H. Res. 477: H.R. 3463 - To reduce Federal spending and the deficit by terminating taxpayer financing of presidential election campaigns and party conventions and by terminating the Election Assistance Commission; H.R. 527 - Regulatory Flexibility Improve

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 7-3 on Tuesday, November 29, 2011.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 239-178 AFTER AGREEING TO THE PREVIOUS QUESTION BY A RECORD VOTE OF 239-184 on November 30, 2011.

MANAGERS: McGovern/Woodall

112th Congress 
1st Session

H.RES 477

[Report No. 112-296]

 

H.R. 3463 - To reduce Federal spending and the deficit by terminating taxpayer financing of presidential election campaigns and party conventions and by terminating the Election Assistance Commission.

H.R. 527 - Regulatory Flexibility Improvements Act of 2011

H.R. 3010 - Regulatory Accountability Act of 2011

1. Closed rule for H.R. 3463.

2. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on House Administration.

3. Waives all points of order against consideration of the bill.

4. Provides that the bill shall be considered as read.

5. Waives all points of order against provisions in the bill.

6. Provides one motion to recommit.

7. Structured rule for H.R. 527.

8. 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.

9. Waives all points of order against consideration of the bill.

10. Makes in order as original text for the purpose of amendment the Rules Committee Print ofH.R. 527 dated November 18, 2011 and provides that it shall be considered as read.

11. Waives all points of order against the Rules Committee Print ofH.R. 527 dated November 18, 2011.

12. Makes in order only those amendments to H.R. 527 printed in part A of the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.

13. Waives all points of order against the amendments printed in part A of the Rules Committee report.

14. Provides one motion to recommit with or without instructions.

15. Structured rule for H.R. 3010.

16. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.

17. Waives all points of order against consideration of the bill.

18. Provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as original text for the purpose of amendment and shall be considered as read.

19. Waives all points of order against the amendment in the nature of a substitute.

20. Makes in order only those amendments to H.R. 3010 printed in part B of the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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 questi.on.

21. Waives all points of order against the amendments printed in part B of the Rules Committee report.

22. Provides one motion to recommit with or without instructions.

23. Provides that it shall be in order at any time through the legislative day of December 2, 2011, for the Speaker to entertain motions that the House suspend the rules relating to a measure addressing railway labor.

RESOLUTION

Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 3463) to reduce Federal spending and the deficit by terminating taxpayer financing of presidential election campaigns and party conventions and by terminating the Election Assistance Commission. All points of order against. consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and any amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on House Administration; and (2) one motion to recommit.

Sec. 2. At any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour, 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. After general debate the bill shall be considered for amendment under the five minute rule. In lieu of the amendments in the nature of a substitute recommended by the Committees on the Judiciary and Small Business now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five minute rule an amendment in the nature of a substitute consisting of the text of the Rules Committee Print dated November 18, 2011. That amendment in the nature of a substitute shall be. considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part A of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 3. At any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3010) to reform the process by which Federal agencies analyze and formulate new regulations and guidance documents. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 4. It shall be in order at any time through the legislative day of December 2, 2011, for the Speaker to entertain motions that the House suspend the rules, as though under clause 1(c) of rule XV, relating to a measure addressing railway labor.

SUMMARY OF AMENDMENTS IN PART A PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

# Description

Debate Time

1.) Critz (PA)

#3 (REVISED) Would require the estimated cumulative impact on small businesses of any other rule stemming from the implementation of the Free Trade Agreements.

(10 Minutes)

2.) Jackson Lee (TX)

#4 Would exempt all rules promulgated by the Department of Homeland Security.

(10 Minutes)

3.) Cohen (TN)

#5 (LATE) Would exempt from the bill any rule that relates to food safety, workplace safety, consumer products safety, air or water quality.

(10 Minutes)

4.) Peters (MI)

#6. (LATE) (REVISED) Would exempt from the bill all rules that OMB determines would result in net job creation.

(10 Minutes)

5.) Jackson Lee (TX)

#1 Would require a GAO report to determine the cost of carrying out the Act and the effect it will have on federal agency rule making. In addition, the report would need to contain information on the impact of repealing the ability of an agency to waive provisions in the Regulatory Flexibility Act when responding to an emergency.

(10 Minutes)

6.) Johnson, Hank (GA)

#2 Would create an exception for any rule making to carry out the FDA Food Safety Modernization Act.

(10 Minutes)

SUMMARY OF AMENDMENTS IN PART B PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors) 

Sponsor

# Description

Debate Time

1.) Moore, Gwen (WI)

#5 Would clarify that an agency shall take into account whether a problem disproportionately impacts certain vulnerable subpopulations (including veterans, lowincome individuals and families, and the elderly), and whether such an impact would be mitigated by new agency action.

(10 Minutes)

2.) Olson (TX)

#1 (REVISED) Would clarify that cumulative costs and benefits and estimated impacts on jobs shall include an estimate of the net gain or loss in domestic jobs.

(10 Minutes)

3.) Jackson Lee (TX)

#3 Would clarify that the agency would retain the discretion to determine whether to provide advanced notice, not later than 90 days, of a proposed rule prior it being published in
the Federal Register.

(10 Minutes)

4.) Jackson Lee (TX)

#2 Would strike a section of the Act, which would allow any member of the public to petition for a hearing to determine whether the proposed rule fails to comply with the Information Quality Act, if the sole purpose of the petition is to unduly delay the implementation of a rule.

(10 Minutes)

5.) Connolly (VA)

#6 Would clarify that regulations to protect public health and safety would not be blocked or repealed by H.R. 3010.

(10 Minutes)

6.) Nadler (NY)

#9 Would exempt from the Act actions by the Nuclear Regulatory Commission under the Atomic Energy Act.

(10 Minutes)

7.) Jackson Lee (TX)

#11 (LATE) Would exempt all rules promulgated by the Department of Homeland Security.

(10 Minutes)