US Congress House Bill 3010 (Prior Session Legislation)

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Spectrum: Moderate Partisan Bill (Republican 31-6)
Status: Engrossed on December 5 2011 - 50% progression, died in committee
Action: 2011-12-05 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Pending: Senate Homeland Security And Governmental Affairs Committee
Text: Latest bill text (Engrossed) [PDF]

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have created or contributed to the problem the agency may address with a rule and whether such rules may be amended or rescinded, (4) any reasonable alternatives for a new rule, and (5) the potential costs and benefits associated with potential alternative rules.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.

Regulatory Accountability Act of 2011

Rep. Lamar Smith [R-TX]	Rep. Sandy Adams [R-FL]	Rep. Steve Austria [R-OH]	Rep. Ken Calvert [R-CA]
Rep. Dennis Cardoza [D-CA]	Rep. John Carter [R-TX]	Rep. Jason Chaffetz [R-UT]	Rep. Howard Coble [R-NC]
Rep. Michael Conaway [R-TX]	Rep. Jim Costa [D-CA]	Rep. Geoff Davis [R-KY]	Sen. Joe Donnelly [D-IN]
Sen. Jeff Flake [R-AZ]	Rep. Trent Franks [R-AZ]	Rep. Elton Gallegly [R-CA]	Rep. Louie Gohmert [R-TX]
Rep. Bob Goodlatte [R-VA]	Rep. Trey Gowdy [R-SC]	Rep. Tim Griffin [R-AR]	Rep. Darrell Issa [R-CA]
Rep. Lynn Jenkins [R-KS]	Rep. Bill Johnson [R-OH]	Rep. Walter Jones [R-NC]	Rep. Steve King [R-IA]
Rep. John Kline [R-MN]	Sen. Cynthia Lummis [R-WY]	Rep. Jim Matheson [D-UT]	Rep. John Mica [R-FL]
Rep. Mike Pence [R-IN]	Rep. Collin Peterson [D-MN]	Rep. Benjamin Quayle [R-AZ]	Rep. Dennis Ross [R-FL]
Rep. Austin Scott [R-GA]	Rep. Heath Shuler [D-NC]	Rep. Bill Shuster [R-PA]	Rep. Ed Whitfield [R-KY]
Rep. Joe Wilson [R-SC]

2011-12-02 - House - On Passage (Y: 253 N: 167 NV: 13 Abs: 0) [PASS]
2011-12-02 - House - On Motion to Recommit with Instructions (Y: 186 N: 233 NV: 14 Abs: 0) [FAIL]
2011-12-02 - House - On Agreeing to the Amendment (Y: 175 N: 247 NV: 11 Abs: 0) [FAIL]
2011-12-02 - House - On Agreeing to the Amendment (Y: 174 N: 247 NV: 12 Abs: 0) [FAIL]
2011-12-02 - House - On Agreeing to the Amendment (Y: 171 N: 242 NV: 20 Abs: 0) [FAIL]
2011-12-02 - House - On Agreeing to the Amendment (Y: 162 N: 250 NV: 21 Abs: 0) [FAIL]
2011-12-02 - House - On Agreeing to the Amendment (Y: 187 N: 232 NV: 14 Abs: 0) [FAIL]

