Regulations from the Executive in Need of Scrutiny Act of 2015

Bill: 114-hr-427
Sponsor: Rep. Young, Todd [R-IN-9]
Introduced: 2015-01-21 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Advanced technology and technological innovations
Business investment and capital
Competition and antitrust
Competitiveness, trade promotion, trade deficits
Congressional oversight
Economic performance and conditions
Industrial policy and productivity
Inflation and prices
Judicial review and appeals
Legislative rules and procedure
Unemployment

Summary:
action_date: 2015-01-21
text: 

Regulations From the Executive in Need of Scrutiny Act of 2015

 
 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 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.

action_date: 2015-07-21
text: 

Regulations From the Executive in Need of Scrutiny Act of 2015

 
 (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 Government Accountability Office (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 GAO 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. 

action_date: 2015-07-28
text: 

Regulations From the Executive in Need of Scrutiny Act of 2015

 
 (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 publish information about the rule in the Federal Register and include in its report to Congress and to the Government Accountability Office (GAO) a classification of the rule as a major or non-major rule and a complete copy of the cost-benefit analysis of the rule, including an analysis of any jobs added or lost, differentiating between public and private sector jobs. Defines &quot;major rule&quot; as any rule that is made under the Patient Protection and Affordable Care Act or that the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. 
 
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 GAO 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. 


Legislative actions:
action_date: 2015-12-02
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 307.
action_date: 2015-12-01
text: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2015-07-29
text: Received in the Senate.
action_date: 2015-07-28
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2015-07-28
text: On passage Passed by recorded vote: 243 - 165 (Roll no. 482).
action_date: 2015-07-28
text: Passed/agreed to in House: On passage Passed by recorded vote: 243 - 165 (Roll no. 482).
action_date: 2015-07-28
text: On motion to recommit with instructions Failed by recorded vote: 167 - 241 (Roll no. 481).
action_date: 2015-07-28
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5571)
action_date: 2015-07-28
text: Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Nolan motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to ensure that rules to protect Social Security and Medicare would not be undermined by the underlying legislation such as: rules that would prevent an increase in Social Security the retirement age, rules that would restrict Medicare benefit changes, or rules that would prohibit the transformation of Medicare into a voucher system.
action_date: 2015-07-28
text: Mr. Nolan moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H5570-5571; text: CR H5570)
action_date: 2015-07-28
text: 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. (text of amendment in the nature of a substitute: CR H5552-5555)
action_date: 2015-07-28
text: The previous question was ordered pursuant to the rule. (consideration: CR H5570)
action_date: 2015-07-28
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 427.
action_date: 2015-07-28
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2015-07-28
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2015-07-28
text: Considered as unfinished business. (consideration: CR H5564-5572)
action_date: 2015-07-28
text: Committee of the Whole House on the state of the Union rises leaving H.R. 427 as unfinished business.
action_date: 2015-07-28
text: On motion that the Committee rise Agreed to by voice vote.
action_date: 2015-07-28
text: Mr. Goodlatte moved that the Committee rise.
action_date: 2015-07-28
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Pocan amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Pocan demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2015-07-28
text: DEBATE - Pursuant to the provisions of H. Res. 380, the Committee of the Whole proceeded with 10 minutes of debate on the Pocan amendment No. 10.
action_date: 2015-07-28
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Nadler amendment, 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.
action_date: 2015-07-28
text: DEBATE - Pursuant to the provisions of H. Res. 380, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler amendment No. 9.
action_date: 2015-07-28
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Cicilline amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Cicilline demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2015-07-28
text: DEBATE - Pursuant to the provisions of H. Res. 380, the Committee of the Whole proceeded with 10 minutes of debate on the Cicilline amendment No. 7.
action_date: 2015-07-28
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Cicilline amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Goodlatte demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2015-07-28
text: DEBATE - Pursuant to the provisions of H. Res. 380, the Committee of the Whole proceeded with 10 minutes of debate on the Cicilline amendment No. 6.
action_date: 2015-07-28
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Capps amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mrs. Capps demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2015-07-28
text: DEBATE - Pursuant to the provisions of H.Res. 380, the Committee of the Whole proceeded with 10 minutes of debate on the Capps amendment No. 5.
action_date: 2015-07-28
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson(GA) amendment, 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.
action_date: 2015-07-28
text: DEBATE - Pursuant to the provisions of H.Res. 380, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson(GA) amendment No. 4.
action_date: 2015-07-28
text: DEBATE - Pursuant to the provisions of H.Res. 380, the Committee of the Whole proceeded with 10 minutes of debate on the Rodney Davis(IL) amendment No. 3.
action_date: 2015-07-28
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Smith(MO) amendment, 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.
action_date: 2015-07-28
text: DEBATE - Pursuant to the provisions of H.Res. 380, the Committee of the Whole proceeded with 10 minutes of debate on the Smith(MO) amendment No. 2.
action_date: 2015-07-28
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Young (IA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Edwards demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2015-07-28
text: DEBATE - Pursuant to the provisions of H.Res. 380, the Committee of the Whole proceeded with 10 minutes of debate on the Young(IA) amendment No. 1.
action_date: 2015-07-28
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 427.
action_date: 2015-07-28
text: The Speaker designated the Honorable Kenny Marchant to act as Chairman of the Committee.
action_date: 2015-07-28
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 380 and Rule XVIII.
action_date: 2015-07-28
text: Rule provides for consideration of H.R. 427 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. Resolution also provides for proceedings of the House during the period from July 30, 2015, through September 7, 2015.
action_date: 2015-07-28
text: Considered under the provisions of rule H. Res. 380. (consideration: CR H5545-5564)
action_date: 2015-07-28
text: Rule H. Res. 380 passed House.
action_date: 2015-07-27
text: Rules Committee Resolution H. Res. 380 Reported to House. Rule provides for consideration of H.R. 427 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. Resolution also provides for proceedings of the House during the period from July 30, 2015, through September 7, 2015.
action_date: 2015-07-21
text: Placed on the Union Calendar, Calendar No. 161.
action_date: 2015-07-21
text: Committee on the Budget discharged.
action_date: 2015-07-21
text: Committee on the Budget discharged.
action_date: 2015-07-21
text: Committee on Rules discharged.
action_date: 2015-07-21
text: Committee on Rules discharged.
action_date: 2015-07-21
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 114-214, Part I.
action_date: 2015-07-21
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 114-214, Part I.
action_date: 2015-04-15
text: Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 10.
action_date: 2015-04-15
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-04-14
text: Subcommittee on Regulatory Reform, Commercial And Antitrust Law Discharged.
action_date: 2015-02-05
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
action_date: 2015-01-21
text: 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.
action_date: 2015-01-21
text: 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.
action_date: 2015-01-21
text: 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.
action_date: 2015-01-21
text: 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.
action_date: 2015-01-21
text: Introduced in House
action_date: 2015-01-21
text: Introduced in House