Regulations From the Executive in Need of Scrutiny Act of 2013
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HR 367 — Regulations From the Executive in Need of Scrutiny Act of 2013
Last action — Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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Died in session
This bill died with 113th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
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.
Bill Text
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Read HR 367 on the official United States source →Action History
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Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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Motion to reconsider laid on the table Agreed to without objection.
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On passage Passed by recorded vote: 232 - 183 (Roll no. 445).
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On motion to recommit with instructions Failed by recorded vote: 185 - 229 (Roll no. 444).
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The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5359)
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DEBATE - The House proceeded with 10 minutes of debate on the Kuster motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with an amendment to add a section to the bill titled "Protecting Jobs, Economic Growth, and the Health and Safety of the American Public".
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Ms. Kuster moved to recommit with instructions to Judiciary. (consideration: CR H5358-5360; text: CR H5358)
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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.
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The previous question was ordered pursuant to the rule. (consideration: CR H5358)
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 367.
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H.AMDT.458 On agreeing to the Moore amendment (A011) Failed by recorded vote: 190 - 226 (Roll no. 443). (consideration: CR H5357-5358)
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H.AMDT.455 On agreeing to the Jackson Lee amendment (A008) Failed by recorded vote: 185 - 232 (Roll no. 442). (consideration: CR H5356-5357)
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H.AMDT.454 On agreeing to the Johnson (GA) amendment (A007) Failed by recorded vote: 182 - 235 (Roll no. 441).
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H.AMDT.453 On agreeing to the Nadler amendment (A006) Failed by recorded vote: 186 - 229 (Roll no. 440). (consideration: CR H5355-5356)
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H.AMDT.451 On agreeing to the Latham amendment (A004) Agreed to by recorded vote: 263 - 152 (Roll no. 439). (consideration: CR H5354-5355)
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H.AMDT.450 On agreeing to the Smith (MO) amendment (A003) Agreed to by recorded vote: 227 - 185 (Roll no. 438). (consideration: CR H5354)
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H.AMDT.448 On agreeing to the Scalise amendment (A001) Agreed to by recorded vote: 237 - 176 (Roll no. 437). (consideration: CR H5353-5354)
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UNFINISHED 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.
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The House resolved into Committee of the Whole House on the state of the Union for further consideration.
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Considered as unfinished business. (consideration: CR H5353-5360)
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Committee of the Whole House on the state of the Union rises leaving H.R. 367 as unfinished business.
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On motion that the Committee rise Agreed to by voice vote.
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Mr. Goodlatte moved that the Committee rise.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Moore amendment No. 12, the Chair put the question on adoption of the amendment and by voice vote, announced that 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.
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DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Moore amendment No. 12.
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H.AMDT.458 Amendment (A011) offered by Ms. Moore. (consideration: CR H5330-5332; text: CR H5330-5331)Amendment sought to exempt rules pertaining to veterans from the provisions of the bill.
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H.AMDT.457 On agreeing to the Webster (FL) amendment (A010) Agreed to by voice vote.
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DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Webster amendment No. 11.
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H.AMDT.457 Amendment (A010) offered by Mr. Webster (FL). (consideration: CR H5329-5330; text: CR H5329-5330)Amendment prevents federal agencies from implementing significant policy changes without appropriate congressional review and requires bringing administrative rules having an economic impact of $100 million or more (as scored by OMB) before Congress for a vote.
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H.AMDT.456 On agreeing to the McKinley amendment (A009) Agreed to by voice vote.
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DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the McKinley amendment No. 9.
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H.AMDT.456 Amendment (A009) offered by Mr. McKinley. (consideration: CR H5328-5329; text: CR H5328)Amendment reduces the cost threshhold from $100 million to $50 million for the requirement that all regulations must be approved by Congress.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote, announced that 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.
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DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 8.
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H.AMDT.455 Amendment (A008) offered by Ms. Jackson Lee. (consideration: CR H5326-5328; text: CR H5326)Amendment sought to exempt from the bill's Congressional approval requirement any rule promulgated by the Department of Homeland Security.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment No. 4, 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.
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DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 7.
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H.AMDT.454 Amendment (A007) offered by Mr. Johnson (GA). (consideration: CR H5325-5326; text: CR H5325)Amendment sought to exempt from the provisions of the bill any rule that the Office of Management and Budget determines would result in net job creation.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Nadler amendment No. 6, 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.
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DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler amendment No. 6.
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H.AMDT.453 Amendment (A006) offered by Mr. Nadler. (consideration: CR H5324-5325; text: CR H5324)Amendment sought to exempt from the bill's Congressional approval requirement any rule pertaining to nuclear reactor safety standards in order to prevent nuclear meltdowns like the one in Fukushima. The amendment would have also ensured that enhanced nuclear safety protection requirements could go into effect.
