[House Report 114-666]
[From the U.S. Government Publishing Office]


114th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      114-666

======================================================================
 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4361) TO AMEND SECTION 
3554 OF TITLE 44, UNITED STATES CODE, TO PROVIDE FOR ENHANCED SECURITY 
 OF FEDERAL INFORMATION SYSTEMS, AND FOR OTHER PURPOSES, AND PROVIDING 
           FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES

                                _______
                                

July 5, 2016.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mr. Woodall, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 803]

    The Committee on Rules, having had under consideration 
House Resolution 803, by a record vote of 8 to 1, 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. 4361, the 
Federal Information Systems Safeguards 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 Oversight and Government 
Reform. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as 
original text for purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 114-59 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 that it shall be in 
order at any time on the legislative day of July 7, 2016, or 
July 8, 2016, for the Speaker to entertain motions that the 
House suspend the rules relating to a measure addressing the 
Federal Aviation Administration.

                         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 Oversight 
and Government Reform 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.
    The waiver of all points of order against the amendment in 
the nature of a substitute made in order as original text 
includes a waiver of clause 7 of rule XVI, which requires that 
no motion or proposition on a subject different from that under 
consideration shall be admitted under color of amendment.
    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 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:

Rules Committee record vote No. 197

    Motion by Mr. Cole to report the rule. Adopted: 8-1

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

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Palmer (AL): MANAGER'S Makes technical and conforming 
changes to the bill. (10 minutes)
    2. Posey (FL): Establishes that no agency employee when 
acting in their official capacity shall be permitted to 
establish, operate, maintain, or otherwise permit the use of 
information technology not certified by the Agency's Chief 
Information Officer as in compliance with the established 
information security protocols. (10 minutes)
    3. Norton (DC): Strikes sections that extend probationary 
periods, modifies suspension and termination procedures, forced 
mandatory leave provisions, and others. (10 minutes)
    4. Watson Coleman (NJ): Strikes the requirement that 
agencies include a description and square footage of rooms used 
for official time. (10 minutes)
    5. Watson Coleman (NJ): Exempts from the midnight rules 
moratorium any rule that has been included in the Unified 
Regulatory Agenda for at least one year. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

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

  Page 25, line 4, strike ``sections 603 and 604'' and insert 
``sections 602 and 603''.
  Page 25, line 22, strike ``Section 602'' and insert ``Section 
601''.
  Page 26, line 9, strike ``Section 602'' and insert ``Section 
601''.
  Page 26, line 19, strike ``Section 602'' and insert ``Section 
601''.
                              ----------                              


2. An Amendment To Be Offered by Representative Posey of Florida or His 
                   Designee, Debatable for 10 Minutes

  Page 2, after line 13, insert the following new subsection:
  (b) Information Security Protocol.--An agency employee acting 
in the official capacity of the employee (other than the head 
of the agency) may not establish, operate, maintain, or 
otherwise permit the use of information technology that is not 
certified by the appropriate Federal entity responsible for 
information security within the agency (either the Director of 
the Office of Management and Budget, the head of the agency, 
the Secretary of Homeland Security, or the Chief Information 
Officer of the agency, as applicable) as in compliance with the 
established information security policies, procedures, and 
programs.
  Page 2, line 14, strike ``(b)'' and insert ``(c)''.
                              ----------                              


    3. An Amendment To Be Offered by Delegate Norton of District of 
           Columbia or Her Designee, Debatable for 10 Minutes

  Strike sections 402, 405(b), 406, 407, and 408.
                              ----------                              


 4. An Amendment To Be Offered by Representative Watson Coleman of New 
            Jersey or Her Designee, Debatable for 10 Minutes

  Page 23, strike lines 18 through 21.
                              ----------                              


 5. An Amendment To Be Offered by Representative Watson Coleman of New 
            Jersey or Her Designee, Debatable for 10 Minutes

  Page 26, after line 23, insert the following new subsection:
  (c) Regulatory Flexibility Agenda Exception.--Section 601 
shall not apply to a midnight rule that is published in the 
regulatory flexibility agenda pursuant to section 602 of title 
5, United States Code, and that has been included in the 
Unified Regulatory Agenda submitted pursuant to Executive Order 
12886 (5 U.S.C. 601 note; relating to regulatory planning and 
review) for at least one year.

                                  [all]