US HB26 | 2017-2018 | 115th Congress

US Congress House Bill 26 (Prior Session Legislation)

Status

Spectrum: Partisan Bill (Republican 161-0)
Status: Engrossed on January 6 2017 - 50% progression, died in chamber
Action: 2017-03-29 - Committee on Small Business and Entrepreneurship. Hearings held. Hearings printed: S.Hrg. 115-21.
Text: Latest bill text (Engrossed) [PDF]

Summary

Regulations from the Executive in Need of Scrutiny Act of 2017 (Sec. 2) This bill states that its purpose is to increase accountability for and transparency in the federal regulatory process by requiring Congress to approve all new major regulations. (Sec. 3) The bill revises provisions relating to congressional review of agency rulemaking to require federal agencies promulgating rules to: (1) identify and repeal or amend existing rules to completely offset any annual costs of new rules to the U.S. economy; and (2) publish information about the rules in the Federal Register and include in their reports to Congress and to the Government Accountability Office (GAO) a classification of the rules as major or nonmajor rules and a complete copy of the cost-benefit analysis of the rules, including an analysis of any jobs added or lost, differentiating between public and private sector jobs. A "major rule" is any rule 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 cost on the economy of $100 million or more (adjusted annually for inflation); (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. A joint resolution of approval of major rules must be enacted before such rules may take effect (currently, major rules take effect unless a joint resolution disapproving them is enacted). 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. The bill 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. The bill sets forth the congressional approval procedure for major rules and the congressional disapproval procedure for nonmajor rules. Agencies are prohibited from allowing a major rule to take effect without the congressional review procedures set forth in this bill. A joint resolution addressing a report classifying a rule must be introduced as a major rule within three legislative days in the House of Representative and three session days in the Senate. The bill: (1) prohibits any amendments to such a joint resolution at any stage of the legislative process; (2) provides for expedited consideration of a joint resolution of approval; and (3) 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. A court may review whether an agency has completed the necessary requirements under this bill 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). The bill limits the effect of a joint resolution of approval of a major rule. The bill is 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. 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. Before new rules take effect, agencies must amend or repeal other rules to offset any annual costs of the new rules to the U.S. economy. Over a 10-year period, agencies must submit reports designating for congressional review all agency rules that are in effect as of one year after enactment of this bill. If Congress does not enact a joint resolution of approval for such rules, the rules shall not continue in effect. (Sec. 4) The Balanced Budget and Emergency Deficit Control Act of 1985 is amended to provide that any congressional approval procedure set forth in this bill affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with this bill. (Sec. 5) The GAO must conduct a study to determine as of the date of enactment of this bill: (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. The GAO must report to Congress on such study within one year of the enactment of this bill.

Title

Regulations from the Executive in Need of Scrutiny Act of 2017

Roll Calls

2017-01-05 - House - On agreeing to the Grijalva amendment (A003) H.Amdt.4 RC# 13 (Y: 193 N: 230 NV: 10 Abs: 0) [FAIL]
2017-01-05 - House - On agreeing to the Messer amendment (A002) H.Amdt.3 RC# 12 (Y: 235 N: 185 NV: 13 Abs: 0) [PASS]
2017-01-05 - House - On agreeing to the Castor (FL) amendment (A004) H.Amdt.5 RC# 14 (Y: 190 N: 233 NV: 10 Abs: 0) [FAIL]
2017-01-05 - House - On agreeing to the Cicilline amendment (A005) H.Amdt.6 RC# 15 (Y: 186 N: 232 NV: 15 Abs: 0) [FAIL]
2017-01-05 - House - On agreeing to the Conyers amendment (A006) H.Amdt.7 RC# 16 (Y: 192 N: 231 NV: 10 Abs: 0) [FAIL]
2017-01-05 - House - On agreeing to the Johnson (GA) amendment (A007) H.Amdt.8 RC# 17 (Y: 190 N: 234 NV: 9 Abs: 0) [FAIL]
2017-01-05 - House - On agreeing to the Nadler amendment (A009) H.Amdt.10 RC# 18 (Y: 194 N: 231 NV: 8 Abs: 0) [FAIL]
2017-01-05 - House - On agreeing to the McNerney amendment (A010) H.Amdt.11 RC# 19 (Y: 190 N: 235 NV: 8 Abs: 0) [FAIL]
2017-01-05 - House - On agreeing to the Scott (VA) amendment (A011) H.Amdt.12 RC# 20 (Y: 193 N: 232 NV: 8 Abs: 0) [FAIL]
2017-01-05 - House - On agreeing to the King (IA) amendment (A012) H.Amdt.13 RC# 21 (Y: 230 N: 193 NV: 10 Abs: 0) [PASS]
2017-01-05 - House - On motion to recommit with instructions RC# 22 (Y: 190 N: 235 NV: 8 Abs: 0) [FAIL]
2017-01-05 - House - On passage RC# 23 (Y: 237 N: 187 NV: 9 Abs: 0) [PASS]

