[House Report 112-6]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-6
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DIRECTING CERTAIN STANDING COMMITTEES TO INVENTORY AND REVIEW EXISTING,
PENDING, AND PROPOSED REGULATIONS AND ORDERS FROM AGENCIES OF THE
FEDERAL GOVERNMENT, PARTICULARLY WITH RESPECT TO THEIR EFFECT ON JOBS
AND ECONOMIC GROWTH
_______
February 8, 2011.-- Referred to the House Calendar and ordered to be
printed
_______
Mr. Dreier, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 72]
The Committee on Rules, to whom was referred the resolution
(H. Res. 72) directing certain standing committees to inventory
and review existing, pending, and proposed regulations and
orders from agencies of the Federal Government, particularly
with respect to their effect on jobs and economic growth,
having considered the same, report favorably thereon and
recommend that the resolution be agreed to, with an amendment.
AMENDMENT
The amendment is as follows:
Strike all after the resolved clause and insert the
following:
That each standing committee designated in section 3 of this
resolution shall inventory and review existing, pending, and
proposed regulations, orders, and other administrative actions
or procedures by agencies of the Federal Government within such
committee's jurisdiction. In completing such inventory and
review, each committee shall consider the matters described in
section 2. Each committee shall conduct such hearings and other
oversight activities as it deems necessary in support of the
inventory and review, and shall identify in any report filed
pursuant to clause 1(d) of rule XI for the first session of the
112th Congress any oversight or legislative activity conducted
in support of, or as a result of, such inventory and review.
SEC. 2. MATTERS FOR CONSIDERATION.
In completing the review and inventory described in the first
section of this resolution, each committee shall identify
regulations, executive and agency orders, and other
administrative actions or procedures that--
(1) impede private-sector job creation;
(2) discourage innovation and entrepreneurial
activity;
(3) hurt economic growth and investment;
(4) harm the Nation's global competitiveness;
(5) limit access to credit and capital;
(6) fail to utilize or apply accurate cost-benefit
analyses;
(7) create additional economic uncertainty;
(8) are promulgated in such a way as to limit
transparency and the opportunity for public comment,
particularly by affected parties;
(9) lack specific statutory authorization;
(10) undermine labor-management relations;
(11) result in large-scale unfunded mandates on
employers without due cause;
(12) impose undue paperwork and cost burdens on small
businesses; or
(13) prevent the United States from becoming less
dependent on foreign energy sources.
SEC. 3. COMMITTEES.
The committees referred to in the first section of this
resolution are as follows--
(1) The Committee on Agriculture;
(2) The Committee on Education and the Workforce;
(3) The Committee on Energy and Commerce;
(4) The Committee on Financial Services;
(5) The Committee on the Judiciary;
(6) The Committee on Natural Resources;
(7) The Committee on Oversight and Government Reform;
(8) The Committee on Small Business;
(9) The Committee on Transportation and
Infrastructure; and
(10) The Committee on Ways and Means.
PURPOSE AND SUMMARY
H. Res. 72 directs the Committees on Agriculture, Education
and the Workforce, Energy and Commerce, Financial Services, the
Judiciary, Natural Resources, Oversight and Government Reform,
Small Business, Transportation and Infrastructure, and Ways and
Means to inventory and review existing, pending, and proposed
regulations and orders from agencies of the Federal Government,
particularly with respect to their effect on jobs and economic
growth.
BACKGROUND AND NEED FOR LEGISLATION
The Federal Government produces an average of 4,000 final
regulations each year with about 500-700 reviewed by the White
House. Of those reviewed, between 45 and 75 have significant
economic impacts. The Small Business Administration estimates
that government regulations cost the economy $1.75 trillion per
year, nearly double the amount of individual income taxes
collected last year. The Heritage Foundation approximates that
43 rules released in Fiscal Year (FY) 2010 will cost $28
billion annually--a record increase. In FY 2010 only five
significant regulations reduced burdens and of those, only two
reduced costs for a total savings of $1.5 billion. That is a
$26.5 billion net increase in the cost of regulatory burdens in
FY 2010. Without action, the cost and burden of regulations
will continue to grow in 2011 as agencies further promulgate
new rules related to energy, health care and financial
services.
On January 18, 2011, President Obama issued Executive Order
13563, which instructs Federal agencies to facilitate the
periodic review of existing regulations to determine whether
any such regulations should be modified, streamlined, expanded,
or repealed so as to make the agency's regulatory program more
effective or less burdensome.
Congress must also use its authority to repeal costly and
unnecessary existing regulations that impede private-sector job
creation, discourage innovation and entrepreneurial activity,
and hurt economic growth and investment. In an effort to launch
the committee process and take the steps necessary to stem the
growth of and reduce unnecessary and costly regulations, Mr.
Sessions introduced H. Res. 72 on February 8, 2011. In
conjunction with the President's initiative, the House of
Representatives can take the steps necessary to create a more
cost-effective and transparent regulatory system that supports
long-term private-sector job creation and economic growth.
HEARINGS
No hearings were held on this measure.
COMMITTEE CONSIDERATION
The Committee on Rules met on February 8, 2011 in open
session and ordered H. Res. 72 favorably reported to the House
with an amendment by a voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. No
record votes were taken during consideration of this measure. A
motion by Ms. Foxx to report the bill to the House as amended
with a favorable recommendation was agreed to by a voice vote.
An amendment by Mr. Bishop to add another matter for
committees to consider related to dependence of the United
States on foreign energy sources was agreed to by a voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee made findings that are
reflected in this report.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee states, with
respect to H.Res. 72, that the Director of the Congressional
Budget Office did not submit a cost estimate and comparison
under section 402 of the Congressional Budget Act of 1974.
PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee finds that this measure
does not authorize funding within the meaning of the rule.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
First Section
The first section of the resolution directs standing
committees listed in section 3 to inventory and review
existing, pending, and proposed regulations, orders, and other
administrative actions or procedures by agencies of the Federal
Government within their jurisdiction. Each committee must
conduct hearings and other oversight activities it deems
necessary and identify any oversight or legislative activity
conducted in support of, or as a result of, the inventory and
review, in its semiannual activities reports submitted to the
House in the first session of the 112th Congress.
Section 2
Section 2 provides that in completing the review and
inventory, each committee must identify regulations, executive
and agency orders, and other administrative actions or
procedures that--
Impede private-sector job creation;
Discourage innovation and entrepreneurial
activity;
Hurt economic growth and investment;
Harm the Nation's global competitiveness;
Limit access to credit and capital;
Fail to utilize or apply accurate cost-
benefit analyses;
Create additional economic uncertainty;
Are promulgated in such a way as to limit
transparency and the opportunity for public comment,
particularly by affected parties;
Lack specific statutory authorization;
Undermine labor management relations;
Result in large-scale unfunded mandates on
employers without due cause;
Impose undue paperwork and cost burdens on
small businesses; or
Prevent the United States from becoming less
dependent on foreign energy sources.
Section 3
This section specifies the committees required to complete
the activities under the resolution, including the Committee on
Agriculture, Committee on Education and the Workforce,
Committee on Energy and Commerce, Committee on Financial
Services, Committee on the Judiciary, Committee on Natural
Resources, Committee on Oversight and Government Reform,
Committee on Small Business, Committee on Transportation and
Infrastructure, and the Committee on Ways and Means.
CHANGES IN EXISTING HOUSE RULES MADE BY H. RES. 72,
AS REPORTED
In compliance with clause 3(g) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.
Res. 72 does not propose to repeal or amend a standing rule of
the House.