[House Report 115-1]
[From the U.S. Government Publishing Office]


115th Congress    }                                           {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                           {   115-1

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

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 26) 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 PROVIDING FOR 
   CONSIDERATION OF THE RESOLUTION (H. RES. 11) OBJECTING TO UNITED 
  NATIONS SECURITY COUNCIL RESOLUTION 2334 AS AN OBSTACLE TO ISRAELI-
               PALESTINIAN PEACE, AND FOR OTHER PURPOSES

                                _______
                                

  January 4, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 22]

    The Committee on Rules, having had under consideration 
House Resolution 22, 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. 26, the 
Regulations From the Executive in Need of Scrutiny Act of 2017, 
under a structured rule. The resolution provides one hour of 
general debate equally divided and controlled by the Majority 
Leader and the Minority Leader or their respective designees. 
The resolution waives all points of order against consideration 
of the bill. The resolution provides that the bill shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill. The resolution makes in order 
only those 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 for consideration of 
H. Res. 11, Objecting to United Nations Security Council 
Resolution 2334 as an obstacle to Israeli-Palestinian peace, 
and for other purposes, under a closed rule. The resolution 
provides one hour of debate equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Foreign Affairs. The resolution waives all points of order 
against consideration of the resolution. The resolution 
provides that the resolution shall be considered as read and 
shall not be subject to a demand for the division of the 
question.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 26, 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 
provisions in H.R. 26, 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. 26 printed in this report, 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 
consideration of H. Res. 11, 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. 5

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #2 to H. Res. 11, offered by 
Rep. Price (NC) and Rep. Engel (NY) and Rep. Connolly (VA), 
which reaffirms the United States' long-standing support for a 
two-state solution to the Israeli-Palestinian conflict. 
Defeated: 2-9

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

Rules Committee record vote No. 6

    Motion by Mr. Polis to report an open rule for H.R. 26. 
Defeated: 2-9

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

           SUMMARY OF THE AMENDMENTS TO H.R. 26 MADE IN ORDER

    1. Goodlatte (VA): MANAGER'S Revises monetary threshold for 
identification of major rules to imposition on the economy of 
costs of $100 million or more per year, adjusted for inflation, 
to conform to monetary threshold in related legislation. (10 
minutes)
    2. Messer, Luke (IN): Requires each agency promulgating a 
new rule to identify and repeal or amend an existing rule or 
rules to completely offset any annual costs of the new rule to 
the United States economy. (10 minutes)
    3. Grijalva (AZ): Requires an accounting of the greenhouse 
gas emission impacts associated with a rule as well as an 
analysis of the impacts on low-income and rural communities. If 
the rule increases carbon dioxide by a certain amount or 
increases the risk of certain health impacts to low-income or 
rural communities, then the rule is defined as a major rule. 
(10 minutes)
    4. Castor (FL), Pallone (NJ): Ensures any rule that will 
result in reduced incidence of cancer, premature mortality, 
asthma attacks, or respiratory disease in children is not 
considered a ``major rule'' under the bill. (10 minutes)
    5. Cicilline (RI): Exempts rules pertaining to the 
protection of the public health or safety from the requirements 
of the Act. (10 minutes)
    6. Conyers (MI): Exempts rules that provide for reduction 
in the amount of lead in public drinking water. (10 minutes)
    7. Jackson Lee (TX): Expands the term ``special rule'' to 
include any safety product rule governing products used or 
consumed by children under 2 years of age. (10 minutes)
    8. Johnson, Hank (GA): Exempts rules that improve the 
employment, retention, and wages of workforce participants, 
especially those with significant barriers to employment. (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. (10 
minutes)
    10. Pallone (NJ): 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)
    11. Scott, Bobby (VA): Exempts from the definition of a 
``rule'' in the REINS Act of 2017 any rule that pertains to 
workplace health and safety made by the Occupational Safety and 
Health Administration or the Mine Safety and Health 
Administration that is necessary to prevent or reduce the 
incidence of traumatic injury, cancer or irreversible lung 
disease. (10 minutes)
    12. King, Steve (IA): Creates a process for Congress to 
review all rules currently in effect over a 10 year period. (10 
minutes)

              TEXT OF AMENDMENTS TO H.R. 26 MADE IN ORDER

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

  Subparagraph (A) of section 804(2) of title 5, United States 
Code, as proposed to be amended to read by section 3 of the 
bill, is amended to read as follows:

                  ``(A) an annual cost on the economy of 
                $100,000,000 or more, adjusted annually for 
                inflation;''.
                              ----------                              


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

  Section 801(a)(1)(A) of title 5, United States Code, as 
proposed to be amended by section 3 of the bill, is amended by 
inserting after ``the Federal agency promulgating such rule'' 
the following: ``shall satisfy the requirements of section 808 
and''.

