H.R. 3010 (112th): Regulatory Accountability Act of 2011

Introduced:
Sep 22, 2011 (112th Congress, 2011–2013)
Status:
Died (Passed House)
Sponsor
Lamar Smith
Representative for Texas's 21st congressional district
Party
Republican
Text
Read Text »
Last Updated
Dec 05, 2011
Length
34 pages
Related Bills
H.R. 1591 (105th) was a previous version of this bill.

Referred to Committee
Last Action: May 14, 1997

S. 1606 (Related)
Regulatory Accountability Act of 2011

Referred to Committee
Last Action: Sep 22, 2011

 
Status

This bill was introduced in a previous session of Congress and was passed by the House on December 2, 2011 but was never passed by the Senate.

Progress
Introduced Sep 22, 2011
Referred to Committee Sep 22, 2011
Reported by Committee Nov 03, 2011
Passed House Dec 02, 2011
 
Full Title

To reform the process by which Federal agencies analyze and formulate new regulations and guidance documents.

Summary

No summaries available.

Votes
Dec 02, 2011 11:26 a.m.
Failed 187/232
Dec 02, 2011 11:30 a.m.
Failed 162/250
Dec 02, 2011 11:33 a.m.
Failed 171/242
Dec 02, 2011 11:38 a.m.
Failed 174/247
Dec 02, 2011 11:42 a.m.
Failed 175/247
Dec 02, 2011 12:23 p.m.
Passed 253/167

Cosponsors
36 cosponsors (30R, 6D) (show)
Committees

House Judiciary

Courts, Intellectual Property, and the Internet

Senate Homeland Security and Governmental Affairs

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

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Citation

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Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


12/2/2011--Passed House amended.
Regulatory Accountability Act of 2011 -
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

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