Regulations from the Executive in Need of Scrutiny Act of 2015

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Bill Number

HR 427

Introduced

Jan 21, 2015

Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 307.

Sponsor

Cosponsors

Topics

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 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 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 "major rule" 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.

Actions

Dec 2, 2015

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 307.
Dec 1, 2015

Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Jul 29, 2015

Received in the Senate.
Jul 28, 2015

Motion to reconsider laid on the table Agreed to without objection.
Jul 28, 2015

On passage Passed by recorded vote: 243 - 165 (Roll no. 482).
Jul 28, 2015

Passed/agreed to in House: On passage Passed by recorded vote: 243 - 165 (Roll no. 482).
Jul 28, 2015

On motion to recommit with instructions Failed by recorded vote: 167 - 241 (Roll no. 481).
Jul 28, 2015

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5571)
Jul 28, 2015

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.
Jul 28, 2015

Mr. Nolan moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H5570-5571; text: CR H5570)
Jul 28, 2015

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)
Jul 28, 2015

The previous question was ordered pursuant to the rule. (consideration: CR H5570)
Jul 28, 2015

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 427.
Jul 28, 2015

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.
Jul 28, 2015

The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Jul 28, 2015

Considered as unfinished business. (consideration: CR H5564-5572)
Jul 28, 2015

Committee of the Whole House on the state of the Union rises leaving H.R. 427 as unfinished business.
Jul 28, 2015

On motion that the Committee rise Agreed to by voice vote.
Jul 28, 2015

Mr. Goodlatte moved that the Committee rise.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

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.
Jul 28, 2015

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 427.
Jul 28, 2015

The Speaker designated the Honorable Kenny Marchant to act as Chairman of the Committee.
Jul 28, 2015

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 380 and Rule XVIII.
Jul 28, 2015

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.
Jul 28, 2015

Considered under the provisions of rule H. Res. 380. (consideration: CR H5545-5564)
Jul 28, 2015

Rule H. Res. 380 passed House.
Jul 27, 2015

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.
Jul 21, 2015

Placed on the Union Calendar, Calendar No. 161.
Jul 21, 2015

Committee on the Budget discharged.
Jul 21, 2015

Committee on Rules discharged.
Jul 21, 2015

Reported (Amended) by the Committee on Judiciary. H. Rept. 114-214, Part I.
Apr 15, 2015

Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 10.
Apr 15, 2015

Committee Consideration and Mark-up Session Held.
Apr 14, 2015

Subcommittee on Regulatory Reform, Commercial And Antitrust Law Discharged.
Feb 5, 2015

Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Jan 21, 2015

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.
Jan 21, 2015

Introduced in House

Amendments

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