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Regulations from the Executive in Need of Scrutiny Act of 2023

Source: Congress.gov  ·  5,956 words in original text
What This Bill Does
This bill requires Congress to approve major federal agency rules before they can take effect. Agencies must submit reports to Congress about major rules, and Congress has 70 days to pass a joint resolution (a special legislative action) approving each rule. If Congress does not approve a major rule within this timeframe, the rule cannot go into effect. ##
Who It Affects
* Federal agencies that create regulations * Congress members who must vote on rule approvals * Businesses and individuals subject to federal regulations * The public that follows federal rules * The Comptroller General (the official who oversees government spending) * The Office of Management and Budget (a White House office) ##
Key Provisions
* Before a major rule takes effect, the federal agency must submit a detailed report to Congress and the Comptroller General that includes the rule text, cost-benefit analysis, economic effects, and constitutional authority for the rule (Sec. 801(a)) * Major rules cannot take effect unless Congress passes a joint resolution of approval within 70 session or legislative days after receiving the agency's report (Sec. 801(b)) * The President can allow a major rule to take effect temporarily for 90 calendar days if the rule addresses an imminent threat to health or safety, enforces criminal laws, protects national security, or implements an international trade agreement (Sec. 801(c)) * A "major rule" is defined as any rule that affects the economy by $100 million or more annually, creates major cost increases, negatively affects competition or employment, or increases mandatory vaccinations (Sec. 804) * Congress must designate at least 20 percent of existing eligible rules for review each year for four years, and rules not approved by Congress within 90 days of designation have no effect (Sec. 808) ##
What Changes
Currently, most federal agencies can implement rules without specific Congressional approval. Under this bill, major rules must receive explicit Congressional approval through a joint resolution before taking effect. If Congress does not vote to approve a major rule within 70 days, that rule automatically fails and does not take effect. Additionally, existing rules in effect when this bill becomes law must be reviewed and reapproved by Congress. ##
Important Definitions
* **Major rule:** A rule that will affect the economy by $100 million or more yearly, create major cost or price increases, significantly harm competition or employment, or increase mandatory vaccinations (Sec. 804) * **Rule:** Agency guidance documents, interpretative rules, and general policy statements, but excluding rules about specific individual cases, agency management, or internal procedures (Sec. 804) * **Federal agency:** Any agency as defined in federal administrative law (Sec. 804) * **Submission or publication date:** For major rules, the date Congress receives the agency report; for non-major rules, the later of when Congress receives the report or when the rule is published in the Federal Register (Sec. 804) ##
Effective Date
Not specified in bill text
Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.