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[House Report 114-744]
[From the U.S. Government Publishing Office]

114th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     114-744

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

 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5351) TO PROHIBIT THE 
  TRANSFER OF ANY INDIVIDUAL DETAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 
5226) TO AMEND CHAPTER 3 OF TITLE 5, UNITED STATES CODE, TO REQUIRE THE 
   PUBLICATION OF INFORMATION RELATING TO PENDING AGENCY REGULATORY 
                    ACTIONS, AND FOR OTHER PURPOSES

                                _______
                                

 September 13, 2016.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 863]

    The Committee on Rules, having had under consideration 
House Resolution 863, 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. 5351, to 
prohibit the transfer of any individual detained at United 
States Naval Station, Guantanamo Bay, Cuba, 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 Armed Services. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides that the amendment printed in part A of 
this report 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 2 of the resolution provides for consideration of 
H.R. 5226, the Regulatory Integrity 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 the purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 114-63 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 part B of 
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 part B of this report. 
The resolution provides one motion to recommit with or without 
instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 5351, 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. 5351, 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 
consideration of H.R. 5226, 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 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 to H.R. 5226 printed in part B of 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. 208

    Motion by Mr. Burgess to report the rule. Adopted: 8-4

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

 SUMMARY OF THE AMENDMENT TO H.R. 5351 IN PART A CONSIDERED AS ADOPTED

    Walorski (IN): Revises date in SEC 1. (b)(2)(B) from 
January 1, 2017 to January 21, 2017.

     SUMMARY OF THE AMENDMENTS TO H.R 5226 IN PART B MADE IN ORDER

    1. Boustany (LA), Loudermilk (GA): Requires the results of 
a Regulatory Impact Analysis (RIA) or a similar cost-benefit 
analysis, as well as the formula and data for the analysis to 
be included in the details disclosed by the agency on either 
regulations.gov or on the executive agency's website. (10 
minutes)
    2. Fleming (LA): Adds a requirement that proposed 
regulations that duplicate or overlap with other existing 
regulations must be disclosed. (10 minutes)
    3. McKinley (WV): Restricts employees or officers of an 
Executive Agency from using private email accounts when 
discussing a pending agency regulatory action with the public. 
(10 minutes)

      PART A--TEXT OF AMENDMENT TO H.R. 5351 CONSIDERED AS ADOPTED

    Page 2, line 13, strike ``January 1, 2017'' and insert 
``January 21, 2017''.

         PART B--TEXT OF AMENDMENTS TO H.R. 5226 MADE IN ORDER

    1. An Amendment To Be Offered by Representative Boustany Jr. of 
          Louisiana or His Designee, Debatable for 10 Minutes

  Page 3, line 13, strike ``; and'' and insert a semicolon.
  Page 3, line 15, strike the period at the end and insert ``; 
and''.
  Page 3, after line 15, insert the following:
                          ``(v) if a regulatory impact analysis 
                        or similar cost-benefit analysis has 
                        been conducted, the findings of such 
                        analysis, including any data or formula 
                        used for purposes of such analysis.
                              ----------                              

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

  Page 3, line 13, strike ``; and'' and insert a semicolon.
  Page 3, line 15, strike the period at the end and insert ``; 
and''.
  Page 3, after line 15, insert the following:
                          ``(v) if applicable, a list of agency 
                        regulatory actions issued by the 
                        Executive agency, or any other 
                        Executive agency, that duplicate or 
                        overlap with the agency regulatory 
                        action.
                              ----------                              

   3. An Amendment To Be Offered by Representative McKinley of West 
           Virginia or His Designee, Debatable for 10 Minutes

  Page 5, line 3, strike ``; or'' and insert a semicolon.
  Page 5, after line 3, insert the following new subparagraph:
                  ``(B) be sent through the private email 
                account of an officer or employee of the 
                Executive agency; or''.
  Page 5, line 4, strike ``(B)'' and insert ``(C)''.

                                  [all]
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