Regulations from the Executive in Need of Scrutiny Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1776 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 HOUSE OF REPRESENTATIVES MARCH 10, 2021 Mrs. CAMMACK (for herself, Mr. JORDAN, Mr. ARMSTRONG, Mr. ARRINGTON, Mr. BABIN, Mr. BACON, Mr. BAIRD, Mr. BALDERSON, Mr. BANKS, Mr. BARR, Mr. BENTZ, Mr. BERGMAN, Mrs. BICE of Oklahoma, Mr. BIGGS, Mr. BILIRAKIS, Mr. BISHOP of North Carolina, Mrs. BOEBERT, Mr. BOST, Mr. BRADY, Mr. BUCHANAN, Mr. BUCK, Mr. BUCSHON, Mr. BUDD, Mr. BURCHETT, Mr. BURGESS, Mr. CARL, Mr. CARTER of Geor- gia, Mr. CAWTHORN, Mr. CHABOT, Mr. CLINE, Mr. CLOUD, Mr. CLYDE, Mr. CRENSHAW, Mr. DAVIDSON, Mr. RODNEY DAVIS of Illinois, Mr. DONALDS, Mr. DUNCAN, Mr. DUNN, Mr. EMMER, Mr. FALLON, Mr. FEENSTRA, Mrs. FISCHBACH, Mr. FULCHER, Mr. GAETZ, Mr. GARBARINO, Mr. GIBBS, Mr. GIMENEZ, Mr. GOODEN of Texas, Ms. GRANGER, Mr. GRAVES of Louisiana, Mrs. GREENE of Georgia, Mr. HAGEDORN, Mrs. HARSHBARGER, Mr. HERN, Ms. HERRELL, Mrs. HINSON, Mr. HUDSON, Mr. ISSA, Mr. JACKSON, Mr. JOHNSON of Lou- isiana, Mr. JOHNSON of South Dakota, Mr. JOYCE of Pennsylvania, Mr. KELLY of Mississippi, Mr. LAMALFA, Mr. LAMBORN, Mr. LATURNER, Mrs. LESKO, Ms. MACE, Mr. MANN, Mr. MASSIE, Mr. MAST, Mrs. MCCLAIN, Mr. MCCLINTOCK, Mr. MCKINLEY, Mrs. RODGERS of Wash- ington, Mrs. MILLER of Illinois, Mrs. MILLER-MEEKS, Mr. MOONEY, Mr. MOORE of Alabama, Mr. MURPHY of North Carolina, Mr. NEHLS, Mr. NEWHOUSE, Mr. NORMAN, Mr. OWENS, Mr. PALMER, Mr. PERRY, Mr. PFLUGER, Mr. POSEY, Mr. RESCHENTHALER, Mr. ROGERS of Alabama, Mr. ROSENDALE, Mr. ROUZER, Mr. ROY, Mr. RUTHERFORD, Mr. AUSTIN SCOTT of Georgia, Mr. SMITH of Nebraska, Mr. SMUCKER, Mrs. SPARTZ, Mrs. STEEL, Mr. STEUBE, Mr. TAYLOR, Ms. TENNEY, Mr. THOMPSON of Pennsylvania, Mr. TIFFANY, Mr. VAN DREW, Ms. VAN DUYNE, Mr. WALBERG, Mrs. WALORSKI, Mr. WEBER of Texas, Mr. WILSON of South Carolina, Mr. WITTMAN, Mr. YOUNG, Mr. WILLIAMS of Texas, Mr. SCA- LISE, Mr. STEWART, and Mr. HICE of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary, and in addi- tion to the Committees on Rules, and the Budget, for a period to be sub- VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1776.IH H1776 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1776 IH sequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 SEC. 2. PURPOSE. 6 The purpose of this Act is to increase accountability 7 for and transparency in the Federal regulatory process. 8 Section 1 of article I of the United States Constitution 9 grants all legislative powers to Congress. Over time, Con- 10 gress has excessively delegated its constitutional charge 11 while failing to conduct appropriate oversight and retain 12 accountability for the content of the laws it passes. By 13 requiring a vote in Congress, the REINS Act will result 14 in more carefully drafted and detailed legislation, an im- 15 proved regulatory process, and a legislative branch that 16 is truly accountable to the American people for the laws 17 imposed upon them. 18 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1776 IH SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE- 1 MAKING. 2 Chapter 8 of title 5, United States Code, is amended 3 to read as follows: 4 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 5 OF AGENCY RULEMAKING 6 ‘‘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. ‘‘§ 801. Congressional review 7 ‘‘(a)(1)(A) Before a rule may take effect, the Federal 8 agency promulgating such rule shall publish in the Federal 9 Register a list of information on which the rule is based, 10 including data, scientific and economic studies, and cost- 11 benefit analyses, and identify how the public can access 12 such information online, and shall submit to each House 13 of the Congress and to the Comptroller General a report 14 containing— 15 ‘‘(i) a copy of the rule; 16 ‘‘(ii) a concise general statement relating to the 17 rule; 18 ‘‘(iii) a classification of the rule as a major or 19 nonmajor rule, including an explanation of the clas- 20 sification specifically addressing each criteria for a 21 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1776 IH major rule contained within subparagraphs (A) 1 through (C) of section 804(2); 2 ‘‘(iv) a list of any other related regulatory ac- 3 tions intended to implement the same statutory pro- 4 vision or