H. Rept. 113-187 - 113th Congress (2013-2014)
July 31, 2013, As Reported by the Rules Committee

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House Report 113-187 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 367) 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 CONSIDERATION OF THE BILL (H.R. 2009) TO PROHIBIT THE SECRETARY OF THE TREASURY FROM ENFORCING THE PATIENT PROTECTION AND AFFORDABLE CARE ACT AND THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010; PROVIDING FOR PROCEEDINGS DURING THE PERIOD FROM AUGUST 3, 2013, THROUGH SEPTEMBER 6, 2013; AND PROVIDING




[House Report 113-187]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-187

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 367) 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 CONSIDERATION 
OF THE BILL (H.R. 2009) TO PROHIBIT THE SECRETARY OF THE TREASURY FROM 
ENFORCING THE PATIENT PROTECTION AND AFFORDABLE CARE ACT AND THE HEALTH 
     CARE AND EDUCATION RECONCILIATION ACT OF 2010; PROVIDING FOR 
PROCEEDINGS DURING THE PERIOD FROM AUGUST 3, 2013, THROUGH SEPTEMBER 6, 
   2013; AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2879) TO 
      PROVIDE LIMITATIONS ON BONUSES FOR FEDERAL EMPLOYEES DURING 
  SEQUESTRATION, TO PROVIDE FOR INVESTIGATIVE LEAVE REQUIREMENTS FOR 
     MEMBERS OF THE SENIOR EXECUTIVE SERVICE, TO ESTABLISH CERTAIN 
   PROCEDURES FOR CONDUCTING IN-PERSON OR TELEPHONIC INTERACTIONS BY 
  EXECUTIVE BRANCH EMPLOYEES WITH INDIVIDUALS, AND FOR OTHER PURPOSES

                                _______
                                

   July 31, 2013.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Cole, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 322]

    The Committee on Rules, having had under consideration 
House Resolution 322, by a record vote of 9 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. 367, the 
Regulations From the Executive in Need of Scrutiny 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 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 in the 
Committee of the Whole. The resolution waives all points of 
order against the amendments printed in Part B of this report. 
The resolution provides one motion to recommit with or without 
instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 2009, the Keep the IRS Off Your Health Care Act of 2013, 
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 and provides that it shall be considered as read. The 
resolution waives all points of order against provisions in the 
bill. The resolution provides one motion to recommit.
    Section 3 of the resolution provides that H. Res. 292 is 
laid on the table.
    Section 4 of the resolution provides that on any 
legislative day during the period from August 3, 2013, through 
September 6, 2013: the Journal of the proceedings of the 
previous day shall be considered as approved; the Chair may at 
any time declare the House adjourned to meet at a date and time 
within the limits of clause 4, section 5, article I of the 
Constitution, to be announced by the Chair in declaring the 
adjournment; and bills and resolutions introduced shall be 
numbered, listed in the Congressional Record, and when printed 
shall bear the date of introduction, but may be referred at a 
later time.
    Section 5 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 4 of the resolution 
as though under clause 8(a) of rule I.
    Section 6 of the resolution provides that each day during 
the period addressed by section 4 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 7 of the resolution provides that each day during 
the period addressed by section 4 of the resolution shall not 
constitute a legislative day for purposes of clause 7 of rule 
XIII (resolutions of inquiry).
    Section 8 of the resolution provides for consideration of 
H.R. 2879, the Stop Government Abuse Act, 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 Oversight and Government Reform. The resolution 
waives all points of order against consideration of the bill 
and provides that it shall be considered as read. The 
resolution waives all points of order against provisions in the 
bill. The resolution provides one motion to recommit.
    Section 9 of the resolution provides that upon passage of 
H.R. 2879, the following bills are laid on the table: H.R. 
1541, H.R. 2579, and H.R. 2711.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 367, 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 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.
    Although the resolution waives all points of order against 
the amendments to H.R. 367 printed in Part B of this report, 
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 
consideration of H.R. 2009, 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. 2009, 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 
consideration of H.R. 2879, 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. 2879, 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. 63

    Motion by Ms. Slaughter to report open rules for H.R. 367, 
H.R. 2009, and H.R. 2879. Defeated: 3-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................  ............
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 64

    Motion by Ms. Foxx to report the rule. Adopted: 9-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................          Nay
Mr. Cole........................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................  ............
Mr. Nugent......................................          Yea
Mr. Webster.....................................          Yea
Ms. Ros-Lehtinen................................          Yea
Mr. Burgess.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

        SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED

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

           SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

    1. Scalise (LA): Requires the Administration to receive 
approval from Congress before implementing a carbon tax. (10 
minutes)
    2. Davis, Rodney (IL), Peterson (MN): Adds a to the 
definition of what constitutes a ``major rule'' to include any 
interim final rule issued by the Environmental Protection 
Agency (EPA) that would have a significant impact on a 
substantial amount of agricultural entities (as determined by 
the Secretary of Agriculture). (10 minutes)
    3. Smith, Jason (MO): Requires congressional approval for 
all rules under the authority of the Affordable Care Act. (10 
minutes)
    4. Latham (IA): Clarifies that the report required to be 
submitted to Congress by Federal agencies promulgating a rule 
under the Act, must include a list of any other related 
regulatory actions taken by or that will be taken by any other 
Federal agency with authority to implement the same statutory 
provision or regulatory objective. (10 minutes)
    5. Sessions (TX), Davis, Rodney (IL), Barr, (KY), Wenstrup 
(OH), Coffman (CO): 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)
    6. 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. The amendment would ensure enhanced nuclear 
safety protection requirements can go into effect. (10 minutes)
    7. Johnson, Hank (GA): Exempts from the provisions of the 
bill any rule that the Office of Management and Budget 
determines would result in net job creation. (10 minutes)
    8. Jackson Lee (TX): Exempts from the bill's congressional 
approval requirement any rule promulgated by the Department of 
Homeland Security. (10 minutes)
    9. McKinley (WV): Reduces the annual effect on the economy 
of the term `major rule' from $100 million or more to $50 
million or more. (10 minutes)
    10. Cole (OK): Ensures that the impact on Tribal government 
agencies would be included in the determination of whether a 
rule constitutes a major rule. (10 minutes)
    11. Webster (FL): Prevents federal agencies from 
implementing significant policy changes without appropriate 
congressional review. Brings administrative rules having an 
economic impact of $100 million or more as scored by the Office 
of Management and Budget before Congress for a vote. (10 
minutes)
    12. Moore, Gwen (WI): Exempts rules pertaining to veterans 
from the additional requirements of this Act. (10 minutes)

            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  Page 17, line 1, strike ``(b)(1) A joint resolution'' and 
insert the following: ``(b) A joint resolution''.
  Page 17, strike lines 4 through 9.
                              ----------                              


                PART B--TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Scalise of Louisiana or 
                 His Designee, Debatable for 10 Minutes

    Page 5, line 17, insert after the period the following: 
``Moreover, as a tax on carbon emissions increases energy costs 
on consumers, reduces economic growth and is therefore 
detrimental to individuals, families and businesses, the REINS 
Act includes in the definition of a major rule, any rule that 
implements or provides for the imposition or collection of a 
tax on carbon emissions.''.
          Page 20, strike lines 10 through 14, and insert the 
        following:
          ``(2) The term `major rule' means any rule, including 
        an interim final rule, that the Administrator of the 
        Office of Information and Regulatory Affairs of the 
        Office of Management and Budget finds--
                  ``(A) has resulted in or is likely to result 
                in--''.
    Page 20, line 15, redesignate subparagraph (A) as clause 
(i).
    Page 20, line 17, redesignate subparagraph (B) as clause 
(ii).
    Page 20, line 21, redesignate subparagraph (C) as clause 
(iii).
    Page 20, line 25, strike the period and insert ``; or''.
    Page 20, insert after line 25 the following:
                  (B) is a rule that implements or provides for 
                the imposition or collection of a carbon tax.
    Page 22, insert after line 8 the following:
          ``(6) The term `carbon tax' means a fee, levy, or 
        price on--
                  ``(A) emissions, including carbon dioxide 
                emissions generated by the burning of coal, 
                natural gas, or oil; or
                  ``(B) coal, natural gas, or oil based on 
                emissions, including carbon dioxide emissions 
                that would be generated through the fuel's 
                combustion.''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Davis of Illinois or 
                 His Designee, Debatable for 10 Minutes

  Page 6, 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 20, beginning on line 11, strike ``the Administrator'', 
and insert ``--''
                  ``(A) the Administrator''.
  Page 20, line 15, by redesignating subparagraph (A) as clause 
(i).
  Page 20, line 17, by redesignating subparagraph (B) as clause 
(ii).
  Page 20, line 21, by redesignating subparagraph (C) as clause 
(iii).
  Page 20, line 25, strike the period at the end and insert ``; 
or''.
  Page 20, insert after line 25 the following:
                  ``(B) is made by the Administrator of the 
                Environmental Protection Agency and that would 
                have a significant impact on a substantial 
                number of agricultural entities, as determined 
                by the Secretary of Agriculture (who shall 
                publish such determination in the Federal 
                Register).''.
  Page 22, insert after line 8 the following:
          ``(6) The term `agricultural entity' means any entity 
        involved in or related to agricultural enterprise, 
        including enterprises that are engaged in the business 
        of production of food and fiber, ranching and raising 
        of livestock, aquaculture, and all other farming and 
        agricultural related industries.''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Smith of Missouri or 
                 His Designee, Debatable for 10 Minutes

