House Report 112-296 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3463) TO REDUCE FEDERAL SPENDING AND THE DEFICIT BY TERMINATING TAXPAYER FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS AND PARTY CONVENTIONS AND BY TERMINATING THE ELECTION ASSISTANCE COMMISSION; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 527) TO AMEND CHAPTER 6 OF TITLE 5, UNITED STATES CODE (COMMONLY KNOWN AS THE REGULATORY FLEXIBILITY ACT), TO ENSURE COMPLETE ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES OF RULES, AND FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3010) TO REFORM THE PROCESS BY WHICH FEDERAL AGENCIES ANALYZE AND FORMULATE NEW REGULATIONS AND GUIDANCE DOCUMENTS

[House Report 112-296]
[From the U.S. Government Publishing Office]

112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-296

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

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3463) TO REDUCE FEDERAL
SPENDING AND THE DEFICIT BY TERMINATING TAXPAYER FINANCING OF
PRESIDENTIAL ELECTION CAMPAIGNS AND PARTY CONVENTIONS AND BY
TERMINATING THE ELECTION ASSISTANCE COMMISSION; PROVIDING FOR
CONSIDERATION OF THE BILL (H.R. 527) TO AMEND CHAPTER 6 OF TITLE 5,
UNITED STATES CODE (COMMONLY KNOWN AS THE REGULATORY FLEXIBILITY ACT),
TO ENSURE COMPLETE ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES OF
RULES, AND FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF THE
BILL (H.R. 3010) TO REFORM THE PROCESS BY WHICH FEDERAL AGENCIES
ANALYZE AND FORMULATE NEW REGULATIONS AND GUIDANCE DOCUMENTS

_______

November 29, 2011.--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. 477]

The Committee on Rules, having had under consideration
House Resolution 477, by a record vote of 7-3, 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. 3463, to
reduce Federal spending and the deficit by terminating taxpayer
financing of presidential election campaigns and party
conventions and by terminating the Election Assistance
Commission, under a closed rule. The resolution provides one
hour of debate in the House equally divided and controlled by
the chair and ranking minority member of the Committee on House
Administration. 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
provides for one motion to recommit.
The resolution further provides for consideration of H.R.
527, the Regulatory Flexibility Improvements Act of 2011, under
a structured rule. The resolution provides one hour of general
debate with 40 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on the
Judiciary and 20 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on Small
Business. 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 the Rules
Committee Print of H.R. 527 dated November 18, 2011 and
provides that it be considered as read. The rule waives all
points of order against the Rules Committee Print. The
resolution makes in order only those amendments to H.R. 527
printed in part A of 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 part A.
The resolution provides one motion to recommit with or without
instructions.
The resolution further provides for consideration of H.R.
3010, the Regulatory Accountability Act of 2011, 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 the amendment in the nature of a
substitute recommended by the Committee on the Judiciary now
printed in the bill and provides that it be considered as read.
The resolution waives all points of order against the committee
amendment in the nature of a substitute. The resolution makes
in order only those amendments to H.R. 3010 printed in part B
of 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 the 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 part B of the Rules
Committee Report. The resolution provides one motion to
recommit with or without instructions.
Finally, the resolution authorizes the Speaker to entertain
motions that the House suspend the rules at any time through
the legislative day of Friday, December 2, 2011, relating to a
measure addressing railway labor.

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against
consideration of H.R. 3463, 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. 3463, 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
consideration of H.R. 527, 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 amendment in the nature of a substitute to H.R. 527
consisting of the text of the Rules Committee Print dated
November 18, 2011, 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 to H.R. 527 printed in part A of this report,
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
consideration of H.R. 3010, 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 committee amendment in the nature of a substitute to H.R.
3010, 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 to H.R. 3010 printed in part B of 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. 160

Motion by Mr. McGovern to report an open rule for H.R.
3463, H.R. 527 and H.R. 3010. Defeated: 3-7.

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Nay Mr. McGovern...................... Yea
Ms. Foxx........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Bishop of Utah.............................. Nay Mr. Polis......................... Yea
Mr. Woodall..................................... Nay
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 161

Motion by Mr. McGovern to make in order and provide the
necessary waivers for amendment #1 to H.R. 3463, offered by
Rep. McGovern (MA), which would end taxpayer subsidies to oil
companies. Defeated: 3-7.

