GovTrack’s Bill Summary
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This bill passed in the House on August 2, 2013 and goes to the Senate next for consideration.
40% chance of being enacted.
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A cosponsor is the chairman of a committee to which the bill has been referred. ▲
The bill was referred to House Budget. ▲
A cosponsor in the majority party has a high leadership score. ▲
The bill was introduced in the first year of the Congress. ▼
6+ cosponsors serve on a committee to which the bill has been referred. ▼
Key: ▲ Correlated with successful bills. ▼ Correlated with unsuccessful bills. Correlation may not indicate causation.
Last updated Sep 09, 2013.
|Referred to Committee|
|Reported by Committee|
|Signed by the President||...|
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.
The committee chair determines whether a bill will move past the committee stage.
No summaries available.
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H.R. 367--113th Congress: Regulations From the Executive in Need of Scrutiny Act of 2013. (2013). In www.GovTrack.us. Retrieved March 12, 2014, from http://www.govtrack.us/congress/bills/113/hr367
“H.R. 367--113th Congress: Regulations From the Executive in Need of Scrutiny Act of 2013.” www.GovTrack.us. 2013. March 12, 2014 <http://www.govtrack.us/congress/bills/113/hr367>
|title=H.R. 367 (113th)
|accessdate=March 12, 2014
|author=113th Congress (2013)
|date=January 23, 2013
|quote=Regulations From the Executive in Need of Scrutiny Act of 2013
We don’t have a summary available yet.
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
This summary can be found at http://www.gop.gov/bill/113/1/hr367.
The Congressional Review Act (CRA) was enacted in 1996 to create “a mechanism for Congress to review and disapprove Federal agencies’ rules through an expedited legislative process.” Under the CRA, a rule can be prevented from taking effect if a joint resolution of disapproval is passed by both houses and signed by the President. However, since the CRA was enacted, it has been used only once to successfully prevent a rule from taking effect. From its enactment until May of 2008, only 47 joint resolutions of disapproval had been introduced in Congress pursuant to the CRA, while Federal agencies had promulgated 47,540 major and non-major rules during the same period.
Since the CRA was enacted, Congress has continued working to strengthen its oversight of administrative rulemaking. As early as the 104th Congress, proposals emerged to alter the CRA to require congressional approval of administrative rulemaking before regulations could become effective. The need for enhanced oversight of Federal rulemaking has become even more apparent during the Obama Administration.
In 2009, Federal agencies promulgated 3,503 final rules, while Congress passed and the President signed into law only 125 statutes. Last term, the Small Business’ Office of Advocacy reported that Federal rulemaking imposed a cumulative burden of $1.75 trillion on our economy—a figure that equaled fourteen percent of national income. [In February 2013], Douglas Holtz-Eakin, Ph.D., former Congressional Budget Office Director and current head of the American Action Forum, testified before the [Subcommittee on Regulatory Reform, Commercial and Antitrust Law] that, taking into account the costs imposed by Obama Administration regulations to date and [proposed regulations pending at that time], “[d]uring the past 4 years, the cumulative regulatory cost burden has increased by more than $520 billion[.]” Dr. Holtz-Eakin further testified that: “To put the $520 billion figure in perspective, it is more than the combined gross domestic product of Portugal and Norway, and there is little evidence 2013 will slow this pace.”
Furthermore, additional costly administrative rulemaking is expected to be promulgated to implement Obamacare, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the President’s climate change agenda.
 5 U.S.C. §§801-808.
 Committee Report 113-160 at 8.
 Id. at 9.
 Id. at 9-10.
 “[T]hrough just July 31, 2010, a full 3,833 pages of Federal regulations had already been issued under the Patient Protection and Affordable Care Act.” Committee Report 113-160 at 10.
 “[T]he Dodd-Frank Wall Street Reform and Consumer Protection Act imposes a host of regulatory obligations which agencies have yet to fulfill—it requires the promulgation of 398 rules, of which only 136 have yet been completed. That leaves 262 final rules to be done, of which only 133 had even been proposed as of February 2013.” Id.
