H. Rept. 113-361 - 113th Congress (2013-2014)

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House Report 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 CO

[House Report 113-361]
[From the U.S. Government Publishing Office]


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 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

----------------------------------------------------------------------------------------------------------------
                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)

             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.