[House Report 113-361]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-361
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3865) TO PROHIBIT THE
INTERNAL REVENUE SERVICE FROM MODIFYING THE STANDARD FOR DETERMINING
WHETHER AN ORGANIZATION IS OPERATED EXCLUSIVELY FOR THE PROMOTION OF
SOCIAL WELFARE FOR PURPOSES OF SECTION 501(C)(4) OF THE INTERNAL
REVENUE CODE OF 1986; PROVIDING FOR CONSIDERATION OF THE BILL (H.R.
2804) TO AMEND TITLE 5, UNITED STATES CODE, TO REQUIRE THE
ADMINISTRATOR OF THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS TO
PUBLISH INFORMATION ABOUT RULES ON THE INTERNET, AND FOR OTHER
PURPOSES; AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE
RULES
_______
February 25, 2014.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Woodall, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 487]
The Committee on Rules, having had under consideration
House Resolution 487, by a record vote of 8 to 2, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 3865, the
Stop Targeting of Political Beliefs by the IRS Act of 2014,
under a closed rule. The resolution provides one hour of debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Ways and Means. The
resolution waives all points of order against consideration of
the bill. The resolution provides that the amendment in the
nature of a substitute recommended by the Committee on Ways and
Means now printed in the bill shall be considered as adopted
and the bill, as amended, shall be considered as read. The
resolution waives all points of order against provisions in the
bill, as amended. The resolution provides one motion to
recommit with or without instructions.
Section 2 of the resolution provides for consideration of
H.R. 2804, the All Economic Regulations Are Transparent Act of
2013, under a structured rule. The resolution provides one hour
of general debate equally divided and controlled by the chair
and ranking minority member of the Committee on the Judiciary.
The resolution waives all points of order against consideration
of the bill. The resolution 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 113-
38 and provides that it shall be considered as read. The
resolution waives all points of order against that amendment in
the nature of a substitute. The resolution makes in order only
those further amendments printed in this report. Each such
amendment may be offered only in the order printed in this
report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this 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. The
resolution waives all points of order against the amendments
printed in this report. The resolution provides one motion to
recommit with or without instructions.
Section 3 of the resolution provides that it shall be in
order at any time on the legislative day of February 27, 2014,
for the Speaker to entertain motions that the House suspend the
rules, as though under clause 1 of rule XV, relating to H.R.
3370, the Homeowner Flood Insurance Affordability Act.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of H.R. 3865, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 3865, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 2804 includes a waiver of clause 3(c)(4) of rule XIII,
requiring the inclusion of general performance goals and
objectives in the committee report. It is important to note
that while the report to accompany H.R. 2804 did include a
statement reflecting the performance goals, the statement was
incomplete.
The waiver of all points of order against the amendment in
the nature of a substitute to H.R. 2804 made in order as
original text includes a waiver of clause 7 of rule XVI, which
requires that no motion or proposition on a subject different
from that under consideration shall be admitted under color of
amendment. It is important to note that while the waiver is
necessary, all of the measures contained in Rules Committee
Print 113-38 are directly related to regulatory reform.
Although the resolution waives all points of order against
the amendments to H.R. 2804 printed in this report, the
Committee is not aware of any points of order. The waiver is
prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 110
Motion by Mr. Bishop of Utah to report the rule. Adopted:
8-2
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Majority Members Vote Majority Members Vote
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Ms. Foxx........................................ Yea Ms. Slaughter..................... ............
Mr. Bishop of Utah.............................. Yea Mr. McGovern...................... Nay
Mr. Cole........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... ............
Mr. Nugent...................................... ............