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H.AMDT.452 On agreeing to the Sessions amendment (A005) Agreed to by voice vote.
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DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Sessions amendment No. 5.
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H.AMDT.452 Amendment (A005) offered by Mr. Sessions. (consideration: CR H5322-5324; text: CR H5323)Amendment 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.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Latham amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes 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.
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DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Latham amendment No. 4.
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H.AMDT.451 Amendment (A004) offered by Mr. Latham. (consideration: CR H5321-5322; text: CR H5321)Amendment 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.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Smith(MO) amendment No. 3, 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.
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DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Smith (MO) amendment No. 3.
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H.AMDT.450 Amendment (A003) offered by Mr. Smith (MO). (consideration: CR H5320-5321; text: CR H5320)Amendment requires Congressional approval for all rules under the authority of the Affordable Care Act.
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H.AMDT.449 On agreeing to the Davis, Rodney amendment (A002) Agreed to by voice vote.
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DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Rodney Davis (IL) amendment No. 2.
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H.AMDT.449 Amendment (A002) offered by Mr. Davis, Rodney. (consideration: CR H5319-5320; text: CR H5319)Amendment 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).
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Scalise amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Scalise demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
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DEBATE - Pursuant to the provisions of H. Res. 322, the Committee of the Whole proceeded with 10 minutes of debate on the Scalise amendment No. 1.
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H.AMDT.448 Amendment (A001) offered by Mr. Scalise. (consideration: CR H5317-5319; text: CR H5317)Amendment requires the Administration to receive approval from Congress before implementing a carbon tax.
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The Committee of the Whole resumed its sitting and continued with debate on H.R. 367.
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The Committee of the Whole rose informally to receive a message from the Senate.
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GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 367.
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The Speaker designated the Honorable Randy Hultgren to act as Chairman of the Committee.
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House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 322 and Rule XVIII.
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In each case the rule provides for one hour of debate on the bill and one motion to recommit for each bill.
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Considered under the provisions of rule H. Res. 322. (consideration: CR H5306-5309, H5309-5332; text of amendment in the nature of a substitute: CR H5315-5317)
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Rules Committee Resolution H. Res. 322 Reported to House. In each case the rule provides for one hour of debate on the bill and one motion to recommit for each bill.
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Placed on the Union Calendar, Calendar No. 115.
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Committee on Budget discharged.
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Committee on Rules discharged.
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Reported (Amended) by the Committee on Judiciary. H. Rept. 113-160, Part I.
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Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 9.
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Committee Consideration and Mark-up Session Held.
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Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 6 - 3 .
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Subcommittee Consideration and Mark-up Session Held.
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Subcommittee Hearings Held.
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Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
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Referred to House Budget
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Referred to House Rules
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Referred to House Judiciary
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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.
Sponsors
- Todd Young · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on · 412 voted No
Sponsors (1)
- Todd Young R Voted No
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 3 | 28 | 0 | 1 |
| D | 159 | 1 | 0 | 7 |
| Democrat | 26 | 2 | 0 | 2 |
| Whig | 1 | 1 | 0 | 0 |
| R | 1 | 193 | 0 | 6 |
| Jackson | 0 | 1 | 0 | 0 |
| Federalist | 0 | 0 | 0 | 1 |
| Total | 190 | 226 | 0 | 17 |
| % of votes cast | 44% | 52% | 0% | 4% |
How each member voted (433)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 29 | 0 | 2 |
| D | 158 | 1 | 0 | 8 |
| Democrat | 25 | 2 | 0 | 3 |
| Whig | 1 | 1 | 0 | 0 |
| R | 0 | 195 | 0 | 5 |
| Jackson | 0 | 1 | 0 | 0 |
| Federalist | 0 | 0 | 0 | 1 |
| Total | 185 | 229 | 0 | 19 |
| % of votes cast | 43% | 53% | 0% | 4% |
How each member voted (433)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 28 | 2 | 0 | 2 |
| D | 4 | 155 | 0 | 8 |
| Democrat | 3 | 25 | 0 | 2 |
| Whig | 1 | 1 | 0 | 0 |
| R | 195 | 0 | 0 | 5 |
| Jackson | 1 | 0 | 0 | 0 |
| Federalist | 0 | 0 | 0 | 1 |
| Total | 232 | 183 | 0 | 18 |
| % of votes cast | 54% | 42% | 0% | 4% |
How each member voted (433)
Subjects
Frequently asked questions
- What does HR 367 do?
- 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.
- Who sponsors HR 367?
- HR 367 is sponsored by Todd Young (R).
- What is the current status of HR 367?
- This bill died with 113th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 367?
- Track HR 367 free on One Click Politics — get push/email alerts when it moves.
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