[House Report 112-6]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                      112-6

======================================================================

 
DIRECTING CERTAIN STANDING COMMITTEES TO INVENTORY AND REVIEW EXISTING, 
   PENDING, AND PROPOSED REGULATIONS AND ORDERS FROM AGENCIES OF THE 
 FEDERAL GOVERNMENT, PARTICULARLY WITH RESPECT TO THEIR EFFECT ON JOBS 
                          AND ECONOMIC GROWTH

                                _______
                                

 February 8, 2011.-- Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Dreier, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 72]

    The Committee on Rules, to whom was referred the resolution 
(H. Res. 72) directing certain standing committees to inventory 
and review existing, pending, and proposed regulations and 
orders from agencies of the Federal Government, particularly 
with respect to their effect on jobs and economic growth, 
having considered the same, report favorably thereon and 
recommend that the resolution be agreed to, with an amendment.

                               AMENDMENT

    The amendment is as follows:
  Strike all after the resolved clause and insert the 
following:

That each standing committee designated in section 3 of this 
resolution shall inventory and review existing, pending, and 
proposed regulations, orders, and other administrative actions 
or procedures by agencies of the Federal Government within such 
committee's jurisdiction. In completing such inventory and 
review, each committee shall consider the matters described in 
section 2. Each committee shall conduct such hearings and other 
oversight activities as it deems necessary in support of the 
inventory and review, and shall identify in any report filed 
pursuant to clause 1(d) of rule XI for the first session of the 
112th Congress any oversight or legislative activity conducted 
in support of, or as a result of, such inventory and review.

SEC. 2. MATTERS FOR CONSIDERATION.

  In completing the review and inventory described in the first 
section of this resolution, each committee shall identify 
regulations, executive and agency orders, and other 
administrative actions or procedures that--
          (1) impede private-sector job creation;
          (2) discourage innovation and entrepreneurial 
        activity;
          (3) hurt economic growth and investment;
          (4) harm the Nation's global competitiveness;
          (5) limit access to credit and capital;
          (6) fail to utilize or apply accurate cost-benefit 
        analyses;
          (7) create additional economic uncertainty;
          (8) are promulgated in such a way as to limit 
        transparency and the opportunity for public comment, 
        particularly by affected parties;
          (9) lack specific statutory authorization;
          (10) undermine labor-management relations;
          (11) result in large-scale unfunded mandates on 
        employers without due cause;
          (12) impose undue paperwork and cost burdens on small 
        businesses; or
          (13) prevent the United States from becoming less 
        dependent on foreign energy sources.

SEC. 3. COMMITTEES.

  The committees referred to in the first section of this 
resolution are as follows--
          (1) The Committee on Agriculture;
          (2) The Committee on Education and the Workforce;
          (3) The Committee on Energy and Commerce;
          (4) The Committee on Financial Services;
          (5) The Committee on the Judiciary;
          (6) The Committee on Natural Resources;
          (7) The Committee on Oversight and Government Reform;
          (8) The Committee on Small Business;
          (9) The Committee on Transportation and 
        Infrastructure; and
          (10) The Committee on Ways and Means.

