H.Res. 78: H.R. 527 – Small Business Regulatory Flexibility Improvements Act of 2015; H.R. 50 – Unfunded Mandates Information and Transparency Act of 2015

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 6-2 on Tuesday, February 3, 2015.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 243-179 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 242-174 on Wednesday, February 4, 2015.

MANAGERS: Polis/Foxx

114th Congress

1st Session

Rule

H.RES. 78

Report No. 114-14

 

H.R. 527 - Small Business Regulatory Flexibility Improvements Act of 2015

H.R. 50 - Unfunded Mandates Information and Transparency Act of 2015

  1. Structured rule for H.R. 527.
  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 Small Business.
  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
  5. Committee Print 114-3 and provides that it shall be considered as read.
  6. Waives all points of order against that amendment in the nature of a substitute.
  7. 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.
  8. Waives all points of order against the amendments printed in part A of the report.
  9. Provides one motion to recommit with or without instructions.
  10. Structured rule for H.R. 50.
  11. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Oversight and Government Reform.
  12. Waives all points of order against consideration of the bill.
  13. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-4, modified by the amendment printed in part B of the Rules Committee report, shall be considered as·adopted, and the bill, as amended, shall be considered as read.
  14. Waives all points of order against provisions in the bill, as amended.
  15. Makes in order only those further amendments to H.R. 50 printed in part C 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.
  16. Waives all points of order against the amendments printed in part C of the report.
  17. 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 ofthe Whole House on the state of the Union for consideration of the bill (H.R. 527) to amend chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act), to ensure complete analysis of potential impacts on small entities 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, 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 Small Business. 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 114-3. 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. 50) to provide for additional safeguards with respect to imposing Federal mandates, 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 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. An amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-4, modified by the amendment printed in part B 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 C of the report of the Committee on Rules. Each such further 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 further amendments are waived. At the conclusion of consideration of the bill for amendment 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, as amended, and any further amendment thereto to final passage without intervening motion except one motion to recommit with or without instructions.

SUMMARY OF AMENDMENTS TO H.R. 527 IN PART A PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Peters, Scott (CA), Chabot (OH)

#5

Adds to the bill 's Regulatory Flexibility Act exemption for veterans
rights-and-benefits rules an exemption for rules pertaining to servicemembers and predatory lending. The amendment also effectuates limited technical amendments to the bill.

(10 minutes)

 

 

2. Nadler (NY)

#1

Requires analysis of indirect benefits along with the analysis of indirect
costs required under the bill.

(10 minutes)

3. Conyers (MI)

#3

Strikes section 5 of the bill.

(10 minutes)

4. Schrader (OR)

#4

Strikes section 10 of the legislation, which creates a duplicative size
standard office in the Office of Advocacy without a commensurate reduction in the existing SBA Office of Size Standards.

(10 minutes)

5. Johnson, Hank (GA)

 

#2

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

(10 minutes)

6. Jackson Lee (TX)

#7

Exempts from the bill all regulations issued by the Food and Drug
Administration relating to consumer safety, including those issued
pursuant to the FDA Food Safety Modernization Act.

(10 minutes)

 

SUMMARY OF AMENDMENT TO H.R. 50 IN PART B PROPOSED TO BE CONSIDERED AS ADOPTED

(summaries derived from information provided by sponsors)

Sponsor

#

Description

1. Foxx (NC)

#4

(LATE) Limits the total budget authority which the Consumer Financial Protection Bureau may request from the Federal Reserve to $550 million in FY 2016. This limitation is needed to ensure that the CFPB will comply with the requirements contained elsewhere within HR 50 without increasing their drawdown of funds from the federal reserve, which would otherwise add a direct spending cost to the bill. The limitation is set at $36 million below the CBO baseline projection for CFPB Budget Authority in FY 2016.

 

SUMMARY OF AMENDMENTS TO H.R. 50 IN PART C PROPOSED TO BE MADE IN ORDER  

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Reed (NY)

#2

Adds to the bill's Regulatory Flexibility Act exemption for veterans
rights-and-benefits rules an exemption for rules pertaining to servicemembers and predatory lending. The amendment also effectuates limited technical amendments to the bill.

(10 minutes)

 

2. Cummings (MD)

#1

Strikes section 12 of the bill. That section would require federal agencies to conduct a retrospective cost-benefit analysis of any regulation at the request of the Chairman or Ranking Member of a Congressional Committee.

(10 minutes)

3. Connolly (VA)

#3

Provides that in the event that the average annual rate of real gross
domestic product (GDP) growth remains below 5 percent over the first four calendar quarters occurring after the date of enactment of H.R. 50, then the amendments made by H.R. 50 are repealed.

(10 minutes)