I 112th CONGRESS 2d Session H. R. 5720 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.

Short title

This Act may be cited as the Regulatory Reform Act of 2012.

2.

Federal Regulatory Reform Report

(a)

In general

Subchapter I of chapter 35 of title 44, United States Code, is amended by— (1)redesignating section 3521 as section 3522; and (2)by inserting after section 3520 the following new section:

3521.

Federal Regulatory Reform Report

(a)

Report required

Not later than October 1 every four years, beginning with the first year following the date of the enactment of the Regulatory Reform Act of 2012, the Administrator of the Office of Information and Regulatory Affairs shall make available on a publicly available website and submit to Congress a report on Federal regulatory reform (in this section referred to as the Federal Regulatory Reform Report). (b)

Contents of report

The Federal Regulatory Reform Report shall contain the following: (1)A list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome. (2)A list of recommendations to consolidate, modify, simplify, or repeal such rules to make such rules more effective or less burdensome. (3)A description of the justification for (including supporting data) and impact of the recommendations described in paragraph (2), as appropriate and available. (4)For any rule listed under paragraph (2), an analysis of how the costs outweigh the benefits for such rule. The benefits for such analysis shall include environmental and public health considerations and other considerations with regard to the benefits that the Administrator determines are appropriate. (c)

Resources for report

The Administrator shall use any of the following sources to prepare the Federal Regulatory Reform Report: (1)Agency action plans. (2)Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review). (3)Executive Order 13563 (76 Fed. Reg. 3812; relating to improving regulation and regulatory review). (4)The Office of Management and Budget Circular A–4. (5)The Office of Management and Budget Annual report to Congress required by section 624(a) of Public Law 106–554 (31 U.S.C. 1105 note). (6)Any other appropriate report, analysis, and review of the executive and legislative branch. (d)

Notice and comment

At least 60 days before submission of the Federal Regulatory Reform Report required under subsection (a), the Administrator of the Office of Information and Regulatory Affairs shall publish the report in the Federal Register for public notice and comment. The Administrator may modify the report in response to any comments received before submission of the report to Congress. (e)

Consultation required

The Administrator of the Office of Information and Regulatory Affairs shall consult with the President, the Director of the Office of Management and Budget, the Chief Performance Officer of the Office of Management and Budget, and the relevant committees of jurisdiction of the House of Representatives and the Senate before the submission of the Federal Regulatory Reform Report required under subsection (a). (f)

Presentation of Federal Regulatory Reform Report to Congress and expedited consideration

(1)

In general

The President shall propose, at the time and in the manner provided in paragraph (2), the carrying out of all or part of the recommendations contained in the most recent Federal Regulatory Reform Report prepared by the Office of Information and Regulatory Affairs. (2)

Transmittal of special message

Not later than 120 days after the submission of a Federal Regulatory Reform Report under subsection (a), the President shall transmit to Congress a special message to carry out all or part of the recommendations contained in that Federal Regulatory Reform Report. The President shall include with that special message a bill that would carry out the recommendations. The President may not transmit more than one such special message each year. (3)

Expedited consideration of President’s regulatory reform bill

(A)

Regulatory reform bill

Within 14 days after the President submits to Congress a bill under paragraph (2), the majority leader of the House of Representatives and the majority leader of the Senate shall each introduce such bill, by request. (B)

Consideration in the House of Representatives

(i)

Referral and reporting

Any committee of the House of Representatives to which such bill is referred shall report it to the House without amendment not later than the 14th legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (ii)

Proceeding to consideration

Not later than 21 legislative days after such bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider such bill in the House. Such a motion shall be highly privileged and not debatable, and shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until such bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iii)

Consideration

If the motion to proceed is agreed to, the House shall immediately proceed to consider such bill in the House without intervening motion. Such bill shall be considered as read. All points of order against the bill and against its consideration are waived. The previous question shall be considered as ordered on the bill to its passage without intervening motion except 4 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the bill shall not be in order. (C)

Consideration in the Senate

(i)

Committee action

The appropriate committee of the Senate shall report without amendment the bill referred to in subparagraph (A) not later than the seventh session day after introduction. If a committee fails to report the bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (ii)

Motion to proceed

Not later than 3 session days after the bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the draft bill. (iii)

Consideration

If a motion to proceed to the consideration of the draft bill is agreed to, the Senate shall immediately proceed to consideration of the draft bill without intervening motion, order, or other business, and the draft bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the draft bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the draft bill shall be limited to not more than 10 hours. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the draft bill is not in order. A motion to reconsider the vote by which the draft bill is agreed to or disagreed to is not in order. (D)

Amendments prohibited

No amendment to, or motion to strike a provision from, the draft bill considered under this section shall be in order in either the Senate or the House of Representatives. (E)

Coordination with action by other House

If, before passing the bill, one House receives from the other a bill— (i)the bill of the other House shall not be referred to a committee; and (ii)the procedure in the receiving House shall be the same as if no bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the bill of the receiving House. (F)

Limitation

This paragraph shall apply only to the bill referred to in subparagraph (A), introduced pursuant to such subparagraph. (g)

Definitions

For purposes of this section, continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period.

. (b)

Technical and conforming amendment

The table of sections for chapter 35 of title 44, United States Code, is amended by striking the matter relating to section 3521 and inserting the following: 3521. Federal Regulatory Reform Report. 3522. Authorization of Appropriations. .