[House Report 114-14]
[From the U.S. Government Publishing Office]


114th Congress    }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {        114-14

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 527) TO AMEND CHAPTER 6 
   OF TITLE 5, UNITED STATES CODE (COMMONLY KNOWN AS THE REGULATORY 
 FLEXIBILITY ACT), TO ENSURE COMPLETE ANALYSIS OF POTENTIAL IMPACTS ON 
  SMALL ENTITIES OF RULES, AND FOR OTHER PURPOSES, AND PROVIDING FOR 
     CONSIDERATION OF THE BILL (H.R. 50) TO PROVIDE FOR ADDITIONAL 
  SAFEGUARDS WITH RESPECT TO IMPOSING FEDERAL MANDATES, AND FOR OTHER 
                                PURPOSES

                                _______
                                

  February 3, 2015.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Ms. Foxx, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 78]

    The Committee on Rules, having had under consideration 
House Resolution 78, by a record vote of 6 to 2, 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. 527, the 
Small Business Regulatory Flexibility Improvements Act of 2015, 
under a structured rule. The resolution provides one hour of 
general debate, with 40 minutes equally divided and controlled 
by the chair and ranking minority member of the Committee on 
the Judiciary and 20 minutes equally divided and controlled by 
the chair and ranking minority member of the Committee on Small 
Business. 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 an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 114-3 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 part A 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 A of this report. 
The rule provides one motion to recommit with or without 
instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 50, the Unfunded Mandates Information and Transparency 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 Oversight 
and Government Reform. The resolution waives all points of 
order against consideration of the bill. The resolution 
provides that an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 114-4, modified 
by the amendment printed in part B of this report, shall be 
considered as adopted, and the bill, as amended, 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 C 
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 C of this report. 
The resolution provides one motion to recommit with or without 
instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 527 includes a waiver of the following:
           Clause 3(d)(1) of rule XIII, which requires 
        the inclusion of a committee cost estimate. It is 
        important to note that while a Congressional Budget 
        Office (CBO) cost estimate on H.R. 527 was not 
        available at the time the Committee on the Judiciary 
        filed its report, a CBO cost estimate has since been 
        made publicly available. Additionally, the Committee on 
        the Judiciary intends to submit the cost estimate for 
        printing in the Congressional Record; and
           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.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 527 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 to H.R. 527 printed in part A of this report, 
the Committee is not aware of any points of order. The waiver 
is prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 50 includes waivers of the following:
           Clause 3(d)(1) of rule XIII, which requires 
        the inclusion of a committee cost estimate. It is 
        important to note that while a Congressional Budget 
        Office (CBO) cost estimate on H.R. 50 was not available 
        at the time the Committee on Oversight and Government 
        Reform filed its report, a CBO cost estimate has since 
        been made publicly available. Additionally, the 
        Committee on Oversight and Government Reform intends to 
        submit the cost estimate for printing in the 
        Congressional Record; and
           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;
           Section 303 of the Congressional Budget Act, 
        prohibiting consideration of legislation, as reported, 
        providing new budget authority, change in revenues, 
        change in public debt, new entitlement authority or new 
        credit authority for a fiscal year until the budget 
        resolution for that year has been agreed to.
    Although the resolution waives all points of order against 
provisions in H.R. 50, 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 to H.R. 50 printed in part C of this report, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    The waiver of clause 3(e)(1) of rule XIII (known as the 
``Ramseyer'' rule) is provided for both measures because the 
submission provided by the committees 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.

