HR 3010 · 112th Congress 2011–2013, ended

Regulatory Accountability Act of 2011

Latest action · Dec 5, 2011 Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedSep 22, 2011
  2. Passed HouseDec 2, 2011
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Regulatory Accountability Act of 2011 - (Sec. 2) Defines "major rule" and "major guidance" for purposes of this Act as a rule or guidance that is likely to impose: (1) an annual cost on the economy of $100 million or more, adjusted annually for inflation; (2) a major increase in costs or prices; (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. enterprises to compete with foreign-based enterprises; or (4) significant impacts on multiple sectors of the economy.  Defines "high-impact rule" as a rule that is likely to have an annual cost on the economy of $1 billion or more, adjusted annually for inflation.

(Sec. 3) Revises procedures for rulemaking under the Administrative Procedure Act (APA) to require a federal agency, in the rulemaking process, to make all preliminary and final factual determinations based on evidence and to consider: (1) the legal authority under which a rule may be proposed, (2) the specific nature and significance of the problem the agency may address with a rule, (3) whether existing rules have created or contributed to the problem the agency may address with a rule and whether such rules may be amended or rescinded, (4) any reasonable alternatives for a new rule, and (5) the potential costs and benefits associated with potential alternative rules.

Revises rulemaking notice requirements to require an agency to: (1) publish in the Federal Register advance notice of proposed rulemaking involving a major or high-impact rule that involves a novel legal or policy issue arising out of statutory mandates; (2) consult with the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB) before issuing a proposed rule and after the issuance of an advance notice of proposed rulemaking; (3) provide interested persons an opportunity to participate in the rulemaking process; (4) hold a hearing before the adoption of any high-impact rule; (5) expand requirements for the adoption of a final rule, including requiring that the agency adopt a rule only on the basis of the best evidence and at the least cost; and (6) grant any interested person the right to petition for the issuance, amendment, or repeal of a rule.  Specifies the minimum amount of information that must be included in an advance notice.

Requires the Administrator to issue guidelines to promote coordination, simplification, and harmonization of agency rules during the rulemaking process

Exempts from such revised procedures rulemakings that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

(Sec. 4) Imposes new requirements for issuing any major guidance or guidance that involves a novel legal or policy issue arising out of statutory mandates. Authorizes the Administrator to issue guidelines for agencies in issuing major guidance or other guidance.

(Sec. 5) Provides for electronic access to transcripts of testimony and exhibits and other papers filed in a rulemaking proceeding.

Requires the record of decision in a rulemaking proceeding to include information from a hearing under the Information Quality Act or on a high-impact rule.

Requires an agency to grant a petition for a hearing in the case of a major rule, unless the agency reasonably determines that a hearing would not advance consideration of the rule or would unreasonably delay completion of the rulemaking. Exempts from this requirement rulemakings that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

(Sec. 6) Provides that an agency's denial of an Information Quality Act petition, or a failure to grant or deny such petition within 90 days, is reviewable by a court as a final action.  Allows immediate judicial review of interim rules, other than in cases involving national security interests, issued without compliance with the notice requirements of this Act.

(Sec. 7) Revises standards for the scope of judicial review of agency rulemaking to prohibit a court from deferring to an agency's: (1) interpretation of a rule if the agency did not comply with APA requirements, (2) determination of the costs and benefits or other economic or risk assessment if the agency failed to conform to guidelines on such determinations and assessments established by the Administrator, (3) determinations made in the adoption of an interim rule, or (4) guidance.

(Sec. 8) Defines "substantial evidence" for purposes of evaluating agency adjudications and for rulemaking under APA as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion in light of the record considered as a whole, taking into account whatever in the record fairly detracts from the weight of the evidence relied upon by the agency to support its decision.

(Sec. 9) Provides that the amendments made by this Act to specified provisions of federal law shall not apply to any rule makings pending or completed on the enactment date of this Act.

