H. Res. 479: H.R. 10 - Regulations From the Executive in Need of Scrutiny (REINS) Act of 2011

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 6-4 on Thursday, December 1, 2011.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 235-180 AFTER AGREEING TO THE PREVIOUS QUESTION BY A RECORD VOTE OF 236-184 on December 6, 2011.

MANAGERS: Slaughter/Nugent

112th Congress 
1st Session

H.RES 479

[Report No. 112-311]

 

1. Structured rule. 

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

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

4. Provides that the amendment in the nature of a substitute recommended by the Committee on Rules now printed in the bill, as modified by the amendment in part A of the Rules Committee report, shall be considered as adopted.  Provides that the bill, as amended, shall be considered as original text for the purpose of further amendment and shall be considered as read.

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

6. Makes in order only those further amendments 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 question.

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

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

9. Provides that during any recess or adjournment of not more than three days, if in the opinion of the Speaker the public interest so warrants, then the Speaker or his designee, after consultation with the Minority Leader, may reconvene the House at a time other than that previously appointed, within the limits of clause 4, section 5, article I of the Constitution, and notify Members accordingly.

10. Provides that clause 3 of rule XXIX shall apply to the availability requirements for a conference report and the accompanying joint statement under clause 8(a)(1) of rule XXII.

RESOLUTION

Resolved, That at 1ny 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. 10) to amend Chapter 8 of title 5, United States Code, to provide that major rules of the executive branchshall have no force or effectunless a joint resolution of approval is enacted into law. 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 bills shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, the amendment in the nature of a substitute recommended by the Committee on Rules now printed in the bill; modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules. 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 pecified 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 consider of the bill for an:endment the Committee shall rise and report the bill, as amended to the House with such further amendments as may have been adopted. 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. 2. During any recess or adjournment of not more than three days, if in the opinion of the Speaker the public interest so warrants, then the Speaker or his designee, after consultation with the Minority Leader, may reconvene the House at a time other than that previously appointed, within the limits of of clause 4, section 5, article I of the Constitution, and notify Members accordingly.

Sec. 3. Clause 3 of rule XXIX shall apply to the availability requirements for a conference report and the accompanying joint statement under clause 8(a)(l) of rule XXII.

Summary of Amendments to be Considered as Adopted—Part A: 

(summaries derived from information provided by sponsors)

Sponsor

#

Description

1. Ryan, Paul (WI)

#6

Would amend section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 in order assure that any costs associated with approving or disapproving rules authorized by budget-related legislation are properly accounted for under the Congressional Budget Process.

 

Summary of Amendments to be Proposed to be Made In Order—Part B: 

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Sessions (TX)

#7

Would require 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)

2. Johnson, Hank (GA), Jackson Lee (TX), Hastings, Alcee (FL)

#8

Would exempt any rule that the Office of Management and Budget determines would result in net job creation.

 

(10 minutes)

3. Schrader (OR)

#11

(LATE) (REVISED) Would require a cost benefit analysis to be included with reports to Congress and require agencies to submit criteria for cost benefit analyses to Congress within 12 months of enactment.

 

(10 minutes)

4. McKinley (WV)

#3

Would reduce the annual effect on the economy of the term “major rule” from $100,000,000 or more to $50,000,000 or more.

 

(10 minutes)

5. McCarthy, Carolyn (NY)

#5

Would exempt any rule relating to food safety, workplace safety, air quality, consumer product safety, or water quality.

 

(10 minutes)

6. Jackson Lee (TX)

#2

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

 

(10 minutes)

7. Moore, Gwen (WI)

#4

Would exempt any rule relating to veterans or veterans affairs.

 

(10 minutes)