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116th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {         116-2

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 268) MAKING SUPPLEMENTAL 
 APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, AND FOR 
 OTHER PURPOSES, AND WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII 
WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE 
                           COMMITTEE ON RULES

                                _______
                                

  January 15, 2019.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Raskin, from the Committee on Rules,
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 43]

    The Committee on Rules, having had under consideration 
House Resolution 43, by a record vote of 8 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 H.R. 268, the 
Supplemental Appropriations Act, 2019, under a structured rule. 
The resolution provides one hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Appropriations or their respective 
designees. 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 116-2, modified by the amendment 
printed in part A of 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 that clause 2(e) 
of rule XXI shall not apply during consideration of the bill. 
The resolution makes in order only those further amendments 
printed in part B of this report. Each such further amendment 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in this 
report. The resolution provides one motion to recommit with or 
without instructions. 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) with respect 
to resolutions reported from the Rules Committee through the 
legislative day of January 23, 2019, making or continuing 
appropriations for the fiscal year ending September 30, 2019.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 268 includes waivers of the following:
           Clause 12(a)(1) of rule XXI, which prohibits 
        consideration of a bill unless there is a searchable 
        electronic comparative print that shows how the bill 
        proposes to change current law.
           Section 302(f)(1) of the Congressional 
        Budget Act, which prohibits consideration of 
        legislation providing new budget authority in excess of 
        a 302(b) allocation of such authority.
    Although the resolution waives all points of order against 
provisions in the bill, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in part B of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.

                            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. 4

    Motion by Mr. Cole to strike the provision that would self-
execute amendment #45, offered by Rep. Lowey (NY). The Lowey 
amendment would fund the Federal government through February 8, 
2019. Defeated 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Ms. Matsui......................................  ............  Mr. Burgess.......................          Yea
Mr. Perlmutter..................................          Nay   Mrs. Lesko........................          Yea
Mr. Raskin......................................          Nay
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 5

    Motion by Mr. Burgess to make in order and provide the 
appropriate waivers for amendment #46 to H.R. 268, offered by 
Mr. Mullin (OK), which would fund the Indian Health Service for 
FY19. Defeated 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Ms. Matsui......................................  ............  Mr. Burgess.......................          Yea
Mr. Perlmutter..................................          Nay   Mrs. Lesko........................          Yea
Mr. Raskin......................................          Nay
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 6

    Motion by Mrs. Lesko to make in order and provide the 
appropriate waivers for amendment #47 to H.R. 268, offered by 
Mr. Grothman (WI), which would increase funding for the 
Department of Homeland Security, U.S. Customs and Border 
Protection-Procurement, Construction, and Improvements account 
by $5,700,000,000. This amendment would also state that none of 
the funds made available by this bill could be restricted from 
constructing any new border barrier, including walls or fences, 
along the border between the United States and Mexico. Defeated 
4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Ms. Matsui......................................  ............  Mr. Burgess.......................          Yea
Mr. Perlmutter..................................          Nay   Mrs. Lesko........................          Yea
Mr. Raskin......................................          Nay
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 7

    Motion by Mr. Hastings to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Yea   Mr. Cole..........................          Nay
Mrs. Torres.....................................          Yea   Mr. Woodall.......................          Nay
Ms. Matsui......................................  ............  Mr. Burgess.......................          Nay
Mr. Perlmutter..................................          Yea   Mrs. Lesko........................          Nay
Mr. Raskin......................................          Yea
Ms. Scanlon.....................................          Yea
Mr. Morelle.....................................          Yea
Ms. Shalala.....................................          Yea
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

        SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED

    1. Lowey (NY): Funds the Federal government through 
February 8, 2019.

           SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

    1. Bishop, Sanford (GA), Scott, Austin (GA), Aderholt (AL), 
Dunn (FL), Harder (CA), Lawson (FL), Rice (SC), Roby (AL), 
Rouzer (NC), Scott, David (GA), Sewell (AL), Soto (FL), Wilson, 
Joe (SC), Yoho (FL): Increases emergency assistance funding to 
agricultural producers who suffered losses from hurricanes, 
wildfires and other agricultural related losses in 2018. (10 
minutes)
    2. McGovern (MA), Velazquez (NY), Hastings, Alcee (FL), 
Torres (CA), Jayapal (WA), Pocan (WI), Escobar (TX): States 
that none of the funds in this bill for the Army Corps of 
Engineers or Department of Homeland Security may be used to 
plan, develop, or construct the border wall. (10 minutes)
    3. Rice (SC): Remove the prohibition on the Secretary of 
the Department of Housing and Urban Development's ability to 
waive requirements related to the environment. (10 minutes)
    4. Velazquez (NY): Provides $5 million to conduct an 
independent study, including a survey of participants, on the 
impact of the additional benefits provided through disaster 
nutrition assistance on the food insecurity, health status, and 
well-being of program participants (10 minutes)
    5. Velazquez (NY): Provides $25 million for Cano Martin 
Pena channel ecosystem restoration. (10 minutes)
    6. Stewart (UT): Provides increased funding for hazardous 
fuels management activities to increase the resiliency of 
federal forests, to protect against catastrophic wildfires and 
reduce the amount of damage caused by such fires. (10 minutes)
    7. Thompson, Mike (CA): Clarifies that winegrape growers 
whose crops were tainted by smoke from a 2018 wildfire are 
eligible for assistance under this Act, even if the damage is 
discovered after the grapes have been removed from the vine. 
(10 minutes)
    8. Thompson, Mike (CA), Torres (CA): Increases funding by 
$50 million for the Community Development Fund to help address 
unmet infrastructure needs for grantees that received 
allocations for disasters that occurred in 2017. (10 minutes)
    9. Graves, Garret (LA), Richmond (LA), Rouzer (NC): Extend 
eligibility to Army Corps of Engineers and FEMA projects, but 
ensures they do not receive funding in excess of the amount at 
which they are authorized. (10 minutes)
    10. Richmond (LA), Graves, Garret (LA), Rouzer (NC): Amends 
section to clarify that the process for addressing duplication 
of benefits should be handled in accordance with current law. 
(10 minutes)
    11. Westerman (AR), Panetta (CA): Increases the funding for 
USFS State and Private Forestry account, with the goals of 
helping state and private forest managers recover from the 
catastrophic fires of 2018 and helping these land managers 
prepare for the next fire season. (10 minutes)
    12. Jayapal (WA): Restricts DHS funding from being used for 
the construction or expansion of immigration detention 
facilities. (10 minutes)
    13. Sablan (MP): Increases the funding for the Northern 
Marianas Medicaid program by $16 million to help the islands in 
recovery from Typhoon Mangkhut and Super Typhoon Yutu. (10 
minutes)
    14. Sablan (MP): Increases funding for the Marianas food 
stamps block grant by $15,000,000 to cover the cost of 
households, not previously eligible for aid, who remain in need 
of assistance because of continuing income loss after Typhoon 
Mangkhut and Super Typhoon Yutu. Out of total population of 
53,883, the Food and Nutrition Service reports 40,377 people 
qualified for disaster nutrition benefits. (10 minutes)
    15. Radewagen (AS): Increases the amount of nutritional 
assistance appropriated in Sec. 101 by $5,000,000. (10 minutes)

            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  At the end of the bill (before the short title), insert the 
following:

              TITLE XII--FURTHER CONTINUING APPROPRIATIONS

  Sec. 1201.  The Continuing Appropriations Act, 2019 (division 
C of Public Law 115-245) is further amended by striking the 
date specified in section 105(3) and inserting ``February 8, 
2019''.

