H.Res. 796: H.R. 4768 – Separation of Powers Restoration Act of 2016

COMMITTEE ACTION: REPORTED BY A RECORD VOTE of 9-3 on Wednesday, June 22, 2016.

FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 230-168 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 232-168 on Tuesday, July 5, 2016.

MANAGERS: McGovern/Stivers

114th Congress

2nd Session

Rule

H.RES. 796

Report No. 114-641

 

 

H.R. 4768 - Separation of Powers Restoration Act of 2016

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
  3. Waives all points of order against consideration of the bill.
  4. 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.
  5. Waives all points of order against that amendment in the nature of a substitute.
  6. Makes in order only those further amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.
  7. Waives all points of order against the amendments printed in the report.
  8. Provides one motion to recommit with or without instructions.
  9. Section 2 of the rule provides for consideration of concurrent resolutions providing for adjournment during the month of July, 2016.
  10. Section 3 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.
  11. Section 4 provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 4.
  12. Section 5 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.

 

RESOLUTION

Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. It shall be in order without intervention of any point of order to consider concurrent resolutions providing for adjournment during the month of July, 2016.

Sec. 3. On any legislative day during the period from June 23, 2016, through July 4, 2016-

(a) the Journal of the proceedings of the previous day shall be considered as approved; and

(b) the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment. Sec. 4. The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 3 of this resolution as though under clause S(a) of rule I.

Sec. 5. 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 as though under clause 1 of rule XV. 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.

 

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Conyers (MI)

2

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)

5

Excludes cases where rules are issued by the Department of Homeland Security and pertain to matters of national security.

(10 minutes)

3. Meeks (NY)

7

Exempts from the bill rules issued by the Department of Housing and Urban Development.

(10 minutes)

4. Johnson, Hank (GA)

1

Exempts from the bill rules issued pursuant to an express grant of authority from Congress.

(10 minutes)

5. Cicilline (RI)

3

Preserves judicial deference to agency expertise during the review of consumer safety rules issues by the Commissioner of the Food and Drug Administration.

(10 minutes)