Regulations from the Executive in Need of Scrutiny Act of 2021

II 117TH CONGRESS 1ST SESSION S. 68 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. IN THE SENATE OF THE UNITED STATES JANUARY 27, 2021 Mr. PAUL (for himself, Mr. GRASSLEY, Mr. PORTMAN, Mr. SCOTT of Florida, Mr. RUBIO, Mr. INHOFE, Mr. YOUNG, Mr. MORAN, Mr. ROUNDS, Mr. CRAMER, Mr. BLUNT, Ms. ERNST, Mr. SULLIVAN, Mrs. BLACKBURN, Mr. TOOMEY, Mr. SASSE, Mr. LEE, Mr. CASSIDY, Mr. MARSHALL, Mr. BRAUN, Mr. CRUZ, Mr. JOHNSON, Mr. CRAPO, Mrs. HYDE-SMITH, and Mr. RISCH) introduced the following bill; which was read twice and re- ferred to the Committee on Homeland Security and Governmental Affairs A BILL 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Regulations from the 4 Executive in Need of Scrutiny Act of 2021’’. 5 VerDate Sep 11 2014 22:36 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S68.IS S68 kjohnson on DSK79L0C42PROD with BILLS 2 •S 68 IS SEC. 2. PURPOSE. 1 The purpose of this Act is to increase accountability 2 for and transparency in the Federal regulatory process. 3 Section 1 of article I of the United States Constitution 4 grants all legislative powers to Congress. Over time, Con- 5 gress has excessively delegated its constitutional charge 6 while failing to conduct appropriate oversight and retain 7 accountability for the content of the laws it passes. By 8 requiring a vote in Congress, the REINS Act will result 9 in more carefully drafted and detailed legislation, an im- 10 proved regulatory process, and a legislative branch that 11 is truly accountable to the American people for the laws 12 imposed upon them. 13 SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE- 14 MAKING. 15 Chapter 8 of title 5, United States Code, is amended 16 to read as follows: 17 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 18 OF AGENCY RULEMAKING 19 ‘‘Sec. ‘‘801. Congressional review. ‘‘802. Congressional approval procedure for major rules. ‘‘803. Congressional disapproval procedure for nonmajor rules. ‘‘804. Definitions. ‘‘805. Judicial review. ‘‘806. Exemption for monetary policy. ‘‘807. Effective date of certain rules. VerDate Sep 11 2014 22:36 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S68.IS S68 kjohnson on DSK79L0C42PROD with BILLS 3 •S 68 IS ‘‘§ 801. Congressional review 1 ‘‘(a)(1)(A) Before a rule may take effect, the Federal 2 agency promulgating such rule shall publish in the Federal 3 Register a list of information on which the rule is based, 4 including data, scientific and economic studies, and cost- 5 benefit analyses, and identify how the public can access 6 such information online, and shall submit to each House 7 of the Congress and to the Comptroller General a report 8 containing— 9 ‘‘(i) a copy of the rule; 10 ‘‘(ii) a concise general statement relating to the 11 rule; 12 ‘‘(iii) a classification of the rule as a major or 13 nonmajor rule, including an explanation of the clas- 14 sification specifically addressing each criteria for a 15 major rule contained within subparagraphs (A) 16 through (C) of section 804(2); 17 ‘‘(iv) a list of any other related regulatory ac- 18 tions intended to implement the same statutory pro- 19 vision or regulatory objective as well as the indi- 20 vidual and aggregate economic effects of those ac- 21 tions; and 22 ‘‘(v) the proposed effective date of the rule. 23 ‘‘(B) On the date of the submission of the report 24 under subparagraph (A), the Federal agency promulgating 25 VerDate Sep 11 2014 22:36 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S68.IS S68 kjohnson on DSK79L0C42PROD with BILLS 4 •S 68 IS the rule shall submit to the Comptroller General and make 1 available to each House of Congress— 2 ‘‘(i) a complete copy of the cost-benefit analysis 3 of the rule, if any, including an analysis of any jobs 4 added or lost, differentiating between public and pri- 5 vate sector jobs; 6 ‘‘(ii) the agency’s actions pursuant to sections 7 603, 604, 605, 607, and 609 of this title; 8 ‘‘(iii) the agency’s actions pursuant to sections 9 202, 203, 204, and 205 of the Unfunded Mandates 10 Reform Act of 1995; and 11 ‘‘(iv) any other relevant information or require- 12 ments under any other Act and any relevant Execu- 13 tive orders. 14 ‘‘(C) Upon receipt of a report submitted under sub- 15 paragraph (A), each House shall provide copies of the re- 16 port to the chairman and ranking member of each stand- 17 ing committee with jurisdiction under the rules of the 18 House of Representatives or the Senate to report a bill 19 to amend the provision of law under which the rule is 20 issued. 