49–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–230 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 427) TO AMEND 

CHAPTER 8 OF TITLE 5, UNITED STATES CODE, TO PROVIDE THAT 

MAJOR RULES OF THE EXECUTIVE BRANCH SHALL HAVE NO FORCE OR 

EFFECT UNLESS A JOINT RESOLUTION OF APPROVAL IS ENACTED INTO 

LAW; PROVIDING FOR PROCEEDINGS DURING THE PERIOD FROM JULY 

30, 2015, THROUGH SEPTEMBER 7, 2015; AND FOR OTHER PURPOSES 

JULY 27, 2015.—Referred to the House Calendar and ordered to be printed 

Mr. COLLINS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 380] 

The Committee on Rules, having had under consideration House 

Resolution 380, by a record vote of 8 to 3, 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. 427, the Regulations From the Executive in Need of Scrutiny 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 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 the amendment in the nature of a substitute recommended 

by the Committee on the Judiciary now printed in the bill modified 

by the amendment printed in part A of this report, 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 B 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 the Committee of the Whole. The 

resolution waives all points of order against the amendments printVerDate Sep 11 2014 05:16 Jul 28, 2015 Jkt 049008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR230.XXX HR230

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ed in part B of this report. The resolution provides one motion to 

recommit with or without instructions. 

Section 2 of the resolution provides that on any legislative day 

during the period from July 30, 2015 through September 7, 2015: 

the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the 

House adjourned to meet at a date and time to be announced by 

the Chair in declaring the adjournment. 

Section 3 of the resolution provides that the Speaker may appoint Members to perform the duties of the Chair for the duration 

of the period addressed by section 2 of the resolution as though 

under clause 8(a) of rule I. 

Section 4 of the resolution provides that each day during the period addressed by section 2 of the resolution shall not constitute a 

calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546). 

Section 5 of the resolution provides that each day during the period addressed by section 2 of the resolution shall not constitute a 

legislative day for purposes of clause 7 of rule XIII (resolutions of 

inquiry). 

Section 6 of the resolution provides that it shall be in order at 

any time on the legislative day of July 30, 2015, for the Speaker 

to entertain motions that the House suspend the rules as though 

under clause 1 of rule XV, and that the Speaker or his designee 

shall consult with the Minority Leader or her designee on the designation of any matter for consideration pursuant to this section. 

Section 7 of the resolution waives the requirement of clause 6(a) 

of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House with 

respect to any resolution reported through the legislative day of 

July 30, 2015. 

Section 8 of the resolution addresses access to the House Chamber for the joint meeting to be held on September 24, 2015. Traditionally, those persons who are granted floor privileges under rule 

IV of the rules of the House have been allowed to attend joint 

meetings in the House chamber. This section is necessary because 

there are concerns that attendance at the joint meeting for Pope 

Francis on September 24, 2015 will exceed the capacity of the 

chamber to hold a safe and dignified event. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

includes a waiver of 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. 

The waiver is provided because the submission provided by the 

Committee on the Judiciary 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. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute made in order as original 

text, the Committee is not aware of any points of order. The waiver 

is prophylactic in nature. 


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Although the resolution waives all points of order against the 

amendments printed in part B of 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. 93 

Motion by Mr. Woodall to report the rule. Adopted: 8–3 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. ...................

Mr. Cole ............................................................ Yea Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ........................................................... Nay 

Mr. Stivers ........................................................ ...................

Mr. Collins ........................................................ Yea 

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED

Sessions (TX): Makes a technical improvement to the bill. 

SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

1. Young, David (IA): Would require agencies to publish in the 

federal register a list of information on which a rule is based, including data, scientific and economic studies, and cost-benefit analyses, and where the public can access it online. (10 minutes) 

2. Smith, Jason (MO): Requires congressional approval for all 

rules proposed under the authority of the Affordable Care Act. (10 

minutes) 

3. Sessions (TX), Davis, Rodney (IL), Wenstrup (OH), Barr, (KY): 

Requires the agency submitting the report on a proposed Federal 

rule to include an assessment, as part of the cost-benefit analysis 

submitted to the Comptroller General and each House of Congress, 

of anticipated jobs gained or lost as a result of implementation, and 

to specify whether those jobs will come from the public or private 

sector. (10 minutes) 

4. Johnson, Hank (GA): Adds an exception to the bill for rules 

that the Administrator of the Office of Management and Budget determines would result in net job growth. (10 minutes) 

5. Capps (CA): Ensures that any rule intended to ensure the 

safety of natural gas or hazardous materials pipelines or prevent, 

mitigate, or reduce the impact of spills from such pipelines is not 

considered a ‘‘major rule’’ under the bill. (10 minutes) 

6. Cicilline (RI): Exempts rules pertaining to the protection of the 

public health or safety from the requirements of the Act. (10 minutes) 

7. Jackson Lee (TX): Provides a ‘‘special rule’’ pertaining to the 

safety of any products specifically designed to be used or consumed 

by a child under the age of 2 years (including cribs, car seats, and 

infant formula). (10 minutes) 


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8. Moore, Gwen (WI): Exempts rules issued by the Consumer Financial Protection Bureau from the requirements of the bill. (10 

minutes) 

9. Nadler (NY): Exempts from the bill’s congressional approval 

requirement any rule pertaining to nuclear reactor safety standards in order to prevent nuclear meltdowns like the one in 

Fukushima. (10 minutes) 

10. Pocan (WI), Moore, Gwen (WI): Exempts the Department of 

Veterans Affairs from the requirements of this legislation, in regards to rulemaking for the availability of affordable medication 

and effective healthcare management for veterans. (10 minutes) 

PART A—TEXT OF AMENDMENT CONSIDERED AS ADOPTED

Page 15, line 1, strike ‘‘(b)(1) A joint resolution’’ and insert the 

following: ‘‘(b) A joint resolution’’. 

