H.Res. 794: H.R. 5485 – Financial Services and General Government Appropriations Act, 2017

COMMITTEE ACTION: REPORTED BY A RECORD VOTE of 8-1 on Tuesday, June 21, 2016.

FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 227-172 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 229-169 on Tuesday, July 5, 2016.

MANAGERS: McGovern/Stivers

114th Congress

2nd Session

Rule

H.RES. 794

Report No. 114-639

 

H.R. 5485 - Financial Services and General Government Appropriations Act, 2017

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations.
  3. Waives all points of order against consideration of the bill.
  4. Provides that the bill shall be considered as read through page 265, line 9.
  5. Waives points of order against provisions in the bill for failure to comply with clause 2 or clause 5(a) of rule XXI, except beginning with": Provided further" on page 122, line 19, through "2012" on page 122, line 22.
  6. Provides that where points of order are waived against part of a paragraph, a point of order may only be raised against the exposed provision and not the entire paragraph.
  7. Makes in order only those amendments printed in the Rules Committee report, amendments en bloc described in section 3 of the rule, and pro forma amendments described in section 4 of the rule. Each amendment printed in the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.
  8. Waives all points of order against the amendments printed in the report or against amendments en bloc described in section 3 of the rule.
  9. Provides that it shall be in order at any time for the chair of the Committee on Appropriations or his designee to offer amendments en bloc consisting of amendments printed in the report not earlier disposed of. Amendments en bloc sh all be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
  10. Provides that the chair and ranking minority member of the Committee on Appropriations or their respective designees may offer up to 10 pro forma amendments each at any point for the purpose of debate.
  11. Provides one motion to recommit with or without instructions.
  12. Section 6 provides that section 1201 of H.R. 5485 shall be considered to be a spending reduction account for purposes of section 3(d) of House Resolution 5.
  13. Section 7 provides that during consideration of H.R. 5485, section 3304 of Senate Concurrent Resolution 11 shall not apply.

 

RESOLUTION

ResolvedThat at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 5485) making appropriations for financial services and general government for the fiscal year ending September 30, 2017, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate sh all be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations.

Sec. 2. (a) Mter general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read through page 265, line 9. Points of order against provisions in the bill for failure to comply with clause 2 or clause 5(a) of rule XXI are waived except as follows: beginning with": Provided further" on page 122, line 19, through "2012" on page 122, line 22. Where points of order are waived against part of a paragraph, points of order against a provision in another part of such paragraph may be made only against such provision and not against the entire paragraph.

(b) No amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution, amendments en bloc described in section 3 of this resolution, and pro forma amendments described in section 4 of this resolution.

(c) Each amendment printed in the report of the Committee on Rules shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment except as provided by section 4 of this resolution, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

(d) All points of order against amendments printed in the report of the Committee on Rules or against amendments en bloc described in section 3 of this resolution are waived.

Sec. 3. It shall be in order at any time for the chair of the Committee on Appropriations or his designee to offer amendments en bloc consisting of amendments printed in the report of the Committee on Rules accompanying this resolution not earlier disposed of. Amendments en bloc offered pursuant to this section shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations or their respective designees, shall not be subject to amendment except as provided by section 4 of this resolution, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

Sec. 4. During consideration of the bill for amendment, the chair and ranking minority member of the Committee on Appropriations or their respective designees may offer up to 10 pro forma amendments each at any point for the purpose of debate. Sec. 5. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 6. Section 1201 of H.R. 5485 shall be considered to be a spending reduction account for purposes of section 3(d) of House Resolution 5.

Sec. 7. During consideration of H.R. 5485, section 3304 of Senate Concurrent Resolution 11 shall not apply.

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

 

Sponsor

#

Description

Debate Time

1

Ellison (MN), Grijalva (AZ), Schakowsky (IL)

72

Reprograms already appropriated funds to create an Office of Good Jobs for the Department of Treasury.

(10 Minutes)

2

Duffy (WI), Marino (PA)

63

Revised Decreases by $20.7 million the Community Development Financial Institutions (CDFI) account to offset an inappropriate augmentation of this account outside of the congressional appropriations process by the Department of Justice through settlement agreements which required banks to donate $20.7 million to certified CDFI entities.

(10 Minutes)

3

Becerra (CA), Deutch (FL), Schiff (CA), Takano (CA), Levin, Sander (MI), Peters, Scott (CA), Lujan Grisham (NM)

43

Strikes Section 127, which prevents the IRS from issuing guidance to more clearly define political activity for 501(c)(4) organizations.