Mr. Webster..................................... Yea
Ms. Ros-Lehtinen................................ Yea
Mr. Burgess..................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENTS TO H.R. 2804 MADE IN ORDER
1. Cartwright (PA): Strikes the 6 month moratorium on
finalizing rules. (10 minutes)
2. Murphy, Patrick (FL): Cuts titles II and IV from the
bill. (10 minutes)
3. Rothfus (PA), Barr, (KY): Adds terms to define a
negative-impact on jobs and wages rule, helps agencies identify
a negative-impact on jobs and wages rule, and requires agency
heads approving a negative-impact on jobs and wages rule to
submit a statement that they approved the rule knowing of its
negative-impact on jobs and wages. (10 minutes)
4. Brady, Kevin (TX): Requires federal agencies to identify
in any Notice of Proposed Rulemaking (NPR) the achievable
objective of the proposed rule and the metrics to be used. Also
requires federal agencies in issuing final rules to certify
that the rule meets the objectives the agency identified in the
NPR. (10 minutes)
5. Rigell (VA): Expands the requirements of initial
regulatory flexibility analyses to include an analysis of any
impairment of the ability of small entities to have access to
credit. (10 minutes)
6. Tipton (CO): Makes a technical correction that ensures
the current requirement, under the Regulatory Flexibility Act,
that each agency annually publish a list of regulations to be
reviewed pursuant to its periodic review plan, remains so. (10
minutes)
7. Connolly (VA): Exempts any rule pertaining to air
quality or water quality. (10 minutes)
8. Jackson Lee (TX): Exempts rules made by the Secretary of
Homeland Security, or any consent decree or settlement made as
a result of the rule. (10 minutes)
9. Johnson, Hank (GA): Excludes from the bill any rule,
consent decree, or settlement agreement that the Director of
the Office of Management and Budget determines would result in
net job creation or whose benefits exceeds its costs. (10
minutes)
10. Miller, George (CA), Courtney (CT): Exempts regulations
proposed by the Occupational Safety and Health Administration
to prevent combustible dust explosions and fires. (10 minutes)
11. Miller, George (CA), Courtney (CT): Exempts any
regulations, or modifications thereto, which have been
recommended in writing by the Inspector General of a federal
agency, including but not limited to those which would improve
protections for taxpayers, students, public and workplace
safety and health, or otherwise increase the effectiveness or
efficiency of agency activities. (10 minutes)
TEXT OF AMENDMENTS TO H.R. 2804 MADE IN ORDER
1. An Amendment To Be Offered by Representative Cartwright of
Pennsylvania or His Designee, Debatable for 10 Minutes
Page 3, after line 4, the table of sections is amended to
read as follows:
``Sec.
``651. Agency monthly submission to Office of Information and Regulatory
Affairs.
``652. Office of Information and Regulatory Affairs Publications.
``653. Definitions.''.
Page 8, strike line 21, and all that follows through page 9,
line 15.
Page 9, line 16, strike ``654'' and insert ``653''.
Page 11, strike lines 3 through 7.
----------
2. An Amendment To Be Offered by Representative Murphy of Florida or
His Designee, Debatable for 10 Minutes
In the bill, strike title II and title IV, and redesignate
provisions and conform the table of contents accordingly.
----------
3. An Amendment To Be Offered by Representative Rothfus of Pennsylvania
or His Designee, Debatable for 10 Minutes
Page 12, after line 19, insert the following (and redesignate
accordingly):
``(17) `negative-impact on jobs and wages rule' means
any rule that the agency that made the rule or the
Administrator of the Office of Information and
Regulatory Affairs determines is likely to--
``(A) in one or more sectors of the economy
that has a 6-digit code under the North
American Industry Classification System, reduce
employment not related to new regulatory
compliance by 1 percent or more annually during
the 1-year, 5-year, or 10-year period after
implementation;
``(B) in one or more sectors of the economy
that has a 6-digit code under the North
American Industry Classification System, reduce
average weekly wages for employment not related
to new regulatory compliance by 1 percent or
more annually during the 1-year, 5-year, or 10-
year period after implementation;
``(C) in any industry area (as such term is
defined in the Current Population Survey
conducted by the Bureau of Labor Statistics) in
which the most recent annual unemployment rate
for the industry area is greater than 5
percent, as determined by the Bureau of Labor
Statistics in the Current Population Survey,
reduce employment not related to new regulatory
compliance during the first year after
implementation; or
``(D) in any industry area in which the
Bureau of Labor Statistics projects in the
Occupational Employment Statistics program that
the employment level will decrease by 1 percent
or more, further reduce employment not related
to new regulatory compliance during the first
year after implementation;''.
Page 16, line 16, insert after ``domestic jobs),'' the
following: ``wages,''.
Page 16, line 25, insert after ``High-impact Rules'' the
following: ``Negative-impact on Jobs and Wages Rules,''.
Page 17, line 2, strike ``a major rule or high-impact rule''
and insert the following: ``a major rule, a high-impact rule, a
negative-impact on jobs and wages rule,''.
Page 29, line 13, strike ``and''.
Page 29, line 14, strike ``major rule or high-impact rule,''
and insert the following: ``major rule, high-impact rule, or
negative-impact on jobs and wages rule,''.
Page 30, line 2, strike the period at the end and insert ``;
and''.
Page 30, after line 2, insert the following:
``(H) for any negative-impact on jobs and
wages rule, a statement that the head of the
agency that made the rule approved the rule
knowing about the findings and determination of
the agency or the Administrator of the Office
of Information and Regulatory Affairs that
qualified the rule as a negative impact on jobs
and wages rule.''.
----------
4. An Amendment To Be Offered by Representative Brady of Texas or His
Designee, Debatable for 10 Minutes
Page 17, line 23, strike ``; and'' and insert the following:
``;''.
Page 18, line 4, insert ``and'' after ``rule;'';
Page 18, insert after line 4 the following:
``(E) an achievable objective for the rule
and metrics by which the agency will measure
progress toward that objective;''.
Page 19, line 20, strike ``and''.
Page 19, line 22, insert ``and'' after ``statute;''.
Page 19, insert after line 22 the following:
``(iii) an achievable objective for the rule and
metrics by which the agency will measure progress
toward that objective;''.
