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

                                _______
                                

 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

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

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

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

          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

  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 increase college affordability.

                                  [all]