39–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–361 

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 


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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 

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 

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) 


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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 


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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’’. 


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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, 


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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: 


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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. 

Æ 


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