21 ‘‘(2)(A) The Comptroller General shall provide a re- 22 port on each major rule to the committees of jurisdiction 23 by the end of 15 calendar days after the submission or 24 publication date. The report of the Comptroller General 25 VerDate Sep 11 2014 22:36 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S68.IS S68 kjohnson on DSK79L0C42PROD with BILLS 5 •S 68 IS shall include an assessment of the agency’s compliance 1 with procedural steps required by paragraph (1)(B) and 2 an assessment of whether the major rule imposes any new 3 limits or mandates on private-sector activity. 4 ‘‘(B) Federal agencies shall cooperate with the Comp- 5 troller General by providing information relevant to the 6 Comptroller General’s report under subparagraph (A). 7 ‘‘(3) A major rule relating to a report submitted 8 under paragraph (1) shall take effect upon enactment of 9 a joint resolution of approval described in section 802 or 10 as provided for in the rule following enactment of a joint 11 resolution of approval described in section 802, whichever 12 is later. 13 ‘‘(4) A nonmajor rule shall take effect as provided 14 by section 803 after submission to Congress under para- 15 graph (1). 16 ‘‘(5) If a joint resolution of approval relating to a 17 major rule is not enacted within the period provided in 18 subsection (b)(2), then a joint resolution of approval relat- 19 ing to the same rule may not be considered under this 20 chapter in the same Congress by either the House of Rep- 21 resentatives or the Senate. 22 ‘‘(b)(1) A major rule shall not take effect unless the 23 Congress enacts a joint resolution of approval described 24 under section 802. 25 VerDate Sep 11 2014 22:36 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S68.IS S68 kjohnson on DSK79L0C42PROD with BILLS 6 •S 68 IS ‘‘(2) If a joint resolution described in subsection (a) 1 is not enacted into law by the end of 70 session days or 2 legislative days, as applicable, beginning on the date on 3 which the report referred to in subsection (a)(1)(A) is re- 4 ceived by Congress (excluding days either House of Con- 5 gress is adjourned for more than 3 days during a session 6 of Congress), then the rule described in that resolution 7 shall be deemed not to be approved and such rule shall 8 not take effect. 9 ‘‘(c)(1) Notwithstanding any other provision of this 10 section (except subject to paragraph (3)), a major rule 11 may take effect for one 90-calendar-day period if the 12 President makes a determination under paragraph (2) and 13 submits written notice of such determination to the Con- 14 gress. 15 ‘‘(2) Paragraph (1) applies to a determination made 16 by the President by Executive order that the major rule 17 should take effect because such rule is— 18 ‘‘(A) necessary because of an imminent threat 19 to health or safety or other emergency; 20 ‘‘(B) necessary for the enforcement of criminal 21 laws; 22 ‘‘(C) necessary for national security; or 23 ‘‘(D) issued pursuant to any statute imple- 24 menting an international trade agreement. 25 VerDate Sep 11 2014 22:36 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S68.IS S68 kjohnson on DSK79L0C42PROD with BILLS 7 •S 68 IS ‘‘(3) An exercise by the President of the authority 1 under this subsection shall have no effect on the proce- 2 dures under section 802. 3 ‘‘(d)(1) In addition to the opportunity for review oth- 4 erwise provided under this chapter, in the case of any rule 5 for which a report was submitted in accordance with sub- 6 section (a)(1)(A) during the period beginning on the date 7 occurring— 8 ‘‘(A) in the case of the Senate, 60 session days; 9 or 10 ‘‘(B) in the case of the House of Representa- 11 tives, 60 legislative days, 12 before the date the Congress is scheduled to adjourn a 13 session of Congress through the date on which the same 14 or succeeding Congress first convenes its next session, sec- 15 tions 802 and 803 shall apply to such rule in the suc- 16 ceeding session of Congress. 17 ‘‘(2)(A) In applying sections 802 and 803 for pur- 18 poses of such additional review, a rule described under 19 paragraph (1) shall be treated as though— 20 ‘‘(i) such rule were published in the Federal 21 Register on— 22 ‘‘(I) in the case of the Senate, the 15th 23 session day; or 24 VerDate Sep 11 2014 22:36 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S68.IS S68 kjohnson on DSK79L0C42PROD with BILLS 8 •S 68 IS ‘‘(II) in the case of the House of Rep- 1 resentatives, the 15th legislative day, 2 after the succeeding session of Congress first con- 3 venes; and 4 ‘‘(ii) a report on such rule were submitted to 5 Congress under subsection (a)(1) on such date. 6 ‘‘(B) Nothing in this paragraph shall be construed 7 to affect the requirement under subsection (a)(1) that a 8 report shall be submitted to Congress before a rule can 9 take effect. 10 ‘‘(3) A rule described under paragraph (1) shall take 11 effect as otherwise provided by law (including other sub- 12 sections of this section). 