59–008 

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 amendVerDate Sep 11 2014 03:40 Feb 11, 2016 Jkt 059008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR421.XXX HR421

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ments 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 Florida ........................................... Yea 

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), Ca ́ rdenas, Tony (CA): MANAGER’S 

Ensures that businesses will not be penalized for inadvertent 


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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. 

Æ 


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