Rules Committee record vote No. 162

Motion by Mr. Hastings (FL) to make in order and provide
the necessary waivers for amendment #7 to H.R. 3010 offered by
Mr. Johnson (GA), which would create an exemption for any rule
or guidance that would result in net job creation. Defeated: 3-
7.

Rules Committee record vote No. 163

Motion by Ms. Foxx to report the rule. Adopted: 7-3.

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Yea Mr. McGovern...................... Nay
Ms. Foxx........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Bishop of Utah.............................. Yea Mr. Polis......................... Nay
Mr. Woodall..................................... Yea
Mr. Nugent...................................... Yea
Mr. Scott of South Carolina..................... Yea
Mr. Webster..................................... Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF AMENDMENTS IN PART A MADE IN ORDER

1. Critz (PA): Would require the estimated cumulative
impact on small businesses of any other rule stemming from the
implementation of the Free Trade Agreements. (10 minutes)
2. Jackson Lee (TX): Would exempt all rules promulgated by
the Department of Homeland Security. (10 minutes)
3. Cohen (TN): Would exempt from the bill any rule that
relates to food safety, workplace safety, consumer products
safety, air or water quality. (10 minutes)
4. Peters (MI): Would exempt from the bill all rules that
OMB determines would result in net job creation. (10 minutes)
5. Jackson Lee (TX): Would require a GAO report to
determine the cost of carrying out the Act and the effect it
will have on federal agency rule making. In addition, the
report would need to contain information on the impact of
repealing the ability of an agency to waive provisions in the
Regulatory Flexibility Act when responding to an emergency. (10
minutes)
6. Johnson, Hank (GA): Would create an exception for any
rule making to carry out the FDA Food Safety Modernization Act.
(10 minutes)

SUMMARY OF AMENDMENTS IN PART B MADE IN ORDER

1. Moore, Gwen (WI): Would clarify that an agency shall
take into account whether a problem disproportionately impacts
certain vulnerable subpopulations (including veterans, low-
income individuals and families, and the elderly), and whether
such an impact would be mitigated by new agency action. (10
minutes)
2. Olson (TX): Would clarify that cumulative costs and
benefits and estimated impacts on jobs shall include an
estimate of the net gain or loss in domestic jobs. (10 minutes)
3. Jackson Lee (TX): Would clarify that the agency would
retain the discretion to determine whether to provide advanced
notice, not later than 90 days, of a proposed rule prior to it
being published in the Federal Register. (10 minutes)
4. Jackson Lee (TX): Would strike a section of the Act,
which would allow any member of the public to petition for a
hearing to determine whether the proposed rule fails to comply
with the Information Quality Act, if the sole purpose of the
petition is to unduly delay the implementation of a rule. (10
minutes)
5. Connolly (VA): Would clarify that regulations to protect
public health and safety would not be blocked or repealed by
H.R. 3010. (10 minutes)
6. Nadler (NY): Would exempt from the Act actions by the
Nuclear Regulatory Commission under the Atomic Energy Act. (10
minutes)
7. Jackson Lee (TX): Would exempt all rules promulgated by
the Department of Homeland Security. (10 minutes)

PART A--TEXT OF AMENDMENTS MADE IN ORDER

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

Page 10, line 26, insert ``, or the cumulative impact of any
other rule stemming from the implementation of the Free Trade
Agreements,'' before ``on small entities''.

----------

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

Page 23, add the following after line 24 and redesignate
succeeding sections (and references thereto) accordingly:

SEC. 9. EXEMPTION FOR CERTAIN RULES.

(a) In General.--Chapter 6 of title 5, United States Code, is
amended by adding at the end the following new section:

``Sec. 613. Exemption for certain rules

``Sections 601 through 612, as amended by the Regulatory
Flexibility Improvements Act of 2011, shall not apply in the
case of any rule promulgated by the Department of Homeland
Security. The provisions of this chapter, as in effect before
the enactment of the Regulatory Flexibility Improvements Act of
2011, shall continue to apply, after such enactment, to any
rule described in the preceding sentence.''.
(b) Clerical Amendment.--The table of sections for chapter 6
of title 5, United States Code, is amended by adding after the
item relating to section 612 the following new item:

``613. Exemption for certain rules.''.

