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[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.

----------------------------------------------------------------------------------------------------------------
                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. 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.

----------------------------------------------------------------------------------------------------------------
                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. 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.''.

                                  
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