Regulations from the Executive in Need of Scrutiny Act of 2015
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.
- IntroducedJan 21, 2015
- Passed HouseJul 28, 2015
- Passed SenateNot reached
- To the PresidentNot reached
- 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 call | Question | Result | Date |
|---|---|---|---|
| House 482 | On Passage | Passed243–165 | Jul 28, 2015 |
| House 481 | On Motion to Recommit with Instructions | Failed167–241 | Jul 28, 2015 |
| House 480 | On Agreeing to the Amendment | Failed167–239 | Jul 28, 2015 |
| House 479 | On Agreeing to the Amendment | Failed167–241 | Jul 28, 2015 |
| House 478 | On Agreeing to the Amendment | Failed167–243 | Jul 28, 2015 |
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.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-IL | Aaron Schock | Original | Jan 21, 2015 |
| R-NE | Adrian Smith | Original | Jan 21, 2015 |
| R-MS | Alan Nunnelee | Original | Jan 21, 2015 |
| R-WV | Alexander X. Mooney | Original | Jan 21, 2015 |
| R-FL | Ander Crenshaw | Original | Jan 21, 2015 |
| R-KY | Andy Barr | Original | Jan 21, 2015 |
| R-MO | Ann Wagner | Original | Jan 21, 2015 |
| R-GA | Barry Loudermilk | Original | Jan 21, 2015 |
| R-TX | Bill Flores | Original | Jan 21, 2015 |
| R-MI | Bill Huizenga | Original | Jan 21, 2015 |
| R-FL | Bill Posey | Original | Jan 21, 2015 |
| R-MO | Billy Long | Original | Jan 21, 2015 |
| R-TX | Blake Farenthold | Original | Jan 21, 2015 |
| R-OH | Bob Gibbs | Original | Jan 21, 2015 |
| R-VA | Bob Goodlatte | Original | Jan 21, 2015 |
| R-OH | Brad R. Wenstrup | Original | Jan 21, 2015 |
| R-AL | Bradley Byrne | Original | Jan 21, 2015 |
| R-KY | Brett Guthrie | Original | Jan 21, 2015 |
| R-TX | Brian Babin | Original | Jan 21, 2015 |
| R-WA | Cathy McMorris Rodgers | Original | Jan 21, 2015 |
| R-TN | Charles J. "Chuck" Fleischmann | Original | Jan 21, 2015 |
| R-LA | Charles W. Boustany, Jr. | Original | Jan 21, 2015 |
| R-NY | Chris Collins | Original | Jan 21, 2015 |
| R-UT | Chris Stewart | Original | Jan 21, 2015 |
| R-NY | Christopher P. Gibson | Original | Jan 21, 2015 |
| R-NV | Cresent Hardy | Original | Jan 21, 2015 |
| R-FL | Curt Clawson | Original | Jan 21, 2015 |
| R-WY | Cynthia M. Lummis | Original | Jan 21, 2015 |
| R-MI | Dan Benishek | Original | Jan 21, 2015 |
| R-FL | Daniel Webster | Original | Jan 21, 2015 |
| R-WV | David B. McKinley | Original | Jan 21, 2015 |
| R-CA | David G. Valadao | Original | Jan 21, 2015 |
| R-TN | David P. Roe | Original | Jan 21, 2015 |
| R-NC | David Rouzer | Original | Jan 21, 2015 |
| R-FL | David W. Jolly | Original | Jan 21, 2015 |
| R-CA | Devin Nunes | Original | Jan 21, 2015 |
| R-TN | Diane Black | Original | Jan 21, 2015 |
| R-AK | Don Young | Original | Jan 21, 2015 |
| R-CA | Doug LaMalfa | Original | Jan 21, 2015 |
| R-CO | Doug Lamborn | Original | Jan 21, 2015 |
| R-CA | Duncan Hunter | Original | Jan 21, 2015 |
| R-AR | Eric A. "Rick" Crawford | Original | Jan 21, 2015 |
| R-WV | Evan H. Jenkins | Original | Jan 21, 2015 |
| R-NH | Frank C. Guinta | Original | Jan 21, 2015 |
| R-WI | Glenn Grothman | Original | Jan 21, 2015 |
| R-MS | Gregg Harper | Original | Jan 21, 2015 |