Page 24, line 13, insert after ``5'' the following: ``(other
than rules to which section 613 of title 5 applies)''.

Page 27, lines 5 and 6, strike ``The agency shall'' and
insert the following:

``(A) In general.--Subject to subparagraph
(B), the agency shall''.

Page 27, line 18, strike the quotation marks and second
period.

Page 27, add the following after line 18:

``(B) Treatment of certain rules.--In the
case of any rule promulgated by the Department
of Homeland Security, this paragraph as in
effect before the enactment of the Regulatory
Flexibility Improvements Act of 2011, shall
continue to apply, after such enactment, to any
such rule, in lieu of subparagraph (A).''.

----------

3. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes

Page 23, add the following after line 24 and redesignate
succeeding sections (and references thereto) accordingly:

SEC. 9. EXEMPTION FOR CERTAIN RULES.

(a) In General.--Chapter 6 of title 5, United States Code, is
amended by adding at the end the following new section:

``Sec. 613. Exemption for certain rules

``Sections 601 through 612, as amended by the Regulatory
Flexibility Improvements Act of 2011, shall not apply in the
case of any rule that relates to the safety of food, the safety
of the workplace, air quality, the safety of consumer products,
or water quality. The provisions of this chapter, as in effect
before the enactment of the Regulatory Flexibility Improvements
Act of 2011, shall continue to apply, after such enactment, to
any rule described in the preceding sentence.''.
(b) Clerical Amendment.--The table of sections for chapter 6
of title 5, United States Code, is amended by adding after the
item relating to section 612 the following new item:

``613. Exemption for certain rules.''.

Page 24, line 13, insert after ``5'' the following: ``(other
than rules to which section 613 of title 5 applies)''.

Page 27, lines 5 and 6, strike ``The agency shall'' and
insert the following:

``(A) In general.--Subject to subparagraph
(B), the agency shall''.

Page 27, line 18, strike the quotation marks and second
period.

Page 27, add the following after line 18:

``(B) Treatment of certain rules.--In the
case of any rule that relates to the safety of
food, the safety of the workplace, air quality,
the safety of consumer products, or water
quality, this paragraph as in effect before the
enactment of the Regulatory Flexibility
Improvements Act of 2011, shall continue to
apply, after such enactment, to any such rule,
in lieu of subparagraph (A).''.

----------

4. An Amendment To Be Offered by Representative Peters of Michigan or
His Designee, Debatable for 10 Minutes

Page 27, insert after line 18 the following:

SEC. 12. EXCEPTION FOR CERTAIN RULES.

Chapter 6 of title 5, United States Code, 212(a)(5) the Small
Business Regulatory Enforcement Fairness Act of 1996, section
2341 of title 28, United States Code, and section 2342 of such
title, as amended by this Act, shall not apply in the case of
any proposed rule, final rule, or guidance that the Director of
the Office of Management and Budget determines will result in
net job creation. Chapter 6 of title 5, United States Code,
212(a)(5) the Small Business Regulatory Enforcement Fairness
Act of 1996, section 2341 of title 28, United States Code, and
section 2342 of such title, as in effect before the enactment
of this Act shall apply to such proposed rules, final rules, or
guidance, as appropriate.

Page 1, in the matter preceding line 6, insert after the item
relating to section 11 the following:

Sec. 12. Exception for certain rules.

----------

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

Add, at the end of the bill, the following:

SEC. 12. GAO REPORT.

Not later than 2 years after the date of enactment of this
Act, the Comptroller General shall submit to the Congress a
report on the cost effectiveness of the amendments made by this
Act. Such report shall include the following:
(1) A list of all additional costs and resources that
each agency will have to expend to carry out this Act
and the amendments made by this Act.
(2) The effect of this Act and the amendments made by
this Act on the efficiency of the rule making process
(including the amount of time required to make and
implement a new rule).
(3) To what extent this Act or the amendments made by
this Act will impact the making and implementation of
new rules in the event of an emergency.
(4) The overall effectiveness of this Act or the
amendments made by this Act (including the extent to
which agencies are in compliance with the Act or the
amendments to the Act).