Recorded votes 7

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 888Passed253–167Dec 2, 2011
House 887Failed186–233Dec 2, 2011
House 886Failed175–247Dec 2, 2011
House 885Failed174–247Dec 2, 2011
House 884Failed171–242Dec 2, 2011

Cosponsors 36

Members who signed on, in the order they did. Signatures ran from Sep 22, 2011 to Nov 18, 2011; 2 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MNCollin C. PetersonOriginalSep 22, 2011
R-NCHoward CobleOriginalSep 22, 2011
R-AZBenjamin QuayleOct 26, 2011
R-PABill ShusterOct 26, 2011
R-VABob GoodlatteOct 26, 2011
R-FLDennis A. RossOct 26, 2011
R-CAElton GalleglyOct 26, 2011
R-UTJason ChaffetzOct 26, 2011
R-MNJohn KlineOct 26, 2011
R-FLJohn L. MicaOct 26, 2011
R-INMike PenceOct 26, 2011
R-ARTim GriffinOct 26, 2011
R-AZTrent FranksOct 26, 2011
R-SCTrey GowdyOct 26, 2011
R-OHBill JohnsonNov 2, 2011
D-CADennis A. CardozaNov 2, 2011
R-KYGeoff DavisNov 2, 2011
D-CAJim CostaNov 2, 2011
R-CAKen CalvertNov 2, 2011
R-TXLouie GohmertNov 2, 2011
R-FLSandy AdamsNov 2, 2011
R-OHSteve AustriaNov 2, 2011
D-UTJim MathesonNov 3, 2011
R-TXJohn R. CarterNov 3, 2011
R-TXK. Michael ConawayNov 4, 2011
R-WYCynthia M. LummisNov 15, 2011
R-CADarrell IssaNov 15, 2011
R-KYEd WhitfieldNov 15, 2011
D-INJoe DonnellyNov 15, 2011
R-IASteve KingNov 15, 2011
R-NCWalter B. JonesNov 15, 2011
R-GAAustin ScottNov 18, 2011
D-NCHeath ShulerNov 18, 2011
R-AZJeff FlakeNov 18, 2011
R-SCJoe WilsonNov 18, 2011
R-KSLynn JenkinsNov 18, 2011

Withdrew 1 Joe Baca D-CA Nov 16, 2011

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Sep 22, 2011Hearings Oct 25, 2011Markup Nov 3, 2011Reported Nov 22, 2011
Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
Referred Oct 12, 2011Discharged Oct 27, 2011
SenateHomeland Security and Governmental Affairs Committee
Referred Dec 5, 2011

Actions 37

Everything that happened, newest first.

  1. Dec 5, 2011Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  2. Dec 2, 2011Considered under the provisions of rule H. Res. 477. (consideration: CR H8081-8105)
  3. Dec 2, 2011Measure provides for consideration of H.R. 3463 with one hour of general debate, equally divided and controlled; bill is closed to amendments. Provides for consideration of H.R. 527 with one hour of general debate, equally divided and controlled; specified amendments are in order. Provides for consideration of H.R. 3010 with one hour of general debate, equally divided and controlled; specified amendments are in order.
  4. Dec 2, 2011House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 477 and Rule XVIII.
  5. Dec 2, 2011The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.

In the Congressional Record 5

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E2275Betty McCollum D-MNDec 15, 2011
HouseDebate and remarks H8213, H8220, H8221Earl Blumenauer D-OR, Nick J. Rahall II D-WV, Sheila Jackson Lee D-TXDec 7, 2011
House · ExtensionsDebate and remarks E2168, E2172, E2173, H8080, H8081–H8105Text printed H8088–H8092Amendments H8092, H8093, H8095, H8096, H8097Motions H8103Recorded votes H8099, H8100, H8101, H8102, H8104, H8105Boswell motion to recommit (prevent regulatory burdens for providing low-cost prescription drugs for seniors, veterans, servicemen, and their families)Connolly amendment (exempt regulations protecting public health, environment, and food and workplace safety)enactJackson Lee amendment (exempt Dept. of Homeland Security rules and guidance)Jackson Lee amendment (give an agency discretion whether to provide advanced notice of proposed rules)Moore amendment (take into account impacts on certain vulnerable subpopulations)Carolyn B. Maloney D-NY, Chris Van Hollen D-MD, Collin C. Peterson D-MN, Dennis A. Cardoza D-CA, George Miller D-CA, Gerald E. Connolly D-VA (amendment), Gwen Moore D-WI (amendment), Henry C. "Hank" Johnson, Jr. D-GA, Howard Coble R-NC, Jerrold Nadler D-NY (amendment), Jim Costa D-CA, John Conyers, Jr. D-MI, Lamar Smith R-TX, Leonard L. Boswell D-IA (motion), Mazie K. Hirono D-HI, Pete Olson R-TX (amendment), Robert J. Dold R-IL, Sheila Jackson Lee D-TX (amendment), Steve Cohen D-TN, Tim Griffin R-ARDec 2, 2011
HouseDebate and remarks H8035, H8040John Conyers, Jr. D-MI, Rush Holt D-NJDec 1, 2011
HouseDebate and remarks H7949–H7957Text printed H7949Amendments H7957Recorded votes H7986, H7987consideration (H. Res. 477), previous questionStatements H7955Henry C. "Hank" Johnson, Jr. D-GA, James P. McGovern D-MA (amendment), Rob Woodall R-GA, Robert E. Andrews D-NJNov 30, 2011

