I 

112TH CONGRESS 

2D SESSION H. R. 5720 

To establish procedures for the presentation and expedited consideration by 

Congress of the recommendations in the Federal Regulatory Reform 

Report prepared by the Office of Information and Regulatory Affairs, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2012 

Mr. CARNEY (for himself, Mr. PETERS, Mr. RENACCI, Mr. OWENS, Mr. MEEHAN, and Mr. DOLD) introduced the following bill; which was referred to 

the Committee on Oversight and Government Reform, and in addition to 

the Committee on Rules, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish procedures for the presentation and expedited 

consideration by Congress of the recommendations in 

the Federal Regulatory Reform Report prepared by the 

Office of Information and Regulatory Affairs, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regulatory Reform Act 

5 of 2012’’. 


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1 SEC. 2. FEDERAL REGULATORY REFORM REPORT. 

2 (a) IN GENERAL.—Subchapter I of chapter 35 of title 

3 44, United States Code, is amended by— 

4 (1) redesignating section 3521 as section 3522; 

5 and 

6 (2) by inserting after section 3520 the following 

7 new section: 

8 ‘‘§ 3521. Federal Regulatory Reform Report 

9 ‘‘(a) REPORT REQUIRED.—Not later than October 1 

10 every four years, beginning with the first year following 

11 the date of the enactment of the Regulatory Reform Act 

12 of 2012, the Administrator of the Office of Information 

13 and Regulatory Affairs shall make available on a publicly 

14 available website and submit to Congress a report on Fed15 eral regulatory reform (in this section referred to as the 

16 ‘Federal Regulatory Reform Report’). 

17 ‘‘(b) CONTENTS OF REPORT.—The Federal Regu18 latory Reform Report shall contain the following: 

19 ‘‘(1) A list of rules that are determined to be 

20 outmoded, duplicative, ineffective, or excessively bur21 densome. 

22 ‘‘(2) A list of recommendations to consolidate, 

23 modify, simplify, or repeal such rules to make such 

24 rules more effective or less burdensome. 

25 ‘‘(3) A description of the justification for (in26 cluding supporting data) and impact of the recVerDate Mar 15 2010 05:28 May 13, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5720.IH H5720

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1 ommendations described in paragraph (2), as appro2 priate and available. 

3 ‘‘(4) For any rule listed under paragraph (2), 

4 an analysis of how the costs outweigh the benefits 

5 for such rule. The benefits for such analysis shall in6 clude environmental and public health considerations 

7 and other considerations with regard to the benefits 

8 that the Administrator determines are appropriate. 

9 ‘‘(c) RESOURCES FOR REPORT.—The Administrator 

10 shall use any of the following sources to prepare the Fed11 eral Regulatory Reform Report: 

12 ‘‘(1) Agency action plans. 

13 ‘‘(2) Executive Order 12866 (5 U.S.C. 601 

14 note; relating to regulatory planning and review). 

15 ‘‘(3) Executive Order 13563 (76 Fed. Reg. 

16 3812; relating to improving regulation and regu17 latory review). 

18 ‘‘(4) The Office of Management and Budget 

19 Circular A–4. 

20 ‘‘(5) The Office of Management and Budget 

21 Annual report to Congress required by section 

22 624(a) of Public Law 106–554 (31 U.S.C. 1105 

23 note). 

24 ‘‘(6) Any other appropriate report, analysis, 

25 and review of the executive and legislative branch. 


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1 ‘‘(d) NOTICE AND COMMENT.—At least 60 days be2 fore submission of the Federal Regulatory Reform Report 

3 required under subsection (a), the Administrator of the 

4 Office of Information and Regulatory Affairs shall publish 

5 the report in the Federal Register for public notice and 

6 comment. The Administrator may modify the report in re7 sponse to any comments received before submission of the 

8 report to Congress. 

9 ‘‘(e) CONSULTATION REQUIRED.—The Administrator 

10 of the Office of Information and Regulatory Affairs shall 

11 consult with the President, the Director of the Office of 

12 Management and Budget, the Chief Performance Officer 

13 of the Office of Management and Budget, and the relevant 

14 committees of jurisdiction of the House of Representatives 

15 and the Senate before the submission of the Federal Regu16 latory Reform Report required under subsection (a). 

17 ‘‘(f) PRESENTATION OF FEDERAL REGULATORY RE18 FORM REPORT TO CONGRESS AND EXPEDITED CONSID19 ERATION.— 

20 ‘‘(1) IN GENERAL.—The President shall pro21 pose, at the time and in the manner provided in 

22 paragraph (2), the carrying out of all or part of the 

23 recommendations contained in the most recent Fed24 eral Regulatory Reform Report prepared by the Of25 fice of Information and Regulatory Affairs. 


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1 ‘‘(2) TRANSMITTAL OF SPECIAL MESSAGE.— 

2 Not later than 120 days after the submission of a 

3 Federal Regulatory Reform Report under subsection 

4 (a), the President shall transmit to Congress a spe5 cial message to carry out all or part of the rec6 ommendations contained in that Federal Regulatory 

7 Reform Report. The President shall include with 

8 that special message a bill that would carry out the 

9 recommendations. The President may not transmit 

10 more than one such special message each year. 

11 ‘‘(3) EXPEDITED CONSIDERATION OF PRESI12 DENT’S REGULATORY REFORM BILL.— 

13 ‘‘(A) REGULATORY REFORM BILL.—Within 

14 14 days after the President submits to Con15 gress a bill under paragraph (2), the majority 

16 leader of the House of Representatives and the 

17 majority leader of the Senate shall each intro18 duce such bill, by request. 