----------

6. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes

Add at the end of the bill the following:

SEC. 12. APPLICATION WITH REGARD TO CERTAIN STATUTE.

None of the amendments made by this Act shall apply to any
rule making to carry out the FDA Food Safety Modernization Act
(21 U.S.C. 2201 note).

----------

PART B--TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes

Page 6, after line 20, insert the following and redesignate
provisions accordingly:

``(4) Whether the problem the agency may address with
agency action disproportionately impacts certain
vulnerable subpopulations including individuals whose
income is below 200% of the poverty line, individuals
who are aged 65 and older, and individuals who are
veterans, and whether that impact would be mitigated
through new agency action.''.

----------

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

Page 8, line 3, insert after ``estimated impacts on jobs''
the following: ``(including an estimate of the net gain or loss
in domestic jobs)''.

----------

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

Page 8, line 19, strike ``shall'' and insert ``may, if the
agency determines appropriate,''.

----------

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

Beginning on page 14, line 22, strike all that follows
through page 15, line 2, and redesignate provisions
accordingly.

----------

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

Page 34, insert after line 19 the following, and redesignate
provisions accordingly:

SEC. 9. EXEMPTION FOR CERTAIN RULES AND GUIDANCE.

(a) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 553a (as inserted by section
4 of this Act) the following new section:

``Sec. 553b. Exemption for certain rules and guidance

``Sections 551, 553, 556, 701(b), 704, and 706, as amended by
the Regulatory Accountability Act of 2011, and section 553a
shall not apply in the case of any proposed rule, final rule,
or guidance that relates to the safety of food, the safety of
the workplace, air quality, the safety of consumer products, or
water quality. Sections 551, 553, 556, 701(b), 704, and 706, as
in effect before the enactment of the Regulatory Accountability
Act of 2011, shall continue to apply, after such enactment, to
any such proposed rule, final rule, or guidance, as
appropriate.''.
(b) Clerical Amendment.--The table of sections for chapter 5
of title 5, United States Code, is amended by inserting after
the item relating to section 553 the following new item:

``553b. Exemption for certain rules and guidance.''.

----------

6. An Amendment To Be Offered by Representative Nadler of New York or
His Designee, Debatable for 10 Minutes

Page 34, insert after line 20 the following, and redesignate
provisions accordingly:

SEC. 9. EXEMPTION FOR CERTAIN RULES AND GUIDANCE.

(a) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 553a (as inserted by section
4 of this Act) the following new section:

``Sec. 553b. Exemption for certain rules and guidance

``Sections 551, 553, 556, 701(b), 704, and 706, as amended by
the Regulatory Accountability Act of 2011, and section 553a
shall not apply in the case of any proposed rule, final rule,
or guidance made by the Nuclear Regulatory Commission under the
Atomic Energy Act (42 U.S.C. 2011, et seq.). Sections 551, 553,
556, 701(b), 704, and 706, as in effect before the enactment of
the Regulatory Accountability Act of 2011, shall apply to such
proposed rules, final rules, or guidance, as appropriate.''.
(b) Clerical Amendment.--The table of sections for chapter 5
of title 5, United States Code, is amended by inserting after
the item relating to section 553 the following new item:

``553b. Exemption for certain rules.''.

----------

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

Page 34, insert after line 20 the following, and redesignate
provisions accordingly:

SEC. 9. EXEMPTION FOR CERTAIN RULES AND GUIDANCE.

(a) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 553a (as inserted by section
4 of this Act) the following new section:

``Sec. 553b. Exemption for certain rules and guidance

``Sections 551, 553, 556, 701(b), 704, and 706, as amended by
the Regulatory Accountability Act of 2011, and section 553a
shall not apply in the case of any proposed rule, final rule,
or guidance made by the Secretary of Homeland Security.
Sections 551, 553, 556, 701(b), 704, and 706, as in effect
before the enactment of the Regulatory Accountability Act of
2011, shall apply to such proposed rules, final rules, or
guidance, as appropriate.''.
(b) Clerical Amendment.--The table of sections for chapter 5
of title 5, United States Code, is amended by inserting after
the item relating to section 553 the following new item:

``553b. Exemption for certain rules.''.