59–008 

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, 


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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. 


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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.


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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. 

Æ 


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