Bill113th Congress

H.R. 367

Regulations From the Executive in Need of Scrutiny Act of 2013

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Introduced
Jan 23, 2013
Origin Chamber
House
Policy Area
Government Operations and Politics
Latest Action
Sep 9, 2013

Sponsor

Rep. Young, Todd [R-IN-9]

Republican·IN-9
Bioguide ID: Y000064
First Name: Todd
Middle Name: C.
Last Name: Young
By Request: N
164
Cosponsors
4
Committees
61
Actions
11
Amendments
5
Related Bills
11
Subjects
3
Summaries
5
Titles
4
Text Versions

Bill Details

Update Date
Jan 11, 2023
Origin Chamber
House
Bill Type
HR
Bill Number
367
Congress
113
Introduced Date
Jan 23, 2013
Policy Area
Government Operations and Politics
Is Law
No
Sep 9, 2013IntroReferral

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Source: Senate

Aug 2, 2013FloorH38310

Motion to reconsider laid on the table Agreed to without objection.

Source: House floor actions

Aug 2, 2013FloorH37100

On passage Passed by recorded vote: 232 - 183 (Roll no. 445).

Source: House floor actions

Aug 2, 2013Floor8000

Passed/agreed to in House: On passage Passed by recorded vote: 232 - 183 (Roll no. 445).

Source: Library of Congress

Aug 2, 2013FloorH36110

On motion to recommit with instructions Failed by recorded vote: 185 - 229 (Roll no. 444).

Source: House floor actions

Aug 2, 2013FloorH8A000

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5359)

Source: House floor actions

Aug 2, 2013FloorH8D000

DEBATE - The House proceeded with 10 minutes of debate on the Kuster motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with an amendment to add a section to the bill titled "Protecting Jobs, Economic Growth, and the Health and Safety of the American Public".

Source: House floor actions

Aug 2, 2013FloorH36100

Ms. Kuster moved to recommit with instructions to Judiciary. (consideration: CR H5358-5360; text: CR H5358)

Source: House floor actions

Aug 2, 2013FloorH34400

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.

Source: House floor actions

Aug 2, 2013FloorH35000

The previous question was ordered pursuant to the rule. (consideration: CR H5358)

Source: House floor actions

Aug 2, 2013FloorH32600

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 367.

Source: House floor actions

Aug 2, 2013FloorH8D000

UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments which had been debated earlier and on which further proceedings had been postopned.

Source: House floor actions

Aug 2, 2013FloorH32050

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

Source: House floor actions

Aug 2, 2013FloorH30000

Considered as unfinished business. (consideration: CR H5353-5360)

Source: House floor actions

Aug 1, 2013FloorH32700

Committee of the Whole House on the state of the Union rises leaving H.R. 367 as unfinished business.

Source: House floor actions

Aug 1, 2013FloorH32341

On motion that the Committee rise Agreed to by voice vote.

Source: House floor actions

Aug 1, 2013FloorH32340

Mr. Goodlatte moved that the Committee rise.

Source: House floor actions

Aug 1, 2013FloorH8D000

POSTPONED PROCEEDINGS - At the conclusion of debate on the Moore amendment No. 12, 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.

Source: House floor actions

Aug 1, 2013FloorH8D000

DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Moore amendment No. 12.

Source: House floor actions

Aug 1, 2013FloorH8D000

DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Webster amendment No. 11.

Source: House floor actions

Aug 1, 2013FloorH8D000

DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the McKinley amendment No. 9.

Source: House floor actions

Aug 1, 2013FloorH8D000

POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson Lee (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.

Source: House floor actions

Aug 1, 2013FloorH8D000

DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 8.

Source: House floor actions

Aug 1, 2013FloorH8D000

POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

Source: House floor actions

Aug 1, 2013FloorH8D000

DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 7.

Source: House floor actions

Aug 1, 2013FloorH8D000

POSTPONED PROCEEDINGS - At the conclusion of debate on the Nadler amendment No. 6, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

Source: House floor actions

Aug 1, 2013FloorH8D000

DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler amendment No. 6.

