THE DAILY WHIP: TUESDAY, JULY 28, 2015

H.Res. 380 – Rule providing for consideration of H.R. 427 – Regulations from the Executive in Need of Scrutiny (REINS) Act of 2015 (Rep. Young (IN) – Judiciary) (One hour of debate).  The Rules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Judiciary.  The Rule allows for 10 amendments, debatable for 10 minutes equally divided between the offeror and an opponent.  The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation. 

The Rule also allows for same-day Rule authority and Suspension Authority through Thursday, July 30, 2015. Additionally, the Rule addresses procedures governing access to the Chamber for the Joint Meeting on September 24, 2015.  Members are urged to VOTE NO.

H.R. 427 – Regulations from the Executive in Need of Scrutiny (REINS) Act of 2015 (Rep. Young (IN) – Judiciary) (One hour of debate).  This bill modifies the federal rule-making process by requiring Congress to approve executive agency regulatory proposals that are deemed to be “major rules” (those with an economic impact greater than $100 million) – rather than allowing Congress to disapprove of those proposed rules and regulations, as is currently the case under the Congressional Review Act (CRA). This bill would seek to give Congress the responsibility of approving any rule proposed by the administration before it can go into effect.

By requiring Congressional approval of major rules, this measure would stifle Federal agency rulemaking, while undermining the ability of agencies to provide essential protections to Americans.  

The GOP Leadership continues to pursue an ideological agenda while not taking action on comprehensive immigration reform, reauthorization of the Export-Import Bank, a long-term solution for our Highway Trust Fund, completing the appropriations process or ending the sequester. With just a few days left before the August district work period, there is nothing on the schedule to address the numerous critical issues facing Congress. Instead, Republicans continue to waste more time on messaging bills. H.R. 427 would give the Republican Majority even more legislative responsibility than they currently have, which they have repeatedly demonstrated they are unable to handle.

Lastly, the White House has issued a SAP stating that the President’s senior advisors would recommend that he veto this bill.

The Rule makes in order 10 amendments debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Rep. Young (IA) Amendment. 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.
Rep. Smith (MO) Amendment. Requires congressional approval for all rules proposed under the authority of the Affordable Care Act.
Reps. Sessions/Davis (IL)/Wenstrup/Barr Amendment. 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.
Rep. Johnson (GA) Amendment. 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.
Rep. Capps Amendment. 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.
Rep. Cicilline Amendment.  Exempts rules pertaining to the protection of the public health or safety from the requirements of the Act.
Rep. Jackson-Lee Amendment. 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).
Rep. Moore Amendment. Exempts rules issued by the Consumer Financial Protection Bureau from the requirements of the bill.
Rep. Nadler Amendment. 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.
Reps. Pocan/Moore Amendment. 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.

Bill Text for H.R. 427:
PDF Version

Background for H.R. 427:
House Report (HTML Version)
House Report (PDF Version)

Postponed Suspensions (2 bills)

1. H.R. 1300– First Responder Anthrax Preparedness Act, as amended (Rep. King (NY) – Homeland Security)   
2. H.R. 675 – Veterans’ Compensation Cost-of-Living Adjustment Act of 2015 (Rep. Abraham – Veterans’ Affairs)           

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Wednesday, July 29: The House will meet at 12:00 p.m. for legislative business. The House is expected to consider H.R. 1994 – VA Accountability Act of 2015 (Rep. Miller (FL) – Veterans’ Affairs) (Subject to a Rule). **Members are advised that additional legislative items are possible on Wednesday.