[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

  Page 3, line 11, insert after ``extent necessary'' the 
following ``, and except as otherwise provided in this 
section''.
  Page 4, line 3, insert after the period at the end the 
following:

SEC. 3. EXCEPTED RULES.

  Section 706 of title 5, United States Code, as amended by 
this Act, is further amended by adding at the end the 
following:
  ``(c) In the case of a rule made by the Administrator of the 
Environmental Protection Agency pertaining to regulation of 
lead or copper in drinking water, to the extent necessary to 
decision and when presented, the reviewing court shall decide 
all relevant questions of law, interpret constitutional and 
statutory provisions, and determine the meaning or 
applicability of the terms of an agency action.''.
                              ----------                              


2. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 3, line 11, insert after ``extent necessary'' the 
following ``, and except as otherwise provided in this 
section''.
  Page 4, line 3, insert after the period at the end the 
following:

SEC. 3. EXCEPTED RULES.

  Section 706 of title 5, United States Code, as amended by 
this Act, is further amended by adding at the end the 
following:
  ``(c) In the case of a rule made by the Secretary of Homeland 
Security pertaining to any matter of national security, to the 
extent necessary to decision and when presented, the reviewing 
court shall decide all relevant questions of law, interpret 
constitutional and statutory provisions, and determine the 
meaning or applicability of the terms of an agency action.''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Meeks of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 11, insert after ``extent necessary'' the 
following ``, and except as otherwise provided in this 
section''.
  Page 4, line 3, insert after the period at the end the 
following:

SEC. 3. EXCEPTED RULES.

  Section 706 of title 5, United States Code, as amended by 
this Act, is further amended by adding at the end the 
following:
  ``(c) In the case of a rule made by the Secretary of Housing 
and Urban Development, to the extent necessary to decision and 
when presented, the reviewing court shall decide all relevant 
questions of law, interpret constitutional and statutory 
provisions, and determine the meaning or applicability of the 
terms of an agency action.''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 11, insert after ``extent necessary'' the 
following ``, and except as otherwise provided in this 
section''.
  Page 4, line 3, insert after the period at the end the 
following:

SEC. 3. EXCEPTED RULES.

  Section 706 of title 5, United States Code, as amended by 
this Act, is further amended by adding at the end the 
following:
  ``(c) In the case of a rule made pursuant to an explicit 
grant of authority in any statute, to the extent necessary to 
decision and when presented, the reviewing court shall decide 
all relevant questions of law, interpret constitutional and 
statutory provisions, and determine the meaning or 
applicability of the terms of an agency action.''.
                              ----------                              


  5. An Amendment To Be Offered by Representative Cicilline of Rhode 
            Island or His Designee, Debatable for 10 Minutes

  Page 3, line 11, insert after ``extent necessary'' the 
following ``, and except as otherwise provided in this 
section''.
  Page 4, line 3, insert after the period at the end the 
following:

SEC. 3. EXCEPTED RULES.

  Section 706 of title 5, United States Code, as amended by 
this Act, is further amended by adding at the end the 
following:
  ``(c) In the case of a rule made by the Commissioner of Food 
and Drugs of the Food and Drug Administration that pertains to 
consumer safety, to the extent necessary to decision and when 
presented, the reviewing court shall decide all relevant 
questions of law, interpret constitutional and statutory 
provisions, and determine the meaning or applicability of the 
terms of an agency action.''.

                                  [all]