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H.R. 367 - Regulations From the Executive in Need of Scrutiny Act of 2013

Bill Text

  • Text of H.R. 367 PDF XML

    Regulations From the Executive in Need of Scrutiny Act of 2013 (as reported)

  • Text of H. Rept. 113-160 Part 1 PDF HTML

    Report from the Committee on the Judiciary

Rule Information

COMMITTEE ACTION:
REPORTED BY RECORD VOTE of 9-3 on Wednesday, July 31, 2013.

FLOOR ACTION ON H. RES. 322: 
Agreed to by record vote of 223-189, after agreeing to the previous question by record vote of 222-191, on Thursday, August 1, 2013.

MANAGERS: Cole/Slaughter

1. Structured rule for H.R. 367.

2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.

3. Waives all points of order against consideration of the bill.

4. Makes in order as original text for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill modified by the amendment printed in part A of the Rules Committee report and provides that it shall be considered as read.

5. Waives all points of order against that amendment in the nature of a substitute.

6. Makes in order only those further amendments printed in Part B of the report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

7. Waives all points of order against the amendments printed in Part B of the report.

8. Provides one motion to recommit with or without instructions.

9. Section 2 provides a closed rule for H.R. 2009.

10. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means.

11. Waives all points of order against consideration of the bill and provides that it shall be considered as read.

12. Waives all points of order against provisions in the bill.

13. Provides one motion to recommit.

14. Section 3 provides that H. Res. 292 is laid on the table.

15. Section 4 provides that on any legislative day during the period from August 3, 2013, through September 6, 2013: the Journal of the proceedings of the previous day shall be considered as approved; the Chair may at any time declare the House adjourned to meet at a date and time to be announced by the Chair in declaring the adjournment; and bills and resolutions introduced shall be numbered, listed in the Congressional Record, and when printed shall bear the date of introduction, but may be referred at a later time.

16. Section 5 provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 4 of the resolution.

17. Section 6 provides that each day during the period addressed by section 4 of the resolution shall not constitute a calendar day for purposes of section 7 of the War Powers resolution (50 U.S.C. 1546).

18. Section 7 provides that each day during the period addressed by section 4 of the resolution shall not constitute a legislative day for purposes of clause 7 of rule XIII (resolutions of inquiry).

19. Section 8 provides a closed rule for H.R. 2879.

20. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Oversight and Government Reform.

21. Waives all points of order against consideration of the bill and provides that it shall be considered as read.

22. Waives all points of order against provisions in the bill.

23. Provides one motion to recommit.

24. Section 9 provides that upon passage of H.R. 2879, the following bills are laid on the table: H.R. 1541, H.R. 2579, and H.R. 2711.

Amendments

#Version #Sponsor(s)PartySummaryStatus
14Version 1Capps (CA)DemocratEnsures any rule that will result in reduced incidence of cancer, premature mortality, asthma attacks, or respiratory disease in children is not considered a ‘major rule’ under the bill.Submitted
6Version 1Cohen (TN)DemocratExempts from the bill's congressional approval requirement any rule that prevents or is intended to prevent discrimination based on race, religion, gender, disability, or other protected characteristic.Submitted
1Version 1Cole (OK)RepublicanEnsures that the impact on Tribal government agencies would be included in the determination of whether a rule constitutes a major rule.Made In Order
9Version 1Cummings (MD)DemocratExempts rules to protect homeowners, including servicemembers and veterans with disabilities, from losing their homes through foreclosure and rules to ensure homeowners have access to information and fair processes to help avoid foreclosure.Submitted
15Version 1Davis, Rodney (IL), Peterson (MN)Bi-PartisanAdds a to the definition of what constitutes a “major rule” to include any interim final rule issued by the Environmental Protection Agency (EPA) that would have a significant impact on a substantial amount of agricultural entities (as determined by the Secretary of Agriculture). Made In Order
18Version 1Jackson Lee (TX)DemocratExempts from the bill's congressional approval requirement regulations ensuring the safety of products used or consumed by children under the age of 2.Submitted
19Version 1Jackson Lee (TX)DemocratExempts from the bill's congressional approval requirement any rule promulgated by the Department of Homeland Security.Made In Order
4Version 1Johnson, Hank (GA)DemocratExempts from the provisions of the bill any rule that the Office of Management and Budget determines would result in net job creation. Made In Order
22Version 1Latham (IA)RepublicanLate 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. Made In Order
2Version 1McKinley (WV)RepublicanReduces the annual effect on the economy of the term ‘major rule’ from $100 million or more to $50 million or more. Made In Order
8Version 1Miller, George (CA)DemocratExcludes from the procedural requirements of this bill a rule promulgated by the Occupational Safety and Health Administration that could prevent or mitigate combustible dust explosions and fires in general industry.Submitted
13Version 1Moore, Gwen (WI)DemocratExempts rules pertaining to veterans from the additional requirements of this Act. Made In Order
12Version 1Nadler (NY)DemocratExempts 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 ensure enhanced nuclear safety protection requirements can go into effect. Made In Order
11Version 1Rush (IL)DemocratExempts rules that save consumers money at the pump from the bill’s requirement that all major rules be approved by a joint resolution of Congress before going into effect.Submitted
20Version 2Scalise (LA)RepublicanRevised Requires the Administration to receive approval from Congress before implementing a carbon tax. Made In Order
7Version 1Sessions (TX)RepublicanMakes a technical improvement to the bill.Considered As Adopted
10Version 1Sessions (TX), Davis, Rodney (IL), Barr, (KY), Wenstrup (OH), Coffman (CO)RepublicanRequires 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.Made In Order
3Version 1Smith, Jason (MO)RepublicanRequires congressional approval for all rules under the authority of the Affordable Care Act.Made In Order
5Version 1Titus (NV)DemocratExempts from the requirements of the bill those major rules that are created by federal agencies to implement the following laws: the Family Medical Leave Act; the Healthy, Hunger Free Kids Act; the Individuals with Disabilities Education Act; and the Lilly Ledbetter Fair Pay Act. Submitted
21Version 1Waxman (CA)DemocratLate Treats three proposed FDA food safety regulations as “special rules” exempt from congressional approval provisions under the REINS Act. The excluded rules are "Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls For Human Food" (78 Fed. Reg. 24691; proposed rule published January 16, 2013); ‘‘Standards for the Growing, Harvesting, Packing and Holding of Produce for Human Consumption" (78 Fed. Reg. 3504; proposed rule published January 16, 2013); and the "Foreign Supplier Verification Programs for Importers of Food for Humans and Animals" (78 Fed. Reg. 45729; proposed rule published July 29, 2013).Submitted
16Version 1Webster (FL)RepublicanPrevents federal agencies from implementing significant policy changes without appropriate congressional review. Brings administrative rules having an economic impact of $100 million or more as scored by the Office of Management and Budget before Congress for a vote.Made In Order
23Version 1Wolf (VA), Griffin (AR), Rooney (FL)RepublicanLate Allows for the suspension of pay for members of Armed Services formally charged with terrorism, murder or sexual assault by placing pay in escrow to be released upon acquittal or, if convicted, distributed to the victims. Would make policy more consistent with federal law enforcement and other federal employees. Submitted
17Version 1Yoho (FL)RepublicanWithdrawn Requires congressional approval for all rules promulgated by the Environmental Protection Agency.Withdrawn