Us Congress 2023-2024 Regular Session

Us Congress House Bill HB277

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
5/24/23  

Caption

Regulations from the Executive in Need of Scrutiny Act of 2023 This bill revises provisions relating to congressional review of agency rulemaking. Specifically, the bill establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves of the rule. A major rule is a rule that 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, 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. The bill generally preserves the current congressional review process for a nonmajor rule.

Impact

Should HB 277 become law, it would significantly alter the process by which federal regulations are implemented. By necessitating congressional approval for major rules, the bill aims to enhance congressional oversight and limit the scope of executive power in regulatory affairs. This shift may lead to slower implementation of vital regulations as Congress could delay or deny approval, thereby impacting nationwide regulatory frameworks and possibly hindering timely responses to urgent public policy issues.

Summary

House Bill 277, formally known as the Regulations from the Executive in Need of Scrutiny Act of 2023, seeks to amend chapter 8 of title 5, United States Code, to require congressional approval for major rules put forth by federal agencies. Under this legislation, no major rule can take effect unless explicitly approved by a joint resolution of Congress. The definition of a major rule includes provisions that would have significant economic impacts, including substantial costs or adverse effects on competition and employment.

Sentiment

The reception of HB 277 has been mixed among legislators. Supporters, particularly from Republican circles, argue that the bill restores necessary checks on executive authority, ensuring that regulations are not imposed without adequate scrutiny. Conversely, critics, including many Democrats, warn that the bill could be an obstacle to effective governance, arguing that it undermines the necessary regulatory authority of federal agencies. They contend that such restrictions could lead to regulatory paralysis and ultimately harm the public interest.

Contention

A notable point of contention surrounding HB 277 is the definition of a 'major rule' and the implications of requiring congressional approval for such regulations. Critics fear that this would give Congress undue influence over essential regulations, potentially politicizing the regulatory process. Proponents insist that this adds a layer of accountability and ensures that regulations are aligned with legislative intent. Overall, the debate highlights the ongoing struggle between maintaining effective governance and ensuring adequate oversight of executive power.

Companion Bills

US SB184

Identical bill Regulations from the Executive in Need of Scrutiny Act of 2023

US HB2811

Related bill Water Quality Certification and Energy Project Improvement Act of 2023 TAPP American Resources Act Transparency, Accountability, Permitting, and Production of American Resources Act Regulations from the Executive in Need of Scrutiny Act of 2023

US HR463

Procedurally-related Providing for consideration of the bill (H.R. 277) 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 consideration of the bill (H.R. 288) to amend title 5, United States Code, to clarify the nature of judicial review of agency interpretations of statutory and regulatory provisions; providing for consideration of the bill (H.R. 1615) to prohibit the use of Federal funds to ban gas stoves; and providing for consideration of the bill (H.R. 1640) to prohibit the Secretary of Energy from finalizing, implementing, or enforcing the proposed rule titled "Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products", and for other purposes.

US HR495

Related bill Providing for consideration of the joint resolution (H.J. Res. 44) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives relating to "Factoring Criteria for Firearms with Attached 'stabilizing braces'"; providing for consideration of the bill (H.R. 277) 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 consideration of the bill (H.R. 288) to amend title 5, United States Code, to clarify the nature of judicial review of agency interpretations of statutory and regulatory provisions; providing for consideration of the bill (H.R. 1615) to prohibit the use of Federal funds to ban gas stoves; and providing for consideration of the bill (H.R 1640) to prohibit the Secretary of Energy from finalizing, implementing, or enforcing the proposed rule titled "Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products", and for other purposes.

US SB5242

Related bill Saving Privacy Act

Previously Filed As

US SB30

Expediting Reform And Stopping Excess Regulations Act or the ERASER ActThis bill generally requires federal agencies to repeal three rules before issuing a new rule.In the case of a new nonmajor rule, an agency must repeal at least three rules that, to the extent practicable, are related to the new rule.In the case of a new major rule, (1) an agency must repeal at least three rules that are related to the new major rule, and (2) the cost of the new major rule must be less than or equal to the cost of the repealed rules. A major rule is a rule that 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, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, or innovation.These requirements apply to rules issued through the notice and comment process and do not apply to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice. Further, the requirements do not apply to a rule or major rule that relates to the management, organization, or personnel of an agency or procurement by the agency.Any rule repealed under this bill must be published in the Federal Register.Finally, the Government Accountability Office must report on the number and estimated cost of rules and major rules currently in effect.  

US SB76

Setting Manageable Analysis Requirements in Text Act of 2025 or the SMART Act of 2025This bill requires agencies, when publishing a proposed or final major rule, to include a framework for assessing whether the rule achieves its regulatory objective. An agency must assess a rule in the time frame included in the framework. The assessment must compare the rule's anticipated and actual benefits and costs.Additionally, the assessment must determine whether (1) the rule has been rendered unnecessary because of changes to the subject area affected by the rule or it overlaps with, duplicates, or conflicts with other rules, or state and local government regulations; (2) the rule should be expanded, streamlined, or otherwise modified to accomplish the rule's objective; and (3) other alternatives or modifications to the rule could better achieve the rule's objective. The bill defines a major rule as a rule likely to cause (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. 

