H.Res. 420: H.R. 348 – RAPID Act; H.R. 758 – Lawsuit Abuse Reduction Act of 2015

COMMITTEE ACTION: REPORTED BY A RECORD VOTE of 9-4 on Wednesday, September 16, 2015.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 238-183 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 238-179 AND AFTER ADOPTING AN AMENDMENT TO THE RESOLUTION BY A RECORD VOTE OF 237-187 on Thursday, September 17, 2015.

MANAGERS:Polis/Collins

114th Congress

1st Session

Rule

H.RES. 420

Amendment to H.Res. 420 Adopted on the House Floor

Report No. 114-261

 

H.R. 348 - RAPID Act

H.R. 758 - Lawsuit Abuse Reduction Act of 2015

  1. Structured rule for H.R. 348.
  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. Makes in order as an original bill for purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-26 and provides that it shall be considered as read.
  5. Waives all points of order against that amendment in the nature of a substitute.
  6. Makes in order only those further amendments printed in 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 the report.
  8. Provides one motion to recommit with or without instructions.
  9. Closed rule for H.R. 758.
  10. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
  11. Waives all points of order against consideration of the bill.
  12. Provides that the bill shall be considered as read.
  13. Waives all points of order against provisions in the bill.
  14. Provides one motion to recommit.
  15. Section 3 provides that it shall be in order at any time on the legislative day of September 24, 2015, for the Speaker to entertain motions that the House suspend the rules and that the Speaker or his designee shall consult with the Minority Leader or her designee on the designation of any matter for consideration pursuant to this section.

 

RESOLUTION

Resolved, That at any time after 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. 348) to provide for improved coordination of agency actions in the preparation and adoption of environmental documents for permitting determinations, 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 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 an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-26. 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 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. 2. Upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 7 58) to amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, 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 the Judiciary; and (2) one motion to recommit.

Sec. 3. It shall be in order at any time on the legislative day of September 24, 2015, for the Speaker to entertain motions that the House suspend the rules as though under clause 1 of rule XV. The Speaker or his designee shall consult with the Minority Leader or her designee on the designation of any matter for consideration pursuant to this section.

 

SUMMARY OF AMENDMENTS TO H.R. 348 PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Goodlatte (VA)

1

MANAGER'S Includes revisions to clarify that the bill  is not intended to allow for duplicative agency review proceedings; duplicative project-notification and initiation-of-agency-review procedures; or, challenges to a permitting decision brought in court by parties who were not also parties to the administrative proceedings that produced the challenged decision.

(10 minutes)

2. Lowenthal (CA)

10

Prevents further evaluation or adoption of an alternative that does not adequately address risks associated with flooding, wildfire, and climate change.

(10 minutes)

3. Grijalva (AZ)

9

Requires an evaluation of each alternative in an environmental impact statement or environmental assessment to identify potential effects on low-income communities and communities of color.

(10 minutes)

4. Gallego (AZ)

8

Grants deadline extensions if requested by a state or local elected official or a local tribal official.

(10 minutes)

5. Jackson Lee (TX)

3

Strikes the bill provision that deems approved any project for which the reviewing agency does not issue the requested permit or license within 90-120 days.

(10 minutes)

6. Dingell (MI)

6

Prevents a project from being approved under the timeline set forth in the bill if the project would limit access to or opportunities for hunting or fishing, or impact an endangered or threatened species under the Endangered Species Act.

(10 minutes)

7. Peters, Scott (CA), Polis (CO), Lowenthal (CA), Lieu (CA)

2

Strikes section k that prohibits agencies from using the social cost of carbon in an environmental review or environmental decision making process.

(10 minutes)

8. Gosar (AZ)

11

(LATE) Seeks to prohibit federal agencies from following the draft guidance entitled "the Revised Draft Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate change in NEPA Reviews", issued by the Council on Environmental Quality, 79 Fed. Reg. 77801 (Dec. 24 2014).

(10 minutes)

9. Jackson Lee (TX)

4

Preserves the current law relating to the permitting projects that could be a potential target for a terrorist attack or that involves chemical facilities and other critical infrastructure.

(10 minutes)

10. Johnson, Hank(GA)

5

Adds rule of construction clarifying that nothing in the bill would have the effect of changing or limiting any law or regulation requiring agencies to allow public comment or public participation in their decision-making process.

(10 minutes)