SUMMARY OF LEGISLATIVE BUSINESS
Ordering the Previous Question on H.Res. 40 — “Providing for consideration of the bill (H.R. 78) to improve the consideration by the Securities and Exchange Commission of the costs and benefits of its regulations and orders; providing for consideration of the bill (H.R. 238) to reauthorize the Commodity Futures Trading Commission, to better protect futures customers, to provide end-users with market certainty, to make basic reforms to ensure transparency and accountability at the Commission, to help farmers, ranchers, and end-users manage risks, to help keep consumer costs low, and for other purposes; and for other purposes.”
ADOPTED 232 – 168, Roll Call No. 32 Amodei (Y), Kihuen (N), Rosen (N), Titus (N)
Republican YEA – 232; NAY – 0
Democrat YEA – 0; NAY – 168
H.Res. 40 — “Providing for consideration of the bill (H.R. 78) to improve the consideration by the Securities and Exchange Commission of the costs and benefits of its regulations and orders; providing for consideration of the bill () to reauthorize the Commodity Futures Trading Commission, to better protect futures customers, to provide end-users with market certainty, to make basic reforms to ensure transparency and accountability at the Commission, to help farmers, ranchers, and end-users manage risks, to help keep consumer costs low, and for other purposes; and for other purposes.”
ADOPTED 233 – 170, Roll Call No. 33 Amodei (Y), Kihuen (N), Rosen (N), Titus (N)
Republican YEA – 232; NAY – 1
Democrat YEA – 1; NAY – 169
H.R. 39 – “To amend title 5, United States Code, to codify the Presidential Innovation Fellows Program, and for other purposes.” – ON THE MOTION TO SUSPEND THE RULES AND PASS THE BILL
PASSED 386 – 17, Roll Call No. 34 Amodei (Y), Kihuen (Y), Rosen (Y), Titus (Y)
Republican YEA – 217; NAY – 17
Democrat YEA – 169; NAY – 0
Goodlatte (R-VA) – Amendment No. 1 – “Manager’s Amendment Revises section 2 of title II of the bill to restrain courts from making unwarranted findings of implied delegations of legislative rulemaking authority or reading ambiguous terms to extend agency authority expansively.”
ADOPTED 235 – 185, Roll Call No. 35 Amodei (Y), Kihuen (N), Rosen (N), Titus (N)
Republican YEA – 234; NAY – 0
Democrat YEA – 3; NAY – 185
Chaffetz (R-UT) – Amendment No. 2 – “Requires OMB’s Office of Information and Regulatory Affairs (OIRA) to issue within 270 days of the bill’s enactment government-wide guidelines for cost-benefit analysis, risk assessment, and guidance practices.” – ADOPTED BY VOICE
Chabot (R-OH) – Amendment No. 3 – “Requires agencies to include economic assessments or summaries thereof in certifications that proposed rules will not have a “significant economic impact on a substantial number of small entities;” ensures that any agency decision not to conduct full regulatory flexibility analysis under the Regulatory Flexibility Act is supported by data.” – ADOPTED BY VOICE
Velazquez (D-NY) – Amendment No. 4 – “Strikes title III of the bill and replaces it with a substitute set of less ambitious, incremental reforms to the Regulatory Flexibility Act.” – REJCTED BY VOICE
Peterson (D-MN) – Amendment No. 5 – “Prohibits agencies from engaging in biased advocacy to the public to solicit support or opposition to a proposed rule.”
ADOPTED 260 – 161, Roll Call No. 36 Amodei (Y), Kihuen (N), Rosen (N), Titus (N)
Republican YEA – 226; NAY – 7
Democrat YEA – 34; NAY – 154
Graves (R-LA) – Amendment No. 6 – “Strengthens the bill’s requirements for retrospective review of major rules by requiring retrospective review every five years; requires reports to Congress and reopening of major rule makings when reviews show actual costs of major rules exceed initially anticipated costs.” – ADOPTED BY VOICE
Young (R-IA) – Amendment No. 7 – “Requires White House good-guidance guidelines to foster the provision of grace periods of at least 90 days for regulated entities to implement measures consistent with new agency guidance.” – ADOPTED BY VOICE
Castor (D-FL) – Amendment No. 8 – “Ensures that any rule intended to protect public health and welfare is exempted from the requirements of the bill; strikes the bill’s provisions assuring full judicial review of rules and eliminating judicial deference to agency interpretations of statutes and regulations.”