                          PURPOSE AND SUMMARY

    H. Res. 72 directs the Committees on Agriculture, Education 
and the Workforce, Energy and Commerce, Financial Services, the 
Judiciary, Natural Resources, Oversight and Government Reform, 
Small Business, Transportation and Infrastructure, and Ways and 
Means to inventory and review existing, pending, and proposed 
regulations and orders from agencies of the Federal Government, 
particularly with respect to their effect on jobs and economic 
growth.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Federal Government produces an average of 4,000 final 
regulations each year with about 500-700 reviewed by the White 
House. Of those reviewed, between 45 and 75 have significant 
economic impacts. The Small Business Administration estimates 
that government regulations cost the economy $1.75 trillion per 
year, nearly double the amount of individual income taxes 
collected last year. The Heritage Foundation approximates that 
43 rules released in Fiscal Year (FY) 2010 will cost $28 
billion annually--a record increase. In FY 2010 only five 
significant regulations reduced burdens and of those, only two 
reduced costs for a total savings of $1.5 billion. That is a 
$26.5 billion net increase in the cost of regulatory burdens in 
FY 2010. Without action, the cost and burden of regulations 
will continue to grow in 2011 as agencies further promulgate 
new rules related to energy, health care and financial 
services.
    On January 18, 2011, President Obama issued Executive Order 
13563, which instructs Federal agencies to facilitate the 
periodic review of existing regulations to determine whether 
any such regulations should be modified, streamlined, expanded, 
or repealed so as to make the agency's regulatory program more 
effective or less burdensome.
    Congress must also use its authority to repeal costly and 
unnecessary existing regulations that impede private-sector job 
creation, discourage innovation and entrepreneurial activity, 
and hurt economic growth and investment. In an effort to launch 
the committee process and take the steps necessary to stem the 
growth of and reduce unnecessary and costly regulations, Mr. 
Sessions introduced H. Res. 72 on February 8, 2011. In 
conjunction with the President's initiative, the House of 
Representatives can take the steps necessary to create a more 
cost-effective and transparent regulatory system that supports 
long-term private-sector job creation and economic growth.

                                HEARINGS

    No hearings were held on this measure.

                        COMMITTEE CONSIDERATION

    The Committee on Rules met on February 8, 2011 in open 
session and ordered H. Res. 72 favorably reported to the House 
with an amendment by a voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. No 
record votes were taken during consideration of this measure. A 
motion by Ms. Foxx to report the bill to the House as amended 
with a favorable recommendation was agreed to by a voice vote.
    An amendment by Mr. Bishop to add another matter for 
committees to consider related to dependence of the United 
States on foreign energy sources was agreed to by a voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee made findings that are 
reflected in this report.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee states, with 
respect to H.Res. 72, that the Director of the Congressional 
Budget Office did not submit a cost estimate and comparison 
under section 402 of the Congressional Budget Act of 1974.

                    PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that this measure 
does not authorize funding within the meaning of the rule.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

First Section

    The first section of the resolution directs standing 
committees listed in section 3 to inventory and review 
existing, pending, and proposed regulations, orders, and other 
administrative actions or procedures by agencies of the Federal 
Government within their jurisdiction. Each committee must 
conduct hearings and other oversight activities it deems 
necessary and identify any oversight or legislative activity 
conducted in support of, or as a result of, the inventory and 
review, in its semiannual activities reports submitted to the 
House in the first session of the 112th Congress.

Section 2

    Section 2 provides that in completing the review and 
inventory, each committee must identify regulations, executive 
and agency orders, and other administrative actions or 
procedures that--
           Impede private-sector job creation;
           Discourage innovation and entrepreneurial 
        activity;
           Hurt economic growth and investment;
           Harm the Nation's global competitiveness;
           Limit access to credit and capital;
           Fail to utilize or apply accurate cost-
        benefit analyses;
           Create additional economic uncertainty;
           Are promulgated in such a way as to limit 
        transparency and the opportunity for public comment, 
        particularly by affected parties;
           Lack specific statutory authorization;
           Undermine labor management relations;
           Result in large-scale unfunded mandates on 
        employers without due cause;
           Impose undue paperwork and cost burdens on 
        small businesses; or
           Prevent the United States from becoming less 
        dependent on foreign energy sources.

Section 3

    This section specifies the committees required to complete 
the activities under the resolution, including the Committee on 
Agriculture, Committee on Education and the Workforce, 
Committee on Energy and Commerce, Committee on Financial 
Services, Committee on the Judiciary, Committee on Natural 
Resources, Committee on Oversight and Government Reform, 
Committee on Small Business, Committee on Transportation and 
Infrastructure, and the Committee on Ways and Means.

          CHANGES IN EXISTING HOUSE RULES MADE BY H. RES. 72, 
                              AS REPORTED

     In compliance with clause 3(g) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H. 
Res. 72 does not propose to repeal or amend a standing rule of 
the House.

                                  
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