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114th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     114-421

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

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2017) TO AMEND THE 
  FEDERAL FOOD, DRUG, AND COSMETIC ACT TO IMPROVE AND CLARIFY CERTAIN 
    DISCLOSURE REQUIREMENTS FOR RESTAURANTS AND SIMILAR RETAIL FOOD 
 ESTABLISHMENTS, AND TO AMEND THE AUTHORITY TO BRING PROCEEDINGS UNDER 
  SECTION 403A, AND PROVIDING FOR PROCEEDINGS DURING THE PERIOD FROM 
              FEBRUARY 15, 2016, THROUGH FEBRUARY 22, 2016

                                _______
                                

 February 10, 2016.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 611]

    The Committee on Rules, having had under consideration 
House Resolution 611, 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. 2017, the 
Common Sense Nutrition Disclosure Act of 2015, 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 Energy and Commerce. 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 Energy and Commerce 
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 that on any 
legislative day during the period from February 15, 2016 
through February 22, 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 3 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 2.
    Section 4 of the resolution provides that the Committee on 
the Judiciary may, at any time before 5 p.m. on Tuesday, 
February 16, 2016, file a report to accompany H.R. 3624.

                         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 Energy and 
Commerce 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 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. 145

    Motion by Ms. Slaughter to report an open rule. Defeated: 
4-8

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

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. McMorris Rodgers (WA), Cardenas, Tony (CA): MANAGER'S 
Ensures that businesses will not be penalized for inadvertent 
human error in preparation or variation of ingredients. (10 
minutes)
    2. DeSaulnier (CA): Maintains current state's rights to 
enact menu labeling laws. (10 minutes)
    3. Schrader (OR): Strikes ``off-premises'' ordering 
exception from bill. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

  1. An Amendment To Be Offered by Representative McMorris Rodgers of 
          Washington or Her Designee, Debatable for 10 Minutes

  On page 5, strike lines 15 through 24 and insert the 
following:

    ``(II) Permissible variation.--If the restaurant or similar 
food establishment uses such means as the basis for its 
nutrient content disclosures, such disclosures shall be treated 
as having a reasonable basis even if such disclosures vary from 
actual nutrient content, including but not limited to 
variations in serving size, inadvertent human error in 
formulation or preparation of menu items, variations in 
ingredients, or other reasonable variations.'';
                              ----------                              


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

  On page 3, line 9, strike the designation and heading of 
subsection (a).

  On page 9, lines 14 through 18, strike subsection (b).
                              ----------                              


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

  On page 3, line 24, insert ``and'' after the semicolon.

  Strike page 4, lines 13 through 22.

                                  [all]