59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–641 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4768) TO AMEND 

TITLE 5, UNITED STATES CODE, WITH RESPECT TO THE JUDICIAL REVIEW OF AGENCY INTERPRETATIONS OF STATUTORY AND REGULATORY 

PROVISIONS; PROVIDING FOR PROCEEDINGS DURING THE PERIOD 

FROM JUNE 23, 2016, THROUGH JULY 4, 2016; AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES 

JUNE 23 (legislative day of JUNE 22), 2016.—Referred to the House Calendar and 

ordered to be printed 

Mr. SESSIONS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 796] 

The Committee on Rules, having had under consideration House 

Resolution 796, by a record vote of 9 to 3, 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. 4768, the Separation of Powers Restoration 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 


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report. The resolution provides one motion to recommit with or 

without instructions. 

Section 2 of the resolution provides for consideration of concurrent resolutions providing for adjournment during the month of 

July, 2016. 

Section 3 of the resolution provides that on any legislative day 

during the period from June 23, 2016, through July 4, 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 4 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 4 of the resolution as though 

under clause 8(a) of rule I. 

Section 5 of the resolution provides that it shall be in order at 

any time on the legislative day of June 23, 2016, or June 24, 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 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 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 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 of all points of order is prophylactic 

in nature. 

Section 3 of the resolution includes a waiver of all points of order 

against consideration of a July 4th adjournment resolution. While 

adjournment resolutions are ordinarily privileged, a point of order 

could be raised against the July 4th district work period adjournment resolution for failure to comply with section 309 of the Budget Act. Section 309 prohibits the House from adjourning for more 

than three days in July unless the House has completed action on 

all appropriations bills. Since the House has not yet completed all 

action on appropriations bills, this provision is necessary. 

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: 


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Rules Committee record vote No. 195 

Motion by Ms. Slaughter to require the Speaker to bring up H.R. 

1076, the Denying Firearms and Explosives to Dangerous Terrorists Act, under an open rule, and that the Speaker’s postponement 

authority under clause 1(c) of rule XIX not apply to consideration 

of the bill. Defeated: 3–9 

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 ................................... Nay 

Rules Committee record vote No. 196 

Motion by Mr. Cole to report the rule. Adopted: 9–3 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Cole ............................................................ Yea Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ........................................................... ...................

Mr. Stivers ........................................................ Yea 

Mr. Collins ........................................................ Yea 

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Conyers (MI): Exempts from the bill rules issued by the Environmental Protection Agency pertaining to regulation of lead or 

copper in drinking water. (10 minutes) 

2. Jackson Lee (TX): Excludes cases where rules are issued by 

the Department of Homeland Security and pertain to matters of 

national security. (10 minutes) 

3. Meeks (NY): Exempts from the bill rules issued by the Department of Housing and Urban Development. (10 minutes) 

4. Johnson, Hank (GA): Exempts from the bill rules issued pursuant to an express grant of authority from Congress. (10 minutes) 

5. Cicilline (RI): Preserves judicial deference to agency expertise 

during the review of consumer safety rules issued by the Commissioner of the Food and Drug Administration. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONYERS

OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 11, insert after ‘‘extent necessary’’ the following ‘‘, 

and except as otherwise provided in this section’’. 

Page 4, line 3, insert after the period at the end the following: 


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SEC. 3. EXCEPTED RULES. 

Section 706 of title 5, United States Code, as amended by this 

Act, is further amended by adding at the end the following: 

‘‘(c) In the case of a rule made by the Administrator of the Environmental Protection Agency pertaining to regulation of lead or 

copper in drinking water, to the extent necessary to decision and 

when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and 

determine the meaning or applicability of the terms of an agency 

action.’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 11, insert after ‘‘extent necessary’’ the following ‘‘, 

and except as otherwise provided in this section’’. 

Page 4, line 3, insert after the period at the end the following: 

SEC. 3. EXCEPTED RULES. 

Section 706 of title 5, United States Code, as amended by this 

Act, is further amended by adding at the end the following: 

‘‘(c) In the case of a rule made by the Secretary of Homeland Security pertaining to any matter of national security, to the extent 

necessary to decision and when presented, the reviewing court 

shall decide all relevant questions of law, interpret constitutional 

and statutory provisions, and determine the meaning or applicability of the terms of an agency action.’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MEEKS OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 11, insert after ‘‘extent necessary’’ the following ‘‘, 

and except as otherwise provided in this section’’. 

Page 4, line 3, insert after the period at the end the following: 

SEC. 3. EXCEPTED RULES. 

Section 706 of title 5, United States Code, as amended by this 

Act, is further amended by adding at the end the following: 

‘‘(c) In the case of a rule made by the Secretary of Housing and 

Urban Development, to the extent necessary to decision and when 

presented, the reviewing court shall decide all relevant questions 

of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOHNSON

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 11, insert after ‘‘extent necessary’’ the following ‘‘, 

and except as otherwise provided in this section’’. 

Page 4, line 3, insert after the period at the end the following: 

SEC. 3. EXCEPTED RULES. 

Section 706 of title 5, United States Code, as amended by this 

Act, is further amended by adding at the end the following: 


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‘‘(c) In the case of a rule made pursuant to an explicit grant of 

authority in any statute, to the extent necessary to decision and 

when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and 

determine the meaning or applicability of the terms of an agency 

action.’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CICILLINE

OF RHODE ISLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 11, insert after ‘‘extent necessary’’ the following ‘‘, 

and except as otherwise provided in this section’’. 

Page 4, line 3, insert after the period at the end the following: 

SEC. 3. EXCEPTED RULES. 

Section 706 of title 5, United States Code, as amended by this 

Act, is further amended by adding at the end the following: 

‘‘(c) In the case of a rule made by the Commissioner of Food and 

Drugs of the Food and Drug Administration that pertains to consumer safety, to the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of 

law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.’’. 

Æ 


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