regulatory objective as well as the indi- 5 vidual and aggregate economic effects of those ac- 6 tions; and 7 ‘‘(v) the proposed effective date of the rule. 8 ‘‘(B) On the date of the submission of the report 9 under subparagraph (A), the Federal agency promulgating 10 the rule shall submit to the Comptroller General and make 11 available to each House of Congress— 12 ‘‘(i) a complete copy of the cost-benefit analysis 13 of the rule, if any, including an analysis of any jobs 14 added or lost, differentiating between public and pri- 15 vate sector jobs; 16 ‘‘(ii) the agency’s actions pursuant to sections 17 603, 604, 605, 607, and 609 of this title; 18 ‘‘(iii) the agency’s actions pursuant to sections 19 202, 203, 204, and 205 of the Unfunded Mandates 20 Reform Act of 1995; and 21 ‘‘(iv) any other relevant information or require- 22 ments under any other Act and any relevant Execu- 23 tive orders. 24 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1776 IH ‘‘(C) Upon receipt of a report submitted under sub- 1 paragraph (A), each House shall provide copies of the re- 2 port to the chairman and ranking member of each stand- 3 ing committee with jurisdiction under the rules of the 4 House of Representatives or the Senate to report a bill 5 to amend the provision of law under which the rule is 6 issued. 7 ‘‘(2)(A) The Comptroller General shall provide a re- 8 port on each major rule to the committees of jurisdiction 9 by the end of 15 calendar days after the submission or 10 publication date. The report of the Comptroller General 11 shall include an assessment of the agency’s compliance 12 with procedural steps required by paragraph (1)(B) and 13 an assessment of whether the major rule imposes any new 14 limits or mandates on private-sector activity. 15 ‘‘(B) Federal agencies shall cooperate with the Comp- 16 troller General by providing information relevant to the 17 Comptroller General’s report under subparagraph (A). 18 ‘‘(3) A major rule relating to a report submitted 19 under paragraph (1) shall take effect upon enactment of 20 a joint resolution of approval described in section 802 or 21 as provided for in the rule following enactment of a joint 22 resolution of approval described in section 802, whichever 23 is later. 24 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1776 IH ‘‘(4) A nonmajor rule shall take effect as provided 1 by section 803 after submission to Congress under para- 2 graph (1). 3 ‘‘(5) If a joint resolution of approval relating to a 4 major rule is not enacted within the period provided in 5 subsection (b)(2), then a joint resolution of approval relat- 6 ing to the same rule may not be considered under this 7 chapter in the same Congress by either the House of Rep- 8 resentatives or the Senate. 9 ‘‘(b)(1) A major rule shall not take effect unless the 10 Congress enacts a joint resolution of approval described 11 under section 802. 12 ‘‘(2) If a joint resolution described in subsection (a) 13 is not enacted into law by the end of 70 session days or 14 legislative days, as applicable, beginning on the date on 15 which the report referred to in subsection (a)(1)(A) is re- 16 ceived by Congress (excluding days either House of Con- 17 gress is adjourned for more than 3 days during a session 18 of Congress), then the rule described in that resolution 19 shall be deemed not to be approved and such rule shall 20 not take effect. 21 ‘‘(c)(1) Notwithstanding any other provision of this 22 section (except subject to paragraph (3)), a major rule 23 may take effect for one 90-calendar-day period if the 24 President makes a determination under paragraph (2) and 25 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1776 IH submits written notice of such determination to the Con- 1 gress. 2 ‘‘(2) Paragraph (1) applies to a determination made 3 by the President by Executive order that the major rule 4 should take effect because such rule is— 5 ‘‘(A) necessary because of an imminent threat 6 to health or safety or other emergency; 7 ‘‘(B) necessary for the enforcement of criminal 8 laws; 9 ‘‘(C) necessary for national security; or 10 ‘‘(D) issued pursuant to any statute imple- 11 menting an international trade agreement. 12 ‘‘(3) An exercise by the President of the authority 13 under this subsection shall have no effect on the proce- 14 dures under section 802. 