[House Report 115-21]
[From the U.S. Government Publishing Office]


115th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {      115-21

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

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1004) TO AMEND CHAPTER 3 
     OF TITLE 5, UNITED STATES CODE, TO REQUIRE THE PUBLICATION OF 
  INFORMATION RELATING TO PENDING AGENCY REGULATORY ACTIONS, AND FOR 
OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1009) 
TO AMEND TITLE 44, UNITED STATES CODE, TO REQUIRE THE ADMINISTRATOR OF 
THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS TO REVIEW REGULATIONS, 
                         AND FOR OTHER PURPOSES

                                _______
                                

 February 28, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 156]

    The Committee on Rules, having had under consideration 
House Resolution 156, by a record vote of 7 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. 1004, the 
Regulatory Integrity Act of 2017, 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 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 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 resolution provides one 
motion to recommit with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 1009, the OIRA Insight, Reform, and Accountability Act, 
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 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 115-4 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 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 for one motion to recommit 
with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 1004, 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. 1004, 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. 1004 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. 1009 includes a waiver of the following:
     Section 302(f) of the Congressional Budget Act, 
which prohibits consideration of legislation providing new 
budget authority in excess of a 302(a) allocation of such 
authority;
     Section 303 of the Congressional Budget Act, which 
prohibits consideration of legislation providing new budget 
authority or a change in revenues for a fiscal year until the 
budget resolution for that year has been agreed to;
     Section 311 of the Congressional Budget Act, which 
prohibits consideration of legislation that would cause 
revenues to be less than the level of total revenues for the 
first fiscal year or for the total of that first fiscal year 
and the ensuing fiscal years for which allocations are 
provided;
     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. 1009 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 intends to submit the cost estimate for printing 
in the Congressional Record; and
     Clause 10 of rule XXI, which prohibits the 
consideration of a bill if it has the net effect of increasing 
mandatory spending over the five-year or ten-year period.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 1009 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. 1009 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. 26

    Motion by Ms. Slaughter to report open rules for H.R. 1004 
and H.R. 1009. Defeated: 3-7

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

Rules Committee record vote No. 27

    Motion by Mr. McGovern to strike the waiver of all points 
of order against consideration of H.R. 1009 which includes 
waivers of CUTGO, statutory pay-go, and sections 303 and 311 of 
the Congressional Budget Act. Defeated: 3-7

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

Rules Committee record vote No. 28

    Motion by Mr. Cole to report the rule. Adopted: 7-3

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

     SUMMARY OF THE AMENDMENTS TO H.R. 1004 IN PART A MADE IN ORDER

    1. Jackson Lee (TX): Clarifies the terms ``propaganda'', 
``publicity'', and ``advocacy'', within the rule's prohibited 
communications, to mean any information, statements or claims 
that are unsupported by science or empirical data. (10 minutes)
    2. Messer, Luke (IN): Requires the Executive agency to 
display a list of any regulatory actions that duplicate or 
overlap with agency regulatory action. (10 minutes)
    3. Jackson Lee (TX): Exempts from the rule's prohibited 
communications any communication that is protected under the 
First Amendment to the Constitution of the Unites States of 
America. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 1009 IN PART B MADE IN ORDER

    1. Mitchell (MI): MANAGER'S Makes technical changes to H.R. 
1009 to ensure consistency in dates and terms, require OIRA to 
review significant guidance, and prohibit the authorization of 
additional funds. (10 minutes)
    2. Buck (CO): Ensures that federal agencies engage their 
partners in state, local, and tribal government throughout the 
regulatory process. (10 minutes)
    3. Young, David (IA): Requires each agency to describe 
steps taken to determine a new rule or regulation is not 
duplicative or conflicting with any existing or planned 
regulatory action and to require agencies to maintain a list of 
active regulatory actions on website. (10 minutes)
    4. Meadows (NC): Requires OIRA to keep a log of the 
``consultation''--which is any communication that occurs about 
a specific regulation before the regulation is submitted for 
review--for each regulation and to publish a list of all the 
consultations when the regulation is published in the Federal 
Register. (10 minutes)
    5. Chaffetz (UT): Requires OIRA to maintain records on each 
significant regulatory action reviewed such that it is easily 
accessible to provide to Congress upon request. (10 minutes)
    6. Connolly (VA): Exempts independent agencies from the 
legislation. (10 minutes)

