[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2953 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2953
To consolidate or repeal unnecessary agency major rules, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27 (legislative day, September 22), 2023
Mr. Scott of Florida (for himself, Mr. Cotton, Mr. Tillis, Mr. Risch,
Mr. Crapo, Mr. Johnson, Mr. Hawley, Mr. Cruz, and Mr. Schmitt)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To consolidate or repeal unnecessary agency major rules, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unnecessary Agency Regulations
Reduction Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Office of Information and Regulatory Affairs;
(2) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code;
(3) the term ``burdensome'', with respect to a major rule
or set of major rules of an agency, means that the major rule
or set of major rules--
(A) can be consolidated or repealed, in whole or in
part, to eliminate or reduce excessive compliance costs
or user fees; or
(B) imposes unfunded mandates due to the agency
failing to adequately comply with section 205 of the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1535);
(4) the term ``duplicative'', with respect to a major rule
or set of major rules of an agency, means that the major rule
or set of major rules overlaps, duplicates, or conflicts with
other Federal regulations;
(5) the term ``joint resolution'' means only a joint
resolution that contains legislative language to consolidate or
repeal, in whole or in part, agency major rules;
(6) the term ``major rule'' has the meaning given the term
in section 804 of title 5, United States Code;
(7) the term ``outdated'', with respect to a major rule or
set of major rules of an agency or a portion of a major rule of
an agency means that the major rule, set of major rules, or the
portion of the major rule has not been modified in the 10-year
period preceding the date on which the Administrator submits
the most recent list required under section 3(a)(3)(A)(ii);
(8) the term ``regulation'' has the meaning given the term
``rule'' in section 551 of title 5, United States Code; and
(9) the term ``set of major rules'' means not less than 2
major rules that collectively implement a regulatory authority
of an agency.
SEC. 3. REVIEW AND IDENTIFICATION OF UNNECESSARY REGULATIONS.
(a) Review.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act and each year thereafter, the
Administrator, in consultation with each agency, shall--
(A) compile a list that identifies all planned
agency major rules or sets of major rules for the
period covered by the submission; and
(B) identify agency major rules or sets of major
rules described in subparagraph (A) that are
duplicative, burdensome, or outdated.
(2) Consideration of gao duplication report.--
(A) In general.--The Comptroller General of the
United States shall--
(i) on an annual basis, provide to the
Administrator a copy of the annual report
prepared pursuant to section 21 of the
Statutory Pay-As-You-Go Act of 2010 (31 U.S.C.
712 note); and
(ii) in the report provided under clause
(i), identify any major rules or sets of major
rules associated with the programs, agencies,
offices, and initiatives identified in the
report as having duplicative goals or
activities, as defined by the Comptroller
General.
(B) Review.--Upon receipt of the report under
subparagraph (A), the Administrator shall--
(i) review any major rules or sets of major
rules associated with the programs, agencies,
offices, and initiatives identified in the
report as having duplicative goals or
activities;
(ii) determine, in consultation with the
relevant agencies, whether any of the major
rules or sets of major rules identified in
clause (i) are potentially duplicative,
burdensome, or outdated; and
(iii) determine whether any of the major
rules or sets of major rules identified in
clause (ii) should be consolidated or repealed,
in whole or in part.
(3) Identification of major rules or sets of major rules.--
(A) In general.--The Administrator shall, on an
annual basis--
(i) compile a list of major rules or sets
of major rules that the Administrator
determines are duplicative, burdensome, or
outdated; and
(ii) submit to Congress and include in each
Unified Agenda of Federal Regulatory and
Deregulatory Actions a list of major rules or
sets of major rules that the Administrator has
identified under paragraph (1)(B), which may
include recommendations as to whether any of
those major rules or sets of major rules should
be consolidated or repealed, in whole or in
part.
(B) Requirement for list.--The list of major rules
or sets of major rules identified as duplicative,
burdensome, or outdated under subparagraph (A)(i) shall
be derived from the major rules and sets of major rules
identified under paragraphs (1)(B) and (2)(B)(ii).
(4) Existing report.--The requirement described in
paragraph (1)(A) may be satisfied by any existing annual
report, such as the Unified Agenda of Federal Regulatory and
Deregulatory Actions, that is compiled by the Administrator and
includes the information described in paragraph (1)(A).