US HB442

Regulatory Accountability Act This bill expands and provides statutory authority for notice-and-comment rulemaking procedures to require federal agencies to consider (1) whether a rulemaking is required by statute or is within the discretion of the agency, (2) whether existing laws or rules could be amended or rescinded to address the problem, and (3) reasonable alternatives to a new rule. For proposed major or high-impact rules that have a specified significant economic impact or adverse effect on the public health or safety, an agency must publish notice of such rulemaking to invite interested parties to propose alternatives and ideas to accomplish the agency's objectives; allow persons interested in high-impact or certain major rules to petition for a public hearing with oral presentation, cross-examination, and the burden of proof on the proponent of the rule; adopt the rule that maximizes net benefits within the scope of the statutory provision authorizing the rule, unless the agency explains the costs and benefits that justify adopting an alternative rule and such rule is approved by the Office of Information and Regulatory Affairs (OIRA); and publish a framework and metrics for measuring the ongoing effectiveness of the rule. Agencies must notify OIRA with certain information about a proposed rulemaking, including specified discussion and preliminary explanations concerning a major or high-impact rule. Further, OIRA must establish certain rulemaking guidelines. Additionally, the bill (1) revises the scope of judicial review of agency actions, and (2) establishes requirements for agencies issuing guidance.

US SB77

Early Participation in Regulations Act of 2025This bill directs agencies to publish an advance notice of a proposed rulemaking at least 90 days before publishing a notice of proposed rulemaking for a major rule. A major rule is a rule that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose (1) an annual economic effect of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of U.S. enterprises to compete with foreign-based enterprises.The advance notice mustinclude a description of the problem the rule may address, alternatives under consideration, and the legal authority for proposing the rule; andsolicit and provide at least 30 days for submission of written data, views, and argument from interested persons.Any difference between such advance notice and the notice of proposed rulemaking may not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law for the purposes of review under the Administrative Procedure Act.Advance notice is not required if the proposing agency is not required to publish notice of proposed rulemaking or OIRA finds that advance notice is (1) not in the public interest, (2) duplicative of a similar process, (3) not practicable due to a required deadline, or (4) for a rule that is routine or periodic in nature.

US HB262

All Economic Regulations are Transparent Act of 2023 or the ALERT Act of 2023 This bill establishes various reporting requirements with respect to federal agency rulemaking. Specifically, each agency must submit a monthly report to the Office of Information and Regulatory Affairs (OIRA) for each rule the agency expects to propose or finalize during the following year, including information about the objectives and legal basis for the rule as well as whether the rule is subject to periodic review based on its significant economic impact. Additionally, each agency must submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking, including an approximate schedule for completing action on the rule and an estimate of its cost and economic effects. OIRA must publish this information online and, subject to certain exceptions, a rule may not take effect until the information has been published for at least six months. The bill also requires OIRA to annually publish in the Federal Register specified information it receives from agencies under this bill, including a list of each rule an agency has proposed and the total cost of all rules proposed or finalized. OIRA must further publish online (1) any analysis of the costs or benefits of rules that were proposed or finalized during the previous year, and (2) a list of rules that were subjected to various forms of review during the previous year.

US HB358

Small Business Regulatory Flexibility Improvements Act This bill modifies the rulemaking requirements and procedures of federal agencies under the Regulatory Flexibility Act of 1980 and the Small Business Regulatory Enforcement Fairness Act of 1996, including how agencies consider economic impact with respect to small entities. Specifically, the bill requires agencies to consider the direct, and the reasonably foreseeable indirect, economic effect of a rule on small entities when determining whether a rule is likely to have a significant economic impact. Further, the regulatory flexibility analysis for rules with a significant economic impact must include a detailed description of alternatives to a proposed rule that minimize any adverse significant economic impact or maximize any beneficial significant economic impact on small entities. The bill also expands the types of agency actions (e.g., revisions to land management plans) that are subject to a regulatory impact analysis. The bill removes the authority for an agency to waive the regulatory flexibility analysis requirements and requires the Office of Advocacy of the Small Business Administration to issue rules for compliance with such requirements. The bill also modifies the procedures for the (1) gathering of comments for a proposed rule, (2) periodic review of agency rules, and (3) judicial review of final rules.

US HB49

Require Evaluation before Implementing Executive Wishlists Act of 2023 or the REVIEW Act of 2023 This bill prohibits a final agency rule from taking effect until (1) the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and (2) OIRA makes a determination as to whether the rule is a high-impact rule that may impose an annual cost on the economy of at least $1 billion. In addition, an agency must postpone the effective date of a high-impact rule until the final disposition of all actions seeking judicial review of the rule.

US HB115

Midnight Rules Relief Act of 2023This bill allows Congress to disapprove multiple regulations under one joint resolution of disapproval if the regulations were submitted for review during a portion of the final year of a President's term.Under current law, the Congressional Review Act generally provides for a period of additional review during the succeeding Congress for regulations that were submitted during the last 60 legislative days of the prior Congress. However, each joint resolution may disapprove of only one regulation.

US SF568

A bill for an act concerning the rulemaking process for executive branch agencies and related matters and including effective date provisions.(Formerly SSB 1101.)

US SSB1101

A bill for an act concerning the rulemaking process for executive branch agencies and related matters and including effective date provisions.(See SF 568.)

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Regulations from the Executive in Need of Scrutiny Act of 2023

US HB3556

Increasing Financial Regulatory Accountability and Transparency Act

US HB1206

Federal Agency Sunset Commission Act of 2023

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US HB710

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US HB1567

Accurately Counting Risk Elimination Solutions Act ACRES Act

US HB4563

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