Regulations from the Executive in Need of Scrutiny Act of 2017

Bill: 115-hr-26
Sponsor: Rep. Collins, Doug [R-GA-9]
Introduced: 2017-01-03 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: 2017-01-03
text: 

Regulations from the Executive in Need of Scrutiny Act of 2017

 
This bill revises provisions relating to congressional review of agency rulemaking. A federal agency promulgating a rule must publish information about the rule in the Federal Register and include in its report to Congress and to the Government Accountability Office: (1) a classification of the rule as a major or nonmajor rule, and (2) a copy of the cost-benefit analysis of the rule that includes an analysis of any jobs added or lost. 
 
A "major rule" is any rule that the Office of Information and Regulatory Affairs of the Office of Management and Budget finds results 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, 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. 
 
A joint resolution of approval must be enacted within 70 session days or legislative days after the agency proposing a major rule submits its report on such rule to Congress in order for the rule to take effect. A major rule may take effect for 90 days 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.
 
The bill sets forth the congressional approval procedure for major rules and the congressional disapproval procedure for nonmajor rules. 
 
A joint resolution addressing a report classifying a rule as a major rule must be introduced within three legislative days in the House of Representative and three session days in the Senate. The bill prohibits any amendments to, and provides for expedited consideration of, such a joint resolution.
 
A court may review whether an agency has completed the necessary requirements under this bill for a rule to take effect. The bill limits the effect of a joint resolution of approval of a major rule.
 
The Balanced Budget and Emergency Deficit Control Act of 1985 is amended to provide that any congressional approval procedure set forth in this bill affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with this bill.

action_date: 2017-01-05
text: 

Regulations from the Executive in Need of Scrutiny Act of
 
2017

 
 (Sec. 2) This bill states that its purpose is to increase accountability for and transparency in the federal regulatory process by requiring Congress to approve all new major regulations. 
 
(Sec. 3) The bill revises provisions relating to congressional review of agency rulemaking to require federal agencies promulgating rules to: (1) identify and repeal or amend existing rules to completely offset any annual costs of new rules to the U.S. economy; and (2) publish information about the rules in the Federal Register and include in their reports to Congress and to the Government Accountability Office (GAO) a classification of the rules as major or nonmajor rules and a complete copy of the cost-benefit analysis of the rules, including an analysis of any jobs added or lost, differentiating between public and private sector jobs. A &quot;major rule&quot; is any rule 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 cost on the economy of $100 million or more (adjusted annually for inflation); (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. 
 
A joint resolution of approval of major rules must be enacted before such rules may take effect (currently, major rules take effect unless a joint resolution disapproving them is enacted). 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. The bill 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.
 
The bill sets forth the congressional approval procedure for major rules and the congressional disapproval procedure for nonmajor rules. Agencies are prohibited from allowing a major rule to take effect without the congressional review procedures set forth in this bill. 
 
A joint resolution addressing a report classifying a rule must be introduced as a major rule within three legislative days in the House of Representative and three session days in the Senate. The bill: (1) prohibits any amendments to such a joint resolution at any stage of the legislative process; (2) provides for expedited consideration of a joint resolution of approval; and (3) 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.
 
A court may review whether an agency has completed the necessary requirements under this bill 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). The bill limits the effect of a joint resolution of approval of a major rule.
 
The bill is 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. 
 
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. 
 
Before new rules take effect, agencies must amend or repeal other rules to offset any annual costs of the new rules to the U.S. economy.
 
Over a 10-year period, agencies must submit reports designating for congressional review all agency rules that are in effect as of one year after enactment of this bill. If Congress does not enact a joint resolution of approval for such rules, the rules shall not continue in effect. 
 
(Sec. 4) The Balanced Budget and Emergency Deficit Control Act of 1985 is amended to provide that any congressional approval procedure set forth in this bill affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with this bill.
 
(Sec. 5) The GAO must conduct a study to determine as of the date of enactment of this bill: (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. The GAO must report to Congress on such study within one year of the enactment of this bill. 


Legislative actions:
action_date: 2017-03-29
text: Committee on Small Business and Entrepreneurship. Hearings held. Hearings printed: S.Hrg. 115-21.
action_date: 2017-01-06
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2017-01-05
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2017-01-05
text: On passage Passed by recorded vote: 237 - 187 (Roll no. 23).
action_date: 2017-01-05
text: Passed/agreed to in House: On passage Passed by recorded vote: 237 - 187 (Roll no. 23).
action_date: 2017-01-05
text: On motion to recommit with instructions Failed by recorded vote: 190 - 235 (Roll no. 22).
action_date: 2017-01-05
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2017-01-05
text: DEBATE - The House proceeded with 10 minutes of debate on the 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 add a new section to the bill that prohibits an insurance issuer from eliminating, weakening, or reducing health coverage benefits for dependents under the age of 26.
action_date: 2017-01-05
text: Mrs. Murphy (FL) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H172)
action_date: 2017-01-05
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2017-01-05
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 26.
action_date: 2017-01-05
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which were debated earlier and on which further proceedings had been postponed.
action_date: 2017-01-05
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2017-01-05
text: Considered as unfinished business. (consideration: CR H165-174)
action_date: 2017-01-05
text: Committee of the Whole House on the state of the Union rises leaving H.R. 26 as unfinished business.
action_date: 2017-01-05
text: On motion that the committee rise Agreed to by voice vote.
action_date: 2017-01-05
text: Mr. Marino moved that the committee rise.
action_date: 2017-01-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the King (IA) amendment, 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 later in the legislative day.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the King (IA) amendment No. 12.
action_date: 2017-01-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Scott (VA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Scott (VA) amendment No. 11.
action_date: 2017-01-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the McNerney amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. McNerney demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the McNerney amendment No. 10.
action_date: 2017-01-05
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 later in the legislative day.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler amendment No. 9.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 8.
action_date: 2017-01-05
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 later in the legislative day.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 7.
action_date: 2017-01-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Conyers amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Conyers demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment No. 6.
action_date: 2017-01-05
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 later in the legislative day.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Cicilline amendment No. 5.
action_date: 2017-01-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Castor (FL) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Marino demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Castor (FL) amendment No. 4.
action_date: 2017-01-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Grijalva amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Grijalva demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Grijalva amendment No. 3.
action_date: 2017-01-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Messer amendment, 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 later in the legislative day.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Messer amendment No. 2.
action_date: 2017-01-05
text: DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.
action_date: 2017-01-05
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 26.
action_date: 2017-01-05
text: The Speaker designated the Honorable Randy Hultgren to act as Chairman of the Committee.
action_date: 2017-01-05
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 22 and Rule XVIII.
action_date: 2017-01-05
text: Both H. Res. 11 and H.R. 26 shall be considered as read, and the previous questions shall be considered as ordered without intervening motion or demand for division of the question except one hour of debate. The rule makes in order a motion to recommit on H.R. 26 with or without instructions.
action_date: 2017-01-05
text: Considered under the provisions of rule H. Res. 22. (consideration: CR H124-146; text of measure as introduced: CR H132-134)
action_date: 2017-01-04
text: Rules Committee Resolution H. Res. 22 Reported to House. Both measures shall be considered as read, the previous questions shall be considered as ordered without intervening motion or demand for division of the question except one hour of debate. The rule makes in order a motion to recommit H.R. 26 with or without instructions.
action_date: 2017-01-03
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
action_date: 2017-01-03
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: 2017-01-03
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: 2017-01-03
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: 2017-01-03
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: 2017-01-03
text: Introduced in House
action_date: 2017-01-03
text: Introduced in House