What This Bill Does
This bill requires Congress to vote and approve large government regulations before they can take effect. The bill changes how federal agencies (government departments) create new rules by making Congress give permission first instead of just reviewing them later.
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Who It Affects
Federal agencies that create rules; Congress (Senate and House of Representatives); the President; private businesses and industries; consumers; state and local governments; the Comptroller General (head of the Government Accountability Office); the Office of Management and Budget.
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Key Provisions
- Federal agencies must submit detailed reports to Congress before major rules take effect, including the rule text, cost analysis, and explanation of whether it is major or nonmajor (Sec. 801)
- Major rules cannot take effect unless Congress passes a joint resolution (a formal agreement between both chambers of Congress) approving the rule within 70 legislative or session days of receiving the report (Sec. 801)
- If Congress does not pass an approval resolution within 70 days, the major rule automatically dies and cannot take effect (Sec. 801)
- For nonmajor rules, Congress has 60 days to pass a resolution disapproving the rule; if disapproved, the rule has no effect (Sec. 803)
- The President can allow a major rule to take effect temporarily for 90 calendar days only if the President determines by executive order that the rule is necessary because of imminent threat to health or safety, emergency, criminal law enforcement, national security, or implementation of an international trade agreement (Sec. 801)
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What Changes
Currently, federal agencies create rules that take effect automatically unless Congress disapproves them. Under this bill, major rules must be approved by Congress before taking effect. The Comptroller General must review each major rule within 15 days and report to Congress on whether the agency followed required procedures. Congressional approval procedures become stricter with time limits and specific voting requirements that cannot be changed without both chambers of Congress agreeing.
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Important Definitions
**Major rule:** Any rule that will likely result in an annual economic effect of 100 million dollars or more, cause major increases in costs or prices, or create significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of American companies to compete with foreign companies (Sec. 804)
**Nonmajor rule:** Any rule that is not a major rule (Sec. 804)
**Rule:** Not specified in bill text (uses existing definition from federal law)
**Joint resolution:** A formal legislative measure passed by both the Senate and House of Representatives (Sec. 802 and 803)
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Effective Date
Not specified in bill text
II
Calendar No. 9
118TH CONGRESS
1ST SESSION
S. 184
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 31, 2023
Mr. PAUL (for himself, Ms. LUMMIS, Mr. LEE, Mr. JOHNSON, Mr. SULLIVAN,
Mr. CRAMER, Mr. GRASSLEY, Mr. CRUZ, Mr. RISCH, Mr. SCOTT of Flor-
ida, Mr. CRAPO, Mr. HOEVEN, Mr. BARRASSO, Ms. ERNST, Mr. DAINES,
Mr. MARSHALL, Mr. YOUNG, Mrs. HYDE-SMITH, Mr. ROUNDS, Mr.
BRAUN, Mrs. BLACKBURN, and Mr. LANKFORD) introduced the following
bill; which was read the first time
FEBRUARY 1, 2023
Read the second time and placed on the calendar
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
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SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Regulations from the
2
Executive in Need of Scrutiny Act of 2023’’.
3
SEC. 2. PURPOSE.
4
The purpose of this Act is to increase accountability
5
for and transparency in the Federal regulatory process.
6
Section 1 of article I of the United States Constitution
7
grants all legislative powers to Congress. Over time, Con-
8
gress has excessively delegated its constitutional charge
9
while failing to conduct appropriate oversight and retain
10
accountability for the content of the laws it passes. By
11
requiring a vote in Congress, the REINS Act will result
12
in more carefully drafted and detailed legislation, an im-
13
proved regulatory process, and a legislative branch that
14
is truly accountable to the American people for the laws
15
imposed upon them.
16
SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE-
17
MAKING.
18
Chapter 8 of title 5, United States Code, is amended
19
to read as follows:
20
‘‘CHAPTER 8—CONGRESSIONAL REVIEW
21
OF AGENCY RULEMAKING
22
‘‘Sec.
‘‘801. Congressional review.
‘‘802. Congressional approval procedure for major rules.
‘‘803. Congressional disapproval procedure for nonmajor rules.
‘‘804. Definitions.
‘‘805. Judicial review.
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‘‘806. Exemption for monetary policy.
‘‘807. Effective date of certain rules.
