HR 367 · 113th Congress 2013–2015, ended

Regulations From the Executive in Need of Scrutiny Act of 2013

Latest action · Sep 9, 2013 Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 23, 2013
  2. Passed HouseAug 2, 2013
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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.

Recorded votes 9

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 445Passed232–183Aug 2, 2013
House 444Failed185–229Aug 2, 2013
House 443Failed190–226Aug 2, 2013
House 442Failed185–232Aug 2, 2013
House 441On Agreeing to the AmendmentFailed182–235Aug 2, 2013

Yea 182

Nay 235

Cosponsors 164

Members who signed on, in the order they did. Signatures ran from Jan 23, 2013 to Jul 19, 2013; 121 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-ILAaron SchockOriginalJan 23, 2013
R-ILAdam KinzingerOriginalJan 23, 2013
R-NEAdrian SmithOriginalJan 23, 2013
R-MSAlan NunneleeOriginalJan 23, 2013
R-KYAndy BarrOriginalJan 23, 2013
R-MOAnn WagnerOriginalJan 23, 2013
R-LABill CassidyOriginalJan 23, 2013
R-TXBill FloresOriginalJan 23, 2013
R-MIBill HuizengaOriginalJan 23, 2013
R-OHBill JohnsonOriginalJan 23, 2013
R-FLBill PoseyOriginalJan 23, 2013
R-MOBilly LongOriginalJan 23, 2013
R-MOBlaine LuetkemeyerOriginalJan 23, 2013
R-OHBob GibbsOriginalJan 23, 2013
R-KYBrett GuthrieOriginalJan 23, 2013

Committees 4

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Jan 23, 2013Markup Apr 11, 2013Reported Jul 19, 2013
Administrative State, Regulatory Reform, and Antitrust Subcommittee
Referred Feb 28, 2013Hearings Mar 5, 2013Markup Mar 20, 2013Reported Mar 20, 2013
HouseRules Committee
Referred Jan 23, 2013Discharged Jul 19, 2013
HouseBudget Committee
Referred Jan 23, 2013Discharged Jul 19, 2013
SenateHomeland Security and Governmental Affairs Committee
Referred Sep 9, 2013

Actions 54

Everything that happened, newest first.

  1. Sep 9, 2013Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  2. Aug 2, 2013Considered as unfinished business. (consideration: CR H5353-5360)
  3. Aug 2, 2013The House resolved into Committee of the Whole House on the state of the Union for further consideration.
  4. Aug 2, 2013UNFINISHED 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.
  5. Aug 2, 2013The House rose from the Committee of the Whole House on the state of the Union to report H.R. 367.

In the Congressional Record 13

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H7110–H7113Keith J. Rothfus R-PA, Rob Woodall R-GAJul 30, 2014
HouseDebate and remarks H2843Brad R. Wenstrup R-OHApr 2, 2014
SenateDebate and remarks S351John Cornyn R-TXJan 15, 2014
HouseDebate and remarks H7557Eric Cantor R-VADec 5, 2013
House · ExtensionsDebate and remarks E1213, E1214, H5352, H5353–H5360, H5374, H5376Motions H5358Recorded votes H5353, H5354, H5355, H5356, H5357, H5359, H5360enactJohnson of Georgia amendment (exempt any major rule that OMB determines would result in job creation)Kuster motion to recommit (exempt major rules that create jobs or economic growth, reduce deficit, or protect health and safety)Latham amendment (require agencies to include in report promulgating executive branch rules a list of related regulatory actions by other Federal agencies)Moore amendment (exempt major rules relative to veterans affairs)Nadler amendment (exempt major rules relative to nuclear reactor safety standards)Scalise amendment (include a tax on carbon emissions under major rules)Ann M. Kuster D-NH (motion), Betty McCollum D-MN, Bob Goodlatte R-VA, Brad R. Wenstrup R-OH, Chris Van Hollen D-MD, Gene Green D-TX, Joe Wilson R-SC, Steve Daines R-MTAug 2, 2013

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted Congress under Article I of the United States Constitution, including the power granted Congress under Article I, Section 8, Clause 18, of the United States Constitution, and the power granted to each House of Congress under Article I, Section 5, Clause 2, of the United States Constitution.

The sponsor’s statement, as printed in the page H282.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 113-26``REINS ACT OF 2013'': PROMOTING JOBS, GROWTH AND AMERICAN COMPETITIVENESS141 pagesJudiciary CommitteeMar 5, 2013

CRS reports 2

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 2

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
R42895Clean Air Issues in the 113th Congress: An Overview ArchivedReportJan 6, 2015
R43230Climate Change Legislation in the 113th Congress ArchivedReportMar 12, 2014

Amendments 11

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 448Amendment requires the Administration to receive approval from Congress before implementing a carbon tax.Steve Scalise R-LAOn agreeing to the Scalise amendment (A001) Agreed to by recorded vote: 237 - 176 (Roll no. 437). (consideration: CR H5353-5354)
HAmdt 449Amendment adds to the definition of what constitutes a "major rule" to include any interim final rule issued by EPA that would have a significant impact on a substantial amount of agricultural entities (as determined by the Secretary of Agriculture).Rodney Davis R-ILOn agreeing to the Davis, Rodney amendment (A002) Agreed to by voice vote.
HAmdt 450Amendment requires Congressional approval for all rules under the authority of the Affordable Care Act.Jason Smith R-MOOn agreeing to the Smith (MO) amendment (A003) Agreed to by recorded vote: 227 - 185 (Roll no. 438). (consideration: CR H5354)
HAmdt 451Amendment clarifies that the report required to be submitted to Congress by Federal agencies promulgating a rule under the Act, must include a list of any other related regulatory actions taken by, or that will be taken by, any other Federal agency with authority to implement the same statutory provision or regulatory objective.Tom Latham R-IAOn agreeing to the Latham amendment (A004) Agreed to by recorded vote: 263 - 152 (Roll no. 439). (consideration: CR H5354-5355)
HAmdt 452Amendment requires an agency submitting a report on any proposed Federal rule to include an assessment, as part of the cost-benefit analysis submitted to the Comptroller General and each House of Congress, of anticipated jobs gained or lost as a result of implementation, and to specify whether those jobs will come from the public or private sector.Pete Sessions R-TXOn agreeing to the Sessions amendment (A005) Agreed to by voice vote.

Related bills 5

Companion bills and other measures the record links to this one.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend chapter 8 of title 5, United States Code, to provide that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law.
Short Titles as Introduced
Regulations From the Executive in Need of Scrutiny Act of 2013
Short Titles as Reported to House
Regulations From the Executive in Need of Scrutiny Act of 2013
Short Titles as Passed House
Regulations From the Executive in Need of Scrutiny Act of 2013

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 4

Each version as it was printed, newest first.

  1. Sep 9, 2013Referred in Senate
  2. Aug 2, 2013Engrossed in House
  3. Jul 19, 2013Reported in House
  4. Jan 23, 2013Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.