[House Report 114-421]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-421
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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
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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 amendments 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
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................ Nay Ms. Slaughter..... Yea
Mr. Cole........................ Nay Mr. McGovern...... Yea
Mr. Woodall..................... ........ Mr. Hastings of Yea
Florida.
Mr. Burgess..................... Nay Mr. Polis......... Yea
Mr. Stivers..................... Nay
Mr. Collins..................... Nay
Mr. Byrne....................... Nay
Mr. Newhouse.................... Nay
Mr. Sessions, Chairman.......... Nay
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SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. McMorris Rodgers (WA), Cardenas, Tony (CA): MANAGER'S
Ensures that businesses will not be penalized for inadvertent
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.'';
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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).
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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.
[all]