(b) Criteria for Review.--In identifying major rules or sets of
major rules that are duplicative, burdensome, or outdated under
subsection (a), the Administrator may consider--
(1) whether the original purpose of the major rule or set
of major rules was achieved, and the major rule or set of major
rules could be repealed, in whole or in part, without
significant recurrence of adverse effects or conduct that the
major rule or set of major rules was intended to prevent or
reduce;
(2) whether the implementation, compliance, administration,
enforcement, imposition of unfunded mandates, or other costs of
the major rule or set of major rules to the economy are not
justified by the benefits to society within the United States
produced by the expenditure of those costs;
(3) whether the major rule or set of major rules has been
rendered unnecessary or obsolete, taking into consideration the
length of time since the major rule or set of major rules was
made and the degree to which technology, economic conditions,
market practices, or other relevant factors have changed in the
subject area affected by the major rule or set of major rules;
(4) whether the major rule or set of major rules has become
unjustified or unnecessary as a result of changed
circumstances;
(5) whether the major rule or set of major rules is
compatible with other regulations and not duplicative or
inappropriately burdensome in the aggregate;
(6) whether the major rule or set of major rules is
ineffective at achieving the purposes of the major rule or set
of major rules;
(7) whether the major rule or set of major rules is
duplicative of other Federal regulations;
(8) whether the major rule or set of major rules has
excessive compliance costs, user fees, imposes unfunded
mandates, or is otherwise excessively burdensome, as compared
to alternatives that--
(A) specify performance objectives rather than
conduct or manners of compliance;
(B) establish economic incentives to encourage
desired behavior;
(C) provide information upon which choices can be
made by the public;
(D) incorporate other innovative alternatives
rather than agency actions that specify conduct or
manners of compliance; or
(E) could in other ways substantially lower costs
without significantly undermining effectiveness;
(9) whether the major rule or set of major rules inhibits
innovation in or growth of the United States economy, such as
by impeding the introduction or use of safer or equally safe
technology that is newer or more efficient than technology
required by or permissible under the major rule or set of major
rules;
(10) whether or not the major rule or set of major rules
harms competition within the United States economy or the
international economic competitiveness of enterprises or
entities based in the United States;
(11) whether or not the major rule or set of major rules
limits or prevents an agency from applying new or emerging
technologies to improve efficiency and effectiveness of
government;
(12) whether the major rule or set of major rules harms
wage growth, including wage growth for minimum wage and part-
time workers;
(13) whether the major rule or set of major rules is
outdated;
(14) whether the major rule or set of major rules is in
full compliance with the requirements of section 801(a)(1)(A)
of title 5, United States Code;
(15) whether, and the extent to which, the repeal, in whole
or in part, of the major rule or set of major rules would
impact public health;
(16) the review of the report submitted by the Comptroller
General of the United States under subsection (a)(2); and
(17) such other criteria as the Administrator determines to
identify major rules or sets of major rules that can be
repealed, in whole or in part, to eliminate or reduce
unnecessarily burdensome costs to the United States economy.
(c) Consideration by Congress.--Not later than 30 days after the
date on which the Administrator submits a list of major rules or sets
of major rules to Congress under subsection (a)(3)(A)(ii), each
appropriate congressional committee shall--
(1) review each such major rule or set of major rules that
is within the jurisdiction of the committee to determine if the
major rule or set of major rules should be consolidated or
repealed, in whole or in part; and
(2) issue a recommendation to consolidate or repeal, in
whole or in part, the major rule or set of major rules in a
joint resolution.
SEC. 4. EXPEDITED PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTION.
(a) Introduction of Joint Resolution.--
(1) In general.--Any joint resolution--
(A) shall be introduced in the Senate (by request)
by the majority leader or minority leader of the Senate
or by a Member of the Senate designated by the majority
leader or minority leader of the Senate not later than
60 days after the date on which each appropriate
congressional committee has issued the recommendation
required under section 3(c); and
(B) shall be introduced in the House of
Representatives (by request) by the Speaker of the
House of Representatives or the minority leader of the
House of Representatives or by a Member of the House of
Representatives designated by the Speaker of the House
of Representatives or the minority leader of the House
of Representatives not later than 60 days after the
date on which each appropriate congressional committee
has issued the recommendation required under section
3(c).
(2) Reintroduction.--Any joint resolution shall be
reintroduced as described in paragraph (1) not later than 60
days after the first day of a Congress if--
(A) the joint resolution was introduced during the
previous Congress after the date that was 210 days
before the date of the sine die adjournment of such
previous Congress; and
(B) there was not a vote in either House of
Congress on passage of the joint resolution introduced
under subparagraph (A) during the previous Congress by
which the joint resolution was not agreed to.