(10 Minutes)

4

Ellison (MN), Johnson, Hank (GA)

55

Strikes restrictions on the Consumer Financial Protection Bureau’s ability to promulgate rules restricting pre-dispute mandatory arbitration agreements in consumer contracts with firms offering financial products.

(10 Minutes)

5

Moore, Gwen (WI), Waters (CA), Maloney, Carolyn (NY), Ellison (MN)

49

Strikes Section 501 to preserve the independent funding and transfer of funds from the Federal Reserve to Consumer Financial Protection Bureau.

(10 Minutes)

6

Moore, Gwen (WI), Waters (CA), Maloney, Carolyn (NY), Ellison (MN)

50

Strikes Section 503 to preserve the independent funding and transfer of funds from the Federal Reserve to Consumer Financial Protection Bureau.

(10 Minutes)

7

Moore, Gwen (WI), Waters (CA), Maloney, Carolyn (NY), Ellison (MN)

48

The amendment strikes Section 505 to preserve the current management structure of the Consumer Financial Protection Bureau under a single Director.

(10 Minutes)

8

Brat (VA), Moulton (MA)

108

Designates $3 million from existing National Archives and Records Administration funds to coordinate the digital publication of the U.S. Statutes at Large under 1 U.S.C. 112.

(10 Minutes)

9

Duffy (WI)

59

Increases funding for the SEC's Division of Enforcement to investigate instances of possible market abuse whereby pharmaceutical innovators' patents are disputed and then their stock is shorted.

(10 Minutes)

10

Himes (CT), Sewell (AL), Perlmutter (CO), Maloney, Carolyn (NY), Hinojosa (TX)

110

Increases funding for the SEC by $50 million.

(10 Minutes)

11

DeFazio (OR), Chaffetz (UT), Coffman (CO)

46

Decreases funding for the Selective Service System by $22,703,000 and increases the spending reduction account by the same amount.

(10 Minutes)

12

Grayson (FL)

94

Strikes section 613.

(10 Minutes)

13

Kildee (MI), Capuano (MA), Deutch (FL)

127

Late Strikes Section 625 of the bill, a provision that prevents the SEC from developing or finalizing a rule that requires the disclosure of political contributions to tax exempt organizations.

(10 Minutes)

14

Eshoo (CA)

65

Strikes section 632.

(10 Minutes)

15

Ellison (MN)

60

Revised Strikes section 637.

(10 Minutes)

16

Ellison (MN)

129

Late Strikes section 638.

(10 Minutes)

17

Sewell (AL), Waters (CA), Ellison (MN), Hinojosa (TX)

64

Strikes section 639, which prohibits funds from being used by the Bureau of Consumer Financial Protection (CFPB) to enforce regulations or rules with respect to payday loans, vehicle title loans, or other similar loans during FY 2017.

(10 Minutes)

18

DeSaulnier (CA)

128

Late Strikes section 735 (relating to Federal election contributions).

(10 Minutes)

19

Norton (DC)

25

Strikes the repeal of the District of Columbia budget autonomy referendum.

(10 Minutes)

20

Amodei (NV), Westmoreland (GA)

29

Prohibits funds from being used to enforce the requirement in section 316(b)(4)(D) of the Federal Election Campaign Act that solicitation of contribution from member corporations’ stockholders or personnel from a trade association be separately and specifically approved by the member corporation involved prior to the solicitation, and that such member corporations does not approve any such solicitation by more than one trade association in any calendar year.

(10 Minutes)

21

Blackburn (TN)

17

Provides for a one percent across the board cut to the bill's discretionary spending levels.

(10 Minutes)

22

Blackburn (TN)

5

Revised Prohibits funds made available by the Act from being used to implement, administer or enforce any of the rules proposed in the Notice of Proposed Rulemaking adopted by the FCC on March 31, 2016 (FCC 16-39), intended to regulate consumer privacy obligations as necessitated by the FCC’s net neutrality regime.

(10 Minutes)

23

Buck (CO)

42

Reduces the salary of the IRS Commissioner to $0 annually from date of enactment through January 20, 2017.

(10 Minutes)

24

Crawford (AR), Poe (TX), Abraham (LA), Cramer, Kevin (ND), Farr (CA), Bustos (IL), Gibbs (OH), Emmer (MN)

81

Prohibits funds from being used to implement, administer or enforce Section 902(b) of the Trade Sanction Reform and Export Enhancement Act of 2000 which requires agriculture commodities sales to Cuba be carried out on a cash basis.

(10 Minutes)

25

Davidson (OH)

104

Revised Prohibits the use of funds to change the Selective Service System registration requirements.

