H.Res. 580: H.R. 712 – Sunshine for Regulatory Decrees and Settlements Act of 2015; H.R. 1155 – SCRUB Act of 2015

COMMITTEE ACTION: REPORTED BY A RECORD VOTE of 8-4 on Tuesday, January 5, 2016.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 239-176 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 241-176 on Wednesday, January 6, 2016.

MANAGERS: Polis/Collins

114th Congress

2nd Session

Rule

H.RES. 580

Report No. 114-388

 

H.R. 712 - Sunshine for Regulatory Decrees and Settlements Act of 2015

H.R. 1155 - SCRUB Act of 2015

  1. Structured rule for H.R. 712.
  2. 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 Oversight and Government Reform.
  3. Waives all points of order against consideration of the bill.
  4. Makes in order as original text for the purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-37 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 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.
  7. Waives all points of order against the amendments printed in part A of the report.
  8. Provides one motion to recommit with or without instructions.
  9. Structured rule for H.R. 1155.
  10. Provides one hour of general debate equally divided among and controlled by the chairs and ranking minority members of the Committee on the Judiciary and Committee on Oversight and Government Reform.
  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. Makes in order only those 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.
  15. Waives all points of order against the amendments printed in part B of the report.
  16. Provides one motion to recommit with or without instructions.

 

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. 712) to impose certain limitations on consent decrees and settlement agreements by agencies that require the agencies to take regulatory action in accordance with the terms thereof, 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 amendments specified in this section 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 Oversight and Government Reform. 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 114-37. 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. 2. 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. 1155) to provide for the establishment of a process for the review of rules and sets 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 equally divided among and controlled by the chair and ranking minority member of the Committee on the Judiciary and the chair and ranking minority member of the Committee on Oversight and Government Reform. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. All points of order against provisions in the bill are waived. No amendment to the bill 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. 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.

SUMMARY OF AMENDMENTS TO H.R. 712 IN PART A PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Goodlatte (VA), Chaffetz (UT)

#5

MANAGER'S Includes a small number of revisions in the nature of technical and conforming changes to clarify provisions that state deadlines, reformat section nomenclature and headings, and improve typography or grammar.

(10 minutes)

2. Johnson, Hank(GA)

#1

Inserts an exception for any rule, consent decree, or settlement agreement that the Director of the Office of Management and Budget determines would result in net job creation and whose benefits exceeds its .costs.

(10 minutes)

3. Cummings (MD), Connolly (VA)

#3

Strikes section 653 as created by Title II of the bill (Requirement for Rules to Appear in Agency-Specific Monthly Publications).

(10 minutes)

4. Lynch (MA)

#2

Amends Title II of H.R. 712 by requiring federal agencies to provide an estimate of the benefits of proposed regulations. Would also require the Office of Information and Regulatory Affairs to include the total benefits of proposed and final agency rules in the annual cumulative assessment of agency rule making required by the bill.

(10 minutes)

5. Foxx (NC), Messer, Luke (IN)

#6

(LATE) Requires monthly reporting of unfunded   mandates by agencies to OIRA; requires reporting of unfunded mandates imposed in OIRA's annual cumulative assessment of agency rule making.

(10 minutes)

6.Jackson Lee (TX)

#7

(LATE) Clarifies that the exception to the rule should take effect in the event that there is a threat to health or safety or other emergency and not only when such threat is imminent

(10 minutes)

7. Cummings (MD), Connolly (VA)

#4

Exempts independent establishments from the requirements of Title II of the bill.

(10 minutes)

 

SUMMARY OF AMENDMENTS TO H.R. 1155 IN PART B PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Foxx (NC), Messer, Luke (IN)

#3

Adds consideration of unfunded mandates to the Commission's review of rules.

(10 minutes)

2. Schweikert (AZ)

#12

(LATE) Adds a new subsection (I) under 101(h)(2) requiring the commission to consider rules that are limiting or prohibiting government agencies from adopting technology to improve efficiency and effectiveness.

(10 minutes)

3. Walberg (MI)

#6

Directs the Commission to highlight the role regulations have on wage stagnation and income inequality by examining the negative impact of regulations on wages, including wages for minimum wage and part-time workers.

(10 minutes)

4. Johnson, Hank (GA)

#1

Strikes title II of the bill, eliminating the legislation's regulatory "cut-go" process, which requires that agencies eliminate rules identified by the Regulatory Retrospective Review Commission prior to issuing a new rule.

(10 minutes)

5. Cummings (MD), Connolly (VA)

#4

Strikes Title IV of the bill (Judicial Review).

(10 minutes)

6. Cummings (MD), Connolly (VA)

#5

Exempts independent establishments from the requirements of the bill.

(10 minutes)

7. Cicilline (RI)

#2

Exempts rules made by the Secretary of Veterans Affairs from the additional provisions of the legislation.

(10 minutes)

8. DelBene (WA) 

#13

(LATE) Creates an exemption from regulatory "cut-go" requirements in the case of an emergency.

(10 minutes)

9. Jackson Lee (TX)

#11

(LATE) Provides that the term "rule" has the meaning given in section 551 of title 5, United States Code, except for a special rule as made by the Secretary of Homeland Security.

(10 minutes)

10. Pocan (WI)

#9

(LATE) Exempts from the bill rules put forth by the FDA for the purposes of consumer safety.

(10 minutes)

11. Murphy, Patrick (FL), Carney (DE), Peters, Scott (CA)

#7

(REVISED) SUBSTITUTE Establishes an independent advisory committee to review certain regulations, and for other purposes.

(10 minutes)