         PART A--TEXT OF AMENDMENTS TO H.R. 1004 MADE IN ORDER

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

  Page 3, after line 17, insert the following new paragraph 
(and redesignate subsequent paragraphs accordingly):
          ``(2) Propaganda; publicity; advocacy.--The terms 
        `propaganda', `publicity', and `advocacy' mean 
        information, statements, or claims (or using such 
        information, statement, or claim, as applicable) that--
                  ``(A) are not widely accepted in the 
                scientific community; or
                  ``(B) are beliefs or assertions that are 
                unsupported by science or empirical data.''.
                              ----------                              


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

  Page 4, line 24, strike ``; and'' and insert a semicolon.
  Page 5, line 2, strike the period at the end and insert ``; 
and''.
  Page 5, after line 2, insert the following new clause:
                          ``(v) if applicable, a list of agency 
                        regulatory actions issued by the 
                        Executive agency, or any other 
                        Executive agency, that duplicate or 
                        overlap with the agency regulatory 
                        action.''.
                              ----------                              


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

  Page 8, after line 12, insert the following new subsection:
  (c) Applicability.--Section 307 of title 5, United States 
Code, as added by subsection (a), does not apply to any 
communication that is protected under the First Amendment to 
the Constitution.
                              ----------                              


         PART B--TEXT OF AMENDMENTS TO H.R. 1009 MADE IN ORDER

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

  Page 7, line 2, strike ``Administrator shall work with 
interested'' and insert the following: ``head of each agency 
shall submit the program descriptions required in subparagraph 
(B) to the Administrator. The Administrator shall work with 
other interested''.
  Page 7, beginning on line 16, strike ``April 1 and October 
1'' and insert ``March 15 and September 15''.
  Page 8, beginning on line 17, strike ``analysis or 
quantification'' and insert ``clear summary''.
  Page 15, beginning on line 16, strike ``written request by 
the Administrator or the head of the agency. Such request shall 
be granted unless the nonrequesting party denies the request in 
writing within 5 days after receipt of the request for 
extension.'' and insert the following: ``mutual agreement of 
the Administrator and the head of the agency. For each 30 day 
extension, the Administrator shall make publicly available 
online a written explanation, including the reasons for the 
extension and an estimate of the expected conclusion date.''.
  Page 15, line 22, strike ``complete'' and insert 
``conclude''.
  Page 19, line 14, strike ``assess'' and insert ``review''.
  Page 20, line 7, strike ``and provide those written comments 
to the submitting agency''.
  Page 21, beginning on line 20, strike ``Within 24 hours after 
the conclusion of the OIRA review under this section, the head 
of the submitting agency shall provide the Administrator with'' 
and insert the following: ``As soon as practicable and before 
publication in the Federal Register of a significant regulatory 
action for which OIRA concluded review under this section, the 
head of the submitting agency shall make available to the 
Administrator''.
  Page 22, beginning on line 6, strike ``On the earlier of 3 
days after OIRA completes the review of any agency significant 
regulatory action under section 3523, the date on which such 
agency publishes the regulatory action in the Federal Register, 
or the date on which the agency announces'' and insert the 
following: ``On the earlier of the date on which an agency 
publishes a significant regulatory action reviewed under 
section 3523 in the Federal Register, the agency otherwise 
makes the significant regulatory action publicly available, or 
the agency announces''.
  Page 22, line 20, insert ``senior level officials at'' after 
``between''.
  Page 24, line 20, insert after ``Administrator'' the 
following: ``and a written explanation of the exemption, 
including the date of the decision and the reasons for 
exempting the specific statement, is made publically available 
online''.
  Page 25, strike lines 1 through 7 and insert the following:
          ``(20) the term `regulatory action' means--
                  ``(A) any substantive action by an agency 
                normally published in the Federal Register that 
                promulgates or is expected to lead to the 
                promulgation of a final regulation, including 
                notices of inquiry, advance notices of proposed 
                rulemaking, and notices of proposed rulemaking; 
                or
                  ``(B) any agency statement of general 
                applicability and future effect, other than a 
                substantive action described in subparagraph 
                (A), which sets forth a policy on a statutory, 
                regulatory, or technical issue or an 
                interpretation of a statutory or regulatory 
                issue;''.
  Page 26, insert after line 16 the following:
  (e) Effective Date.--Section 3524 of title 44, as added by 
subsection (a), shall take effect 120 days after the date of 
the enactment of this Act.

SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.

  No additional funds are authorized to carry out the 
requirements of this Act and the amendments made by this Act. 
Such requirements shall be carried out using amounts otherwise 
authorized.
                              ----------                              


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

  Page 2, line 19, strike ``and''.
  Page 2, line 22, strike ``entities.'' and insert ``entities; 
and''.
  Page 2, after line 22, insert the follow new subparagraph:
                  ``(D) the methods used to ensure agencies 
                coordinate with State, local, and Tribal 
                governments.''.
  Page 4, after line 14, insert the following new clause (and 
redesignate subsequent clauses accordingly):
                          ``(v) A summary of the agency's plan 
                        to coordinate with State, local, and 
                        Tribal governments throughout the 
                        regulatory process.''.
  Page 8, line 16, strike ``and''.
  Page 8, line 18, strike ``benefits.'' and insert ``benefits; 
and''.
  Page 8, after line 18, insert the following new clause:
                          ``(iii) efforts to coordinate with 
                        State, local, and Tribal 
                        governments.''.
  Page 9, line 23, insert ``and policies'' after regulations.
  Page 13, after line 14, insert the following new paragraph 
(and redesignate subsequent paragraphs accordingly):
          ``(6) An explanation of agency efforts to coordinate 
        with State, local, and Tribal governments throughout 
        the regulatory process.''.
  Page 18, line 4, strike ``appropriate'' and insert 
``impacted''.
                              ----------                              


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

  Page 4, after line 14, insert the following new clause (and 
redesignate the subsequent clauses accordingly):
                          ``(v) A description of any action 
                        taken by the agency to ensure that each 
                        planned significant regulatory action 
                        is not duplicative or conflicting with 
                        any other existing or planned 
                        regulatory action.''.
  Page 22, after line 21, insert the following new subsection 
(and redesignate the subsequent subsection accordingly):
  ``(b) Agency Disclosure.--Each agency that submits a 
significant regulatory actions to OIRA under section 3522 or 
3523 shall maintain on the website of the agency the following:
          ``(1) A list of each active regulatory action, 
        including the status of the regulatory action or a link 
        to each entry on the unified agenda.
          ``(2) The most recent regulatory plan of the agency.
          ``(3) A link to each record disclosed under 
        subsection (a).''.
                              ----------                              


   4. An Amendment To Be Offered by Representative Meadows of North 
           Carolina or His Designee, Debatable for 10 Minutes

  Page 12, line 8, insert after ``action.'' the following: 
``OIRA shall maintain a log of each agency consultation with 
OIRA before submitting the significant regulatory action for 
review under this section, including the date of the 
consultation, the name of each agency official involved with 
the consultation, and a description of the purpose of the 
consultation.''.
  Page 22, line 19, strike ``and''.
  Page 22, line 21, strike the period and insert ``; and''.
  Page 22, after line 21, insert the following new paragraph:
          ``(5) a list of each consultation described under 
        section 3523(b).''.
                              ----------                              


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

  Page 22, line 5, strike ``Public disclosure'' and insert 
``Disclosure''.
  Page 22, after line 24, insert the following new subsection:
  ``(c) Recordkeeping.--The Administrator shall ensure any 
record associated with a significant regulatory action 
submitted to OIRA under section 3522 or 3523 is easily 
accessible for a period of time consistent with approved 
records disposition schedules for the agency, in a manner that 
all records associated with a significant regulatory action can 
be promptly submitted to Congress upon request.''.

  Page 23, after line 4, strike the item relating to section 
3524 and insert the following new item:
``3524. Disclosure of regulatory review.''.
                              ----------                              


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

  Page 26, after line 16, insert the following new subsection:
  (e) Exemption for Independent Regulatory Agencies.--The 
provisions of sections 3522, 3523, and 3524 of title 44, United 
States Code, as added by subsection (a), do not apply to an 
independent establishment as defined in section 104 of title 5, 
United States Code.

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