H.Res. 380: H.R. 427 – Regulations From the Executive in Need of Scrutiny Act of 2015

COMMITTEE ACTION: REPORTED BY A RECORD VOTE of 8-3 on Monday, July 27, 2015.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 240-167 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 240-167 on Tuesday, July 28, 2015.

MANAGERS:Hastings/Collins

114th Congress

1st Session

Rule

H.RES. 380

Report No. 114-230

 

H.R. 427 - Regulations From the Executive in Need of Scrutiny Act of 2015

  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. 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.
  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 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.
  7. Waives all points of order against the amendments printed in part B of the report.
  8. Provides one motion to recommit with or without instructions.
  9. Section 2 provides that on any legislative day during the period from July 30, 2015 through September 7, 2015: the Journal of the proceedings of the previous day shall be considered as approved; and 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.
  10. Section 3 provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 2.
  11. Section 4 provides that each day during the period addressed by section 2 of the resolution shall not constitute a calendar day for purposes of section 2 of the War Powers Resolution (50 U.S.C. 1546).
  12. Section 5 provides that each day during the period addressed by section 2 of the resolution shall not constitute a legislative day for purposes of clause 7 of rule XIII (resolutions of inquiry).
  13. Section 6 provides that it shall be in order at any time on the legislative day of July 30, 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.
  14. Section 7 waives the requirement of clause 6(a) of rule XIII (requiring a two-thirds vote to consider a rule on the same day it is reported from the Rules Committee) with respect to any resolution reported through the legislative day of July 30, 2015.
  15. Section 8 addresses access to the Chamber for the joint meeting to be held on September 24, 2015.

 

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. 427) 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. On any legislative day during the period from July 30, 2015, through September 7, 2015-

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

(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.

Sec. 3. The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 2 of this resolution as though under clause 8(a) of rule I.

Sec. 4. Each day during the period addressed by section 2 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. 5. Each day during the period addressed by section 2 of this resolution shall not constitute a legislative day for purposes of clause 7 of rule XIII.

Sec. 6. It shall be in order at any time on the legislative day of July 30, 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.

Sec. 7. The requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported through the legislative day of July 30, 2015.

Sec. 8. For purposes of the joint meeting to receive Pope Francis on September 24,  2015, only the following persons shall be admitted to the Hall of the House or rooms leading thereto:

(a) Members of Congress and Members-elect.

(b) The Delegates and the Resident Commissioner.

(c) The President and Vice President of the United States.

(d) Justices ofthe Supreme Court.

(e) Elected officers of the House.

(f) The Parliamentarian.

(g) The Architect of the Capitol.

(h) The Librarian of Congress.

(i) The Secretary and Sergeant-at-Arms of the Senate.

(j) Heads of departments.

(k) Other persons as designated by the Speaker.

 

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

Sponsor

#

Description

Sessions (TX)

3

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. Young, David (lA)

16

(LATE) (REVISED) Would require agencies to publish in the federal register a list of information on which a rule is based, including data, scientific and economic studies, and cost-benefit analyses, and where the public can access it online.

(10 minutes)

2.Smith, Jason (MO)

12

(REVISED) Requires congressional approval for all rules proposed under the authority of the Affordable Care Act.

(10 minutes)

3. Sessions (TX), Davis, Rodney (IL), Wenstrup (OH), Barr, (KY)

9

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)

4. Johnson, Hank(GA)

7

Adds an exception to the bill for rules that the Administrator of the Office of Management and Budget determines would result in net job growth.

(10 minutes)

5. Capps (CA)

8

Ensures that any rule intended to ensure the safety of  natural gas or hazardous materials pipelines or prevent, mitigate, or reduce the impact of spills from such pipelines is not considered a "major rule" under the bill.

(10 minutes)

6. Cicilline (RI)

13

(LATE) Exempts rules pertaining to the protection of the public health or safety from the requirements of the Act.

(10 minutes)

7. Jackson Lee (TX)

11

Provides a "special rule" pertaining to the safety of any products specifically designed to be used or consumed by a child under the age of 2 years (including cribs, car seats, and infant formula).

(10 minutes)

8. Moore, Gwen (WI)

5

Exempts rules issued by the Consumer Financial Protection Bureau from the requirements of the bill.

(10 minutes)

9. Nadler (NY)

10

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.

(10 minutes)

10. Pocan (WI), Moore, Gwen (WI)

17

(LATE) Exempts the Department of Veterans Affairs from the requirements of this legislation, in regards to rulemaking for the availability of affordable medication and effective healthcare management for veterans.

(10 minutes)