HR 427 · 114th Congress 2015–2017, ended

Regulations from the Executive in Need of Scrutiny Act of 2015

Introduced Jan 21, 2015 Originated House Sponsor Todd Young R-IN

Fact sheet Spreadsheet

Latest action · Dec 2, 2015 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 307.

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 21, 2015
  2. Passed HouseJul 28, 2015
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

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.

Recorded votes 10

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

Roll callQuestionResultDate
House 482Passed243–165Jul 28, 2015
House 481Failed167–241Jul 28, 2015
House 480Failed167–239Jul 28, 2015
House 479Failed167–241Jul 28, 2015
House 478Failed167–243Jul 28, 2015
Show all 10 votes

Cosponsors 171

Members who signed on, in the order they did. Signatures ran from Jan 21, 2015 to Jul 21, 2015; 133 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-ILAaron SchockOriginalJan 21, 2015
R-NEAdrian SmithOriginalJan 21, 2015
R-MSAlan NunneleeOriginalJan 21, 2015
R-WVAlexander X. MooneyOriginalJan 21, 2015
R-FLAnder CrenshawOriginalJan 21, 2015
R-KYAndy BarrOriginalJan 21, 2015
R-MOAnn WagnerOriginalJan 21, 2015
R-GABarry LoudermilkOriginalJan 21, 2015
R-TXBill FloresOriginalJan 21, 2015
R-MIBill HuizengaOriginalJan 21, 2015
R-FLBill PoseyOriginalJan 21, 2015
R-MOBilly LongOriginalJan 21, 2015
R-TXBlake FarentholdOriginalJan 21, 2015
R-OHBob GibbsOriginalJan 21, 2015
R-VABob GoodlatteOriginalJan 21, 2015
Show all 171 cosponsors

Committees 3

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

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Jan 21, 2015Markup Apr 15, 2015Reported Jul 21, 2015
Administrative State, Regulatory Reform, and Antitrust Subcommittee
Referred Feb 5, 2015Discharged Apr 14, 2015
HouseRules Committee
Referred Jan 21, 2015Discharged Jul 21, 2015
HouseBudget Committee
Referred Jan 21, 2015Discharged Jul 21, 2015

Actions 52

Everything that happened, newest first.

  1. Dec 2, 2015Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 307.
  2. Dec 1, 2015Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  3. Jul 29, 2015Received in the Senate.
  4. Jul 28, 2015Rule H. Res. 380 passed House.
  5. Jul 28, 2015Considered under the provisions of rule H. Res. 380. (consideration: CR H5545-5564)
  6. Jul 28, 2015Rule 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.
  7. Jul 28, 2015House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 380 and Rule XVIII.
  8. Jul 28, 2015The Speaker designated the Honorable Kenny Marchant to act as Chairman of the Committee.
  9. Jul 28, 2015GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 427.
  10. Jul 28, 2015DEBATE - 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.
  11. Jul 28, 2015POSTPONED 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.
  12. Jul 28, 2015DEBATE - 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.
  13. Jul 28, 2015POSTPONED 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.
  14. Jul 28, 2015DEBATE - 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.
  15. Jul 28, 2015DEBATE - 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.
  16. Jul 28, 2015POSTPONED 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.
  17. Jul 28, 2015DEBATE - 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.
  18. Jul 28, 2015POSTPONED 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.
  19. Jul 28, 2015DEBATE - 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.
  20. Jul 28, 2015POSTPONED 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.
  21. Jul 28, 2015DEBATE - 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.
  22. Jul 28, 2015POSTPONED 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.
  23. Jul 28, 2015DEBATE - 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.
  24. Jul 28, 2015POSTPONED 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.
  25. Jul 28, 2015DEBATE - 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.
  26. Jul 28, 2015POSTPONED 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.
  27. Jul 28, 2015Mr. Goodlatte moved that the Committee rise.
  28. Jul 28, 2015On motion that the Committee rise Agreed to by voice vote.
  29. Jul 28, 2015Committee of the Whole House on the state of the Union rises leaving H.R. 427 as unfinished business.
  30. Jul 28, 2015Considered as unfinished business. (consideration: CR H5564-5572)
  31. Jul 28, 2015The House resolved into Committee of the Whole House on the state of the Union for further consideration.
  32. Jul 28, 2015UNFINISHED 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.
  33. Jul 28, 2015The House rose from the Committee of the Whole House on the state of the Union to report H.R. 427.
  34. Jul 28, 2015The previous question was ordered pursuant to the rule. (consideration: CR H5570)
  35. Jul 28, 2015The 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)
  36. Jul 28, 2015Mr. Nolan moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H5570-5571; text: CR H5570)
  37. Jul 28, 2015Floor 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.
  38. Jul 28, 2015The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5571)
  39. Jul 28, 2015On motion to recommit with instructions Failed by recorded vote: 167 - 241 (Roll no. 481).
  40. Jul 28, 2015Passed/agreed to in House: On passage Passed by recorded vote: 243 - 165 (Roll no. 482).
  41. Jul 28, 2015Motion to reconsider laid on the table Agreed to without objection.
  42. Jul 27, 2015Rules 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.
  43. Jul 21, 2015Reported (Amended) by the Committee on Judiciary. H. Rept. 114-214, Part I.
  44. Jul 21, 2015Committee on Rules discharged.
  45. Jul 21, 2015Committee on the Budget discharged.
  46. Jul 21, 2015Placed on the Union Calendar, Calendar No. 161.
  47. Apr 15, 2015Committee Consideration and Mark-up Session Held.
  48. Apr 15, 2015Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 10.
  49. Apr 14, 2015Subcommittee on Regulatory Reform, Commercial And Antitrust Law Discharged.
  50. Feb 5, 2015Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
  51. Jan 21, 2015Introduced in House
  52. Jan 21, 2015Referred 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.