  Chapter 8 of title 5, United States Code, as proposed to be 
amended by section 3 of the bill, is amended by adding at the 
end the following (and amending the table of sections 
accordingly):

``Sec. 808. Regulatory cut-go requirement

  ``In making any new rule, the agency making the rule shall 
identify a rule or rules that may be amended or repealed to 
completely offset any annual costs of the new rule to the 
United States economy. Before the new rule may take effect, the 
agency shall make each such repeal or amendment. In making such 
an amendment or repeal, the agency shall comply with the 
requirements of subchapter II of chapter 5, but the agency may 
consolidate proceedings under subchapter with proceedings on 
the new rule.''.
                              ----------                              


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

  In section 801(a)(1)(A)(iv), title 5, United States Code, as 
proposed to be amended by section 3 of the bill, strike ``and'' 
at the end.

  In section 801(a)(1)(A)(v), title 5, United States Code, as 
proposed to be amended by section 3 of the bill, strike the 
period at the end and insert a semicolon.

  Insert after section 801(a)(1)(A)(v), title 5, United States 
Code, as proposed to be amended by section 3 of the bill, the 
following:

                          (vi) recognizing that climate change 
                        is real and caused by human activity, 
                        an accounting of the greenhouse gas 
                        emission impacts associated with the 
                        rule; and
                          (vii) an analysis of the impacts of 
                        the rule on low-income communities and 
                        on rural communities.

  In section 804(2)(B), title 5, United States Code, as 
proposed to be amended by section 3 of the bill, strike ``and'' 
at the end.

  In section 804(2)(C), title 5, United States Code, as 
proposed to be amended by section 3 of the bill, strike the 
period at the end and insert a semicolon.

  Insert after section 804(2)(C), title 5, United States Code, 
as proposed to be amended by section 3 of the bill, the 
following:

                  ``(D) an increase of 25,000 metric tons of 
                carbon dioxide equivalent emissions per year or 
                more; or
                  ``(E) a potential increased risk to low 
                income or rural communities for--
                          ``(i) cancer;
                          ``(ii) birth defects;
                          ``(iii) kidney disease;
                          ``(iv) respiratory illness; or
                          ``(v) cardiovascular illness.''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Castor of Florida or 
                 Her Designee, Debatable for 10 Minutes

  In paragraph (2) of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, insert 
after ``means any rule'' the following: ``(other than a special 
rule)''.

  In paragraph (3) of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, insert 
before the period at the end the following: ``, and includes 
any special rule''.

  Add, at the end of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, the 
following:

          ``(6) The term `special rule' means any rule that 
        will result in reduced incidence of cancer, premature 
        mortality, asthma attacks, or respiratory disease in 
        children.''.
                              ----------                              


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

  In paragraph (2) of section 804, title 5, United States Code, 
as proposed to be amended to read by section 3 of the bill, 
insert after ``means any rule'' the following: ``(other than a 
special rule)''.

  In paragraph (3) of section 804, title 5, United States Code, 
as proposed to be amended to read by section 3 of the bill, 
insert before the period at the end the following: ``, and 
includes any special rule''.

  Add, at the end of section 804, title 5, United States Code, 
as proposed to be amended to read by section 3 of the bill, the 
following:

          ``(6) The term `special rule' means any rule relating 
        to the protection of the public health or safety.''.
                              ----------                              


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

  In paragraph (2) of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, insert 
after ``means any rule'' the following: ``(other than a special 
rule)''.

  In paragraph (3) of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, insert 
before the period at the end the following: ``, and includes 
any special rule''.

  Add, at the end of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, the 
following:

          ``(6) The term `special rule' means any rule that 
        would provide for a reduction in the amount of lead in 
        public drinking water.''.
                              ----------                              


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

  In paragraph (2) of section 804, title 5, United States Code, 
as proposed to be amended to read by section 3 of the bill, 
insert after ``means any rule'' the following: ``(other than a 
special rule)''.

  In paragraph (3) of section 804, title 5, United States Code, 
as proposed to be amended to read by section 3 of the bill, 
insert before the period at the end the following: ``, and 
includes any special rule''.