Source: House floor actions

Aug 1, 2013FloorH8D000

DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Sessions amendment No. 5.

Source: House floor actions

Aug 1, 2013FloorH8D000

POSTPONED PROCEEDINGS - At the conclusion of debate on the Latham amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

Source: House floor actions

Aug 1, 2013FloorH8D000

DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Latham amendment No. 4.

Source: House floor actions

Aug 1, 2013FloorH8D000

POSTPONED PROCEEDINGS - At the conclusion of debate on the Smith(MO) 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 (MO) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

Source: House floor actions

Aug 1, 2013FloorH8D000

DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Smith (MO) amendment No. 3.

Source: House floor actions

Aug 1, 2013FloorH8D000

DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Rodney Davis (IL) amendment No. 2.

Source: House floor actions

Aug 1, 2013FloorH8D000

POSTPONED PROCEEDINGS - At the conclusion of debate on the Scalise amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Scalise demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

Source: House floor actions

Aug 1, 2013FloorH8D000

DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Scalise amendment No. 1.

Source: House floor actions

Aug 1, 2013FloorH8D000

The Committee of the Whole resumed its sitting and continued with debate on H.R. 367.

Source: House floor actions

Aug 1, 2013FloorH8D000

The Committee of the Whole rose informally to receive a message from the Senate.

Source: House floor actions

Aug 1, 2013FloorH8D000

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 367.

Source: House floor actions

Aug 1, 2013FloorH32400

The Speaker designated the Honorable Randy Hultgren to act as Chairman of the Committee.

Source: House floor actions

Aug 1, 2013FloorH32020

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 322 and Rule XVIII.

Source: House floor actions

Aug 1, 2013FloorH8D000

In each case the rule provides for one hour of debate on the bill and one motion to recommit for each bill.

Source: House floor actions

Aug 1, 2013FloorH30000

Considered under the provisions of rule H. Res. 322. (consideration: CR H5306-5309, H5309-5332; text of amendment in the nature of a substitute: CR H5315-5317)

Source: House floor actions

Jul 31, 2013FloorH1L210

Rules Committee Resolution H. Res. 322 Reported to House. In each case the rule provides for one hour of debate on the bill and one motion to recommit for each bill.

Source: House floor actions

Jul 19, 2013CalendarsH12410

Placed on the Union Calendar, Calendar No. 115.

Source: House floor actions

Jul 19, 2013DischargeH12300

Committee on Budget discharged.

Source: House floor actions

Jul 19, 2013Committee5500

Committee on Budget discharged.

Source: Library of Congress

Jul 19, 2013DischargeH12300

Committee on Rules discharged.

Source: House floor actions

Jul 19, 2013Committee5500

Committee on Rules discharged.

Source: Library of Congress

Jul 19, 2013CommitteeH12200

Reported (Amended) by the Committee on Judiciary. H. Rept. 113-160, Part I.

Source: House floor actions

Jul 19, 2013Committee5000

Reported (Amended) by the Committee on Judiciary. H. Rept. 113-160, Part I.

Source: Library of Congress

Apr 11, 2013Committee

Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 9.

Source: House committee actions

Apr 11, 2013Committee

Committee Consideration and Mark-up Session Held.

Source: House committee actions

Mar 20, 2013Committee

Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 6 - 3 .

Source: House committee actions

Mar 20, 2013Committee

Subcommittee Consideration and Mark-up Session Held.

Source: House committee actions

Mar 5, 2013Committee

Subcommittee Hearings Held.

Source: House committee actions

Feb 28, 2013Committee

Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

Source: House committee actions

Jan 23, 2013IntroReferralH11100

Referred to the Committee on the Judiciary, and in addition to the Committees on Rules, and the Budget, 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.

Source: House floor actions

Jan 23, 2013IntroReferralH11100

Referred to the Committee on the Judiciary, and in addition to the Committees on Rules, and the Budget, 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.

Source: House floor actions

Jan 23, 2013IntroReferralH11100

Referred to the Committee on the Judiciary, and in addition to the Committees on Rules, and the Budget, 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.