| R-VA | H. Morgan Griffith | Original | Jan 21, 2015 |
| R-VA | J. Randy Forbes | Original | Jan 21, 2015 |
| R-IN | Jackie Walorski | Original | Jan 21, 2015 |
| R-UT | Jason Chaffetz | Original | Jan 21, 2015 |
| R-MO | Jason Smith | Original | Jan 21, 2015 |
| R-TX | Jeb Hensarling | Original | Jan 21, 2015 |
| R-SC | Jeff Duncan | Original | Jan 21, 2015 |
| R-NE | Jeff Fortenberry | Original | Jan 21, 2015 |
| R-FL | Jeff Miller | Original | Jan 21, 2015 |
| R-OK | Jim Bridenstine | Original | Jan 21, 2015 |
| R-SC | Joe Wilson | Original | Jan 21, 2015 |
| R-TX | John Abney Culberson | Original | Jan 21, 2015 |
| R-TN | John J. Duncan, Jr. | Original | Jan 21, 2015 |
| R-MN | John Kline | Original | Jan 21, 2015 |
| R-IL | John Shimkus | Original | Jan 21, 2015 |
| R-NV | Joseph J. Heck | Original | Jan 21, 2015 |
| R-PA | Keith J. Rothfus | Original | Jan 21, 2015 |
| R-TX | Kevin Brady | Original | Jan 21, 2015 |
| R-ND | Kevin Cramer | Original | Jan 21, 2015 |
| R-KS | Kevin Yoder | Original | Jan 21, 2015 |
| R-SD | Kristi L. Noem | Original | Jan 21, 2015 |
| R-TX | Lamar Smith | Original | Jan 21, 2015 |
| R-IN | Larry Bucshon | Original | Jan 21, 2015 |
| R-TX | Louie Gohmert | Original | Jan 21, 2015 |
| R-IN | Luke Messer | Original | Jan 21, 2015 |
| R-GA | Lynn A. Westmoreland | Original | Jan 21, 2015 |
| R-KS | Lynn Jenkins | Original | Jan 21, 2015 |
| R-TX | Mac Thornberry | Original | Jan 21, 2015 |
| R-FL | Mario Diaz-Balart | Original | Jan 21, 2015 |
| R-NV | Mark E. Amodei | Original | Jan 21, 2015 |
| R-NC | Mark Meadows | Original | Jan 21, 2015 |
| R-OK | Markwayne Mullin | Original | Jan 21, 2015 |
| R-TN | Marsha Blackburn | Original | Jan 21, 2015 |
| R-AZ | Matt Salmon | Original | Jan 21, 2015 |
| R-PA | Michael G. Fitzpatrick | Original | Jan 21, 2015 |
| R-ID | Michael K. Simpson | Original | Jan 21, 2015 |
| R-OH | Michael R. Turner | Original | Jan 21, 2015 |
| R-TX | Michael T. McCaul | Original | Jan 21, 2015 |
| R-SC | Mick Mulvaney | Original | Jan 21, 2015 |
| R-PA | Mike Kelly | Original | Jan 21, 2015 |
| R-KS | Mike Pompeo | Original | Jan 21, 2015 |
| R-AL | Mike Rogers | Original | Jan 21, 2015 |
| R-AL | Mo Brooks | Original | Jan 21, 2015 |
| R-OH | Patrick J. Tiberi | Original | Jan 21, 2015 |
| R-AZ | Paul A. Gosar | Original | Jan 21, 2015 |
| R-WI | Paul D. Ryan | Original | Jan 21, 2015 |
| R-TX | Pete Olson | Original | Jan 21, 2015 |
| R-TX | Pete Sessions | Original | Jan 21, 2015 |
| R-IL | Peter J. Roskam | Original | Jan 21, 2015 |
| R-IL | Randy Hultgren | Original | Jan 21, 2015 |
| R-TX | Randy K. Weber, Sr. | Original | Jan 21, 2015 |
| R-WI | Reid J. Ribble | Original | Jan 21, 2015 |
| R-FL | Richard B. Nugent | Original | Jan 21, 2015 |
| R-NC | Richard Hudson | Original | Jan 21, 2015 |
| R-NY | Richard L. Hanna | Original | Jan 21, 2015 |
| R-OH | Robert E. Latta | Original | Jan 21, 2015 |
| R-NC | Robert Pittenger | Original | Jan 21, 2015 |
| R-IA | Rod Blum | Original | Jan 21, 2015 |
| R-IL | Rodney Davis | Original | Jan 21, 2015 |
| R-NJ | Rodney P. Frelinghuysen | Original | Jan 21, 2015 |
| R-TX | Roger Williams | Original | Jan 21, 2015 |
| R-FL | Ron DeSantis | Original | Jan 21, 2015 |