(10 Minutes)

26

Duffy (WI), Williams (TX)

1

Revised Prohibits funds from being used to implement, administer, or enforce a new regulatory action of $100 million or more.

(10 Minutes)

27

Duffy (WI)

57

Revised Prohibits funds from being used with respect to the case Rainey v. Merit Systems Protection Board.

(10 Minutes)

28

Garrett (NJ)

44

Prohibits the Securities and Exchange Commission from proposing or implementing a rule that mandates the use of universal proxy ballots during proxy contests.

(10 Minutes)

29

Garrett (NJ)

45

Prohibits the use of funds to designate any nonbank financial company as "too big to fail" or as a "systemically important financial institution" or to make a determination that material financial distress at a nonbank financial company could pose a threat to U.S. financial stability.

(10 Minutes)

30

Gosar (AZ)

10

Prohibits the use of funds to pay a performance bonus to any senior IRS employee.

(10 Minutes)

31

Gosar (AZ), Bridenstine (OK), Duncan (SC), Gohmert (TX), Huelskamp (KS), Jones (NC), Barletta (PA), Brat (VA)

13

Revised Prohibits the use of funds made available by this Act to be used to provide financial assistance to Sanctuary Cities.

(10 Minutes)

32

Guinta (NH)

32

Revised Makes no funds available to the CFPB to enforce or administer guidance pertaining to indirect auto lending.

(10 Minutes)

33

Hudson (NC)

86

Revised Prohibits funding to propose or finalize a regulatory action until January 21, 2017.

(10 Minutes)

34

Huizenga (MI)

95

States no funds appropriated in this Act may be used to enforce a SEC rule pursuant to Section 1502 of Dodd-Frank relating to “conflict minerals.”

(10 Minutes)

35

Huizenga (MI)

96

States no funds shall be made available to finalize, implement, administer, or enforce the Securities and Exchange Commission's Pay Ratio Disclosure rules.

(10 Minutes)

36

King, Steve (IA), Gohmert (TX)

78

Revised Blocks the federal government from borrowing money.

(10 Minutes)

37

Lance (NJ)

3

Revised Prohibits funds from being used to give Iran access to the U.S. dollar.

(10 Minutes)

38

King, Steve (IA)

79

Defunds an Executive Order which directs Federal agencies to provide foreign-language services to anyone who might seek to engage with federal, state, and local governments.

(10 Minutes)

39

Luetkemeyer (MO)

52

Prohibits funding for Operation Choke Point.

(10 Minutes)

40

Messer, Luke (IN)

8

Prohibits funds from being used by the CFPB to commence any administrative adjudication or civil action beyond the 3 year statute of limitation established by the Dodd-Frank Wall Street Reform and Consumer Protection Act.

(10 Minutes)

41

Palmer (AL)

54

Revised Prohibits funds from being used to implement D.C.'s Reproductive Health Non-Discrimination Amendment Act (RHNDA).

(10 Minutes)

42

Poliquin (ME), Amodei (NV)

39

Revised Ensures paper statement delivery of financial reporting information by prohibiting funds for the Security and Exchange Commission’s (SEC) Proposed Rule 30e-3 from allowing mutual funds to switch to digital delivery of financial reporting information, unless the investor affirmatively objects.

(10 Minutes)

43

Pompeo (KS), Blackburn (TN)

7

Revised Prohibits funds from being used to finalize, implement, administer or enforce CPSC’s proposed rule on Voluntary Remedial Actions and Guidelines for Voluntary Recall Notices.

(10 Minutes)

44

Posey (FL)

90

Revised Prohibits funds under this Act from being used to implement, administer, enforce, or codify into regulation, the SEC's guidance relating to "Commission Guidance Regarding Disclosure Related to Climate Change"

(10 Minutes)

45

Roskam (IL)

40

Revised Prohibits any funds from being used to issue a license pursuant to any Office of Foreign Assets Control (OFAC) memo regarding section 5.1.1 of Annex II to the JCPOA, including the OFAC memo titled, “Statement of Licensing Policy For Activities Related to the Export Or Re-Export to Iran of Commercial Passenger Aircraft and Related Parts and Services’’ and any other substantially similar OFAC memo.

(10 Minutes)

46

Roskam (IL)

41

Prohibits any funds from being used to authorize financing (including loans, guarantees, other credits, insurance, and reinsurance) by a U.S. financial institution in connection with the purchase or lease of aircraft by the Islamic Republic of Iran.

(10 Minutes)

47

Sanford (SC), Emmer (MN), Crawford (AR), McGovern (MA), Lee, Barbara (CA), Castor (FL), Cramer, Kevin (ND)

85

Prohibits the use of funds to enforce regulations limiting the rights of Americans to travel to Cuba.