19 ‘‘(B) CONSIDERATION IN THE HOUSE OF

20 REPRESENTATIVES.— 

21 ‘‘(i) REFERRAL AND REPORTING.— 

22 Any committee of the House of Represent23 atives to which such bill is referred shall 

24 report it to the House without amendment 

25 not later than the 14th legislative day after 


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1 the date of its introduction. If a committee 

2 fails to report the bill within that period or 

3 the House has adopted a concurrent reso4 lution providing for adjournment sine die 

5 at the end of a Congress, such committee 

6 shall be automatically discharged from fur7 ther consideration of the bill and it shall be 

8 placed on the appropriate calendar. 

9 ‘‘(ii) PROCEEDING TO CONSIDER10 ATION.—Not later than 21 legislative days 

11 after such bill is reported or a committee 

12 has been discharged from further consider13 ation thereof, it shall be in order to move 

14 to proceed to consider such bill in the 

15 House. Such a motion shall be highly privi16 leged and not debatable, and shall be in 

17 order only at a time designated by the 

18 Speaker in the legislative schedule within 

19 two legislative days after the day on which 

20 the proponent announces an intention to 

21 the House to offer the motion provided 

22 that such notice may not be given until 

23 such bill is reported or a committee has 

24 been discharged from further consideration 

25 thereof. Such a motion shall not be in 


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1 order after the House has disposed of a 

2 motion to proceed with respect to that spe3 cial message. The previous question shall 

4 be considered as ordered on the motion to 

5 its adoption without intervening motion. A 

6 motion to reconsider the vote by which the 

7 motion is disposed of shall not be in order. 

8 ‘‘(iii) CONSIDERATION.—If the motion 

9 to proceed is agreed to, the House shall 

10 immediately proceed to consider such bill 

11 in the House without intervening motion. 

12 Such bill shall be considered as read. All 

13 points of order against the bill and against 

14 its consideration are waived. The previous 

15 question shall be considered as ordered on 

16 the bill to its passage without intervening 

17 motion except 4 hours of debate equally di18 vided and controlled by the proponent and 

19 an opponent and one motion to limit de20 bate on the bill. A motion to reconsider the 

21 vote on passage of the bill shall not be in 

22 order. 

23 ‘‘(C) CONSIDERATION IN THE SENATE.— 

24 ‘‘(i) COMMITTEE ACTION.—The ap25 propriate committee of the Senate shall reVerDate Mar 15 2010 05:28 May 13, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5720.IH H5720

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1 port without amendment the bill referred 

2 to in subparagraph (A) not later than the 

3 seventh session day after introduction. If a 

4 committee fails to report the bill within 

5 that period or the Senate has adopted a 

6 concurrent resolution providing for ad7 journment sine die at the end of a Con8 gress, the Committee shall be automati9 cally discharged from further consideration 

10 of the bill and it shall be placed on the ap11 propriate calendar. 

12 ‘‘(ii) MOTION TO PROCEED.—Not 

13 later than 3 session days after the bill is 

14 reported in the Senate or the committee 

15 has been discharged thereof, it shall be in 

16 order for any Senator to move to proceed 

17 to consider the bill in the Senate. The mo18 tion shall be decided without debate and 

19 the motion to reconsider shall be deemed 

20 to have been laid on the table. Such a mo21 tion shall not be in order after the Senate 

22 has disposed of a prior motion to proceed 

23 with respect to the draft bill. 

24 ‘‘(iii) CONSIDERATION.—If a motion 

25 to proceed to the consideration of the draft 


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1 bill is agreed to, the Senate shall imme2 diately proceed to consideration of the 

3 draft bill without intervening motion, 

4 order, or other business, and the draft bill 

5 shall remain the unfinished business of the 

6 Senate until disposed of. Consideration on 

7 the bill in the Senate under this sub8 section, and all debatable motions and ap9 peals in connection therewith, shall not ex10 ceed 10 hours equally divided in the usual 

11 form. All points of order against the draft 

12 bill or its consideration are waived. Consid13 eration in the Senate on any debatable mo14 tion or appeal in connection with the draft 

15 bill shall be limited to not more than 10 

16 hours. A motion to postpone, or a motion 

17 to proceed to the consideration of other 

18 business, or a motion to recommit the 

19 draft bill is not in order. A motion to re20 consider the vote by which the draft bill is 

21 agreed to or disagreed to is not in order. 

22 ‘‘(D) AMENDMENTS PROHIBITED.—No 

23 amendment to, or motion to strike a provision 

24 from, the draft bill considered under this secVerDate Mar 15 2010 05:28 May 13, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5720.IH H5720

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1 tion shall be in order in either the Senate or the 

2 House of Representatives. 

3 ‘‘(E) COORDINATION WITH ACTION BY

4 OTHER HOUSE.—If, before passing the bill, one 

5 House receives from the other a bill— 

6 ‘‘(i) the bill of the other House shall 

7 not be referred to a committee; and 

8 ‘‘(ii) the procedure in the receiving 

9 House shall be the same as if no bill had 

10 been received from the other House until 

11 the vote on passage, when the bill received 

12 from the other House shall supplant the 

13 bill of the receiving House. 

14 ‘‘(F) LIMITATION.—This paragraph shall 

15 apply only to the bill referred to in subpara16 graph (A), introduced pursuant to such sub17 paragraph. 

18 ‘‘(g) DEFINITIONS.—For purposes of this section, 

19 continuity of a session of either House of Congress shall 

20 be considered as broken only by an adjournment of that 

21 House sine die, and the days on which that House is not 

22 in session because of an adjournment of more than 3 days 

23 to a date certain shall be excluded in the computation of 

24 any period.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of sections for chapter 35 of title 44, United 

3 States Code, is amended by striking the matter relating 

4 to section 3521 and inserting the following: 

‘‘3521. Federal Regulatory Reform Report. 

‘‘3522. Authorization of Appropriations.’’. 

Æ 


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