Home > Committee Reports > 114th Congress > H. Rept. 114-641

H. Rept. 114-641 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4768) TO AMEND TITLE 5, UNITED STATES CODE, WITH RESPECT TO THE JUDICIAL REVIEW OF AGENCY INTERPRETATIONS OF STATUTORY AND REGULATORY PROVISIONS; PROVIDING FOR PROCEEDINGS DURING THE PERIOD FROM JUNE 23, 2016, THROUGH JULY 4, 2016; AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES114th Congress (2015-2016)

Committee Report

Report Type:	House Report
Accompanies:	H.Res.796
Committees:	Rules

H. Rept. 114-641 - 114th Congress (2015-2016)

Report text available as:

Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.

House Report 114-641 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4768) TO AMEND TITLE 5, UNITED STATES CODE, WITH RESPECT TO THE JUDICIAL REVIEW OF AGENCY INTERPRETATIONS OF STATUTORY AND REGULATORY PROVISIONS; PROVIDING FOR PROCEEDINGS DURING THE PERIOD FROM JUNE 23, 2016, THROUGH JULY 4, 2016; AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES

[House Report 114-641]
[From the U.S. Government Publishing Office]

114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-641

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

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4768) TO AMEND TITLE 5,
UNITED STATES CODE, WITH RESPECT TO THE JUDICIAL REVIEW OF AGENCY
INTERPRETATIONS OF STATUTORY AND REGULATORY PROVISIONS; PROVIDING FOR
PROCEEDINGS DURING THE PERIOD FROM JUNE 23, 2016, THROUGH JULY 4, 2016;
AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES

_______

June 23 (legislative day of June 22), 2016.--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. 796]

The Committee on Rules, having had under consideration
House Resolution 796, by a record vote of 9 to 3, 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. 4768, the
Separation of Powers Restoration Act of 2016, 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 the Judiciary. The
resolution waives all points of order against consideration of
the bill. The resolution makes in order as original text for
the purpose of amendment the amendment in the nature of a
substitute recommended by the Committee on the Judiciary now
printed in the bill and provides that it shall be considered as
read. The resolution waives all points of order against that
amendment in the nature of a substitute. The resolution makes
in order only those further amendments printed in this report.
Each such 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.
Section 2 of the resolution provides for consideration of
concurrent resolutions providing for adjournment during the
month of July, 2016.
Section 3 of the resolution provides that on any
legislative day during the period from June 23, 2016, through
July 4, 2016: 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 4 of the resolution
as though under clause 8(a) of rule I.
Section 5 of the resolution provides that it shall be in
order at any time on the legislative day of June 23, 2016, or
June 24, 2016, 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 consideration of
the bill includes a waiver of clause 3(e)(1) of rule XIII
(``Ramseyer''), requiring a committee report accompanying a
bill amending or repealing statutes to show, by typographical
device, parts of statute affected. The waiver is provided
because the submission provided by the Committee on the
Judiciary was insufficient to meet the standards established by
the rule in its current form. The Committee on Rules continues
to work with the House Office of Legislative Counsel and
committees to determine the steps necessary to comply with the
updated rule.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, 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 this report, the Committee is not
aware of any points of order. The waiver of all points of order
is prophylactic in nature.
Section 3 of the resolution includes a waiver of all points
of order against consideration of a July 4th adjournment
resolution. While adjournment resolutions are ordinarily
privileged, a point of order could be raised against the July
4th district work period adjournment resolution for failure to
comply with section 309 of the Budget Act. Section 309
prohibits the House from adjourning for more than three days in
July unless the House has completed action on all
appropriations bills. Since the House has not yet completed all
action on appropriations bills, this provision is necessary.

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. 195

Motion by Ms. Slaughter to require the Speaker to bring up
H.R. 1076, the Denying Firearms and Explosives to Dangerous
Terrorists Act, under an open rule, and that the Speaker's
postponement authority under clause 1(c) of rule XIX not apply
to consideration of the bill. 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........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... ............
Mr. Stivers..................................... Nay
Mr. Collins..................................... Nay
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 196

Motion by Mr. Cole to report the rule. Adopted: 9-3

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Cole........................................ Yea Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Burgess..................................... Yea Mr. Polis......................... ............
Mr. Stivers..................................... Yea
Mr. Collins..................................... Yea
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... Yea
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Conyers (MI): Exempts from the bill rules issued by the
Environmental Protection Agency pertaining to regulation of
lead or copper in drinking water. (10 minutes)
2. Jackson Lee (TX): Excludes cases where rules are issued
by the Department of Homeland Security and pertain to matters
of national security. (10 minutes)
3. Meeks (NY): Exempts from the bill rules issued by the
Department of Housing and Urban Development. (10 minutes)
4. Johnson, Hank (GA): Exempts from the bill rules issued
pursuant to an express grant of authority from Congress. (10
minutes)
5. Cicilline (RI): Preserves judicial deference to agency
expertise during the review of consumer safety rules issued by
the Commissioner of the Food and Drug Administration. (10
minutes)

TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Conyers of Michigan or
His Designee, Debatable for 10 Minutes