Page 29, line 13, strike ``and''.
Page 29, insert after line 13 the following:
``(G) the agency's reasoned final
determination that the rule meets the
objectives that the agency identified in
subsection (d)(1)(E)(iii) or that other
objectives are more appropriate in light of the
full administrative record and the rule meets
those objectives;
``(H) the agency's reasoned final
determination that it did not deviate from the
metrics the agency included in subsection
(d)(1)(E)(iii) or that other metrics are more
appropriate in light of the full administrative
record and the agency did not deviate from
those metrics; and''.
Page 29, line 14, strike ``(G)(i) for any major rule'' and
insert the following: ``(I)(i) for any major rule''.
----------
5. An Amendment To Be Offered by Representative Rigell of Virginia or
His Designee, Debatable for 10 Minutes
Page 53, line 24, strike ``and''.
Page 54, line 3, after ``entitites'' the following: ``;
and''.
Page 54, line 3, insert before the first period the
following:
``(8) describing any impairment of the ability of
small entities to have access to credit''.
----------
6. An Amendment To Be Offered by Representative Tipton of Colorado or
His Designee, Debatable for 10 Minutes
Page 66, line 1, strike ``The agency'' and insert ``Each
year, each agency''.
----------
7. An Amendment To Be Offered by Representative Connolly of Virginia or
His Designee, Debatable for 10 Minutes
In the table of contents of the bill, insert after item
pertaining to section 405 the following:
TITLE V--EXCEPTION
Sec. 501. Exception.
Add, at the end of the bill, the following:
TITLE V--EXCEPTION
SEC. 501. EXCEPTION.
Notwithstanding any other provision of law, the provisions
of this Act and the amendments made by this Act shall not apply
in the case of a rule pertaining to air quality or water
quality, or a consent decree or settlement agreement pertaining
to such a rule. In the case of such a rule, consent decree, or
settlement agreement, the provisions of law amended by this Act
shall apply as though such amendments had not been made.
----------
8. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
In the table of contents of the bill, insert after item
pertaining to section 405 the following:
TITLE V--EXCEPTION
Sec. 501. Exception.
Add, at the end of the bill, the following:
TITLE V--EXCEPTION
SEC. 501. EXCEPTION.
Notwithstanding any other provision of law, the provisions of
this Act and the amendments made by this Act shall not apply in
the case of a rule made by the Secretary of Homeland Security,
or a consent decree or settlement agreement pertaining to such
a rule. In the case of such a rule, consent decree, or
settlement agreement, the provisions of law amended by this Act
shall apply as though such amendments had not been made.
----------
9. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes
In the table of contents of the bill, insert after item
pertaining to section 405 the following:
TITLE V--EXCEPTION
Sec. 501. Exception.
Add, at the end of the bill, the following:
TITLE V--EXCEPTION
SEC. 501. EXCEPTION.
Notwithstanding any other provision of law, the provisions of
this Act and the amendments made by this Act shall not apply in
the case of a rule that the Director of the Office of
Management and Budget determines would result in net job
creation and whose benefits exceeds its cost, or a consent
decree or settlement agreement pertaining to such a rule. In
the case of such a rule, consent decree, or settlement
agreement, the provisions of law amended by this Act shall
apply as though such amendments had not been made.
----------
10. An Amendment To Be Offered by Representative Miller of California
or His Designee, Debatable for 10 Minutes
In the table of contents of the bill, insert after item
pertaining to section 405 the following:
TITLE V--EXCEPTION
Sec. 501. Exception.
Add, at the end of the bill, the following:
TITLE V--EXCEPTION
SEC. 501. EXCEPTION.
Notwithstanding any other provision of law, the provisions of
this Act and the amendments made by this Act shall not apply in
the case of a rule made by the Administrator of the
Occupational Safety and Health Administration to prevent
combustible dust explosions and fires, or a consent decree or
settlement agreement pertaining to such a rule. In the case of
such a rule, consent decree, or settlement agreement, the
provisions of law amended by this Act shall apply as though
such amendments had not been made.
----------
11. An Amendment To Be Offered by Representative Miller of California
or His Designee, Debatable for 10 Minutes
In the table of contents of the bill, insert after item
pertaining to section 405 the following:
TITLE V--EXCEPTION
Sec. 501. Exception.
Add, at the end of the bill, the following:
TITLE V--EXCEPTION
SEC. 501. EXCEPTION.
Notwithstanding any other provision of law, the provisions of
this Act and the amendments made by this Act shall not apply in
the case of a rule that has been recommended in writing by the
Inspector General of a Federal agency, including but not
limited to those which would improve protections for taxpayers,
students, public and workplace safety and health, or increase
effectiveness or efficiency of agency activities, or in the
case of a consent decree or settlement agreement pertaining to
such a rule. In the case of such a rule, consent decree, or
settlement agreement, the provisions of law amended by this Act
shall apply as though such amendments had not been made.