Regulations From the Executive in Need of Scrutiny Act of 2011

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Bill Number

HR 10

Introduced

Jan 20, 2011

Latest Action

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

Sponsor

Cosponsors

Topics

Administrative law and regulatory procedures Business investment and capital Competitiveness, trade promotion, trade deficits Congressional oversight Economic performance and conditions Government Operations and Politics Industrial policy and productivity Inflation and prices Judicial review and appeals Legislative rules and procedure Unemployment

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Votes

Summary

Regulations From the Executive in Need of Scrutiny Act of 2011 - (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 nonmajor rule and an analysis of any jobs added or lost, differentiating between public and private sector jobs, in its cost-benefit analysis of such 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 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 (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.

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

(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.

Actions

Dec 8, 2011

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Dec 7, 2011

Motion to reconsider laid on the table Agreed to without objection.
Dec 7, 2011

On passage Passed by recorded vote: 241 - 184 (Roll no. 901).
Dec 7, 2011

Passed/agreed to in House: On passage Passed by recorded vote: 241 - 184 (Roll no. 901).
Dec 7, 2011

On motion to recommit with instructions Failed by recorded vote: 183 - 235 (Roll no. 900).
Dec 7, 2011

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H8236)
Dec 7, 2011

Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the DeLauro motion to recommit. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to insert a provision entitled "Protection of Food Safety and Consumer's Right to Know through Country-of-Origin Labeling".
Dec 7, 2011

Ms. DeLauro moved to recommit with instructions to Judiciary. (consideration: CR H8235-8237; text: CR H8235)
Dec 7, 2011

The previous question was ordered pursuant to the rule. (consideration: CR H8235)
Dec 7, 2011

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 H8222-8224)
Dec 7, 2011

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 10.
Dec 7, 2011

UNFINISHED BUSINESS - The Chair announced that the unfinished business was on the question of adoption of amendments which were debated earlier and on which further proceedings were postponed.
Dec 7, 2011

POSTPONED PROCEEDINGS - At the conclusion of debate on the Moore amendment, the Chair put the question on adoption of the amendment and by voice vote, announced 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.
Dec 7, 2011

DEBATE - Pursuant to the provisions of H. Res. 479, the Committee of the Whole proceeded with 10 minutes of debate on the Moore Part B amendment No. 7.
Dec 7, 2011

POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced 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.
Dec 7, 2011

DEBATE - Pursuant to the provisions of H. Res. 479, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) Part B amendment No. 6.
Dec 7, 2011

POSTPONED PROCEEDINGS - At the conclusion of debate on the McCarthy (NY) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mrs. McCarthy (NY) demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
Dec 7, 2011

DEBATE - Pursuant to the provisions of H. Res. 479, the Committee of the Whole proceeded with 10 minutes of debate on the McCarthy (NY) Part B amendment No. 5.
Dec 7, 2011

DEBATE - Pursuant to the provisions of H. Res. 479, the Committee of the Whole proceeded with 10 minutes of debate on the McKinley Part B amendment No. 4.
Dec 7, 2011

POSTPONED PROCEEDINGS - At the conclusion of debate on the Schrader amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Schrader demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
Dec 7, 2011

DEBATE - Pursuant to the provisions of H. Res. 479, the Committee of the Whole proceeded with 10 minutes of debate on the Schrader Part B amendment No. 3.
Dec 7, 2011

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 adoption of the amendment until later in the legislative day.
Dec 7, 2011

DEBATE - Pursuant to the provisions of H. Res. 479, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) Part B amendment No. 2.
Dec 7, 2011

DEBATE - Pursuant to the provisions of H. Res. 479, the Committee of the Whole proceeded with 10 minutes of debate on the Sessions Part B amendment No. 1.
Dec 7, 2011

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 10.
Dec 7, 2011

The Speaker designated the Honorable Jeff Denham to act as Chairman of the Committee.
Dec 7, 2011

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 479 and Rule XVIII.
Dec 7, 2011

Rule provides for consideration of H.R. 10 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. The resolution waives all points of order against consideration of the bill. The resolution waives all points of order against provisions in the bill, as amended.
Dec 7, 2011

Considered under the provisions of rule H. Res. 479. (consideration: CR H8209-8237)
Dec 6, 2011

Rule H. Res. 479 passed House.
Dec 1, 2011

Rules Committee Resolution H. Res. 479 Reported to House. Rule provides for consideration of H.R. 10 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. The resolution waives all points of order against consideration of the bill. The resolution waives all points of order against provisions in the bill, as amended.
Nov 18, 2011

Placed on the Union Calendar, Calendar No. 192.
Nov 18, 2011

Reported (Amended) by the Committee on Rules. H. Rept. 112-278, Part II.
Nov 10, 2011

House Committee on Rules Granted an extension for further consideration ending not later than Nov. 22, 2011.
Nov 10, 2011

Reported (Amended) by the Committee on Judiciary. H. Rept. 112-278, Part I.
Oct 25, 2011

Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 14.
Oct 25, 2011

Committee Consideration and Mark-up Session Held.
Mar 8, 2011

Subcommittee Hearings Held.
Feb 7, 2011

Referred to the Subcommittee on Courts, Commercial and Administrative Law.
Jan 20, 2011

Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, 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.
Jan 20, 2011

Introduced in House

Amendments

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