‘‘§ 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
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‘‘(B) On the date of the submission of the report
1
under subparagraph (A), the Federal agency promulgating
2
the rule shall submit to the Comptroller General and make
3
available to each House of Congress—
4
‘‘(i) a complete copy of the cost-benefit analysis
5
of the rule, if any, including an analysis of any jobs
6
added or lost, differentiating between public and pri-
7
vate sector jobs;
8
‘‘(ii) the agency’s actions pursuant to sections
9
603, 604, 605, 607, and 609 of this title;
10
‘‘(iii) the agency’s actions pursuant to sections
11
202, 203, 204, and 205 of the Unfunded Mandates
12
Reform Act of 1995; and
13
‘‘(iv) any other relevant information or require-
14
ments under any other Act and any relevant Execu-
15
tive orders.
16
‘‘(C) Upon receipt of a report submitted under sub-
17
paragraph (A), each House shall provide copies of the re-
18
port to the chairman and ranking member of each stand-
19
ing committee with jurisdiction under the rules of the
20
House of Representatives or the Senate to report a bill
21
to amend the provision of law under which the rule is
22
issued.
23
‘‘(2)(A) The Comptroller General shall provide a re-
24
port on each major rule to the committees of jurisdiction
25
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•S 184 PCS
by the end of 15 calendar days after the submission or
1
publication date. The report of the Comptroller General
2
shall include an assessment of the agency’s compliance
3
with procedural steps required by paragraph (1)(B) and
4
an assessment of whether the major rule imposes any new
5
limits or mandates on private-sector activity.
6
‘‘(B) Federal agencies shall cooperate with the Comp-
7
troller General by providing information relevant to the
8
Comptroller General’s report under subparagraph (A).
9
‘‘(3) A major rule relating to a report submitted
10
under paragraph (1) shall take effect upon enactment of
11
a joint resolution of approval described in section 802 or
12
as provided for in the rule following enactment of a joint
13
resolution of approval described in section 802, whichever
14
is later.
15
‘‘(4) A nonmajor rule shall take effect as provided
16
by section 803 after submission to Congress under para-
17
graph (1).
18
‘‘(5) If a joint resolution of approval relating to a
19
major rule is not enacted within the period provided in
20
subsection (b)(2), then a joint resolution of approval relat-
21
ing to the same rule may not be considered under this
22
chapter in the same Congress by either the House of Rep-
23
resentatives or the Senate.
24
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•S 184 PCS
‘‘(b)(1) A major rule shall not take effect unless the
1
Congress enacts a joint resolution of approval described
2
under section 802.
3
‘‘(2) If a joint resolution described in subsection (a)
4
is not enacted into law by the end of 70 session days or
5
legislative days, as applicable, beginning on the date on
6
which the report referred to in subsection (a)(1)(A) is re-
7
ceived by Congress (excluding days either House of Con-
8
gress is adjourned for more than 3 days during a session
9
of Congress), then the rule described in that resolution
10
shall be deemed not to be approved and such rule shall
11
not take effect.
12
‘‘(c)(1) Notwithstanding any other provision of this
13
section (except subject to paragraph (3)), a major rule
14
may take effect for one 90-calendar-day period if the
15
President makes a determination under paragraph (2) and
16
submits written notice of such determination to the Con-
17
gress.
18
‘‘(2) Paragraph (1) applies to a determination made
19
by the President by Executive order that the major rule
20
should take effect because such rule is—
21
‘‘(A) necessary because of an imminent threat
22
to health or safety or other emergency;
23
‘‘(B) necessary for the enforcement of criminal
24
laws;
25
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•S 184 PCS
‘‘(C) necessary for national security; or
1
‘‘(D) issued pursuant to any statute imple-
2
menting an international trade agreement.
3
‘‘(3) An exercise by the President of the authority
4
under this subsection shall have no effect on the proce-
5
dures under section 802.
6
‘‘(d)(1) In addition to the opportunity for review oth-
7
erwise provided under this chapter, in the case of any rule
8
for which a report was submitted in accordance with sub-
9
section (a)(1)(A) during the period beginning on the date
10
occurring—
11
‘‘(A) in the case of the Senate, 60 session days;
12
or
13
‘‘(B) in the case of the House of Representa-
14
tives, 60 legislative days,
15
before the date the Congress is scheduled to adjourn a
16
session of Congress through the date on which the same
17
or succeeding Congress first convenes its next session, sec-
18
tions 802 and 803 shall apply to such rule in the suc-
19
ceeding session of Congress.
20
‘‘(2)(A) In applying sections 802 and 803 for pur-
21
poses of such additional review, a rule described under
22
paragraph (1) shall be treated as though—
23
‘‘(i) such rule were published in the Federal
24
Register on—
25
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•S 184 PCS
‘‘(I) in the case of the Senate, the 15th
1
session day; or
2
‘‘(II) in the case of the House of Rep-
3
resentatives, the 15th legislative day,
4
after the succeeding session of Congress first con-
5
venes; and
6
‘‘(ii) a report on such rule were submitted to
7
Congress under subsection (a)(1) on such date.