History

Date	Chamber	Action
2017-03-29	Senate	Committee on Small Business and Entrepreneurship. Hearings held. Hearings printed: S.Hrg. 115-21.
2017-01-06	Senate	Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
2017-01-05	House	Motion to reconsider laid on the table Agreed to without objection.
2017-01-05	House	On passage Passed by recorded vote: 237 - 187 (Roll no. 23).
2017-01-05	House	On motion to recommit with instructions Failed by recorded vote: 190 - 235 (Roll no. 22).
2017-01-05	House	The previous question on the motion to recommit with instructions was ordered without objection.
2017-01-05	House	DEBATE - The House proceeded with 10 minutes of debate on the 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 add a new section to the bill that prohibits an insurance issuer from eliminating, weakening, or reducing health coverage benefits for dependents under the age of 26.
2017-01-05	House	Mrs. Murphy (FL) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H172)
2017-01-05	House	The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
2017-01-05	House	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 26.
2017-01-05	House	H.Amdt.13 On agreeing to the King (IA) amendment (A012) Agreed to by recorded vote: 230 - 193 (Roll no. 21).
2017-01-05	House	H.Amdt.12 On agreeing to the Scott (VA) amendment (A011) Failed by recorded vote: 193 - 232 (Roll no. 20).
2017-01-05	House	H.Amdt.11 On agreeing to the McNerney amendment (A010) Failed by recorded vote: 190 - 235 (Roll no. 19).
2017-01-05	House	H.Amdt.10 On agreeing to the Nadler amendment (A009) Failed by recorded vote: 194 - 231 (Roll no. 18).
2017-01-05	House	H.Amdt.8 On agreeing to the Johnson (GA) amendment (A007) Failed by recorded vote: 190 - 234 (Roll no. 17).
2017-01-05	House	H.Amdt.7 On agreeing to the Conyers amendment (A006) Failed by recorded vote: 192 - 231 (Roll no. 16).
2017-01-05	House	H.Amdt.6 On agreeing to the Cicilline amendment (A005) Failed by recorded vote: 186 - 232 (Roll no. 15).
2017-01-05	House	H.Amdt.5 On agreeing to the Castor (FL) amendment (A004) Failed by recorded vote: 190 - 233 (Roll no. 14).
2017-01-05	House	H.Amdt.4 On agreeing to the Grijalva amendment (A003) Failed by recorded vote: 193 - 230 (Roll no. 13).
2017-01-05	House	H.Amdt.3 On agreeing to the Messer amendment (A002) Agreed to by recorded vote: 235 - 185 (Roll no. 12).
2017-01-05	House	UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which were debated earlier and on which further proceedings had been postponed.
2017-01-05	House	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
2017-01-05	House	Considered as unfinished business. (consideration: CR H165-174)
2017-01-05	House	Committee of the Whole House on the state of the Union rises leaving H.R. 26 as unfinished business.
2017-01-05	House	On motion that the committee rise Agreed to by voice vote.
2017-01-05	House	Mr. Marino moved that the committee rise.
2017-01-05	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the King (IA) amendment, 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 later in the legislative day.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the King (IA) amendment No. 12.
2017-01-05	House	H.Amdt.13 Amendment (A012) offered by Mr. King (IA). (consideration: CR H144-146, H171-172; text: CR H144-145)
2017-01-05	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Scott (VA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Scott (VA) amendment No. 11.
2017-01-05	House	H.Amdt.12 Amendment (A011) offered by Mr. Scott (VA). (consideration: CR H143-144, H170-171; text: CR H143)
2017-01-05	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the McNerney amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. McNerney demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the McNerney amendment No. 10.
2017-01-05	House	H.Amdt.11 Amendment (A010) offered by Mr. McNerney. (consideration: CR H142-143, H170; text: CR H142)
2017-01-05	House	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 later in the legislative day.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler amendment No. 9.
2017-01-05	House	H.Amdt.10 Amendment (A009) offered by Mr. Nadler. (consideration: CR H141-142, H169-170; text: CR H141)
2017-01-05	House	H.Amdt.9 On agreeing to the Johnson (GA) amendment (A008) Failed by voice vote.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 8.
2017-01-05	House	H.Amdt.9 Amendment (A008) offered by Mr. Johnson (GA). (consideration: CR H140, H168-169; text: CR H140)
2017-01-05	House	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 later in the legislative day.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 7.
2017-01-05	House	H.Amdt.8 Amendment (A007) offered by Mr. Johnson (GA). (consideration: CR H140, H168-169; text: CR H140)
2017-01-05	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Conyers amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Conyers demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment No. 6.
2017-01-05	House	H.Amdt.7 Amendment (A006) offered by Mr. Conyers. (consideration: CR H139-140 H168; text: CR H139)
2017-01-05	House	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 later in the legislative day.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Cicilline amendment No. 5.
2017-01-05	House	H.Amdt.6 Amendment (A005) offered by Mr. Cicilline. (consideration: CR H138-139, H167-168; text: CR H138)
2017-01-05	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Castor (FL) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Marino demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Castor (FL) amendment No. 4.
2017-01-05	House	H.Amdt.5 Amendment (A004) offered by Ms. Castor (FL). (consideration: CR H137-138, H166-167; text: CR H137)
2017-01-05	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Grijalva amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Grijalva demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Grijalva amendment No. 3.
2017-01-05	House	H.Amdt.4 Amendment (A003) offered by Mr. Grijalva. (consideration: CR H136-137, H166; text: CR H136)
2017-01-05	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Messer amendment, 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 later in the legislative day.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Messer amendment No. 2.
2017-01-05	House	H.Amdt.3 Amendment (A002) offered by Mr. Messer. (consideration: CR H135-136, H165-166; text: CR H135)
2017-01-05	House	H.Amdt.2 On agreeing to the Goodlatte amendment (A001) Agreed to by voice vote.
2017-01-05	House	DEBATE - Pursuant to the provisions of H. Res. 22, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.
2017-01-05	House	H.Amdt.2 Amendment (A001) offered by Mr. Goodlatte. (consideration: CR H134-135; text: CR H134)
2017-01-05	House	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 26.
2017-01-05	House	The Speaker designated the Honorable Randy Hultgren to act as Chairman of the Committee.
2017-01-05	House	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 22 and Rule XVIII.
2017-01-05	House	Both H. Res. 11 and H.R. 26 shall be considered as read, and the previous questions shall be considered as ordered without intervening motion or demand for division of the question except one hour of debate. The rule makes in order a motion to recommit on H.R. 26 with or without instructions.
2017-01-05	House	Considered under the provisions of rule H. Res. 22. (consideration: CR H124-146; text of measure as introduced: CR H132-134)
2017-01-04	House	Rules Committee Resolution H. Res. 22 Reported to House. Both measures shall be considered as read, the previous questions shall be considered as ordered without intervening motion or demand for division of the question except one hour of debate. The rule makes in order a motion to recommit H.R. 26 with or without instructions.
2017-01-03	House	Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
2017-01-03	House	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.
2017-01-03	House	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.
2017-01-03	House	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.
2017-01-03	House	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.
2017-01-03	House	Introduced in House