                            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. 21

    Motion by Mr. McGovern to report open rules for H.R 527 and 
H.R. 50. Defeated: 2-6

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................  ............
Mr. Cole........................................  ............  Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................  ............
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 22

    Motion by Ms. Foxx to report the rule. Adopted: 6-2

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................  ............
Mr. Cole........................................  ............  Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................  ............
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

      SUMMARY OF THE AMENDMENTS TO HR. 527 IN PART A MADE IN ORDER

    1. Peters, Scott (CA), Chabot (OH): Adds to the bill's 
Regulatory Flexibility Act exemption for veterans rights-and-
benefits rules an exemption for rules pertaining to 
servicemembers and predatory lending. The amendment also 
effectuates limited technical amendments to the bill. (10 
minutes)
    2. Nadler (NY): Requires analysis of indirect benefits 
along with the analysis of indirect costs required under the 
bill. (10 minutes)
    3. Conyers (MI): Strikes section 5 of the bill. (10 
minutes)
    4. Schrader (OR): Strikes section 10 of the legislation, 
which creates a duplicative size standard office in the Office 
of Advocacy without a commensurate reduction in the existing 
SBA Office of Size Standards. (10 minutes)
    5. Johnson, Hank (GA): Exempts from the bill any rule that 
the Office of Management and Budget determines would result in 
net job creation. (10 minutes)
    6. Jackson Lee (TX): Exempts from the bill all regulations 
issued by the Food and Drug Administration relating to consumer 
safety, including those issued pursuant to the FDA Food Safety 
Modernization Act. (10 minutes)

  SUMMARY OF THE AMENDMENT TO H.R. 50 IN PART B CONSIDERED AS ADOPTED

    Foxx (NC): Limits the total budget authority which the 
Consumer Financial Protection Bureau may request from the 
Federal Reserve to $550 million in FY 2016. This limitation is 
needed to ensure that the CFPB will comply with the 
requirements contained elsewhere within HR 50 without 
increasing their drawdown of funds from the federal reserve, 
which would otherwise add a direct spending cost to the bill. 
The limitation is set at $36 million below the CBO baseline 
projection for CFPB Budget Authority in FY 2016.

      SUMMARY OF THE AMENDMENTS TO H.R. 50 IN PART C MADE IN ORDER

    1. Reed (NY): Requires an assessment of the effects that a 
proposed or final rule are expected to have on private property 
owners, including the use and value of affected property. (10 
minutes)
    2. Cummings (MD): Strikes section 12 of the bill which 
would require Federal agencies to conduct a retrospective cost-
benefit analysis of any regulation at the request of the 
Chairman or Ranking Member of a Congressional Committee. (10 
minutes)
    3. Connolly (VA): Provides that in the event that the 
average annual rate of real gross domestic product (GDP) growth 
remains below 5 percent over the first four calendar quarters 
occurring after the date of enactment of H.R. 50, then the 
amendments made by H.R. 50 are repealed. (10 minutes)

          PART A--TEXT OF AMENDMENTS TO H.R. 527 MADE IN ORDER

1. An Amendment To Be Offered by Representative Peters of California or 
                 His Designee, Debatable for 10 Minutes

  Page 1, line 11, strike ``a rule'' and all that follows 
through ``a rule'' on line 13 and insert the following: ``--
                  ``(A) a rule pertaining to the protection of 
                the rights of and benefits for veterans or part 
                232 of title 32 of the Code of Federal 
                Regulations (as in effect on July 1, 2014) or 
                any successor provisions thereto; or
                  ``(B) a rule''.
  Page 11, insert after line 14 (and redesignate succeeding 
subparagraphs accordingly) the following:
                  (C) in the first paragraph (6), by striking 
                ``; and'' at the end;
  Page 13, line 21, insert after ``Section 608'' the following: 
``of title 5, United States Code,''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Nadler of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 10, beginning on line 6, strike ``describing the 
objectives of, and legal basis for, the proposed rule'' and 
insert ``describing the objectives of the proposed rule, 
including any direct benefits of the proposed rule and any 
indirect benefits of the proposed rule that are reasonably 
foreseeable''.
  Page 10, after line 7, insert the following (and redesignate 
provisions accordingly):
          ``(3) describing the legal basis for the proposed 
        rule;''.
  Page 11, after line 8, insert the following (and redesignate 
provisions accordingly):
                  (A) in paragraph (1), to read as follows:
          ``(1) a statement describing the objectives of the 
        rule, including any direct benefits of the rule and any 
        indirect benefits of the rule that are reasonably 
        foreseeable;''.
                              ----------                              


    3. An Amendment To Be Offered by Representative Conyers, Jr. of 
           Michigan or His Designee, Debatable for 10 Minutes

  Beginning on page 13, line 18, strike section 5 (and 
redesignate provisions accordingly).
                              ----------                              


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

  Page 26, beginning on line 9, strike section 10, and 
redesignate succeeding sections accordingly.
                              ----------                              


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

  Add, at the end of the bill, the following:

SEC. 14. EFFECTIVE DATE.

