19–008 

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 miVerDate Mar 15 2010 06:51 Nov 30, 2011 Jkt 019008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR296.XXX HR296

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nority 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. 


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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 


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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) 


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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: 

‘‘§ 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)’’. 


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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: 

‘‘§ 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 


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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: 


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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: 


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‘‘§ 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: 

‘‘§ 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: 


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‘‘§ 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.’’. 

Æ 


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