In the Congressional Record 10

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 H7394J. French Hill R-ARDec 7, 2016
HouseDebate and remarks H553Steve King R-IAFeb 3, 2016
HouseDebate and remarks H215Cresent Hardy R-NVJan 8, 2016
SenateDebate and remarks S8248Mitch McConnell R-KYDec 2, 2015
SenateDebate and remarks S8246Mitch McConnell R-KYDec 1, 2015
Show all 10 days

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

Congressional Budget Office cost estimate

  1. Apr 28, 2015H.R. 427, Regulations From the Executive in Need of Scrutiny Act of 2015As ordered reported by the House Committee on the Judiciary on April 15, 2015

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 Congressional Record, vol. 161, no. 10, January 21, 2015, page H481.

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. 114-39OFFICE OF INFORMATION AND REGULATORY AFFAIRS112 pagesJudiciary CommitteeJul 15, 2015

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
R43851Clean Air Issues in the 114th Congress ArchivedReportDec 21, 2016
R44631The Financial CHOICE Act in the 114th Congress: Policy Issues ArchivedReportSep 14, 2016

Amendments 9

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 683Amendment requires agencies to publish in the federal register a list of information on which a rule is based, including data, scientific and economic studies, and cost-benefit analyses, and where the public can access it online.David Young R-IAOn agreeing to the Young (IA) amendment (A001) Agreed to by recorded vote: 250 - 159 (Roll no. 473).
HAmdt 684Amendment requires congressional approval for all rules proposed under the authority of the Affordable Care Act.Jason Smith R-MOOn agreeing to the Smith (MO) amendment (A002) Agreed to by recorded vote: 242 - 167 (Roll no. 474).
HAmdt 685Amendment requires the agency submitting the report on a 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.Rodney Davis R-ILOn agreeing to the Davis, Rodney amendment (A003) Agreed to by voice vote.
HAmdt 686Amendment sought to add an exception to the bill for rules that the Administrator of the Office of Management and Budget determines would result in net job growth.Henry C. "Hank" Johnson, Jr. D-GAOn agreeing to the Johnson (GA) amendment (A004) Failed by recorded vote: 163 - 246 (Roll no. 475).
HAmdt 687Amendment sought to provide that any rule intended to ensure the safety of natural gas or hazardous materials pipelines or prevent, mitigate, or reduce the impact of spills from such pipelines is not considered a "major rule" under the bill.Lois Capps D-CAOn agreeing to the Capps amendment (A005) Failed by recorded vote: 166 - 244 (Roll no. 476).
Show all 9 amendments

Related bills 6

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

BillTitleRelationshipLatest action
S 226Regulations From the Executive in Need of Scrutiny Act of 2015Identical billJan 21, 2015
HRES 380Providing for consideration of the bill (H.R. 427) 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; providing for proceedings during the period from July 30, 2015, through September 7, 2015; and for other purposes.Procedurally relatedJul 28, 2015
HR 2778Sunset Act of 2015Related billJul 1, 2015
HR 3056Stop the EPA Act of 2015Related billJul 29, 2015
HR 5527CFPB Rule Accountability Act of 2016Related billJun 16, 2016
Show all 6 related bills

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 2015
Short Titles as Reported to House
Regulations from the Executive in Need of Scrutiny Act of 2015
Short Titles as Passed House
Regulations from the Executive in Need of Scrutiny Act of 2015

Subjects

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

Text 5

Each version as it was printed, newest first.

  1. Dec 2, 2015Placed on Calendar Senate
  2. Jul 29, 2015Received in Senate
  3. Jul 28, 2015Engrossed in House
  4. Jul 21, 2015Reported in House
  5. Jan 21, 2015Introduced 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.