79–008 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–949 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3798) TO AMEND THE 

INTERNAL REVENUE CODE OF 1986 TO REPEAL THE 30-HOUR THRESHOLD FOR CLASSIFICATION AS A FULL-TIME EMPLOYEE FOR PURPOSES 

OF THE EMPLOYER MANDATE IN THE PATIENT PROTECTION AND AFFORDABLE CARE ACT AND REPLACE IT WITH 40 HOURS; PROVIDING FOR 

CONSIDERATION OF THE CONFERENCE REPORT TO ACCOMPANY THE 

BILL (H.R. 5895) MAKING APPROPRIATIONS FOR ENERGY AND WATER 

DEVELOPMENT AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, AND FOR OTHER PURPOSES; AND PROVIDING 

FOR PROCEEDINGS DURING THE PERIOD FROM SEPTEMBER 17, 2018, 

THROUGH SEPTEMBER 24, 2018 

SEPTEMBER 12, 2018.—Referred to the House Calendar and ordered to be printed 

Mr. SESSIONS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1059] 

The Committee on Rules, having had under consideration House 

Resolution 1059, 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. 3798, the Save 

American Workers 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 Ways and 

Means. 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 115–84, 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 2 of the resolution provides for the consideration of the 

conference report to accompany H.R. 5895, the Energy and Water, 

Legislative Branch, and Military Construction and Veterans Affairs 

Appropriations Act, 2019. 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 


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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. Debate on the conference report is divided pursuant to clause 8(d) of 

rule XXII. 

Section 3 of the resolution provides that on any legislative day 

during the period from September 17, 2018, through September 24, 

2018: the Journal of the proceedings of the previous day shall be 

considered as approved; and the Chair may at any time declare the 

House adjourned to meet at a date and time to be announced by 

the Chair in declaring the adjournment. 

Section 4 of the resolution provides that the Speaker may appoint Members to perform the duties of the Chair for the duration 

of the period addressed by section 3 of the resolution as though 

under clause 8(a) of rule I. 

Section 5 of the resolution provides that each day during the period addressed by section 3 of the resolution shall not constitute a 

legislative day for purposes of clause 7 of rule XIII. (resolutions of 

inquiry). 

EXPLANATION OF WAIVERS

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

3798 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; 

• 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; 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. 

Although the resolution waives all points of order against provisions in H.R. 3798, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

The waiver of all points of order against the conference report 

and its consideration includes a waiver of the following: 

• 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; and 

• Clause 9 of rule XXII, which prohibits the inclusion of 

matter in a conference report not committed to the conference 

by either House. 

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