13 ‘‘§ 802. Congressional approval procedure for major 14 rules 15 ‘‘(a)(1) For purposes of this section, the term ‘joint 16 resolution’ means only a joint resolution addressing a re- 17 port classifying a rule as major pursuant to section 18 801(a)(1)(A)(iii) that— 19 ‘‘(A) bears no preamble; 20 ‘‘(B) bears the following title (with blanks filled 21 as appropriate): ‘Approving the rule submitted by 22 lll relating to lll.’; 23 ‘‘(C) includes after its resolving clause only the 24 following (with blanks filled as appropriate): ‘That 25 VerDate Sep 11 2014 22:36 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S68.IS S68 kjohnson on DSK79L0C42PROD with BILLS 9 •S 68 IS Congress approves the rule submitted by lll re- 1 lating to lll.’; and 2 ‘‘(D) is introduced pursuant to paragraph (2). 3 ‘‘(2) After a House of Congress receives a report 4 classifying a rule as major pursuant to section 5 801(a)(1)(A)(iii), the majority leader of that House (or 6 his or her respective designee) shall introduce (by request, 7 if appropriate) a joint resolution described in paragraph 8 (1)— 9 ‘‘(A) in the case of the House of Representa- 10 tives, within 3 legislative days; and 11 ‘‘(B) in the case of the Senate, within 3 session 12 days. 13 ‘‘(3) A joint resolution described in paragraph (1) 14 shall not be subject to amendment at any stage of pro- 15 ceeding. 16 ‘‘(b) A joint resolution described in subsection (a) 17 shall be referred in each House of Congress to the commit- 18 tees having jurisdiction over the provision of law under 19 which the rule is issued. 20 ‘‘(c) In the Senate, if the committee or committees 21 to which a joint resolution described in subsection (a) has 22 been referred have not reported it at the end of 15 session 23 days after its introduction, such committee or committees 24 shall be automatically discharged from further consider- 25 VerDate Sep 11 2014 22:36 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S68.IS S68 kjohnson on DSK79L0C42PROD with BILLS 10 •S 68 IS ation of the resolution and it shall be placed on the cal- 1 endar. A vote on final passage of the resolution shall be 2 taken on or before the close of the 15th session day after 3 the resolution is reported by the committee or committees 4 to which it was referred, or after such committee or com- 5 mittees have been discharged from further consideration 6 of the resolution. 7 ‘‘(d)(1) In the Senate, when the committee or com- 8 mittees to which a joint resolution is referred have re- 9 ported, or when a committee or committees are discharged 10 (under subsection (c)) from further consideration of a 11 joint resolution described in subsection (a), it is at any 12 time thereafter in order (even though a previous motion 13 to the same effect has been disagreed to) for a motion 14 to proceed to the consideration of the joint resolution, and 15 all points of order against the joint resolution (and against 16 consideration of the joint resolution) are waived. The mo- 17 tion is not subject to amendment, or to a motion to post- 18 pone, or to a motion to proceed to the consideration of 19 other business. A motion to reconsider the vote by which 20 the motion is agreed to or disagreed to shall not be in 21 order. If a motion to proceed to the consideration of the 22 joint resolution is agreed to, the joint resolution shall re- 23 main the unfinished business of the Senate until disposed 24 of. 25 VerDate Sep 11 2014 22:36 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S68.IS S68 kjohnson on DSK79L0C42PROD with BILLS 11 •S 68 IS ‘‘(2) In the Senate, debate on the joint resolution, 1 and on all debatable motions and appeals in connection 2 therewith, shall be limited to not more than 2 hours, which 3 shall be divided equally between those favoring and those 4 opposing the joint resolution. A motion to further limit 5 debate is in order and not debatable. An amendment to, 6 or a motion to postpone, or a motion to proceed to the 7 consideration of other business, or a motion to recommit 8 the joint resolution is not in order. 9 ‘‘(3) In the Senate, immediately following the conclu- 10 sion of the debate on a joint resolution described in sub- 11 section (a), and a single quorum call at the conclusion of 12 the debate if requested in accordance with the rules of the 13 Senate, the vote on final passage of the joint resolution 14 shall occur. 15 ‘‘(4) Appeals from the decisions of the Chair relating 16 to the application of the rules of the Senate to the proce- 17 dure relating to a joint resolution described in subsection 18 (a) shall be decided without debate. 19 ‘ [Text truncated for display. Full text available on Congress.gov.]