8
‘‘(B) Nothing in this paragraph shall be construed
9
to affect the requirement under subsection (a)(1) that a
10
report shall be submitted to Congress before a rule can
11
take effect.
12
‘‘(3) A rule described under paragraph (1) shall take
13
effect as otherwise provided by law (including other sub-
14
sections of this section).
15
‘‘§ 802. Congressional approval procedure for major
16
rules
17
‘‘(a)(1) For purposes of this section, the term ‘joint
18
resolution’ means only a joint resolution addressing a re-
19
port classifying a rule as major pursuant to section
20
801(a)(1)(A)(iii) that—
21
‘‘(A) bears no preamble;
22
‘‘(B) bears the following title (with blanks filled
23
as appropriate): ‘Approving the rule submitted by
24
lll relating to lll.’;
25
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•S 184 PCS
‘‘(C) includes after its resolving clause only the
1
following (with blanks filled as appropriate): ‘That
2
Congress approves the rule submitted by lll re-
3
lating to lll.’; and
4
‘‘(D) is introduced pursuant to paragraph (2).
5
‘‘(2) After a House of Congress receives a report
6
classifying a rule as major pursuant to section
7
801(a)(1)(A)(iii), the majority leader of that House (or
8
his or her respective designee) shall introduce (by request,
9
if appropriate) a joint resolution described in paragraph
10
(1)—
11
‘‘(A) in the case of the House of Representa-
12
tives, within 3 legislative days; and
13
‘‘(B) in the case of the Senate, within 3 session
14
days.
15
‘‘(3) A joint resolution described in paragraph (1)
16
shall not be subject to amendment at any stage of pro-
17
ceeding.
18
‘‘(b) A joint resolution described in subsection (a)
19
shall be referred in each House of Congress to the commit-
20
tees having jurisdiction over the provision of law under
21
which the rule is issued.
22
‘‘(c) In the Senate, if the committee or committees
23
to which a joint resolution described in subsection (a) has
24
been referred have not reported it at the end of 15 session
25
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•S 184 PCS
days after its introduction, such committee or committees
1
shall be automatically discharged from further consider-
2
ation of the resolution and it shall be placed on the cal-
3
endar. A vote on final passage of the resolution shall be
4
taken on or before the close of the 15th session day after
5
the resolution is reported by the committee or committees
6
to which it was referred, or after such committee or com-
7
mittees have been discharged from further consideration
8
of the resolution.
9
‘‘(d)(1) In the Senate, when the committee or com-
10
mittees to which a joint resolution is referred have re-
11
ported, or when a committee or committees are discharged
12
(under subsection (c)) from further consideration of a
13
joint resolution described in subsection (a), it is at any
14
time thereafter in order (even though a previous motion
15
to the same effect has been disagreed to) for a motion
16
to proceed to the consideration of the joint resolution, and
17
all points of order against the joint resolution (and against
18
consideration of the joint resolution) are waived. The mo-
19
tion is not subject to amendment, or to a motion to post-
20
pone, or to a motion to proceed to the consideration of
21
other business. A motion to reconsider the vote by which
22
the motion is agreed to or disagreed to shall not be in
23
order. If a motion to proceed to the consideration of the
24
joint resolution is agreed to, the joint resolution shall re-
25
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•S 184 PCS
main the unfinished business of the Senate until disposed
1
of.
2
‘‘(2) In the Senate, debate on the joint resolution,
3
and on all debatable motions and appeals in connection
4
therewith, shall be limited to not more than 2 hours, which
5
shall be divided equally between those favoring and those
6
opposing the joint resolution. A motion to further limit
7
debate is in order and not debatable. An amendment to,
8
or a motion to postpone, or a motion to proceed to the
9
consideration of other business, or a motion to recommit
10
the joint resolution is not in order.
11
‘‘(3) In the Senate, immediately following the conclu-
12
sion of the debate on a joint resolution described in sub-
13
section (a), and a single quorum call at the conclusion of
14
the debate if requested in accordance with the rules of the
15
Senate, the vote on final passage of the joint resolution
16
shall occur.
17
‘‘(4) Appeals from the decisions of the Chair relating
18
to the application of the rules of the Senate to the proce-
19
dure relating to a joint resolution described in subsection
20
(a) shall be
[Text truncated for display. Full text available on Congress.gov.]