15 ‘‘(d)(1) In addition to the opportunity for review oth- 16 erwise provided under this chapter, in the case of any rule 17 for which a report was submitted in accordance with sub- 18 section (a)(1)(A) during the period beginning on the date 19 occurring— 20 ‘‘(A) in the case of the Senate, 60 session days; 21 or 22 ‘‘(B) in the case of the House of Representa- 23 tives, 60 legislative days, 24 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1776 IH before the date the Congress is scheduled to adjourn a 1 session of Congress through the date on which the same 2 or succeeding Congress first convenes its next session, sec- 3 tions 802 and 803 shall apply to such rule in the suc- 4 ceeding session of Congress. 5 ‘‘(2)(A) In applying sections 802 and 803 for pur- 6 poses of such additional review, a rule described under 7 paragraph (1) shall be treated as though— 8 ‘‘(i) such rule were published in the Federal 9 Register on— 10 ‘‘(I) in the case of the Senate, the 15th 11 session day; or 12 ‘‘(II) in the case of the House of Rep- 13 resentatives, the 15th legislative day, 14 after the succeeding session of Congress first con- 15 venes; and 16 ‘‘(ii) a report on such rule were submitted to 17 Congress under subsection (a)(1) on such date. 18 ‘‘(B) Nothing in this paragraph shall be construed 19 to affect the requirement under subsection (a)(1) that a 20 report shall be submitted to Congress before a rule can 21 take effect. 22 ‘‘(3) A rule described under paragraph (1) shall take 23 effect as otherwise provided by law (including other sub- 24 sections of this section). 25 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1776 IH ‘‘§ 802. Congressional approval procedure for major 1 rules 2 ‘‘(a)(1) For purposes of this section, the term ‘joint 3 resolution’ means only a joint resolution addressing a re- 4 port classifying a rule as major pursuant to section 5 801(a)(1)(A)(iii) that— 6 ‘‘(A) bears no preamble; 7 ‘‘(B) bears the following title (with blanks filled 8 as appropriate): ‘Approving the rule submitted by 9 lll relating to lll.’; 10 ‘‘(C) includes after its resolving clause only the 11 following (with blanks filled as appropriate): ‘That 12 Congress approves the rule submitted by lll re- 13 lating to lll.’; and 14 ‘‘(D) is introduced pursuant to paragraph (2). 15 ‘‘(2) After a House of Congress receives a report 16 classifying a rule as major pursuant to section 17 801(a)(1)(A)(iii), the majority leader of that House (or 18 his or her respective designee) shall introduce (by request, 19 if appropriate) a joint resolution described in paragraph 20 (1)— 21 ‘‘(A) in the case of the House of Representa- 22 tives, within 3 legislative days; and 23 ‘‘(B) in the case of the Senate, within 3 session 24 days. 25 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1776 IH ‘‘(3) A joint resolution described in paragraph (1) 1 shall not be subject to amendment at any stage of pro- 2 ceeding. 3 ‘‘(b) A joint resolution described in subsection (a) 4 shall be referred in each House of Congress to the commit- 5 tees having jurisdiction over the provision of law under 6 which the rule is issued. 7 ‘‘(c) In the Senate, if the committee or committees 8 to which a joint resolution described in subsection (a) has 9 been referred have not reported it at the end of 15 session 10 days after its introduction, such committee or committees 11 shall be automatically discharged from further consider- 12 ation of the resolution and it shall be placed on the cal- 13 endar. A vote on final passage of the resolution shall be 14 taken on or before the close of the 15th session day after 15 the resolution is reported by the committee or committees 16 to which it was referred, or after such committee or com- 17 mittees have been discharged from further consideration 18 of the resolution. 19 ‘‘(d)(1) In the Senate, when the committee or com- 20 mittees to which a joint resolution is referred have re- 21 ported, or when a committee or committees are discharged 22 (under subsection (c)) from further consideration of a 23 joint resolution described in subsection (a), it is at any 24 time thereafter in order (even though a previous motion 25 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1776 IH to the same effect [Text truncated for display. Full text available on Congress.gov.]