House Report 112-311 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 10) TO AMEND CHAPTER 8 OF TITLE 5, UNITED STATES CODE, TO PROVIDE THAT MAJOR RULES OF THE EXECUTIVE BRANCH SHALL HAVE NO FORCE OR EFFECT UNLESS A JOINT RESOLUTION OF APPROVAL IS ENACTED INTO LAW, AND FOR OTHER PURPOSES

[House Report 112-311]
[From the U.S. Government Publishing Office]

112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-311

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 10) TO AMEND CHAPTER 8 OF
TITLE 5, UNITED STATES CODE, TO PROVIDE THAT MAJOR RULES OF THE
EXECUTIVE BRANCH SHALL HAVE NO FORCE OR EFFECT UNLESS A JOINT
RESOLUTION OF APPROVAL IS ENACTED INTO LAW, AND FOR OTHER PURPOSES

_______

December 1, 2011.--Referred to the House Calendar and ordered to be
printed

_______

Mr. Nugent, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 479]

The Committee on Rules, having had under consideration
House Resolution 479, by a record vote of 6 to 4, 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. 10, the
Regulations From the Executive in Need of Scrutiny Act of 2011,
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 provides that the amendment in the
nature of a substitute recommended by the Committee on Rules
now printed in the bill, as modified by the amendment in part A
of this report, shall be considered as adopted. The resolution
provides that the bill, as amended, shall be considered as
original text for the purpose of further amendment and shall be
considered as read. The resolution waives all points of order
against provisions in the bill, as amended.
The resolution makes in order only those further amendments
printed in part B of 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 part B of
this report. The resolution provides one motion to recommit
with or without instructions.
Section 2 of the resolution provides that during any recess
or adjournment of not more than three days, if in the opinion
of the Speaker the public interest so warrants, then the
Speaker or his designee, after consultation with the Minority
Leader, may reconvene the House at a time other than that
previously appointed, within the limits of clause 4, section 5,
article I of the Constitution, and notify Members accordingly.
Section 3 of the resolution provides that clause 3 of rule
XXIX shall apply to the availability requirements for a
conference report and the accompanying joint statement under
clause 8(a)(1) of rule XXII.

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of
the bill, as modified, includes a waiver of section 306 of the
Congressional Budget Act, which prohibits consideration of
legislation within the Budget Committee's jurisdiction, unless
reported by the Budget Committee.
Although the resolution waives all points of order against
provisions in the bill, as amended, 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 part B of 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. 164

Motion by Ms. Slaughter to report an open rule. Defeated:
4-6.

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Nay Ms. Slaughter..................... Yea
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Nugent...................................... Nay Mr. Polis......................... Yea
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 165

Motion by Ms. Slaughter to strike amendment No. 6, offered
by Rep. Ryan, in part A of this report and make conforming
changes. Defeated: 4-6.

Rules Committee record vote No. 166

Motion by Mr. McGovern to add two sections to the rule. The
first section would require the Clerk of the House to notify
Members of the date and time at which a measure was made
publicly available. The second section would require the Clerk
to establish a procedure to notify Members whenever a measure
is made publicly available. Defeated: 4-6.

Rules Committee record vote No. 167

Motion by Mr. Sessions to report the rule. Adopted: 6-4.

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Yea Ms. Slaughter..................... Nay
Ms. Foxx........................................ Yea Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Nugent...................................... Yea Mr. Polis......................... Nay
Mr. Webster..................................... Yea
Mr. Dreier, Chairman............................ Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF AMENDMENT IN PART A CONSIDERED AS ADOPTED

Ryan, Paul (WI): Would amend section 257 of the Balanced
Budget and Emergency Deficit Control Act of 1985 in order to
assure that any costs associated with approving or disapproving
rules authorized by budget-related legislation are properly
accounted for under the Congressional Budget Process.

SUMMARY OF AMENDMENTS IN PART B MADE IN ORDER

1. Sessions (TX): Would require the agency submitting the
report on a proposed Federal rule to include an assessment, as
part of the cost-benefit analysis submitted to the Comptroller
General and each House of Congress, of anticipated jobs gained
or lost as a result of implementation, and to specify whether
those jobs will come from the public or private sector. (10
minutes)
2. Johnson, Hank (GA), Jackson Lee (TX), Hastings, Alcee
(FL): Would exempt any rule that the Office of Management and
Budget determines would result in net job creation. (10
minutes)
3. Schrader (OR): Would require a cost benefit analysis to
be included with reports to Congress and require agencies to
submit criteria for cost benefit analyses to Congress within 12
months of enactment. (10 minutes)
4. McKinley (WV): Would reduce the annual effect on the
economy of the term ``major rule'' from $100,000,000 or more to
$50,000,000 or more. (10 minutes)
5. McCarthy, Carolyn (NY): Would exempt any rule relating
to food safety, workplace safety, air quality, consumer product
safety, or water quality. (10 minutes)
6. Jackson Lee (TX): Would exempt all rules promulgated by
the Department of Homeland Security. (10 minutes)
7. Moore, Gwen (WI): Would exempt any rule relating to
veterans or veterans affairs. (10 minutes)

PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

At the end, add the following new section:

SEC. __. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5,
UNITED STATES CODE.

