Ask AI
Bill113th CongressFiled Jan 23, 2013Government Operations and Politics
H.R. 367

Regulations From the Executive in Need of Scrutiny Act of 2013

Bill journey · stage 2 of 5

Under committee review

Filed
Comm.
Floor
Both
Law

What it doesSummary passed house amended (Aug 2, 2013)

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.

What just happenedSep 9, 2013

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

Who’s behind it

Rep. Young, Todd [R-IN-9](R-IN)Sponsor
164 cosponsors164 R
Read on Congress.gov
164cosponsors4committees61actions11amendments5related bills11subjects
  1. Sep 9, 2013IntroReferral

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

    Homeland Security and Governmental Affairs Committee
  2. Aug 2, 2013FloorH38310

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

  3. Aug 2, 2013FloorH37100

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

  4. Aug 2, 2013Floor8000

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

  5. Aug 2, 2013FloorH36110

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

    Judiciary Committee
  6. Aug 2, 2013FloorH8A000

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

  7. 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".

  8. Aug 2, 2013FloorH36100

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

    Judiciary Committee
  9. 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.

  10. Aug 2, 2013FloorH35000

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

  11. Aug 2, 2013FloorH32600

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

  12. 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.

  13. Aug 2, 2013FloorH32050

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

  14. Aug 2, 2013FloorH30000

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

  15. Aug 1, 2013FloorH32700

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

  16. Aug 1, 2013FloorH32341

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

  17. Aug 1, 2013FloorH32340

    Mr. Goodlatte moved that the Committee rise.

  18. 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.

  19. 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.

  20. 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.

  21. 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.

  22. 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.

  23. 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.

  24. 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.

  25. 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.

  26. 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.

  27. 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.

  28. 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.

  29. 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.

  30. 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.

  31. 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.

  32. 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.

  33. 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.

  34. 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.

  35. 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.

  36. Aug 1, 2013FloorH8D000

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

  37. Aug 1, 2013FloorH8D000

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

  38. Aug 1, 2013FloorH8D000

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

  39. Aug 1, 2013FloorH32400

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

  40. 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.

  41. 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.

  42. 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)

  43. 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.

  44. Jul 19, 2013CalendarsH12410

    Placed on the Union Calendar, Calendar No. 115.

  45. Jul 19, 2013DischargeH12300

    Committee on Budget discharged.

    Budget Committee
  46. Jul 19, 2013Committee5500

    Committee on Budget discharged.

    Budget Committee
  47. Jul 19, 2013DischargeH12300

    Committee on Rules discharged.

    Rules Committee
  48. Jul 19, 2013Committee5500

    Committee on Rules discharged.

    Rules Committee
  49. Jul 19, 2013CommitteeH12200

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

    Judiciary Committee
  50. Jul 19, 2013Committee5000

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

    Judiciary Committee
  51. Apr 11, 2013Committee

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

    Judiciary Committee
  52. Apr 11, 2013Committee

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  53. Mar 20, 2013Committee

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

    Administrative State, Regulatory Reform, and Antitrust Subcommittee
  54. Mar 20, 2013Committee

    Subcommittee Consideration and Mark-up Session Held.

    Administrative State, Regulatory Reform, and Antitrust Subcommittee
  55. Mar 5, 2013Committee

    Subcommittee Hearings Held.

    Administrative State, Regulatory Reform, and Antitrust Subcommittee
  56. Feb 28, 2013Committee

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

    Administrative State, Regulatory Reform, and Antitrust Subcommittee
  57. 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.

    Budget Committee
  58. 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.

    Rules Committee
  59. 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.

    Judiciary Committee
  60. Jan 23, 2013IntroReferralIntro-H

    Introduced in House

  61. Jan 23, 2013IntroReferral1000

    Introduced in House

Passed House amendedAug 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.

Reported to House amended, Part IJul 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.

Introduced in HouseJan 23, 2013

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.

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