[House Report 114-230]
[From the U.S. Government Publishing Office]


114th Congress   }                                       {      Report

                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {     114-230

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

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 427) 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; PROVIDING FOR PROCEEDINGS 
 DURING THE PERIOD FROM JULY 30, 2015, THROUGH SEPTEMBER 7, 2015; AND 
                           FOR OTHER PURPOSES

                                _______
                                

   July 27, 2015.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 380]

    The Committee on Rules, having had under consideration 
House Resolution 380, by a record vote of 8 to 3, 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. 427, the 
Regulations From the Executive in Need of Scrutiny 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 the Judiciary. 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 the Judiciary now 
printed in the bill modified by the amendment printed in part A 
of this report, 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 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 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 on any 
legislative day during the period from July 30, 2015 through 
September 7, 2015: 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 of the resolution 
as though under clause 8(a) of rule I.
    Section 4 of the resolution provides that each day during 
the period addressed by section 2 of the resolution shall not 
constitute a calendar day for purposes of section 7 of the War 
Powers Resolution (50 U.S.C. 1546).
    Section 5 of the resolution provides that each day during 
the period addressed by section 2 of the resolution shall not 
constitute a legislative day for purposes of clause 7 of rule 
XIII (resolutions of inquiry).
    Section 6 of the resolution provides that it shall be in 
order at any time on the legislative day of July 30, 2015, for 
the Speaker to entertain motions that the House suspend the 
rules as though under clause 1 of rule XV, 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.
    Section 7 of the resolution waives the requirement of 
clause 6(a) of rule XIII for a two-thirds vote to consider a 
report from the Committee on Rules on the same day it is 
presented to the House with respect to any resolution reported 
through the legislative day of July 30, 2015.
    Section 8 of the resolution addresses access to the House 
Chamber for the joint meeting to be held on September 24, 2015. 
Traditionally, those persons who are granted floor privileges 
under rule IV of the rules of the House have been allowed to 
attend joint meetings in the House chamber. This section is 
necessary because there are concerns that attendance at the 
joint meeting for Pope Francis on September 24, 2015 will 
exceed the capacity of the chamber to hold a safe and dignified 
event.

                         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 the 
Judiciary 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 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. 93

    Motion by Mr. Woodall to report the rule. Adopted: 8-3

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

        SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED

    Sessions (TX): Makes a technical improvement to the bill.

           SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

    1. Young, David (IA): Would require agencies to publish in 
the federal register a list of information on which a rule is 
based, including data, scientific and economic studies, and 
cost-benefit analyses, and where the public can access it 
online. (10 minutes)
    2. Smith, Jason (MO): Requires congressional approval for 
all rules proposed under the authority of the Affordable Care 
Act. (10 minutes)
    3. Sessions (TX), Davis, Rodney (IL), Wenstrup (OH), Barr, 
(KY): Requires 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)
    4. Johnson, Hank (GA): Adds an exception to the bill for 
rules that the Administrator of the Office of Management and 
Budget determines would result in net job growth. (10 minutes)
    5. Capps (CA): Ensures that any rule intended to ensure the 
safety of natural gas or hazardous materials pipelines or 
prevent, mitigate, or reduce the impact of spills from such 
pipelines is not considered a ``major rule'' under the bill. 
(10 minutes)
    6. Cicilline (RI): Exempts rules pertaining to the 
protection of the public health or safety from the requirements 
of the Act. (10 minutes)
    7. Jackson Lee (TX): Provides a ``special rule'' pertaining 
to the safety of any products specifically designed to be used 
or consumed by a child under the age of 2 years (including 
cribs, car seats, and infant formula). (10 minutes)
    8. Moore, Gwen (WI): Exempts rules issued by the Consumer 
Financial Protection Bureau from the requirements of the bill. 
(10 minutes)
    9. Nadler (NY): Exempts from the bill's congressional 
approval requirement any rule pertaining to nuclear reactor 
safety standards in order to prevent nuclear meltdowns like the 
one in Fukushima. (10 minutes)
    10. Pocan (WI), Moore, Gwen (WI): Exempts the Department of 
Veterans Affairs from the requirements of this legislation, in 
regards to rulemaking for the availability of affordable 
medication and effective healthcare management for veterans. 
(10 minutes)

            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  Page 15, line 1, strike ``(b)(1) A joint resolution'' and 
insert the following: ``(b) A joint resolution''.
  Page 15, strike lines 4 through 9.