| R-PA | Ryan A. Costello | Original | Jan 21, 2015 |
| R-MO | Sam Graves | Original | Jan 21, 2015 |
| R-TX | Sam Johnson | Original | Jan 21, 2015 |
| R-TN | Scott DesJarlais | Original | Jan 21, 2015 |
| R-NJ | Scott Garrett | Original | Jan 21, 2015 |
| R-CO | Scott R. Tipton | Original | Jan 21, 2015 |
| R-TN | Stephen Lee Fincher | Original | Jan 21, 2015 |
| R-NM | Stevan Pearce | Original | Jan 21, 2015 |
| R-OH | Steve Chabot | Original | Jan 21, 2015 |
| R-OH | Steve Stivers | Original | Jan 21, 2015 |
| R-AR | Steve Womack | Original | Jan 21, 2015 |
| R-MS | Steven M. Palazzo | Original | Jan 21, 2015 |
| R-IN | Susan W. Brooks | Original | Jan 21, 2015 |
| R-FL | Ted S. Yoho | Original | Jan 21, 2015 |
| R-KY | Thomas Massie | Original | Jan 21, 2015 |
| R-KS | Tim Huelskamp | Original | Jan 21, 2015 |
| R-PA | Tim Murphy | Original | Jan 21, 2015 |
| R-MI | Tim Walberg | Original | Jan 21, 2015 |
| R-IN | Todd Rokita | Original | Jan 21, 2015 |
| R-OK | Tom Cole | Original | Jan 21, 2015 |
| R-PA | Tom Marino | Original | Jan 21, 2015 |
| R-CA | Tom McClintock | Original | Jan 21, 2015 |
| R-SC | Tom Rice | Original | Jan 21, 2015 |
| R-AZ | Trent Franks | Original | Jan 21, 2015 |
| R-NC | Walter B. Jones | Original | Jan 21, 2015 |
| R-FL | Dennis A. Ross | Jan 26, 2015 | |
| R-MN | Erik Paulsen | Jan 26, 2015 | |
| R-TX | John Ratcliffe | Jan 26, 2015 | |
| R-SC | Mark Sanford | Jan 26, 2015 | |
| R-IL | Mike Bost | Jan 26, 2015 | |
| R-LA | Ralph Lee Abraham | Jan 26, 2015 | |
| R-TX | Randy Neugebauer | Jan 26, 2015 | |
| R-AZ | David Schweikert | Jan 27, 2015 | |
| R-NY | Tom Reed | Jan 27, 2015 | |
| R-UT | Mia B. Love | Jan 28, 2015 | |
| R-AL | Martha Roby | Feb 3, 2015 | |
| R-OH | Bill Johnson | Feb 13, 2015 | |
| R-NY | Elise M. Stefanik | Feb 20, 2015 | |
| R-WI | Sean P. Duffy | Feb 20, 2015 | |
| R-AR | J. French Hill | Feb 24, 2015 | |
| R-GA | Rick W. Allen | Mar 4, 2015 | |
| R-MO | Vicky Hartzler | Mar 4, 2015 | |
| R-GA | Tom Graves | Mar 6, 2015 | |
| R-IA | David Young | Mar 23, 2015 | |
| R-CO | Ken Buck | Apr 14, 2015 | |
| R-GA | Doug Collins | Apr 15, 2015 | |
| R-AZ | Martha McSally | Apr 17, 2015 | |
| R-PA | Lou Barletta | Apr 27, 2015 | |
| R-MI | Mike Bishop | Apr 28, 2015 | |
| R-OH | Jim Jordan | Apr 29, 2015 | |
| R-IL | Robert J. Dold | May 1, 2015 | |
| R-CA | Ken Calvert | May 19, 2015 | |
| R-GA | Austin Scott | May 21, 2015 | |
| R-AR | Bruce Westerman | Jun 10, 2015 | |
| R-CA | Stephen Knight | Jun 12, 2015 | |
| R-IN | Marlin A. Stutzman | Jun 23, 2015 | |
| R-TX | Will Hurd | Jul 7, 2015 | |
| R-MN | Tom Emmer | Jul 9, 2015 | |
| R-OR | Greg Walden | Jul 13, 2015 | |
| R-GA | Earl L. "Buddy" Carter | Jul 14, 2015 | |
| R-WA | Jaime Herrera Beutler | Jul 14, 2015 | |
| R-ID | Raul R. Labrador | Jul 14, 2015 | |
| R-WA | Dan Newhouse | Jul 21, 2015 |
Committees 3
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary 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 | |
| House | Rules Committee | Referred Jan 21, 2015Discharged Jul 21, 2015 |
| House | Budget Committee | Referred Jan 21, 2015Discharged Jul 21, 2015 |
Actions 52
Everything that happened, newest first.
