59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–572 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4974) MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, THE DEPARTMENT OF VETERANS AFFAIRS, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017, AND FOR OTHER PURPOSES; PROVIDING FOR 

CONSIDERATION OF THE BILL (H.R. 5243) MAKING APPROPRIATIONS FOR 

THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, TO STRENGTHEN PUBLIC HEALTH ACTIVITIES IN RESPONSE TO THE ZIKA VIRUS, AND FOR 

OTHER PURPOSES; AND FOR OTHER PURPOSES 

MAY 17, 2016.—Referred to the House Calendar and ordered to be printed 

Mr. COLE, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 736] 

The Committee on Rules, having had under consideration House 

Resolution 736, by a nonrecord vote, 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. 4974, the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2017, under a modified-open 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. The resolution waives all points of order against 

consideration of the bill. The resolution waives points of order 

against provisions in the bill for failure to comply with clause 2 of 

rule XXI. The resolution provides that clause 2(e) of rule XXI shall 

not apply during consideration of the bill. The resolution provides 

that after general debate the bill shall be considered for amendment under the five-minute rule except that: (1) amendments shall 

be debatable for 10 minutes equally divided and controlled by the 

proponent and an opponent and (2) no pro forma amendments shall 

be in order except 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. The resolution authorizes the Chair to accord priority in recognition to Members who have pre-printed their amendments in the Congressional Record. The resolution provides one 

motion to recommit with or without instructions. 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
2 

Section 2 of the resolution provides for consideration of H.R. 

5243, the Zika Response Appropriations Act, 2016 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 Appropriations. The resolution waives all points of 

order against consideration of the bill and provides that it shall be 

considered as read. The resolution waives all points of order 

against provisions in the bill. The resolution provides that clause 

2(e) of rule XXI shall not apply during consideration of the bill. The 

resolution provides one motion to recommit. 

Section 3 of the resolution provides that section 514 of H.R. 4974 

shall be considered to be a spending reduction account for purposes 

of section 3(d) of House Resolution 5. 

Section 4 of the resolution provides that during consideration of 

H.R. 4974 pursuant to the rule, it shall not be in order in the Committee of the Whole to use a decrease in Overseas Contingency Operations funds to offset an amendment that increases an appropriation not designated as Overseas Contingency Operations funds or 

vice versa. 

Section 5 of the resolution provides that during consideration of 

H.R. 4974: (1) section 310 of House Concurrent Resolution 125, as 

reported in the House, shall have force and effect; and (2) section 

3304 of Senate Concurrent Resolution 11 shall not apply. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of H.R. 

4974 includes a waiver of Section 306 of the Congressional Budget 

Act, which prohibits consideration of legislation within the jurisdiction of the Committee on the Budget unless referred to or reported 

by the Budget Committee. 

The resolution includes a waiver of points of order against provisions in H.R. 4974 for failure to comply with clause 2 of rule XXI, 

which prohibits unauthorized appropriations or legislative provisions in an appropriations bill. This waiver is necessary because 

H.R. 4974 contains unauthorized appropriations and legislative 

provisions. 

The waiver of all points of order against consideration of H.R. 

5243 includes a waiver of Section 3(d)(5) of H. Res. 5, which prohibits the consideration of a general appropriation bill, unless it includes a spending reduction account. 

Although the resolution waives all points of order against provisions in H.R. 5243, 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: 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
3 

Rules Committee record vote No. 174 

Motion by Ms. Slaughter to report H.R. 4974 and H.R. 5243 each 

an open rule. Defeated: 3–9 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ...................................

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Æ 


smartinez on DSK3GLQ082PROD with REPORTS-HSE