Source: House floor actions

Jan 23, 2013IntroReferralIntro-H

Introduced in House

Source: Library of Congress

Jan 23, 2013IntroReferral1000

Introduced in House

Source: Library of Congress

Introduced in House· Jan 23, 20130

Regulations From the Executive in Need of Scrutiny Act of 2013 - States that the purpose of this Act is to increase accountability for and transparency in the federal regulatory process by requiring Congress to approve all new major regulations.

Revises provisions relating to congressional review of agency rulemaking to require a federal agency promulgating a rule to include in its report to Congress and to the Comptroller General (GAO) a classification of the rule as a major or nonmajor rule.

Requires a joint resolution of approval of major rules to be enacted before such rules may take effect. Provides that if a joint resolution of approval is not enacted by the end of 70 session days or legislative days, as applicable, after the agency proposing the rule submits its report on such rule to Congress, the major rule shall be deemed not to be approved and shall not take effect. Permits a major rule to take effect for one 90-calendar day period without such approval if the President determines it is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement.

Sets forth the congressional approval procedure for major rules and the congressional disapproval procedure for nonmajor rules.

Requires the introduction of a joint resolution addressing a report classifying a rule as a major rule within three legislative days in the House of Representative and three session days in the Senate. Prohibits any amendments to such a joint resolution at any stage of the legislative process. Provides for expedited consideration of a joint resolution of approval and requires a vote on such resolution in the Senate within 15 session days after it is reported by the committee to which it was referred, or after such committee has been discharged from further consideration of the resolution.

Allows a court to review whether an agency has completed the necessary requirements under this Act for a rule to take effect. Limits the effect of a joint resolution of approval of a major rule.

Prohibits an agency from allowing a major rule to take effect without the congressional review procedures set forth in this Act.

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to provide that any congressional approval procedure set forth in this Act affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with this Act.

Reported to House amended, Part I· Jul 19, 201318

Regulations From the Executive in Need of Scrutiny Act of 2013 - (Sec. 2) States that the purpose of this Act is to increase accountability for and transparency in the federal regulatory process by requiring Congress to approve all new major regulations.

(Sec. 3) Revises provisions relating to congressional review of agency rulemaking to require a federal agency promulgating a rule to include in its report to Congress and to the Comptroller General (GAO) a classification of the rule as a major or non-major rule. Requires a joint resolution of approval of major rules to be enacted before such rules may take effect (currently, major rules take effect unless a joint resolution disapproving them is enacted). Provides that if a joint resolution of approval is not enacted by the end of 70 session days or legislative days, as applicable, after the agency proposing the rule submits its report on such rule to Congress, the major rule shall be deemed not to be approved and shall not take effect. Permits a major rule to take effect for one 90-calendar day period without such approval if the President determines it is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement.

Sets forth the congressional approval procedure for major rules and the congressional disapproval procedure for non-major rules. Prohibits an agency from allowing a major rule to take effect without the congressional review procedures set forth in this Act.

Requires the introduction of a joint resolution addressing a report classifying a rule as a major rule within three legislative days in the House of Representative and three session days in the Senate. Prohibits any amendments to such a joint resolution at any stage of the legislative process. Provides for expedited consideration of a joint resolution of approval and requires a vote on such resolution in the Senate within 15 session days after it is reported by the committee to which it was referred, or after such committee has been discharged from further consideration of the resolution.

Allows a court to review whether an agency has completed the necessary requirements under this Act for a rule to take effect (currently, no judicial review of a determination, finding, action, or omission in the rulemaking process is subject to judicial review). Limits the effect of a joint resolution of approval of a major rule.

Makes this Act inapplicable to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

Provides that any rule promulgated by a federal agency that relates to a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping, or any rule other than a major rule for which an agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the agency determines.

(Sec. 4) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to provide that any congressional approval procedure set forth in this Act affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with this Act.

(Sec. 5) Directs the Comptroller General to conduct a study to determine as of the date of enactment of this Act: (1) how many rules were in effect, (2) how many major rules were in effect, and (3) the total estimated economic cost imposed by all such rules. Requires a report to Congress on such study within one year of the enactment of this Act.

