H.Res. 322: H.R. 367- Regulations From the Executive in Need of Scrutiny Act of 2013; H.R. 2009- Keep the IRS Off Your Health Care Act of 2013; H.R. 2879 - Stop Government Abuse Act

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 9-3 on Wednesday, July 31, 2013.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 223-189 AFTER AGREEING TO THE PREVIOUS QUESTION BY A RECORD VOTE OF 222-191 on Thursday, August 1, 2013. 

MANAGERS: Slaughter/Cole

113th Congress
1st Session

Rule

H.RES. 322

Report No. 113-187

 

 

H.R. 367- Regulations From the Executive in Need of Scrutiny Act of 2013

H.R. 2009- Keep the IRS Off Your Health Care Act of 2013

H.R. 2879 - Stop Government Abuse Act

  1. Structured rule for H.R. 367.
  1. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
  1. Waives all points of order against consideration of the bill.
  1. 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 the Rules Committee report and provides that it shall be considered as read.
  1. Waives all points of order against that amendment in the nature of a substitute.
  1. Makes in order only those further amendments printed in Part B of the 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.
  1. Waives all points of order against the amendments printed in Part B of the report.
  1. Provides one motion to recommit with or without instructions.
  1. Section 2 provides a closed rule for H.R. 2009.
  1. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means.
  1. Waives all points of order against consideration of the bill and provides that it shall be considered as read.
  1. Waives all points of order against provisions in the bill.
  1. Provides one motion to recommit.
  1. Section 3 provides that H. Res. 292 is laid on the table.
  1. Section 4 provides that on any legislative day during the period from August 3, 2013, through September 6, 2013: the Journal of the proceedings of the previous day shall be considered as approved; 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; and bills and resolutions introduced shall be numbered, listed in the Congressional Record, and when printed shall bear the date of introduction, but may be referred at a later time.
  1. Section 5 provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 4 of the resolution.
  1. Section 6 provides that each day during the period addressed by section 4 of the resolution shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546).
  1. Section 7 provides that each day during the period addressed by section 4 of the resolution shall not constitute a legislative day for purposes of clause 7 ofrule XIII (resolutions of inquiry).
  1. Section 8 provides a closed rule for H.R. 2879.
  1. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Oversight and Government Reform.
  1. Waives all points of order against consideration of the bill and provides that it shall be considered as read.
  1. Waives all points of order against provisions in the bill.
  1. Provides one motion to recommit.
  1. Section 9 provides that upon passage of H.R. 2879, the following bills are laid on the table: H.R. 1541, H.R. 2579, and H.R. 2711.

 

RESOLUTION

Resolved, That 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 ofthe Union for consideration of the bill (H.R. 367) 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. 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 modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution. 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 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 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. 2. Upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 2009) to prohibit the Secretary of the Treasury from enforcing the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. 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 on 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 Ways and Means; and (2) one motion to recommit.

Sec. 3. House Resolution 292 is laid on the table.

Sec. 4. On any legislative day during the period from August 3, 2013, through September 6, 2013, --

(a) the Journal ofthe proceedings ofthe previous day shall be considered as approved;

(b) the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment; and

(c) bills and resolutions introduced during the period addressed by this section shall be numbered, listed in the Congressional Record, and when printed shall bear the date of introduction, but may be referred by the Speaker at a later time.

Sec. 5. The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 4 of this resolution as though under clause 8(a) of rule I.

Sec. 6. Each day during the period addressed by section 4 of this resolution shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546).

Sec. 7. Each day during the period addressed by section 4 of this resolution shall not constitute a legislative day for purposes of clause 7 of rule XIII.

Sec. 8. Upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 2879) to provide limitations on bonuses for Federal employees during sequestration, to provide for investigative leave requirements for members of the Senior Executive Service, to establish certain procedures for conducting in-person or telephonic interactions by Executive branch employees with individuals, and for other purposes. 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 on 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 Oversight and Government Reform; and (2) one motion to recommit.

Sec. 9. Upon passage of H.R. 2879, the following bills shall be laid on the table: H.R. 1541, H.R. 2579, and H.R. 2711.

SUMMARY OF AMENDMENT IN PART A PROPOSED TO BE CONSIDERED AS ADOPTED

Sponsor

#

Description

 

1. Sessions (TX)

#7

Makes a technical improvement to the bill.

 

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

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Scalise (LA)

#20

(REVISED) Requires the Administration to receive approval from Congress before implementing a carbon tax.

(10 minutes)

2. Davis, Rodney (IL), Peterson (MN)

# 15

Adds a to the definition of what constitutes a "major rule"

to include any interim final rule issued by the Environmental Protection Agency (EPA) that would have a significant impact on a substantial amount of agricultural entities (as determined by the Secretary of Agriculture).

(10 minutes)

3. Smith, Jason (MO)

#3

Requires congressional approval for all rules under the authority of the Affordable Care Act.

(10 minutes)

4. Latham (lA)

#22

(LATE) Clarifies that the report required to be submitted to Congress by Federal agencies promulgating a rule under the Act, must include a list of any other related regulatory actions taken by or that will be taken by any other Federal agency with authority to implement the same statutory provision or regulatory objective.

(10 minutes)

5. Sessions (TX), Davis, Rodney (IL), Barr, (KY), Wenstrup (OH), Coffman (CO)

#10

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)

6. Nadler (NY)

#12

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. The amendment would ensure enhanced nuclear safety protection requirements can go into effect.

(10 minutes)

7. Johnson, Hank (GA)

#4

Exempts from the provisions of the bill any rule that the Office of Management and Budget determines would result in net job creation.

(10 minutes)

8. Jackson Lee (TX)

#19

Exempts from the bill's congressional approval requirement any rule promulgated by the Department of Homeland Security.

(10 minutes)

9. McKinley (WV)

#2

Reduces the annual effect on the economy of the term 'major rule' from $100 million or more to $50 million or more.

(10 minutes)

10. Cole (OK)

#1

Ensures that the impact on Tribal government agencies would be included in the determination of whether a rule constitutes a major rule.

(10 minutes)

11. Webster (FL)

# 16

Prevents federal agencies from implementing significant policy changes without appropriate congressional review. Brings administrative rules having an economic impact of $100 million or more as scored by the Office of Management and Budget before Congress for a vote.

(10 minutes)

12. Moore, Gwen (WI)

#13

Exempts rules pertaining to veterans from the additional requirements of this Act.

(10 minutes)