REJECTED 189 – 231, Roll Call No. 37 Amodei (N), Kihuen (N), Rosen (N), Titus (N)
Republican YEA – 2; NAY – 229
Democrat YEA – 187; NAY – 2
Cicilline (D-RI) – Amendment No. 9 – “Exempts from the bill’s rule making reforms rules regarding transmission of food-borne illness and other food safety issues; strikes the bill’s provisions assuring full judicial review and eliminating judicial deference to agency interpretations of statutes and regulations.”
REJECTED 190 – 232, Roll Call No. 38 Amodei (N), Kihuen (Y), Rosen (Y), Titus (Y)
Republican YEA – 1; NAY – 232
Democrat YEA – 189; NAY – 0
Johnson (D-GA) – Amendment No. 10 – “Exempts from the bill’s rule making reforms rules that attempt to foster employment, retention, and higher wages for workplace participants, including those with significant barriers to employment, such as those with disabilities or limited English proficiency; strikes the bill’s provisions assuring full judicial review and eliminating judicial deference to agency interpretations of statutes and regulations.”
REJECTED 188 – 234, Roll Call No. 39 Amodei (N), Kihuen (Y), Rosen (Y), Titus (Y)
Republican YEA – 0; NAY – 233
Democrat YEA – 188; NAY – 1
Ruiz (D-CA) – Amendment No. 11 – “Exempts from the bill’s rule making reforms rules regarding the safety of children’s toys and other products; strikes the bill’s provisions assuring full judicial review and eliminating judicial deference to agency interpretations of statutes and regulations.”
REJECTED 190 – 233, Roll Call No. 40 Amodei (N), Kihuen (Y), Rosen (Y), Titus (Y)
Republican YEA – 2; NAY – 232
Democrat YEA – 188; NAY – 1
Scott (D-VA) – Amendment No. 12 – “Exempts from the bill’s central rule making reforms workplace health and safety rules, including rules to prevent traumatic injury, cancer or irreversible lung disease at mining facilities subject to the Federal Mine Safety and Health Act of 1977 or workplaces subject to the Occupational Safety and Health Act; strikes the bill’s provisions assuring full judicial review and eliminating judicial deference to agency interpretations of statutes and regulations.”
REJECTED 195 – 227, Roll Call No. 41 Amodei (N), Kihuen (Y), Rosen (Y), Titus (Y)
Republican YEA – 7; NAY – 226
Democrat YEA – 188; NAY – 1
Tonko (D-NY) – Amendment No. 13 – “Exempts from the bill’s rule making reforms rules made under the “Frank R. Lautenberg Chemical Safety Act for the 21st Century Act;” strikes the bill’s provisions assuring full judicial review and eliminating judicial deference to agency interpretations of statutes and regulations.”
REJECTED 188 – 235, Roll Call No. 42 Amodei (N), Kihuen (Y), Rosen (Y), Titus (Y)
Republican YEA – 0; NAY -234
Democrat YEA – 188; NAY – 1
Grijalva (D-AZ) – Amendment No. 14 – “Exempts forest and land management plans from the bill’s requirements in title III to perform regulatory flexibility analyses.”
REJECTED 185 – 236, Roll Call No. 43 Amodei (N), Kihuen (Y), Rosen (Y), Titus (Y)
Republican YEA – 0; NAY – 233
Democrat YEA –185; NAY – 3
Nadler (D-NY) – Amendment No. 15 – “Adds requirements that agencies discuss specifically in initial and final regulatory flexibility analyses direct and indirect benefits of new agency rules.” – NOT OFFERED
Posey (R-FL) – Amendment No. 16 – “Requires agencies to identify online significant scientific information and peer reviews relating to the bases for new rules in development.” – ADOPTED BY VOICE
Democrat Motion to Recommit
FAILED 190 – 233, Roll Call No. 44 Amodei (N), Kihuen (Y), Rosen (Y), Titus (Y)
Republican YEA – 0; NAY – 233
Democrat YEA – 190; NAY – 0
Final Passage of H.R. 5 – “To reform the process by which Federal agencies analyze and formulate new regulations and guidance documents, to clarify the nature of judicial review of agency interpretations, to ensure complete analysis of potential impacts on small entities of rules, and for other purposes.”
PASSED 238 – 183, Roll Call No. 45 Amodei (Y), Kihuen (N), Rosen (N), Titus (N)
Republican YEA – 233; NAY – 0
Democrat YEA – 5; NAY – 183