HR 277 United States House · 118th Congress

Regulations from the Executive in Need of Scrutiny Act of 2023

HR 277 would require Congress to approve major federal regulations before they take effect. Major rules are defined as those with significant economic impact ($100 million+ annually), major cost increases for consumers or industries, or significant adverse effects on competition, employment, or innovation. Agencies must submit detailed information about these rules to Congress, including cost-benefit analyses, before they can take effect. Congress would have 70 session days to approve the rule with a joint resolution; if they don't act within that timeframe, the rule would not take effect. This would increase congressional oversight of federal regulations and require more detailed information about proposed rules before they become law.

Issues: ✗ Environment

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2023

Committee Review

Jun 2023

House Passage

Jun 2023

Senate Passage

President

Introduced Jan 11, 2023 Last action Jun 21, 2023

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What changed between versions

Introduced in House → Engrossed in House · 8 edits · Jun 14, 2023

MODERATE

The Engrossed version of the REINS Act makes several substantive additions to the original bill. Most significantly, it expands the definition of 'rule' to include interpretative rules, general statements of policy, and all agency guidance documents (which were previously excluded), adds a new major-rule criterion for increases in mandatory vaccinations, requires agencies to state the constitutional authority for each rule, and creates an entirely new section 808 that subjects existing rules to annual congressional review with a sunset provision after five years if not approved.

SCOPE

The definition of 'rule' now explicitly includes interpretative rules, general statements of policy, and all other agency guidance documents. Previously these were excluded by incorporating the standard Administrative Procedure Act definition. This dramatically broadens the types of agency actions subject to congressional approval.

Entirely new section 808 requires each agency to designate at least 20 percent of rules currently in effect for congressional review each year for four years. After five years from enactment, any such rule not approved by Congress via joint resolution shall cease to have effect (sunset). Unless Congress approves all designated rules within 90 days of designation, they have no effect.

DEFINITION

A new criterion (D) for a 'major rule' is added: any rule that results in an increase in mandatory vaccinations. This means such rules would require affirmative congressional approval before taking effect.

The determination of whether a rule is major or nonmajor can now be made by either the OIRA Administrator OR the promulgating federal agency itself, rather than solely by OIRA. The agency must also consult with OIRA when making this finding.

REQUIREMENT

Agencies must now include 'a statement of the constitutional authority authorizing the agency to make the rule' in their submission report to Congress.

Agencies must now provide 'an estimate of the effect on inflation of the rule' as part of their submission to Congress.

The cost-benefit analysis and related materials must now be made available not only to each House of Congress but also to each committee of jurisdiction in each House, expanding distribution beyond what was previously required.

ENFORCEMENT

A new provision allows any member of Congress to request the Comptroller General to determine whether an agency action qualifies as a 'rule' (within 60 days) or whether a rule is 'major' (within 90 days, in consultation with the CBO Director). This creates a new mechanism for Congress to challenge agency classification decisions.

Floor votes · House Jun 14, 2023

How they voted

221–210

Passed · 2 other

Total votes 433

Jun 14, 2023

D Democratic212

1 Yea 210 Nay 1

99% Nay

I Independent1

1 Yea

100% Yea

R Republican220

219 Yea 1

99% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jun 14, 2023

Lower · Passed

On passage Passed by the Yeas and Nays: 221 - 210 (Roll no. 265).

lower

Jun 14, 2023

Lower · Passed

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 221 - 210 (Roll no. 265).

lower

Jun 14, 2023

Lower · Passed

Mr. Deluzio moved to recommit to the Committee on the Judiciary. (text: CR H2921)

lower

Jun 14, 2023

Lower · Passed

The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

lower

Jun 14, 2023

Lower · Passed

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 277.

lower

Jun 14, 2023

Lower · Passed

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

lower

Jun 14, 2023

Lower · Passed

Committee of the Whole House on the state of the Union rises leaving H.R. 277 as unfinished business.

lower

Jun 14, 2023

Lower · Passed

On motion that the committee rise Agreed to by voice vote.

lower

Jun 14, 2023

Lower · Passed

Mr. Roy moved that the committee rise.

lower

Jun 14, 2023

Introduced

POSTPONED PROCEEDINGS - At conclusion of debate on the Roy amendment No. 15, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 15.

lower

Jun 14, 2023

Introduced

POSTPONED PROCEEDINGS - At conclusion of debate on the Roy amendment No. 14, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 14.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Joyce (OH) amendment No. 13.

lower

Jun 14, 2023

Introduced

POSTPONED PROCEEDINGS - At conclusion of debate on the Houlahan amendment No. 12, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Ms. Houlahan demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Houlahan amendment No. 12.

lower

Jun 14, 2023

Introduced

POSTPONED PROCEEDINGS - At conclusion of debate on the Al Green (TX) amendment No. 11, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Al Green (TX) demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Al Green (TX) amendment No. 11.

lower

Jun 14, 2023

Introduced

POSTPONED PROCEEDINGS - At conclusion of debate on the Al Green (TX) amendment No. 10, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mrs. Hageman demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Al Green (TX) amendment No. 10.

lower

Jun 14, 2023

Introduced

POSTPONED PROCEEDINGS - At conclusion of debate on the Good (VA) amendment No. 9, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Good (VA) amendment No. 9.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Good (VA) amendment No. 8.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Tony Gonzales (TX) amendment No. 7.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Good (VA) amendment No. 6.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Hageman amendment No. 5.

lower

Jun 14, 2023

Introduced

POSTPONED PROCEEDINGS - At conclusion of debate on the Biggs amendment No. 4, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Biggs amendment No. 4.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 3.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 2.

lower

Jun 14, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 1.

lower

Jun 13, 2023

Lower · Passed

Committee of the Whole House on the state of the Union rises leaving H.R. 277 as unfinished business.

lower

Jun 13, 2023

Lower · Passed

On motion that the committee rise Agreed to by voice vote.

lower

Jun 13, 2023

Lower · Passed

Mr. Massie moved that the committee rise.

lower

Jun 13, 2023

Lower · Passed

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 277.

lower

Jun 13, 2023

Lower · Passed

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 495 and Rule XVIII.

lower

Jun 13, 2023

Lower · Passed

The Speaker designated the Honorable James C. Moylan to act as Chairman of the Committee.

lower

Jun 12, 2023

Lower · Passed

Rules Committee Resolution H. Res. 495 Reported to House. Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.

lower

Jun 5, 2023

Lower · Passed

Rules Committee Resolution H. Res. 463 Reported to House. Rule provides for consideration of H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. R. 277 under a structured rule with one hour of general debate; H. R. 288 under a structured rule with one hour of general debate; H. R. 1615 under a structured rule with one hour of general debate; and H. R. 1640 under a structured rule with one hour of general debate. One motion to recommit on each measure.

lower

Jun 1, 2023

Lower · Passed

Committee on the Budget discharged.

lower

Jun 1, 2023

Lower · Passed

Committee on Rules discharged.

lower

Jun 1, 2023

Lower · Passed

Reported (Amended) by the Committee on Judiciary. H. Rept. 118-84, Part I.

lower

May 24, 2023

Introduced

Ordered to be Reported (Amended) by the Yeas and Nays: 13 - 5.

lower

May 24, 2023

Lower · Passed

Committee Consideration and Mark-up Session Held

lower

Jan 11, 2023

Committee

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.

lower

Jan 11, 2023

Introduced

Introduced in House

lower

1 primary · 182 co-sponsors