(10 Minutes)

48

Zeldin (NY), Courtney (CT), DeLauro (CT), King, Peter (NY)

20

Revised Prohibits funds from being used by the GSA to market or sell Plum Island, NY.

(10 Minutes)

49

DeFazio (OR), Chaffetz (UT), Coffman (CO)

47

Prohibits funds from being used to administer the Selective Service System.

(10 Minutes)

50

Delaney (MD)

123

Late Extends the redesignation period for HUBZones to 7 years.

(10 Minutes)

51

DeSantis (FL)

136

(LATE) (REVISED) Prohibits funds made available by  the Act to be used to pay final judgments, awards, compromise settlements, or interest and costs specified in the judgments to Iran using amounts appropriated under section 1304 of title 31, United States Code, or interest from amounts appropriated under such section.

(10 Minutes)

52

DeSantis (FL)

137

Late Prohibits funds made available by the Act to be used to circumvent the conditions of Section 104 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010.

(10 Minutes)

53

Jeffries (NY), Donovan (NY)

107

Precludes the relocation of an Office of Disability Adjudication and Review, of the Social Security Administration, away from the population center it mainly serves.

(10 Minutes)

54

Yarmuth (KY), Eshoo (CA), Lujan (NM), Welch (VT)

66

Prohibits funds from being used in contravention of Section 317 of the Communications Act of 1934.

(10 Minutes)

55

Duffy (WI)

56

Decreases by $1 million Department of the Treasury salaries and expenses and transfers the same amount to the spending reduction account.

(10 Minutes)

56

Grayson (FL)

37

Increases the minimum funding level for Tax Counseling for the Elderly by 50%.

(10 Minutes)

57

Meng (NY)

125

Late Increases funding for Tax Counseling for the Elderly by $1.5 million.

(10 Minutes)

58

Jenkins, Evan (WV)

35

Increases funding for the High Intensity Drug Trafficking Areas (HIDTA) by $2 million with an offset.

(10 Minutes)

59

Comstock (VA)

135

Late Increases resources for the High Intensity Drug Trafficking Areas (HIDTA) Program, offset by resources for GSA rental space.

(10 Minutes)

60

Speier (CA)

16

Increases funding for the Federal Trade Commission by $1 million for additional enforcement of the Do Not Call Registry and education for the public about avoiding telemarketer deception and abuse.

(10 Minutes)

61

Himes (CT)

109

Increases funding for the Privacy and Civil Liberties Oversight Board by $1,784,000.

(10 Minutes)

62

Rice, Kathleen (NY), Speier (CA), Blum (IA), Coffman (CO)

68

Increases funding for the Office of Special Counsel (OSC) by $800,000.

(10 Minutes)

63

Lynch (MA), Fitzpatrick (PA), Pittenger (NC), Hinojosa (TX), Sinema (AZ), Sherman (CA), Hill (AR), Ellison (MN), Meeks (NY)

15

Revised Increases funding for the Financial Crimes Enforcement Network (FinCEN) by $3,300,000.

(10 Minutes)

64

Walberg (MI), Dingell (MI)

18

Increases funding for the High Intensity Drug Trafficking Area program (HIDTA) by $2 million.

(10 Minutes)

65

Connolly (VA), Meadows (NC)

102

Reduces the General Services Administration's Federal Building Fund Rental of Space Account by $5 million and increases the IT Oversight and Reform Office by $5 million.

(10 Minutes)

66

Meng (NY), Murphy, Patrick (FL)

82

Revised Increases funding for Small Business Development Centers by $5 million.

(10 Minutes)

67

Engel (NY)

97

Prohibits funds made available by this Act from being used to lease or purchase new light duty vehicles unless those vehicles meet the requirements of President Obama’s May 24, 2011 Executive Order on Federal Fleet Performance.

(10 Minutes)

68

Gallego (AZ)

122

Late Revised Specifies that no funds may be used to revise any policy or directive related to hiring preferences for veterans of the Armed Forces.

(10 Minutes)

69

Grayson (FL)

93

Prohibits the government from entering into a contract with an entity that discloses, as it is required to by the Federal Acquisition Regulation, that it has been convicted of fraud or another criminal offense in the last three years in connection with obtaining, attempting to obtain, or performing a public contract or subcontract. Prohibits the government from contracting with entities that have been notified of any delinquent Federal taxes for which the liability remains unsatisfied.

(10 Minutes)

70

Hartzler (MO)

98

Revised Prohibits the CFPB from implementing any contract with a vendor to provide informational messages.

(10 Minutes)