  (a) In General.--Except as provided in subsection (b), the 
provisions of this Act and the amendments made by this Act 
shall take effect on the date of enactment of this Act.
  (b) Exception.--In the case of any rule that the Director of 
the Office of Management and Budget determines would result in 
net job creation, the amendments made by this Act shall not 
take effect, and the provisions of law amended, as in effect on 
the day prior to the effective date of this Act, shall remain 
in effect.
                              ----------                              


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

  Add, at the end of the bill, the following:

SEC. 14. EFFECTIVE DATE.

  (a) In General.--Except as provided in subsection (b), the 
provisions of this Act and the amendments made by this Act 
shall take effect on the date of enactment of this Act.
  (b) Exception.--In the case of a rule proposed, issued, or 
made by the Food and Drug Administration relating to consumer 
safety, including any rule made under the FDA Food Safety 
Modernization Act, the amendments made by this Act shall not 
take effect, and the provisions of law amended, as in effect on 
the day prior to the effective date of this Act, shall remain 
in effect.

       PART B--TEXT OF AMENDMENT TO H.R. 50 CONSIDERED AS ADOPTED

  Add at the end the following:

SEC. 14. BUREAU FUNDING AUTHORITY.

  The Director of the Bureau of Consumer Financial Protection 
may not request, under section 1017 of the Consumer Financial 
Protection Act of 2010, during fiscal year 2016 an amount that 
would result in the total amount requested by the Director 
during that fiscal year to exceed $550,000,000.

          PART C--TEXT OF AMENDMENTS TO H.R. 50 MADE IN ORDER

1. An Amendment To Be Offered by Representative Reed of New York or His 
                   Designee, Debatable for 10 Minutes

  Page 2, line 1, insert ``private property owners,'' after 
``small businesses,''.
  Page 10, line 24, strike the closing quotation marks and 
second period.
  Page 10, after line 24, add the following:
          ``(8) An assessment of the effects that the proposed 
        rulemaking or final rule are expected to have on 
        private property owners, including the use and value of 
        affected property.''.
                              ----------                              


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

  Strike section 12.
                              ----------                              


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

  At the end of the bill, add the following new section:

SEC. 14. SUNSET OF UNFUNDED MANDATES REFORM ACT AND CONGRESSIONAL 
                    BUDGET ACT AMENDMENTS IF GDP GROWTH FAILS TO 
                    INCREASE AT AVERAGE ANNUAL RATE OF 5 PERCENT OR 
                    MORE.

  (a) Sunset.--If the real gross domestic product of the United 
States fails to increase at an average annual rate of 5 percent 
or more for the first 4 calendar quarters occurring after the 
date of the enactment of this Act, as determined under 
subsection (b), then the amendments made by this Act to the 
Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2 
U.S.C. 1511 et seq.) and the Congressional Budget Act of 1974 
(2 U.S.C. 602 et seq.) are repealed.
  (b) Determination of Growth of GDP.--For purposes of 
subsection (a), the Director of the Office of Management and 
Budget shall--
          (1) calculate the average annual rate of growth of 
        the real gross domestic product for the first 4 
        calendar quarters occurring after the date of the 
        enactment of this Act; and
          (2) submit to Congress a report containing such 
        calculation and such other information as the Director 
        considers appropriate, not later than 30 days after the 
        end of the 4th calendar quarter occurring after such 
        date of enactment.

                                  [all]