Date	Chamber	Action
2011-12-05	Senate	Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
2011-12-02	House	Motion to reconsider laid on the table Agreed to without objection.
2011-12-02	House	On passage Passed by recorded vote: 253 - 167 (Roll no. 888).
2011-12-02	House	On motion to recommit with instructions Failed by recorded vote: 186 - 233 (Roll no. 887). (consideration: CR H8105)
2011-12-02	House	The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H8104)
2011-12-02	House	DEBATE - The House proceeded with 10 minutes of debate on the Boswell motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment that stipulates the provisions in this Act shall not apply to new regulations or the revision of existing regulations that reduce costs or increase coverage for pharmaceuticals and other health services for seniors, or efforts by the Secretaries of Health and Human Services, Veterans Administration, and Defense to negotiate lower prescription drug prices.
2011-12-02	House	Mr. Boswell moved to recommit with instructions to Judiciary. (consideration: CR H8103-8105; text: CR H8103)
2011-12-02	House	The previous question was ordered pursuant to the rule. (consideration: CR H8103)
2011-12-02	House	The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of committee amendment in the nature of a substitute: CR H8088-8092)
2011-12-02	House	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3010.
2011-12-02	House	H.AMDT.893 On agreeing to the Jackson Lee (TX) amendment (A006) Failed by recorded vote: 175 - 247 (Roll no. 886).
2011-12-02	House	H.AMDT.892 On agreeing to the Nadler amendment (A005) Failed by recorded vote: 174 - 247 (Roll no. 885).
2011-12-02	House	H.AMDT.891 On agreeing to the Connolly (VA) amendment (A004) Failed by recorded vote: 171 - 242 (Roll no. 884).
2011-12-02	House	H.AMDT.890 On agreeing to the Jackson Lee (TX) amendment (A003) Failed by recorded vote: 162 - 250 (Roll no. 883).
2011-12-02	House	H.AMDT.888 On agreeing to the Moore amendment (A001) Failed by recorded vote: 187 - 232 (Roll no. 882).
2011-12-02	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee amendment No. 7, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
2011-12-02	House	DEBATE - Pursuant to the the provisions of H.Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 7.
2011-12-02	House	H.AMDT.893 Amendment (A006) offered by Ms. Jackson Lee (TX). (consideration: CR H8097-8099, H8102; text: CR H8097)Amendment sought to exempt all rules promulgated by the Department of Homeland Security from the provisions of the bill.
2011-12-02	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Nadler amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Smith (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
2011-12-02	House	DEBATE - Pursuant to the the provisions of H.Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler amendment.
2011-12-02	House	H.AMDT.892 Amendment (A005) offered by Mr. Nadler. (consideration: CR H8096-8097, H8101-8102; text: CR H8096)Amendment sought to exempt actions by the Nuclear Regulatory Commission under the Atomic Energy Act from the provisions of the bill.
2011-12-02	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Smith (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
2011-12-02	House	DEBATE - Pursuant to the the provisions of H.Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly (VA) amendment.
2011-12-02	House	H.AMDT.891 Amendment (A004) offered by Mr. Connolly (VA). (consideration: CR H8095-8096, H8100-8101; text: CR H8095)Amendment sought to clarify that regulations to protect public health and safety would not be blocked or repealed by H.R. 3010.
2011-12-02	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Smith (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
2011-12-02	House	DEBATE - Pursuant to the the provisions of H.Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 3.
2011-12-02	House	H.AMDT.890 Amendment (A003) offered by Ms. Jackson Lee (TX). (consideration: CR H8093-8095, H8100; text: CR H8093)Amendment sought to clarify that the agency would retain the discretion to determine whether to provide advance notice, not later than 90 days, of a proposed rule prior to it being published in the Federal Register.
2011-12-02	House	H.AMDT.889 On agreeing to the Olson amendment (A002) Agreed to by voice vote.
2011-12-02	House	DEBATE - Pursuant to the the provisions of H.Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Olson amendment.
2011-12-02	House	H.AMDT.889 Amendment (A002) offered by Mr. Olson. (consideration: CR H8093; text: CR H8093)Amendment clarified that when making a rule, an agency shall not only consider potential costs and benefits associated with such proposed rule (including direct, indirect, cumulative costs and benefits and estimated impacts on American jobs), but shall also estimate the net gain or loss in domestic jobs.
2011-12-02	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Moore amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Moore demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
2011-12-02	House	DEBATE - Pursuant to the the provisions of H.Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Moore amendment.
2011-12-02	House	H.AMDT.888 Amendment (A001) offered by Ms. Moore. (consideration: CR H8092-8093, H8099-8100; text: CR H8092)Amendment sought 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.
2011-12-02	House	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3010.
2011-12-02	House	The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.
2011-12-02	House	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 477 and Rule XVIII.
2011-12-02	House	Measure 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.
2011-12-02	House	Considered under the provisions of rule H. Res. 477. (consideration: CR H8081-8105)
2011-11-30	House	Rule H. Res. 477 passed House.
2011-11-29	House	Rules Committee Resolution H. Res. 477 Reported to House. Measure 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.
2011-11-22	House	Placed on the Union Calendar, Calendar No. 195.
2011-11-22	House	Reported (Amended) by the Committee on Judiciary. H. Rept. 112-294.
2011-11-03	House	Ordered to be Reported (Amended) by the Yeas and Nays: 16 - 6.
2011-11-03	House	Committee Consideration and Mark-up Session Held.
2011-10-27	House	Subcommittee on Courts, Commercial and Administrative Law Discharged.
2011-10-25	House	Committee Hearings Held.
2011-10-12	House	Referred to the Subcommittee on Courts, Commercial and Administrative Law.
2011-09-22	House	Referred to the House Committee on the Judiciary.

SB1606 (Related) 2011-09-22 - Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
HR477 (Related) 2011-11-30 - Motion to reconsider laid on the table Agreed to without objection.

Type	Source
Summary	https://www.congress.gov/bill/112th-congress/house-bill/3010/all-info
Text	https://www.congress.gov/112/bills/hr3010/BILLS-112hr3010ih.pdf
Text	https://www.congress.gov/112/bills/hr3010/BILLS-112hr3010rh.pdf
Text	https://www.congress.gov/112/bills/hr3010/BILLS-112hr3010eh.pdf
Roll Call	https://clerk.house.gov/Votes/2011882
Roll Call	https://clerk.house.gov/Votes/2011883
Roll Call	https://clerk.house.gov/Votes/2011884
Roll Call	https://clerk.house.gov/Votes/2011885
Roll Call	https://clerk.house.gov/Votes/2011886
Roll Call	https://clerk.house.gov/Votes/2011887
Roll Call	https://clerk.house.gov/Votes/2011888