[House Report 115-474]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-474
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PROVIDING FOR CONSIDERATION OF THE CONFERENCE REPORT TO ACCOMPANY THE
BILL (H.R. 1) TO PROVIDE FOR RECONCILIATION PURSUANT TO TITLES II AND V
OF THE CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2018;
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3312) TO AMEND THE DODD-
FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT TO SPECIFY WHEN
BANK HOLDING COMPANIES MAY BE SUBJECT TO CERTAIN ENHANCED SUPERVISION,
AND FOR OTHER PURPOSES; AND FOR OTHER PURPOSES
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December 18, 2017.--Referred to the House Calendar and ordered to be
printed
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Mr. Sessions, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 667]
The Committee on Rules, having had under consideration
House Resolution 667, by a record vote of 9 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of the conference
report to accompany H.R. 1, the Tax Cuts and Jobs Act. The
resolution waives all points of order against the conference
report and against its consideration. The resolution provides
that the conference report shall be considered as read. The
resolution provides that the previous question shall be
considered as ordered without intervention of any motion except
one hour of debate and one motion to recommit if applicable.
The resolution provides that clause 5(b) of rule XXI shall not
apply to the conference report. Debate on the conference report
is divided pursuant to clause 8(d) of rule XXII.
Section 2 of the resolution provides for consideration of
H.R. 3312, the Systemic Risk Designation Improvement Act of
2017, under a closed rule. The resolution provides one hour of
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Financial Services. The
resolution waives all points of order against consideration of
the bill. The resolution provides that an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 115-49, modified by the amendment printed in
this report, shall be considered as adopted and the bill, as
amended, shall be considered as read. The resolution waives all
points of order against provisions in the bill, as amended. The
resolution provides one motion to recommit with or without
instructions.
Section 3 of the resolution waives clause 6(a) of rule XIII
(requiring a two-thirds vote to consider a rule on the same day
it is reported from the Rules Committee) against any resolution
reported for the remainder of the first session of the One
Hundred Fifteenth Congress.
Section 4 of the resolution provides that it shall be in
order at any time through the remainder of the first session of
the One Hundred Fifteenth Congress for the Speaker to entertain
motions that the House suspend the rules and that the Speaker
or his designee shall consult with the Minority Leader or her
designee on the designation of any matter for consideration
pursuant to this section.
EXPLANATION OF WAIVERS
The waiver of all points of order against the conference
report and its consideration includes a waiver of the
following:
Clause 9 of rule XXII, which prohibits the
inclusion of matter in a conference report not
committed to the conference by either House; and
Section 311 of the Congressional Budget Act,
which prohibits consideration of legislation that would
cause revenues to be less than the level of total
revenues for the first fiscal year or for the total of
that first fiscal year and the ensuing fiscal years for
which allocations are provided.
It should be noted that although the resolution provides
that clause 5(b) of rule XXI does not apply to the conference
report, the rule isolates only specified provisions and does
not look at the essential interactions of all the tax
provisions. While the conference report as a whole provides
broad tax relief, the provision is necessary because of the
narrow focus of the rule.
The waiver of all points of order against consideration of
H.R. 3312 includes a waiver of the following:
Clause 10 of rule XXI, which prohibits the
consideration of a bill if it has the net effect of
increasing mandatory spending over the five-year or
ten-year period. While the waiver is necessary it is
important to note that the bill does not cause an
increase in the deficit.
Section 302(f) of the Congressional Budget
Act, which prohibits consideration of legislation
providing new budget authority in excess of a 302(a)
allocation of such authority;
Section 303 of the Congressional Budget Act,
which prohibits consideration of legislation, providing
a change in revenues for a fiscal year until the budget
resolution for that year has been agreed to;
Section 311 of the Congressional Budget Act,
which prohibits consideration of legislation that would
cause revenues to be less than the level of total
revenues for the first fiscal year or for the total of
that first fiscal year and the ensuing fiscal years for
which allocations are provided.
The waiver of all points of order against provisions in
H.R. 3312, as amended, includes a waiver of clause 5(a) of rule
XXI, which prohibits a bill or joint resolution carrying a tax
or tariff measure from being reported by a committee not having
jurisdiction to report tax or tariff measures.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 164
Motion by Mr. Polis to provide for consideration of House
Concurrent Resolution 97, which would include the regulation of
virtual currency; protections for small marijuana businesses
from tax burdens; restrictions and clarifications on special
interests deducting certain lobbying expenses; and provisions
to allow kombucha manufacturers to be taxed fairly for the
product they produce. Defeated: 3-9, Present--1
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Majority Members Vote Minority Members Vote
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Mr. Cole........................................ Nay Ms. Slaughter..................... Present
Mr. Woodall..................................... Nay Mr. McGovern...................... Yea
Mr. Burgess..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Collins..................................... Nay Mr. Polis......................... Yea
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... Nay
Mr. Buck........................................ Nay
Ms. Cheney...................................... Nay
Mr. Sessions, Chairman.......................... Nay
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Rules Committee record vote No. 165
Motion by Mr. Cole to report the rule. Adopted: 9-4
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Majority Members Vote Minority Members Vote
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Mr. Cole........................................ Yea Ms. Slaughter..................... Nay
Mr. Woodall..................................... Yea Mr. McGovern...................... Nay
Mr. Burgess..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Collins..................................... Yea Mr. Polis......................... Nay
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... Yea
Mr. Buck........................................ Yea
Ms. Cheney...................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENT TO H.R. 3312 CONSIDERED AS ADOPTED
Luetkemeyer (MO): Makes a technical correction by
renumbering the sections.
TEXT OF AMENDMENT TO H.R. 3312 CONSIDERED AS ADOPTED
Redesignate the second section 5 as section 6.
[all]