Passed House amended· Aug 2, 201336

Regulations From the Executive in Need of Scrutiny Act of 2013 - (Sec. 2) States that the purposes of this Act are to: (1) increase accountability for and transparency in the federal regulatory process by requiring Congress to approve all new major regulations, and (2) include in the definition of "major rule" any rule that implements or provides for the imposition or collection of a tax on carbon emissions. Defines "carbon tax" as a fee, levy, or price on: (1) emissions, including carbon dioxide emissions generated by the burning of coal, natural gas, or oil; or (2) coal, natural gas, or oil based on emissions, including carbon dioxide emissions, that would be generated through the fuel's combustion.

(Sec. 3) Revises provisions relating to congressional review of agency rulemaking to require a federal agency promulgating a rule to include in its report to Congress and to the Comptroller General (GAO): (1) a classification of the rule as a major or nonmajor rule; (2) a list of other regulatory actions taken by the agency or by any other federal agency that are intended to implement the same statutory provision or regulatory objective, as well as the individual and aggregate economic effects of those actions; and (3) a complete copy of any cost-benefit analysis of a rule, including an analysis of jobs added or lost, differentiating between public and private sector jobs.

Requires a joint resolution of approval of major rules to be enacted before such rules may take effect (currently, major rules take effect unless a joint resolution disapproving them is enacted). Provides that if a joint resolution of approval is not enacted by the end of 70 session days or legislative days, as applicable, after the agency proposing the rule submits its report on such rule to Congress, the major rule shall be deemed not to be approved and shall not take effect. Permits a major rule to take effect for one 90-calendar day period without such approval if the President determines it is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement.

Sets forth the congressional approval procedure for major rules and the congressional disapproval procedure for nonmajor rules. Prohibits an agency from allowing a major rule to take effect without the congressional review procedures set forth in this Act.

Requires the introduction of a joint resolution addressing a report classifying a rule as a major rule within three legislative days in the House of Representative and three session days in the Senate. Prohibits any amendments to such a joint resolution at any stage of the legislative process. Provides for expedited consideration of a joint resolution of approval and requires a vote on such resolution in the Senate within 15 session days after it is reported by the committee to which it was referred, or after such committee has been discharged from further consideration of the resolution.

Revises the definition of "major rule" to mean any rule that: (1) has resulted in or is likely to result in an annual effect on the economy of $50 million or more (currently, $100 million); (2) is made by the Administrator of the Environmental Protection Agency (EPA) and that would have a significant impact on a substantial number of agricultural entities; (3) implements or provides for the imposition or collection of a carbon tax; or (4) is made under the Patient Protection and Affordable Care Act.

Allows a court to review whether an agency has completed the necessary requirements under this Act for a rule to take effect (currently, no judicial review of a determination, finding, action, or omission in the rulemaking process is subject to judicial review). Limits the effect of a joint resolution of approval of a major rule.

Makes this Act inapplicable to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

Provides that any rule promulgated by a federal agency that relates to a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping, or any rule other than a major rule for which an agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the agency determines.

(Sec. 4) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to provide that any congressional approval procedure set forth in this Act affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with this Act.

(Sec. 5) Directs the Comptroller General to conduct a study to determine as of the date of enactment of this Act: (1) how many rules were in effect, (2) how many major rules were in effect, and (3) the total estimated economic cost imposed by all such rules. Requires a report to Congress on such study within one year of the enactment of this Act.

Homeland Security and Governmental Affairs Committee

Senate· Standing

Budget Committee

House· Standing

Rules Committee

House· Standing

Judiciary Committee

House· Standing
Administrative law and regulatory proceduresBusiness investment and capitalClimate change and greenhouse gasesCompetitiveness, trade promotion, trade deficitsCongressional oversightEconomic performance and conditionsIndustrial policy and productivityInflation and pricesJudicial review and appealsLegislative rules and procedureUnemployment

Referred in Senate

Sep 9, 2013

Engrossed in House

Aug 2, 2013

Reported in House

Jul 19, 2013

Introduced in House

Jan 23, 2013

Regulations From the Executive in Need of Scrutiny Act of 2013 — Informed