House Report 114-777 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3438) TO AMEND TITLE 5, UNITED STATES CODE, TO POSTPONE THE EFFECTIVE DATE OF HIGH IMPACT RULES PENDING JUDICIAL REVIEW; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5719) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO MODIFY THE TAX TREATMENT OF CERTAIN EQUITY GRANTS; AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES

[House Report 114-777]
[From the U.S. Government Publishing Office]

114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-777

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3438) TO AMEND TITLE 5,
UNITED STATES CODE, TO POSTPONE THE EFFECTIVE DATE OF HIGH IMPACT RULES
PENDING JUDICIAL REVIEW; PROVIDING FOR CONSIDERATION OF THE BILL (H.R.
5719) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO MODIFY THE TAX
TREATMENT OF CERTAIN EQUITY GRANTS; AND PROVIDING FOR CONSIDERATION OF
MOTIONS TO SUSPEND THE RULES

_______

September 20, 2016.--Referred to the House Calendar and ordered to be
printed

Mr. Collins of Georgia, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 875]

The Committee on Rules, having had under consideration
House Resolution 875, 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. 3438, the
REVIEW 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
H.R. 5719, the Empowering Employees through Stock Ownership
Act, 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 the amendment in the
nature of a substitute recommended by the Committee on Ways and
Means now printed in the bill 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 3 of the resolution provides that it shall be in
order at any time on the legislative day of September 22, 2016,
or September 23, 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
H.R. 3438 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 to H.R. 3438, 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 is prophylactic in
nature.
The waiver of all points of order against consideration of
H.R. 5719 includes a waiver of:
Section 303 of the Congressional Budget Act,
prohibiting consideration of legislation that provides
a change in revenues for a fiscal year until the budget
resolution for that year has been agreed to; and
Section 311 of the Congressional Budget Act
of 1974, prohibiting consideration of legislation that
would cause the level of total new budget authority for
the first fiscal year to be exceeded, or 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. 5719, as amended, 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. 209

Motion by Ms. Slaughter to make in order and provide the
appropriate waivers for amendment #1 to H.R. 5719, offered by
Rep. Crowley (NY) and Rep. Eshoo (CA), which increases the Oil
Spill Liability Trust Fund tax by $.02 cents to $0.11 per bbl.
effective January 1, 2017 to offset the cost of the bill.
Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
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..........................
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 210

Motion by Mr. McGovern to provide opens rules for H.R. 3438
and H.R. 5719. Defeated: 3-8

Rules Committee record vote No. 211

Motion by Mr. McGovern to make in order and provide the
appropriate waivers for amendment #4 to H.R. 3438, offered by
Rep. Jackson Lee (TX), which exempts any rule promulgated to
prevent, respond to, or mitigate the adverse impacts of public
health emergencies like the outbreak of the Zika and Ebola
viruses. Defeated: 3-8

Rules Committee record vote No. 212

Motion by Mr. Hastings to make in order and provide the
appropriate waivers for amendment #1 to H.R. 3438, offered by
Rep. Conyers Jr. (MI), which exempts rules pertaining to
reducing the level of lead in drinking water. Defeated: 3-8

SUMMARY OF THE AMENDMENTS TO H.R. 3438 MADE IN ORDER

1. Cicilline (RI): Exempts from the requirements of the
legislation any rule that would reduce the cost of healthcare
for people over the age of 65. (10 minutes)
2. DelBene (WA): Exempts from the bill's requirements rules
relating to improving the affordability of higher education.
(10 minutes)

TEXT OF AMENDMENTS TO H.R. 3438 MADE IN ORDER

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

Page 3, line 19, strike ``; and'' and insert a semicolon.
Page 3, line 21, insert after ``rule'' the following:
``(other than an excepted rule)''.
Page 3, line 23, strike the period and insert ``; and''.
Page 3, insert after line 23 the following:
(C) the term ``excepted rule'' means any rule
that would reduce the cost of healthcare for a
person over the age of 65.
----------

2. An Amendment To Be Offered by Representative Delbene of Washington
or Her Designee, Debatable for 10 Minutes

[all]