[House Report 118-308]
[From the U.S. Government Publishing Office]


118th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                      {     118-308

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

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1147) TO AMEND THE 
  RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT TO ALLOW SCHOOLS THAT 
 PARTICIPATE IN THE SCHOOL LUNCH PROGRAM UNDER SUCH ACT TO SERVE WHOLE 
MILK; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 357) TO REQUIRE THE 
HEAD OF AN AGENCY TO ISSUE AND SIGN ANY RULE ISSUED BY THAT AGENCY, AND 
               FOR OTHER PURPOSES; AND FOR OTHER PURPOSES

                                _______
                                

 December 11, 2023.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

             Mrs. Fischbach, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 922]

    The Committee on Rules, having had under consideration 
House Resolution 922, by a record vote of 8 to 4, 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. 1147, the 
Whole Milk for Healthy Kids Act of 2023, under a structured 
rule. The resolution waives all points of order against 
consideration of the bill. The resolution provides one hour of 
general debate equally divided and controlled by the chair and 
ranking minority member of the Committee on Education and the 
Workforce or their respective designees. The resolution 
provides that the amendment in the nature of a substitute 
recommended by the Committee on Education and the Workforce 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 makes in order only those amendments 
printed in the report. Each amendment shall be considered only 
in the order printed in the report, may be offered only by a 
Member designated in the report, shall be considered as read, 
shall be debatable for the time specified in the 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. All points of order 
against the amendments printed in the report are waived. The 
resolution provides one motion to recommit. The resolution 
further provides for consideration of H.R. 357, the Ensuring 
Accountability in Agency Rulemaking Act, under a closed rule. 
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 the 
Judiciary 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 hour of 
general debate equally divided and controlled by the chair and 
ranking minority member of the Committee on the Judiciary or 
their respective designees. The resolution provides one motion 
to recommit. The resolution further provides that on any 
legislative day of the second session of the One Hundred 
Eighteenth Congress before January 9, 2024, the Speaker may 
dispense with organizational and legislative business and that 
the Journal of the proceedings of the previous day shall be 
considered as approved if applicable.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 1147, 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 
provisions in H.R. 1147, as amended, 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 the report, 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 
consideration of H.R. 357, 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 
provisions in H.R. 357, 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. 174

    Motion by Mr. McGovern to amend the rule to make in order 
amendment #16 to H.R. 1147, offered by Representative Carter, 
which amends the Richard B. Russell National School Lunch 
Program to allow for beverage alternatives that meet the 
guidelines from the most recent Dietary Guidelines for 
Americans. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................  ............
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 175

    Motion by Mrs. Fischbach to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................          Nay
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............          Nay
Mr. Norman......................................  ............
Mr. Roy.........................................          Yea
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 1147 MADE IN ORDER

    1. Luna (FL): Ensures that the whole milk served in schools 
can be organic or non-organic. (10 minutes)
    2. Mills (FL): Prohibits schools participating in the 
school lunch program from purchasing or offering milk produced 
by China state-owned enterprises. (10 minutes)
    3. Tiffany (WI), Vasquez (NM): Prevents the USDA from 
issuing any rule that bans varieties of milk covered in this 
bill, including chocolate milk. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 1147 MADE IN ORDER

1. An Amendment To Be Offered by Representative Luna of Florida or Her 
                   Designee, Debatable for 10 Minutes

  Page 3, line 6, insert ``organic or non-organic'' before 
``whole milk''.
  Page 3, line 17, insert ``organic or non-organic'' after 
``unflavored''.
                              ----------                              


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

  Page 4, line 10, strike the period and quotation mark at the 
end and insert the following:
                  ``(E) Prohibition on certain purchases.--The 
                Secretary shall prohibit schools participating 
                in the school lunch program under this Act from 
                purchasing or offering milk produced by China 
                state-owned enterprises.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Tiffany of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  Page 4, line 10, strike the period and quotation mark at the 
end and insert the following:
                  ``(E) Limitation on authority.--The Secretary 
                may not prohibit any school participating in 
                the school lunch program under this Act from 
                offering students the milk described in 
                subparagraph (A)(ii).''.

                                  [all]