59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–666 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4361) TO AMEND SECTION 3554 OF TITLE 44, UNITED STATES CODE, TO PROVIDE FOR ENHANCED SECURITY OF FEDERAL INFORMATION SYSTEMS, AND FOR 

OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF MOTIONS 

TO SUSPEND THE RULES 

JULY 5, 2016.—Referred to the House Calendar and ordered to be printed 

Mr. WOODALL, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 803] 

The Committee on Rules, having had under consideration House 

Resolution 803, by a record vote of 8 to 1, 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. 4361, the Federal Information Systems Safeguards 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 purpose 

of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114–59 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. 


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Section 2 of the resolution provides that it shall be in order at 

any time on the legislative day of July 7, 2016, or July 8, 2016, for 

the Speaker to entertain motions that the House suspend the rules 

relating to a measure addressing the Federal Aviation Administration. 

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 Oversight and Government Reform 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. 

The waiver of all points of order against the amendment in the 

nature of a substitute made in order as original text includes a 

waiver of clause 7 of rule XVI, which requires that no motion or 

proposition on a subject different from that under consideration 

shall be admitted under color of amendment. 

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. 197 

Motion by Mr. Cole to report the rule. Adopted: 8–1 

Majority Members Vote Minority Members Vote 

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

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

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

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

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

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

Mr. Byrne .......................................................... ...................

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

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

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Palmer (AL): MANAGER’S Makes technical and conforming 

changes to the bill. (10 minutes) 

2. Posey (FL): Establishes that no agency employee when acting 

in their official capacity shall be permitted to establish, operate, 

maintain, or otherwise permit the use of information technology 

not certified by the Agency’s Chief Information Officer as in compliance with the established information security protocols. (10 minutes) 


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3. Norton (DC): Strikes sections that extend probationary periods, modifies suspension and termination procedures, forced mandatory leave provisions, and others. (10 minutes) 

4. Watson Coleman (NJ): Strikes the requirement that agencies 

include a description and square footage of rooms used for official 

time. (10 minutes) 

5. Watson Coleman (NJ): Exempts from the midnight rules moratorium any rule that has been included in the Unified Regulatory 

Agenda for at least one year. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PALMER OF

ALABAMA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 25, line 4, strike ‘‘sections 603 and 604’’ and insert ‘‘sections 

602 and 603’’. 

Page 25, line 22, strike ‘‘Section 602’’ and insert ‘‘Section 601’’. 

Page 26, line 9, strike ‘‘Section 602’’ and insert ‘‘Section 601’’. 

Page 26, line 19, strike ‘‘Section 602’’ and insert ‘‘Section 601’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POSEY OF

FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 2, after line 13, insert the following new subsection: 

(b) INFORMATION SECURITY PROTOCOL.—An agency employee acting in the official capacity of the employee (other than the head of 

the agency) may not establish, operate, maintain, or otherwise permit the use of information technology that is not certified by the 

appropriate Federal entity responsible for information security 

within the agency (either the Director of the Office of Management 

and Budget, the head of the agency, the Secretary of Homeland Security, or the Chief Information Officer of the agency, as applicable) 

as in compliance with the established information security policies, 

procedures, and programs. 

Page 2, line 14, strike ‘‘(b)’’ and insert ‘‘(c)’’. 

3. AN AMENDMENT TO BE OFFERED BY DELEGATE NORTON OF DISTRICT OF COLUMBIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike sections 402, 405(b), 406, 407, and 408. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATSON

COLEMAN OF NEW JERSEY OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 23, strike lines 18 through 21. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATSON

COLEMAN OF NEW JERSEY OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 26, after line 23, insert the following new subsection: 


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(c) REGULATORY FLEXIBILITY AGENDA EXCEPTION.—Section 601 

shall not apply to a midnight rule that is published in the regulatory flexibility agenda pursuant to section 602 of title 5, United 

States Code, and that has been included in the Unified Regulatory 

Agenda submitted pursuant to Executive Order 12886 (5 U.S.C. 

601 note; relating to regulatory planning and review) for at least 

one year. 

Æ 


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