[House Report 114-14]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-14
======================================================================
PROVIDING 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, AND PROVIDING FOR
CONSIDERATION OF THE BILL (H.R. 50) TO PROVIDE FOR ADDITIONAL
SAFEGUARDS WITH RESPECT TO IMPOSING FEDERAL MANDATES, AND FOR OTHER
PURPOSES
_______
February 3, 2015.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Foxx, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 78]
The Committee on Rules, having had under consideration
House Resolution 78, by a record vote of 6 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. 527, the
Small Business Regulatory Flexibility Improvements Act of 2015,
under a structured rule. The resolution 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. 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 114-3 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 part A of
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 part A of this report.
The rule provides one motion to recommit with or without
instructions.
Section 2 of the resolution provides for consideration of
H.R. 50, the Unfunded Mandates Information and Transparency Act
of 2015, 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 Oversight
and Government Reform. The resolution waives all points of
order against consideration of the bill. The resolution
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 this report, 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
makes in order only those further amendments printed in part C
of 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 part C of this report.
The resolution provides one motion to recommit with or without
instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 527 includes a waiver of the following:
Clause 3(d)(1) of rule XIII, which requires
the inclusion of a committee cost estimate. It is
important to note that while a Congressional Budget
Office (CBO) cost estimate on H.R. 527 was not
available at the time the Committee on the Judiciary
filed its report, a CBO cost estimate has since been
made publicly available. Additionally, the Committee on
the Judiciary intends to submit the cost estimate for
printing in the Congressional Record; and
Clause 3(e)(1) of rule XIII (Ramseyer),
requiring a committee report accompanying a bill
amending or repealing statutes to show, by
typographical device, parts of statute affected.
Although the resolution waives all points of order against
the amendment in the nature of a substitute to H.R. 527 made in
order as original text, 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
the amendments to H.R. 527 printed in part A of this report,
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. 50 includes waivers of the following:
Clause 3(d)(1) of rule XIII, which requires
the inclusion of a committee cost estimate. It is
important to note that while a Congressional Budget
Office (CBO) cost estimate on H.R. 50 was not available
at the time the Committee on Oversight and Government
Reform filed its report, a CBO cost estimate has since
been made publicly available. Additionally, the
Committee on Oversight and Government Reform intends to
submit the cost estimate for printing in the
Congressional Record; and
Clause 3(e)(1) of rule XIII (Ramseyer),
requiring a committee report accompanying a bill
amending or repealing statutes to show, by
typographical device, parts of statute affected;
Section 303 of the Congressional Budget Act,
prohibiting consideration of legislation, as reported,
providing new budget authority, change in revenues,
change in public debt, new entitlement authority or new
credit authority for a fiscal year until the budget
resolution for that year has been agreed to.
Although the resolution waives all points of order against
provisions in H.R. 50, as amended, 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
the amendments to H.R. 50 printed in part C of this report, the
Committee is not aware of any points of order. The waiver is
prophylactic in nature.
The waiver of clause 3(e)(1) of rule XIII (known as the
``Ramseyer'' rule) is provided for both measures because the
submission provided by the committees was insufficient to meet
the standards established by the rule in its current form. The
Committee on Rules continues to work with the House Office of
Legislative Counsel and committees to determine the steps
necessary to comply with the updated rule.
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. 21
Motion by Mr. McGovern to report open rules for H.R 527 and
H.R. 50. Defeated: 2-6
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... ............
Mr. Cole........................................ ............ Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... ............
Mr. Stivers..................................... Nay
Mr. Collins..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 22
Motion by Ms. Foxx to report the rule. Adopted: 6-2
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Yea Ms. Slaughter..................... ............
Mr. Cole........................................ ............ Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Burgess..................................... Yea Mr. Polis......................... ............
Mr. Stivers..................................... Yea
Mr. Collins..................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENTS TO HR. 527 IN PART A MADE IN ORDER
1. Peters, Scott (CA), Chabot (OH): 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): Requires analysis of indirect benefits
along with the analysis of indirect costs required under the
bill. (10 minutes)
3. Conyers (MI): Strikes section 5 of the bill. (10
minutes)
4. Schrader (OR): 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): 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): 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 THE AMENDMENT TO H.R. 50 IN PART B CONSIDERED AS ADOPTED
Foxx (NC): 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 THE AMENDMENTS TO H.R. 50 IN PART C MADE IN ORDER
1. Reed (NY): Requires an assessment of the effects that a
proposed or final rule are expected to have on private property
owners, including the use and value of affected property. (10
minutes)
2. Cummings (MD): Strikes section 12 of the bill which
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): 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)
PART A--TEXT OF AMENDMENTS TO H.R. 527 MADE IN ORDER
1. An Amendment To Be Offered by Representative Peters of California or
His Designee, Debatable for 10 Minutes
Page 1, line 11, strike ``a rule'' and all that follows
through ``a rule'' on line 13 and insert the following: ``--
``(A) a rule pertaining to the protection of
the rights of and benefits for veterans or part
232 of title 32 of the Code of Federal
Regulations (as in effect on July 1, 2014) or
any successor provisions thereto; or
``(B) a rule''.