- Dec 2, 2015Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 307.
- Dec 1, 2015Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
- Jul 29, 2015Received in the Senate.
- Jul 28, 2015Rule H. Res. 380 passed House.
- Jul 28, 2015Considered under the provisions of rule H. Res. 380. (consideration: CR H5545-5564)
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.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H7394 | J. French Hill R-AR | Dec 7, 2016 |
| House | Debate and remarks H553 | Steve King R-IA | Feb 3, 2016 |
| House | Debate and remarks H215 | Cresent Hardy R-NV | Jan 8, 2016 |
| Senate | Debate and remarks S8248 | Mitch McConnell R-KY | Dec 2, 2015 |
| Senate | Debate and remarks S8246 | Mitch McConnell R-KY | Dec 1, 2015 |
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
- 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
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.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 114-39 | OFFICE OF INFORMATION AND REGULATORY AFFAIRS112 pages | Judiciary Committee | Jul 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.
| Product | Title | Kind | Published |
|---|---|---|---|
| R43851 | Clean Air Issues in the 114th Congress Archived | Report | Dec 21, 2016 |
| R44631 | The Financial CHOICE Act in the 114th Congress: Policy Issues Archived | Report | Sep 14, 2016 |
Amendments 9
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| HAmdt 683 | Amendment 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-IA | On agreeing to the Young (IA) amendment (A001) Agreed to by recorded vote: 250 - 159 (Roll no. 473). |
| HAmdt 684 | Amendment requires congressional approval for all rules proposed under the authority of the Affordable Care Act. | Jason Smith R-MO | On agreeing to the Smith (MO) amendment (A002) Agreed to by recorded vote: 242 - 167 (Roll no. 474). |
| HAmdt 685 | Amendment 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-IL | On agreeing to the Davis, Rodney amendment (A003) Agreed to by voice vote. |
| HAmdt 686 | Amendment 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-GA | On agreeing to the Johnson (GA) amendment (A004) Failed by recorded vote: 163 - 246 (Roll no. 475). |
| HAmdt 687 | Amendment 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-CA | On agreeing to the Capps amendment (A005) Failed by recorded vote: 166 - 244 (Roll no. 476). |
Related bills 6
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 226 | Regulations From the Executive in Need of Scrutiny Act of 2015 | Identical bill | Jan 21, 2015 |
| HRES 380 | Providing 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 related | Jul 28, 2015 |
| HR 2778 | Sunset Act of 2015 | Related bill | Jul 1, 2015 |
| HR 3056 | Stop the EPA Act of 2015 | Related bill | Jul 29, 2015 |
| HR 5527 | CFPB Rule Accountability Act of 2016 | Related bill | Jun 16, 2016 |
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.
- 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
Text 5
Each version as it was printed, newest first.
- Dec 2, 2015Placed on Calendar Senate
- Jul 29, 2015Received in Senate
- Jul 28, 2015Engrossed in House
- Jul 21, 2015Reported in House
- Jan 21, 2015Introduced in House
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.