Summary

                            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.

Introduced in Senate
Regulations From the Executive in Need of Scrutiny Act of 2017

This bill revises provisions relating to congressional review of agency
rulemaking. A federal agency promulgating a rule must publish information about
the rule in the Federal Register and include in its report to Congress and to
the Government Accountability Office: (1) a classification of the rule as a
major or nonmajor rule, and (2) a copy of the cost-benefit analysis of the rule
that includes an analysis of any jobs added or lost.

A "major rule" is any rule that the Office of Information and Regulatory Affairs
of the Office of Management and Budget finds results in: (1) an annual effect on
the economy of $100 million or more; (2) a major increase in costs or prices for
consumers, individual industries, government agencies, or geographic regions; or
(3) significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of U.S.-based enterprises to compete
with foreign-based enterprises. 

A joint resolution of approval must be enacted within 70 session days or
legislative days after the agency proposing a major rule submits its report on
such rule to Congress in order for the rule to take effect. A major rule may
take effect for 90 days without such approval if the President determines it is
necessary because of an imminent threat to health or safety or other emergency,
for the enforcement of criminal laws, for national security, or to implement an
international trade agreement.

The bill sets forth the congressional approval procedure for major rules and the
congressional disapproval procedure for nonmajor rules. 

A joint resolution addressing a report classifying a rule as a major rule must
be introduced within three legislative days in the House of Representative and
three session days in the Senate. The bill prohibits any amendments to, and
provides for expedited consideration of, such a joint resolution.

A court may review whether an agency has completed the necessary requirements
under this bill for a rule to take effect. The bill limits the effect of a joint
resolution of approval of a major rule.

The Balanced Budget and Emergency Deficit Control Act of 1985 is amended to
provide that any congressional approval procedure set forth in this bill
affecting budget authority, outlays, or receipts shall be assumed to be
effective unless it is not approved in accordance with this bill.



                        

Actions

  • Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.

    May 17th, 2017
  • Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

    Jan 4th, 2017
  • Introduced in Senate

    Jan 4th, 2017