  Add, at the end of section 804, title 5, United States Code, 
as proposed to be amended to read by section 3 of the bill, 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 Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

  In paragraph (2) of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, insert 
after ``means any rule'' the following: ``(other than a special 
rule)''.

  In paragraph (3) of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, insert 
before the period at the end the following: ``, and includes 
any special rule''.

  Add, at the end of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, the 
following:

          ``(6) The term `special rule' means any rule that 
        pertains to improving employment, retention, and 
        earnings of workforce participants, especially those 
        participants with significant barriers to 
        employment.''.
                              ----------                              


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

  In paragraph (2) of section 804, title 5, United States Code, 
as proposed to be amended to read by section 3 of the bill, 
insert after ``means any rule'' the following: ``(other than a 
special rule)''.

  In paragraph (3) of section 804, title 5, United States Code, 
as proposed to be amended to read by section 3 of the bill, 
insert before the period at the end the following: ``, and 
includes any special rule''.

  Add, at the end of section 804, title 5, United States Code, 
as proposed to be amended to read by section 3 of the bill, the 
following:

          ``(6) The term `special rule' means any rule 
        pertaining to nuclear reactor safety standards.''.
                              ----------                              


  10. An Amendment To Be Offered by Representative Pallone Jr. of New 
            Jersey or His Designee, Debatable for 10 Minutes

  In paragraph (2) of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, insert 
after ``means any rule'' the following: ``(other than a special 
rule)''.

  In paragraph (3) of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, insert 
before the period at the end the following: ``, and includes 
any special rule''.

  Add, at the end of section 804, title 5, United States Code, 
as proposed to be amended by section 3 of the bill, the 
following:

          ``(6) The term `special rule' means 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 pipeline.''.
                              ----------                              


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

  Section 804(4) of title 5, United States Code, as proposed to 
be amended to read by section 3 of the bill, is amended in 
subparagraph (B), by striking ``or'' at the end.

  Section 804(4) of title 5, United States Code, as proposed to 
be amended to read by section 3 of the bill, is amended in 
subparagraph (C), by striking the period at the end and 
inserting ``; or''.

  Section 804(4) of title 5, United States Code, as proposed to 
be amended to read by section 3 of the bill, is amended by 
adding at the end the following:

                  ``(D) any rule that pertains to workplace 
                health and safety made by the Occupational 
                Safety and Health Administration or the Mine 
                Safety and Health Administration that is 
                necessary to prevent or reduce the incidence of 
                traumatic injury, cancer or irreversible lung 
                disease.''.
                              ----------                              


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

  Chapter 8 of title 5, United States Code, as proposed to be 
amended by section 3 of the bill, is amended by adding at the 
end the following (and conforming the table of sections 
accordingly):

``Sec. 808. Review of rules currently in effect

  ``(a) Annual Review.--Beginning on the date that is 6 months 
after the date of enactment of this section and annually 
thereafter for the 9 years following, each agency shall 
designate not less than 10 percent of eligible rules made by 
that agency for review, and shall submit a report including 
each such eligible rule in the same manner as a report under 
section 801(a)(1). Section 801, section 802, and section 803 
shall apply to each such rule, subject to subsection (c) of 
this section. No eligible rule previously designated may be 
designated again.
  ``(b) Sunset for Eligible Rules Not Extended.--Beginning 
after the date that is 10 years after the date of enactment of 
this section, if Congress has not enacted a joint resolution of 
approval for that eligible rule, that eligible rule shall not 
continue in effect.
  ``(c) Consolidation; Severability.--In applying sections 801, 
802, and 803 to eligible rules under this section, the 
following shall apply:
          ``(1) The words `take effect' shall be read as 
        `continue in effect'.
          ``(2) Except as provided in paragraph (3), a single 
        joint resolution of approval shall apply to all 
        eligible rules in a report designated for a year, and 
        the matter after the resolving clause of that joint 
        resolution is as follows: `That Congress approves the 
        rules submitted by the __ for the year __.' (The blank 
        spaces being appropriately filled in).
          ``(3) It shall be in order to consider any amendment 
        that provides for specific conditions on which the 
        approval of a particular eligible rule included in the 
        joint resolution is contingent.
          ``(4) A member of either House may move that a 
        separate joint resolution be required for a specified 
        rule.
  ``(d) Definition.--In this section, the term `eligible rule' 
means a rule that is in effect as of the date of enactment of 
this section.''.