                PART B--TEXT OF AMENDMENTS MADE IN ORDER

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

  Page 4, line 3, insert after ``shall'' the following: 
``publish in the Federal Register a list of information on 
which the rule is based, including data, scientific and 
economic studies, and cost-benefit analyses, and identify how 
the public can access such information online, and shall''.
                              ----------                              


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

  Page 4, beginning on line 12, strike ``sections 804(2)(A), 
804(2)(B), and 804(2)(C)'' and insert ``clauses (i) through 
(iii) of section 804(2)(A) or within section 804(2)(B)''.
  Page 18, beginning on line 11, strike ``the Administrator'', 
and insert ``--''
                  ``(A) the Administrator''.
  Page 18, line 15, by redesignating subparagraph (A) as clause 
(i).
  Page 18, line 17, by redesignating subparagraph (B) as clause 
(ii).
  Page 18, line 21, by redesignating subparagraph (C) as clause 
(iii).
  Page 18, line 25, strike the period at the end and insert ``; 
or''.
  Page 18, insert after line 25 the following:
                  ``(B) is made under the Patient Protection 
                and Affordable Care Act (Pub. Law 111-148).''.
                              ----------                              


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

  Page 4, line 24, insert before the semicolon the following: 
``, including an analysis of any jobs added or lost, 
differentiating between public and private sector jobs''.
                              ----------                              


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

  Page 18, line 10, insert after ``means any rule'' the 
following: ``(other than a special rule)''.
  Page 19, line 2, insert before the period at the end the 
following: ``, and includes any special rule''.
  Page 20, after line 8, insert the following:
          ``(6) The term `special rule' means any rule that the 
        Administrator of the Office of Information and 
        Regulatory Affairs of the Office of Management and 
        Budget determines would result in net job growth.''.
                              ----------                              


5. An Amendment To Be Offered by Representative Capps of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 18, line 10, insert after ``any rule'' the following: 
``(other than a special rule)''.
  Page 19, line 2, insert before the period at the end the 
following: ``, and includes a special rule''.
  Page 20, insert after line 8 the following:
          ``(6) The term `special rule' means any rule intended 
        to ensure the safety of natural gas or hazardous 
        material pipelines or prevent, mitigate, or reduce the 
        impact of spills from such pipelines.''.
                              ----------                              


  6. An Amendment To Be Offered by Representative Cicilline of Rhode 
            Island or His Designee, Debatable for 10 Minutes

  Page 18, line 10, insert after ``means any rule'' the 
following: ``(other than a special rule)''.
  Page 19, line 2, insert before the period at the end the 
following: ``, and includes any special rule''.
  Page 20, after line 8, insert the following:
          ``(6) The term `special rule' means any rule relating 
        to protection of the public health or safety.''.
                              ----------                              


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

  Page 18, line 10, insert after ``any rule'' the following: 
``(other than a special rule)''.
  Page 19, line 2, insert before the period at the end the 
following: ``, and includes a special rule''.
  Page 20, insert after line 8 the following:
          ``(6) The term `special rule' means any rule that 
        pertains to the safety of any products specifically 
        designed to be used or consumed by a child under the 
        age of 2 years (including cribs, car seats, and infant 
        formula).''.
                              ----------                              


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

  Page 18, line 10, insert after ``any rule'' the following: 
``(other than a special rule)''.
  Page 19, line 2, insert before the period at the end the 
following: ``, and includes a special rule''.
  Page 20, insert after line 8 the following:
          ``(6) The term `special rule' means any rule made by 
        the Director of the Consumer Financial Protection 
        Bureau.''.
                              ----------                              


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

  Page 18, line 10, insert after ``any rule'' the following: 
``(other than a special rule)''.
  Page 19, line 2, insert before the period at the end the 
following: ``, and includes a special rule''.
  Page 20, insert after line 8 the following:
          ``(6) The term `special rule' means any rule 
        pertaining to nuclear reactor safety standards.''.
                              ----------                              


10. An Amendment To Be Offered by Representative Pocan of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  Page 18, line 10, insert after ``any rule'' the following: 
``(other than a special rule)''.
  Page 19, line 2, insert before the period at the end the 
following: ``, and includes a special rule''.
  Page 20, insert after line 8 the following:
          ``(6) The term `special rule' means any rule that 
        ensures the availability of affordable medication and 
        effective healthcare management for veterans.''.

                                  [all]