Page 11, insert after line 14 (and redesignate succeeding
subparagraphs accordingly) the following:
(C) in the first paragraph (6), by striking
``; and'' at the end;
Page 13, line 21, insert after ``Section 608'' the following:
``of title 5, United States Code,''.
----------
2. An Amendment To Be Offered by Representative Nadler of New York or
His Designee, Debatable for 10 Minutes
Page 10, beginning on line 6, strike ``describing the
objectives of, and legal basis for, the proposed rule'' and
insert ``describing the objectives of the proposed rule,
including any direct benefits of the proposed rule and any
indirect benefits of the proposed rule that are reasonably
foreseeable''.
Page 10, after line 7, insert the following (and redesignate
provisions accordingly):
``(3) describing the legal basis for the proposed
rule;''.
Page 11, after line 8, insert the following (and redesignate
provisions accordingly):
(A) in paragraph (1), to read as follows:
``(1) a statement describing the objectives of the
rule, including any direct benefits of the rule and any
indirect benefits of the rule that are reasonably
foreseeable;''.
----------
3. An Amendment To Be Offered by Representative Conyers, Jr. of
Michigan or His Designee, Debatable for 10 Minutes
Beginning on page 13, line 18, strike section 5 (and
redesignate provisions accordingly).
----------
4. An Amendment To Be Offered by Representative Schrader of Oregon or
His Designee, Debatable for 10 Minutes
Page 26, beginning on line 9, strike section 10, and
redesignate succeeding sections accordingly.
----------
5. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes
Add, at the end of the bill, the following:
SEC. 14. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
provisions of this Act and the amendments made by this Act
shall take effect on the date of enactment of this Act.
(b) Exception.--In the case of any rule that the Director of
the Office of Management and Budget determines would result in
net job creation, the amendments made by this Act shall not
take effect, and the provisions of law amended, as in effect on
the day prior to the effective date of this Act, shall remain
in effect.
----------
6. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
Add, at the end of the bill, the following:
SEC. 14. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
provisions of this Act and the amendments made by this Act
shall take effect on the date of enactment of this Act.
(b) Exception.--In the case of a rule proposed, issued, or
made by the Food and Drug Administration relating to consumer
safety, including any rule made under the FDA Food Safety
Modernization Act, the amendments made by this Act shall not
take effect, and the provisions of law amended, as in effect on
the day prior to the effective date of this Act, shall remain
in effect.
PART B--TEXT OF AMENDMENT TO H.R. 50 CONSIDERED AS ADOPTED
Add at the end the following:
SEC. 14. BUREAU FUNDING AUTHORITY.
The Director of the Bureau of Consumer Financial Protection
may not request, under section 1017 of the Consumer Financial
Protection Act of 2010, during fiscal year 2016 an amount that
would result in the total amount requested by the Director
during that fiscal year to exceed $550,000,000.
PART C--TEXT OF AMENDMENTS TO H.R. 50 MADE IN ORDER
1. An Amendment To Be Offered by Representative Reed of New York or His
Designee, Debatable for 10 Minutes
Page 2, line 1, insert ``private property owners,'' after
``small businesses,''.
Page 10, line 24, strike the closing quotation marks and
second period.
Page 10, after line 24, add the following:
``(8) An assessment of the effects that the proposed
rulemaking or final rule are expected to have on
private property owners, including the use and value of
affected property.''.
----------
2. An Amendment To Be Offered by Representative Cummings of Maryland or
His Designee, Debatable for 10 Minutes
Strike section 12.
----------
3. An Amendment To Be Offered by Representative Connolly of Virginia or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section:
SEC. 14. SUNSET OF UNFUNDED MANDATES REFORM ACT AND CONGRESSIONAL
BUDGET ACT AMENDMENTS IF GDP GROWTH FAILS TO
INCREASE AT AVERAGE ANNUAL RATE OF 5 PERCENT OR
MORE.
(a) Sunset.--If the real gross domestic product of the United
States fails to increase at an average annual rate of 5 percent
or more for the first 4 calendar quarters occurring after the
date of the enactment of this Act, as determined under
subsection (b), then the amendments made by this Act to the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2
U.S.C. 1511 et seq.) and the Congressional Budget Act of 1974
(2 U.S.C. 602 et seq.) are repealed.
(b) Determination of Growth of GDP.--For purposes of
subsection (a), the Director of the Office of Management and
Budget shall--
(1) calculate the average annual rate of growth of
the real gross domestic product for the first 4
calendar quarters occurring after the date of the
enactment of this Act; and
(2) submit to Congress a report containing such
calculation and such other information as the Director
considers appropriate, not later than 30 days after the
end of the 4th calendar quarter occurring after such
date of enactment.
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