  Page 6, 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 20, beginning on line 11, strike ``the Administrator'', 
and insert ``--''
                  ``(A) the Administrator''.
  Page 20, line 15, by redesignating subparagraph (A) as clause 
(i).
  Page 20, line 17, by redesignating subparagraph (B) as clause 
(ii).
  Page 20, line 21, by redesignating subparagraph (C) as clause 
(iii).
  Page 20, line 25, strike the period at the end and insert ``; 
or''.
  Page 20, insert after line 25 the following:
                  ``(B) is made under the Patient Protection 
                and Affordable Care Act (Pub. Law 111-148).''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Latham of Iowa or His 
                   Designee, Debatable for 10 Minutes

  Page 6, line 15, insert before ``intended to implement'' the 
following: ``taken by or that will be taken by the Federal 
agency promulgating the rule that are''.
  Page 6, line 17, strike ``and'' at the end.
  Page 6, after line 17, insert the following (and redesignate 
provisions accordingly):
                          ``(v) a list of any other related 
                        regulatory actions taken by or that 
                        will be taken by any other Federal 
                        agency with authority to implement the 
                        same statutory provision or regulatory 
                        objective that are intended to 
                        implement such provision or objective, 
                        of which the Federal agency 
                        promulgating the rule is aware, as well 
                        as the individual and aggregate 
                        economic effects of those actions; 
                        and''.
                              ----------                              


 5. An Amendment To Be Offered by Representative Sessions of Texas or 
                 His Designee, Debatable for 10 Minutes

  Page 6, line 24, insert before the semicolon the following: 
``, including an analysis of any jobs added or lost, 
differentiating between public and private sector jobs''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Nadler of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 20, line 10, insert after ``means any rule'' the 
following: ``(other than a special rule)''.
  Page 21, line 2, insert before the period at the end the 
following: ``, and includes any special rule''.
  Page 22, after line 8, insert the following:
          ``(6) The term `special rule' means any rule 
        pertaining to nuclear reactor safety standards.''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Page 20, line 10, insert after ``means any rule'' the 
following: ``(other than a special rule)''.
  Page 21, line 2, insert before the period at the end the 
following: ``, and includes any special rule''.
  Page 22, 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.''.
                              ----------                              


8. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 20, line 10, insert after ``means any rule'' the 
following: ``(other than a special rule)''.
  Page 21, line 2, insert before the period at the end the 
following: ``, and includes any special rule''.
  Page 22, after line 8, insert the following:
          ``(6) The term `special rule' means any rule that is 
        promulgated by the Department of Homeland Security.''.
                              ----------                              


   9. An Amendment To Be Offered by Representative McKinley of West 
           Virginia or His Designee, Debatable for 10 Minutes

  Page 20, line 16, strike ``$100,000,000'' and insert 
``$50,000,000''.
                              ----------                              


 10. An Amendment To Be Offered by Representative Cole of Oklahoma or 
                His Designee, Debatable for 10 Minutes.

  Page 20, line 18, insert after ``State,'' the following: 
``Tribal,''.
                              ----------                              


11. An Amendment To Be Offered by Representative Webster of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 21, beginning on line 4, strike ``except that such term 
does not include--'' and all that follows through line 18, and 
insert the following: ``except that such term does not include 
any rule of particular applicability, including a rule that 
approves or prescribes for the future rates, wages, prices, 
services, or allowances therefore, corporate or financial 
structures, reorganizations, mergers, or acquisitions thereof, 
or accounting practices or disclosures bearing on any of the 
foregoing.''
                              ----------                              


12. An Amendment To Be Offered by Representative Moore of Wisconsin or 
                 Her Designee, Debatable for 10 Minutes

  Page 23, line 19, insert after ``determines.'' the following 
(and amend the table of sections accordingly):

``Sec. 808. Exemption for certain rules

  ``Sections 801 through 807 of this chapter, as amended by the 
Regulations from the Executive in Need of Scrutiny Act of 2013 
shall not apply in the case of any rule that relates to 
veterans or veterans affairs. This chapter, as in effect before 
the enactment of the Regulations from the Executive in Need of 
Scrutiny Act of 2013, shall continue to apply, after such 
enactment, to any such rule, as appropriate.''.