THE DAILY WHIP: WEDNESDAY, FEBRUARY 4, 2015

H.Res. 78 – Rule Providing for Consideration of both H.R. 50 – Unfunded Mandates Information and Transparency Act of 2015 (Rep. Foxx – Oversight and Government Reform) and H.R. 527 – Small Business Regulatory Flexibility Improvements Act of 2015 (Rep. Chabot – Judiciary) (One Hour of Debate).  The Rules Committee has recommended one Rule which provides for consideration of two bills.

For H.R. 50, 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 Oversight and Government Reform.  The Rule allows for 3 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.

For H.R. 527, the Rules committee has recommended a structured Rule that provides for one hour of general debate, with 40 minutes equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary and 20 minutes equally divided and controlled by the Chair and Ranking Member of the Committee on Small Business. The Rule allows for 6 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 Rules Committee rejected a motion by Mr. McGovern of Massachusetts to consider both bills under an open Rule. Members are urged to VOTE NO.

H.R. 50 – Unfunded Mandates Information and Transparency Act of 2015 (Rep. Foxx – Oversight and Government Reform) (One Hour of Debate). This bill amends the Congressional Budget Act and the Unfunded Mandates Reform Act (UMRA) to give the private sector advantage over the public as it relates to federal mandates that protect public health, safety, and the environment.

The bill would make several significant changes to UMRA. It eliminates the current reporting exemption held by independent regulatory agencies, like the Securities and Exchange Commission and the Consumer Product Safety Commission.  It would also require federal agencies to consult with private corporations (but not other stakeholders or the public) before proposing any new rules—giving corporations an unfair advantage and stripping the public of its voice in the rulemaking process.

The bill would also amend the Congressional Budget Act, requiring the Congressional Budget Office (CBO), at the request of a committee Chairman or Ranking Member, to conduct analyses into the direct cost of promulgated rules on state, local, and tribal governments—also including forgone business profits as a “direct cost.” It would further subject rules that would increase the direct cost of private sector mandates to points of order beyond limits established by UMRA.

The Rule makes in order 3 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Reed Amendment. Requires an assessment of the effects that a proposed or final rule are expected to have on private property owners, including the use and value of affected property.
Cummings Amendment. Strikes section 12 of the bill. That section would require federal agencies to conduct a retrospective cost-benefit analysis of any regulation at the request of the Chairman or Ranking Member of a Congressional Committee.
Connolly Amendment. Provides that in the event that the average annual rate of real gross domestic product (GDP) growth remains below 5 percent over the first four calendar quarters occurring after the date of enactment of H.R. 50, then the amendments made by H.R. 50 are repealed.

Bill Text for H.R. 50:
PDF Version

Background for H.R. 50:
House Report (HTML Version)
House Report (PDF Version)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, February 5: The House will meet at 9:00 a.m. for legislative business. The House is expected to consider H.R. 527 – Small Business Regulatory Flexibility Improvements Act of 2015 (Rep. Chabot – Judiciary).