H.R. 367 alters the treatment of major regulations under the Congressional Review Act, while preserving the existing congressional disapproval process under the Act for non-major rules. Specifically, H.R. 367 requires Congress to pass and the President to sign a joint resolution of approval before a new major regulation issued by a federal agency may take effect. For non-major rules, H.R. 367 continues the current process of allowing the rule to take effect unless Congress passes and the President signs a resolution of disapproval.
For all new regulations—both major and non-major—the promulgating agency must submit to Congress and the Comptroller General a report generally containing the regulation, its classification as major or non-major, other related regulatory actions and their individual and aggregate economic impact, and the proposed effective date of the rule. Copies of the report must be provided to all congressional committees of jurisdiction. On the same day, the promulgating agency also must provide other relevant material, including a cost-benefit analysis of the rule. For major rules, the Comptroller General must, within 15 days of receiving the initial report, provide to the congressional committees of jurisdiction a report assessing the agency’s compliance with procedural steps required by H.R. 367 and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity.
For major regulations, H.R. 367 establishes specific time constraints within which a joint resolution of approval must be introduced, considered by the relevant committees of jurisdiction, and brought before the full House and Senate for a vote. Generally, H.R. 367 prevents major regulations from taking effect unless Congress passes and the President signs a joint resolution of approval within 70 legislative days of the initial report received by Congress. H.R. 367 limits the permissible contents in a joint resolution of approval for a major regulation.
H.R. 367 provides a presidential exception, allowing a major rule to take effect for a 90-day period if the President issues an executive order saying the rule is needed because of an imminent threat to health or safety; to enforce a criminal law; for national security; or for international trade. The President must provide written notice to Congress if he uses the exception.
When a non-major rule is promulgated, H.R. 367 provides that each congressional body has 60 legislative days to introduce a joint resolution of disapproval. H.R. 367 specifies the permissible contents of the joint resolution of disapproval for a non-major regulation. Non-major rules take effect after the report is submitted to Congress, unless a joint resolution of disapproval is passed by each house and signed by the President.
 “Major regulations are those that produce $100 million or more in impacts on the U.S. economy, spur major increases in costs or prices for consumers, or have significant adverse effects on the economy.” Committee Report 113-160 at 7.
 The joint resolution of approval may not include a preamble. It must include the following title (with blanks filled as appropriate): “Approving the rule submitted by ______ relating to ________.” After the resolving clause, it must say only the following (with blanks filled as appropriate): “That Congress approves the rule submitted by _________ relating to _________.” H.R. 367 §802.
 After the resolving clause, the joint resolution of disapproval must say: “That Congress disapproves the nonmajor rule submitted by the ______ relating to _______, and such rule shall have no force or effect.” H.R. 367 §803.
According to CBO estimates, “CBO and the staff of the Joint Committee on Taxation (JCT) cannot determine the budgetary effects of preventing all future major rules from going into effect, but [they] expect that enacting H.R. 367 would have significant effects on both direct spending and revenues. Pay-as-you-go procedures apply because enacting the legislation would affect direct spending and revenues. CBO expects that implementing H.R. 367 also could have a significant impact on spending subject to appropriation, although [they] cannot determine the magnitude of that effect.”
 “H.R. 367 would make the implementation of new major regulations dependent on future legislation. Because CBO does not assume enactment of subsequent legislation in estimating a bill’s effect on direct spending and revenues, this estimate addresses the costs and savings that would be realized if anticipated major rules do not take effect.” CBO Cost Estimate: H.R. 367 (May 17, 2013).
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The bill contains the following citations to other parts of U.S. law:
Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.
The United States Code is the compilation of general and permanent laws enacted by Congress. Laws that are not permanent in nature, law that affect a single individual, family, or small group, regulations, case law, state law, and local law do not appear in the United States Code.