Section 257(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by adding at the end the
following new subparagraph:
``(E) Budgetary effects of rules subject to
section 802 of title 5, united states code.--
Any rules subject to the congressional approval
procedure set forth in section 802 of chapter 8
of title 5, United States Code, affecting
budget authority, outlays, or receipts shall be
assumed to be effective unless it is not
approved in accordance with such section.''.

PART B--TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Sessions of Texas or
His Designee, Debatable for 10 minutes

Page 25, line 18, insert ``, including an analysis of any
jobs added or lost, differentiating between public and private
sector jobs'' before the semicolon.
----------

2. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes

Page 45, line 22, insert after the first period the
following:

``Sec. 808. Exemption for certain rules

``Sections 801 through 807 of this chapter, as amended by the
Regulations from the Executive in Need of Scrutiny Act of 2011
shall not apply in the case of any rule that the Director of
the Office of Management and Budget determines will result in
net job creation. This chapter, as in effect before the
enactment of the Regulations from the Executive in Need of
Scrutiny Act of 2011, shall continue to apply, after such
enactment, to any such rule, as appropriate.''.
Page 24, in the matter preceding line 10, add after the item
relating to section 807 the following new item:

808. Exemption for certain rules.
----------

3. An Amendment To Be Offered by Representative Schrader of Oregon or
His Designee, Debatable for 10 Minutes

Page 25, line 9, strike ``and''.
Page 25, insert after line 9 the following (and redesignate
provisions accordingly):
``(v) a cost-benefit analysis of the
rule; and''.
Page 26, insert after line 11 the following:
``(D) Not later than the later of January 1,
2013 or the date that is 1 year after the date
of enactment of the Regulations from the
Executive in Need of Scrutiny Act of 2011, each
Federal agency shall submit to Congress
appropriate criteria for conducting cost-
benefit analyses under subparagraph (A)(v) for
each rule for which that agency may be required
to submit such an analysis.''.
----------

4. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee, Debatable for 10 Minutes

Page 42, line 23, strike ``$100,000,000'' and insert
``$50,000,000''.
----------

5. An Amendment To Be Offered by Representative McCarthy of New York or
Her Designee, Debatable for 10 Minutes

Page 45, line 22, strike the quotation marks and second
period.
Page 45, insert the following after line 22:

``Sec. 808. Exemption for certain rules

``Sections 801 through 807, as amended by the Regulations
From the Executive in Need of Scrutiny Act of 2011, shall not
apply in the case of any rule that relates to the safety of
food, the safety of the workplace, air quality, the safety of
consumer products, or water quality. The provisions of this
chapter, as in effect before the enactment of the Regulations
From the Executive in Need of Scrutiny Act of 2011, shall
continue to apply, after such enactment, to any rule described
in the preceding sentence.''.
Page 24, in the matter preceding line 10, add after the item
relating to section 807 the following new item:

``808. Exemption for certain rules.
____________________________________________________

6. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes

Page 45, line 22, insert after the first period the
following:

``Sec. 808. Exemption for certain rules

``Sections 801 through 807 of this chapter, as amended by the
Regulations from the Executive in Need of Scrutiny Act of 2011
shall not apply in the case of any rule made by the Secretary
of Homeland Security. This chapter, as in effect before the
enactment of the Regulations from the Executive in Need of
Scrutiny Act of 2011, shall continue to apply, after such
enactment, to any such rule, as appropriate.''.
Page 24, in the matter preceding line 10, add after the item
relating to section 807 the following new item:

808. Exemption for certain rules.
____________________________________________________

7. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes

Page 45, line 22, insert after the first period the
following:

``Sec. 808. Exemption for certain rules

``Sections 801 through 807 of this chapter, as amended by the
Regulations from the Executive in Need of Scrutiny Act of 2011
shall not apply in the case of any rule that relates to
veterans or veterans affairs. This chapter, as in effect before
the enactment of the Regulations from the Executive in Need of
Scrutiny Act of 2011, shall continue to apply, after such
enactment, to any such rule, as appropriate.''.
Page 24, in the matter preceding line 10, add after the item
relating to section 807 the following new item:

808. Exemption for certain rules.