(b) Expedited Consideration in Senate.--
(1) Placement on calendar.--Upon introduction in the
Senate, the joint resolution shall be placed immediately on the
calendar.
(2) Proceeding to consideration.--
(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order, not later
than 210 days after the date on which the joint
resolution is introduced or reintroduced in the Senate
under subsection (a) (even though a previous motion to
the same effect has been disagreed to) to move to
proceed to the consideration of a joint resolution.
(B) Procedure.--For a motion to proceed to the
consideration of a joint resolution--
(i) all points of order against the motion
are waived;
(ii) the motion is not debatable;
(iii) the motion is not subject to a motion
to postpone;
(iv) a motion to reconsider the vote by
which the motion is agreed to or disagreed to
shall not be in order; and
(v) if the motion is agreed to, the joint
resolution shall remain the unfinished business
until disposed of.
(3) Floor consideration.--
(A) In general.--If the Senate proceeds to
consideration of a joint resolution--
(i) all points of order against the joint
resolution (and against consideration of the
joint resolution) are waived;
(ii) consideration of the joint resolution,
and all debatable motions and appeals in
connection therewith, shall be limited to not
more than 10 hours, which shall be divided
equally between the majority and minority
leaders or their designees;
(iii) a motion further to limit debate is
in order and not debatable;
(iv) an amendment to, a motion to postpone,
or a motion to commit the joint resolution is
not in order; and
(v) a motion to proceed to the
consideration of other business is not in
order.
(B) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the
consideration of a joint resolution, and a single
quorum call at the conclusion of the debate if
requested in accordance with the rules of the Senate.
(C) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of this paragraph or the rules of the
Senate, as the case may be, to the procedure relating
to a joint resolution shall be decided without debate.
(c) Expedited Consideration in House of Representatives.--
(1) Reporting and discharge.--Any committee of the House of
Representatives to which a joint resolution is referred shall
report it to the House of Representatives not later than 180
days after the date on which the joint resolution is introduced
or reintroduced in the House of Representatives under
subsection (a). If a committee fails to report the joint
resolution within that period, the committee shall be
discharged from further consideration of the joint resolution
and the joint resolution shall be referred to the appropriate
calendar.
(2) Proceeding to consideration.--
(A) In general.--After each committee authorized to
consider a joint resolution reports it to the House of
Representatives or has been discharged from its
consideration, it shall be in order, not later than 210
days after the date on which the joint resolution is
introduced or reintroduced in the House of
Representatives under subsection (a), to move to
proceed to consider the joint resolution in the House
of Representatives.
(B) Procedure.--For a motion to proceed to
consideration of a joint resolution--
(i) all points of order against the motion
are waived;
(ii) such a motion shall not be in order
after the House of Representatives has disposed
of a motion to proceed on the joint resolution;
(iii) the previous question shall be
considered as ordered on the motion to its
adoption without intervening motion;
(iv) the motion shall not be debatable; and
(v) a motion to reconsider the vote by
which the motion is disposed of shall not be in
order.
(3) Consideration.--If the House of Representatives
proceeds to consideration of a joint resolution--
(A) the joint resolution shall be considered as
read;
(B) all points of order against the joint
resolution and against its consideration are waived;
(C) the previous question shall be considered as
ordered on the joint resolution to its passage without
intervening motion except 10 hours of debate equally
divided and controlled by the proponent and an
opponent;
(D) an amendment to the joint resolution shall not
be in order; and
(E) a motion to reconsider the vote on passage of
the joint resolution shall not be in order.
(d) Rules Relating to Senate and House of Representatives.--
(1) Coordination with action by other house.--If, before
the passage by one House of a joint resolution of that House,
that House receives from the other House a joint resolution--
(A) the joint resolution of the other House shall
not be referred to a committee; and
(B) with respect to a joint resolution of the House
receiving the resolution--
(i) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; and
(ii) the vote on passage shall be on the
joint resolution of the other House.
(2) Treatment of joint resolution of other house.--If one
House fails to introduce or consider a joint resolution under
this section, the joint resolution of the other House shall be
entitled to expedited floor procedures under this section.
(3) Treatment of companion measures.--If, following passage
of a joint resolution in the Senate, the Senate receives the
companion measure from the House of Representatives, the
companion measure shall not be debatable.
(4) Consideration after passage.--If the President vetoes
the joint resolution, consideration of a veto message in the
Senate under this paragraph shall be not more than 10 hours
equally divided between the majority and minority leaders or
their designees.
(e) Rules of Senate and House of Representatives.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and to supersede
other rules only to the extent that it is inconsistent with
such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
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