Same As/Similar To

HR22 (Related) 2017-01-05 - Motion to reconsider laid on the table Agreed to without objection.
SB21 (Related) 2017-10-16 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 239.
HB3442 (Related) 2017-09-06 - Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
HB6147 (Related) 2018-09-07 - Message on Senate action sent to the House.

Subjects

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

US Congress State Sources

Type	Source
Summary	https://www.congress.gov/bill/115th-congress/house-bill/26/all-info
Text	https://www.congress.gov/115/bills/hr26/BILLS-115hr26ih.pdf
Text	https://www.congress.gov/115/bills/hr26/BILLS-115hr26eh.pdf
Roll Call	https://clerk.house.gov/Votes/201723
Roll Call	https://clerk.house.gov/Votes/201722
Roll Call	https://clerk.house.gov/Votes/201721
Roll Call	https://clerk.house.gov/Votes/201720
Roll Call	https://clerk.house.gov/Votes/201719
Roll Call	https://clerk.house.gov/Votes/201718
Roll Call	https://clerk.house.gov/Votes/201717
Roll Call	https://clerk.house.gov/Votes/201716
Roll Call	https://clerk.house.gov/Votes/201715
Roll Call	https://clerk.house.gov/Votes/201714
Roll Call	https://clerk.house.gov/Votes/201712
Roll Call	https://clerk.house.gov/Votes/201713

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