Page 15, strike lines 4 through 9. 

PART B—TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE YOUNG OF

IOWA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 3, insert after ‘‘shall’’ the following: ‘‘publish in the 

Federal Register a list of information on which the rule is based, 

including data, scientific and economic studies, and cost-benefit 

analyses, and identify how the public can access such information 

online, and shall’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SMITH OF

MISSOURI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, beginning on line 12, strike ‘‘sections 804(2)(A), 

804(2)(B), and 804(2)(C)’’ and insert ‘‘clauses (i) through (iii) of section 804(2)(A) or within section 804(2)(B)’’. 

Page 18, beginning on line 11, strike ‘‘the Administrator’’, and insert ‘‘—’’ 

‘‘(A) the Administrator’’. 

Page 18, line 15, by redesignating subparagraph (A) as clause (i). 

Page 18, line 17, by redesignating subparagraph (B) as clause 

(ii). 

Page 18, line 21, by redesignating subparagraph (C) as clause 

(iii). 

Page 18, line 25, strike the period at the end and insert ‘‘; or’’. 

Page 18, insert after line 25 the following: 

‘‘(B) is made under the Patient Protection and Affordable 

Care Act (Pub. Law 111–148).’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SESSIONS

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 24, insert before the semicolon the following: ‘‘, including an analysis of any jobs added or lost, differentiating between public and private sector jobs’’. 


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4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOHNSON

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 18, line 10, insert after ‘‘means any rule’’ the following: 

‘‘(other than a special rule)’’. 

Page 19, line 2, insert before the period at the end the following: 

‘‘, and includes any special rule’’. 

Page 20, after line 8, insert the following: 

‘‘(6) The term ‘special rule’ means any rule that the Administrator of the Office of Information and Regulatory Affairs of the 

Office of Management and Budget determines would result in 

net job growth.’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CAPPS OF

CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 18, line 10, insert after ‘‘any rule’’ the following: ‘‘(other 

than a special rule)’’. 

Page 19, line 2, insert before the period at the end the following: 

‘‘, and includes a special rule’’. 

Page 20, insert after line 8 the following: 

‘‘(6) The term ‘special rule’ means any rule intended to ensure the safety of natural gas or hazardous material pipelines 

or prevent, mitigate, or reduce the impact of spills from such 

pipelines.’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CICILLINE

OF RHODE ISLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 18, line 10, insert after ‘‘means any rule’’ the following: 

‘‘(other than a special rule)’’. 

Page 19, line 2, insert before the period at the end the following: 

‘‘, and includes any special rule’’. 

Page 20, after line 8, insert the following: 

‘‘(6) The term ‘special rule’ means any rule relating to protection of the public health or safety.’’. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 18, line 10, insert after ‘‘any rule’’ the following: ‘‘(other 

than a special rule)’’. 

Page 19, line 2, insert before the period at the end the following: 

‘‘, and includes a special rule’’. 

Page 20, insert after line 8 the following: 

‘‘(6) The term ‘special rule’ means any rule that pertains to 

the safety of any products specifically designed to be used or 

consumed by a child under the age of 2 years (including cribs, 

car seats, and infant formula).’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOORE OF

WISCONSIN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 18, line 10, insert after ‘‘any rule’’ the following: ‘‘(other 

than a special rule)’’. 


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Page 19, line 2, insert before the period at the end the following: 

‘‘, and includes a special rule’’. 

Page 20, insert after line 8 the following: 

‘‘(6) The term ‘special rule’ means any rule made by the Director of the Consumer Financial Protection Bureau.’’. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NADLER OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 18, line 10, insert after ‘‘any rule’’ the following: ‘‘(other 

than a special rule)’’. 

Page 19, line 2, insert before the period at the end the following: 

‘‘, and includes a special rule’’. 

Page 20, insert after line 8 the following: 

‘‘(6) The term ‘special rule’ means any rule pertaining to nuclear reactor safety standards.’’. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POCAN OF

WISCONSIN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 18, line 10, insert after ‘‘any rule’’ the following: ‘‘(other 

than a special rule)’’. 

Page 19, line 2, insert before the period at the end the following: 

‘‘, and includes a special rule’’. 

Page 20, insert after line 8 the following: 

‘‘(6) The term ‘special rule’ means any rule that ensures the 

availability of affordable medication and effective healthcare 

management for veterans.’’. 

Æ 


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