                PART B--TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Bishop Jr. of Georgia 
               or His Designee, Debatable for 10 Minutes

  Page 1, line 13, after the dollar amount, insert ``(increased 
by $1,900,000,000)''.
                              ----------                              


      2. An Amendment To Be Offered by Representative McGovern of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. ___.  None of the funds appropriated or otherwise made 
available by this Act for the Army Corps of Engineers or 
Department of Homeland Security may be obligated or expended to 
plan, develop, or construct a new physical barrier along the 
Southwest border.
                              ----------                              


3. An Amendment To Be Offered by Representative Rice of South Carolina 
               or His Designee, Debatable for 10 Minutes

  Page 59, line 17, strike ``labor standards, and the 
environment'' and insert ``and labor standards''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Velazquez of New York 
               or Her Designee, Debatable for 10 Minutes

  Page 5, line 23, insert ``(increased by $5,000,000)'' after 
the dollar amount.
                              ----------                              


 5. An Amendment To Be Offered by Representative Velazquez of New York 
               or Her Designee, Debatable for 10 Minutes

  Page 16, line 3, after the dollar amount, insert ``(increased 
by $25,000,000)''.
  Page 17, line 5, after the colon, insert:
 Provided further, That of this amount $25,000,000 shall be 
used for Corps of Engineers ecosystem restoration projects.
                              ----------                              


6. An Amendment To Be Offered by Representative Stewart of Utah or His 
                   Designee, Debatable for 10 Minutes

  Page 35, beginning line 5, strike ``$63,960,000, to remain 
available until expended: Provided,'' and insert ``$84,960,000, 
to remain available until expended: Provided, that of this 
amount $21,000,000 shall be used for hazardous fuels management 
activities: Provided further,''.
                              ----------                              


7. An Amendment To Be Offered by Representative Thompson of California 
               or His Designee, Debatable for 10 Minutes

  Page 1, line 15, insert ``and harvested adulterated wine 
grapes'' after ``milk''.
                              ----------                              


8. An Amendment To Be Offered by Representative Thompson of California 
               or His Designee, Debatable for 10 Minutes

  Page 54, line 18, after the dollar amount insert ``(increased 
by $50,000,000)''.
  Page 55, strike line 9 and all that follows through ``up to'' 
in line 12.
  Page 55, line 12, after the dollar amount insert ``(increased 
by $50,000,000)''.
                              ----------                              


9. An Amendment To Be Offered by Representative Graves of Louisiana or 
                 His Designee, Debatable for 10 Minutes

  Page 58, line 10, strike ``That such'' and all that follows 
through ``of Engineers:'' on line 13 and insert ``That such 
funds may not be used for activities reimbursed by, or for 
which funds have been made available by, the Federal Emergency 
Management Agency or the Army Corps of Engineers, in excess of 
the authorized amount of the project or its components:''.
                              ----------                              


10. An Amendment To Be Offered by Representative Richmond of Louisiana 
               or His Designee, Debatable for 10 Minutes

  Page 57, line 13, strike ``and any grantee'' and all that 
follows through line 19 and insert the following: ``shall act 
in accordance with section 1210 of Public Law 115-254 (132 
Stat. 3442) and section 312 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5155):''.
                              ----------                              


11. An Amendment To Be Offered by Representative Westerman of Arkansas 
               or His Designee, Debatable for 10 Minutes

  Page 34, line 20, after the dollar amount, insert 
``(increased by $10,000,000)''.
                              ----------                              


12. An Amendment To Be Offered by Representative Jayapal of Washington 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:

  Sec. ____.  None of the funds made available by this Act for 
the Department of Homeland Security may be used for the 
construction or expansion of immigration detention facilities.
                              ----------                              


  13. An Amendment To Be Offered by Representative Sablan of Northern 
       Mariana Islands or His Designee, Debatable for 10 Minutes

  Page 44, line 23, after the dollar amount, insert 
``(increased by $16,000,000)''.
                              ----------                              


  14. An Amendment To Be Offered by Representative Sablan of Northern 
       Mariana Islands or His Designee, Debatable for 10 Minutes

  Page 6, line 13, insert ``(increased by $15,000,000)'' after 
the dollar amount.
                              ----------                              


15. An Amendment To Be Offered by Representative Radewagen of American 
            Samoa or Her Designee, Debatable for 10 Minutes

  Page 5, line 23, insert ``(increased by $5,000,000)'' after 
the dollar amount.

                                  [all]