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Nov 30, 2011H.R. 3010, Regulatory Accountability Act of 2011Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on November 3, 2011

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 1 of the United States Constitution, and Article I, Section 8 of the United States Constitution, including, but not limited to, Clauses 1, 3 and 18.

The sponsor’s statement, as printed in the page H6414.

Printed hearings 4

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 112-122RISING REGULATORY COMPLIANCE COSTS AND THEIR IMPACT ON THE HEALTH OF SMALL FINANCIAL INSTITUTIONS134 pagesFinancial Services CommitteeMay 9, 2012
S. Hrg. 112-725TIME TAKES ITS TOLL: DELAYS IN OSHA'S STANDARD-SETTING PROCESS AND THE IMPACT ON WORKER SAFETY96 pagesHealth, Education, Labor, and Pensions CommitteeApr 19, 2012
Serial No. 112-75REGULATORY ACCOUNTABILITY ACT OF 2011247 pagesJudiciary CommitteeOct 25, 2011
Serial No. 112-25HEARING TO REVIEW LEGISLATIVE PROPOSALS AMENDING TITLE VII OF THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT125 pagesAgriculture CommitteeOct 12, 2011

CRS reports 3

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

About this bill 1

Products that name it in their title: its number, its law number or one of its short titles.

ProductTitleKindPublished
R42104An Overview and Analysis of H.R. 3010, the Regulatory Accountability Act of 2011 ArchivedReportMar 23, 2012

Also cite it 2

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
R44539Statements of Administration Policy ArchivedReportJun 21, 2016
R42821Independent Regulatory Agencies, Cost-Benefit Analysis, and Presidential Review of Regulations ArchivedReportNov 16, 2012

Amendments 6

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 888An amendment numbered 1 printed in Part B of House Report 112-296 to 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.Gwen Moore D-WIOn agreeing to the Moore amendment (A001) Failed by recorded vote: 187 - 232 (Roll no. 882).
HAmdt 889An amendment numbered 2 printed in Part B of House Report 112-296 to clarify that cumulative costs and benefits and estimated impacts on jobs shall include an estimate of the net gain or loss in domestic jobs.Pete Olson R-TXOn agreeing to the Olson amendment (A002) Agreed to by voice vote.
HAmdt 890An amendment numbered 3 printed in Part B of House Report 112-296 to 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.Sheila Jackson Lee D-TXOn agreeing to the Jackson Lee (TX) amendment (A003) Failed by recorded vote: 162 - 250 (Roll no. 883).
HAmdt 891An amendment numbered 5 printed in Part B of House Report 112-296 to clarify that regulations to protect public health and safety would not be blocked or repealed by H.R. 3010.Gerald E. Connolly D-VAOn agreeing to the Connolly (VA) amendment (A004) Failed by recorded vote: 171 - 242 (Roll no. 884).
HAmdt 892An amendment numbered 6 printed in Part B of House Report 112-296 to exempt from the Act actions by the Nuclear Regulatory Commission under the Atomic Energy Act.Jerrold Nadler D-NYOn agreeing to the Nadler amendment (A005) Failed by recorded vote: 174 - 247 (Roll no. 885).

Related bills 2

Companion bills and other measures the record links to this one.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To reform the process by which Federal agencies analyze and formulate new regulations and guidance documents.
Short Titles as Introduced
Regulatory Accountability Act of 2011
Short Titles as Reported to House
Regulatory Accountability Act of 2011
Short Titles as Passed House
Regulatory Accountability Act of 2011

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 4

Each version as it was printed, newest first.

  1. Dec 5, 2011Referred in Senate
  2. Dec 2, 2011Engrossed in House
  3. Nov 22, 2011Reported in House
  4. Sep 22, 2011Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.