H. Rept. 113-362 - 113th Congress (2013-2014)
February 26, 2014, As Reported by the Rules Committee

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House Report 113-362 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 899) TO PROVIDE FOR ADDITIONAL SAFEGUARDS WITH RESPECT TO IMPOSING FEDERAL MANDATES, AND FOR OTHER PURPOSES




[House Report 113-362]
[From the U.S. Government Printing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-362

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

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 899) TO PROVIDE FOR 
 ADDITIONAL SAFEGUARDS WITH RESPECT TO IMPOSING FEDERAL MANDATES, AND 
                           FOR OTHER PURPOSES

                                _______
                                

 February 26, 2014.--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. 492]

    The Committee on Rules, having had under consideration 
House Resolution 492, by a record vote of 9 to 4, 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. 899, the 
Unfunded Mandates Information and Transparency 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 Oversight and 
Government Reform. The resolution waives all points of order 
against consideration of the bill. The resolution provides that 
the bill shall be considered as read. The resolution waives all 
points of order against provisions in the bill. The resolution 
makes in order only those 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.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill 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. 899 did include a 
statement reflecting the performance goals, the statement was 
incomplete.
    Although the resolution waives all points of order against 
provisions in the bill, 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 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. 111

    Motion by Mr. Bishop of Utah to report the rule. Adopted: 
9-4.

----------------------------------------------------------------------------------------------------------------
                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.........................          Nay
Mr. Nugent......................................          Yea
Mr. Webster.....................................          Yea
Ms. Ros-Lehtinen................................          Yea
Mr. Burgess.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Cummings (MD): Strikes section 5 of the bill, which 
would eliminate the current exemption from the Unfunded Mandate 
Reform Act for certain independent agencies. (10 minutes)
    2. Connolly (VA): Ensures that other impacted entities, 
such as public interest organizations, are provided any 
opportunity for consultation afforded to the private sector 
under the Act. (10 minutes)
    3. Jackson Lee (TX): Adds Section 14 to the bill to clarify 
that the requirements of UMRA as amended by this Act do not 
apply if a cost-benefit analysis demonstrates that the benefits 
of the regulatory action exceed its costs. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

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

    Strike section 5.
                              ----------                              


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

    Page 13, line 6, strike ``and''.
    Page 14, line 16, strike the period at the end and insert 
``; and''.
    Page 14, after line 16, insert the following:
          (4) by adding at the end the following new 
        subsection:
    ``(d) Treatment of Other Impacted Parties.--Any opportunity 
for consultation afforded to impacted parties within the 
private sector under this section shall be afforded to 
representatives of all other impacted parties.''.
                              ----------                              


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

    At the end of the bill, add the following new section:

SEC. 14. INAPPLICABILITY OF UNFUNDED MANDATES REFORM ACT IF COST-
                    BENEFIT ANALYSIS SHOWS BENEFITS OF REGULATORY 
                    ACTION EXCEED COSTS.

    The Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 
2 U.S.C. 1511 et seq.), as amended by this Act, shall not apply 
to a regulatory action if a cost-benefit analysis demonstrates 
the benefits of the regulatory action exceed the costs of the 
regulatory action.