[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3058 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3058
To amend chapter 8 of title 5, United States Code, to provide for
additional congressional review of agency rulemaking, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 29, 2025
Mrs. Cammack introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Rules,
for a period to be subsequently 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 for
additional congressional review of agency rulemaking, 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 ``Reclaim the Reins Act''.
SEC. 2. REVIEW OF AGENCY RULEMAKING.
(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated:
(1) To the Director of the Office of Management and Budget
for fiscal year 2025, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available
through September 30, 2034, to carry out this section and the
amendments made by this section.
(2) To the Comptroller General of the United States for
fiscal year 2025, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available
through September 30, 2034, to carry out this section and the
amendments made by this section.
(b) Use of Funds.--
(1) Office of management and budget.--The Director of the
Office of Management and Budget shall use amounts made
available under subsection (a)(1) to pay expenses associated
with implementing the requirements of subsections (c) and (d).
(2) Comptroller general.--The Comptroller General of the
United States shall use amounts made available under subsection
(a)(2) to pay expenses associated with implementing the
requirements of subsection (e).
(c) Congressional Review of Agency Rulemaking.--
(1) Chapter 8 of title 5, United States Code, is amended by
inserting at the end the following:
``Sec. 809. Additional reporting requirements
``(a) Agency Reports.--In the case of any rule for which a report
is submitted under section 801(a)(1)(A) the agency shall also include
in such report--
``(1) an estimate of the budgetary effects associated with
the enactment and enforcement of the rule;
``(2) an analysis of the direct and reasonably foreseeable
indirect costs associated with the rule;
``(3) an analysis of any jobs added or lost within each
affected industry, as identified by North American Industrial
Classification System code, differentiating between public and
private sector jobs, as a direct or indirect result of the
rule;
``(4) a determination, by the Administrator of the Office
of Information and Regulatory Affairs of the Office of
Management and Budget, of whether the rule is a major or
nonmajor rule, including an explanation of the finding
specifically addressing each criteria for a major rule
contained within subparagraphs (A) through (C) of section
804(2);
``(5) a list of information on which the rule is based,
including data, scientific and economic studies, and cost-
benefit analyses;
``(6) a list of any other related regulatory actions that
implement the same statutory provision or regulatory objective
as well as the estimated economic effects of those actions;
``(7) an estimate of the effect on inflation of the rule;
and
``(8) a statement of the constitutional authority
authorizing the agency to make the rule.
``(b) Comptroller General Reports.--If requested in writing by a
Member of Congress--
``(1) the Comptroller General of the United States shall
make a determination whether an agency action qualifies as a
rule for purposes of this chapter, and shall submit to Congress
this determination not later than 60 days after the date of the
request; and
``(2) the Comptroller General, in consultation with the
Director of the Congressional Budget Office, shall make a
determination whether a rule is considered a major rule for
purposes of this chapter, and shall submit to Congress this
determination not later than 90 days after the date of the
request.
``(c) Determination.--For purposes of this section, a determination
under this subsection (b) shall be deemed to be a report under section
801(a)(1)(A).
``Sec. 810. Approval of certain major rules
``(a) Approval Required.--Notwithstanding any other provision of
this chapter, a major rule that increases revenues, as determined in
section 809(a), shall not take effect unless Congress enacts a joint
resolution of approval described in subsection (c).
``(b) Effect.--If a joint resolution of approval relating to a
major rule that increases revenue is not enacted into law by the end of
60 session days or legislative days, as applicable, beginning on the
date on which the report referred to in section 801(a)(1)(A) is
received by Congress (excluding days either House of Congress is
adjourned for more than 3 days during a session of Congress), then the
rule described in that resolution shall be deemed not to be approved
and such rule shall not take effect.
``(c) Resolution of Approval.--Section 802 shall apply to a joint
resolution of approval under this section to the same extent as it does
to a joint resolution of disapproval, except that the matter after the
resolving clause of a joint resolution of approval shall be as follows:
`That Congress approves the rule submitted by the _____ relating to
_____.' (The blank spaces being appropriately filled in).
``(d) Rulemaking Authority.--The enactment of a joint resolution of
approval under this section shall not be interpreted to serve as a
grant or modification of statutory authority by Congress for the
promulgation of a rule, shall not extinguish or affect any claim,
whether substantive or procedural, against any alleged defect in a rule
or the rulemaking process, and shall not form part of the record before
the court in any judicial proceeding concerning a rule except for
purposes of determining whether or not the rule is in effect.
``(e) Judicial Review.--Notwithstanding section 805, a court may
determine whether a Federal agency has completed the necessary
requirements under this chapter for a rule to take effect.
``Sec. 811. Additional review of rules
``(a) Additional Review.--In addition to the opportunity for review
otherwise provided under this chapter, notwithstanding any other
provision under this chapter, in the case of any rule for which a
report is submitted under section 801(a)(1)(A) which increases revenue
as determined under section 809(a) and which was submitted during the
final year of a President's term, the procedures described in section
802 shall apply to such rule in the succeeding session of Congress, and
a joint resolution may contain one or more such rules.
``(b) Resolution of Disapproval.--In the case of such a resolution
containing one or more such rules under this section, the matter after
the resolving clause shall be as follows: `That Congress disapproves
the following rules: the rule submitted by the __ relating to __; and
the rule submitted by the __ relating to __. Such rules shall have no
force or effect.' (The blank spaces being appropriately filled in and
additional clauses describing additional rules to be included as
necessary).
``Sec. 812. Review of rules currently in effect
``(a) Annual Review.--Beginning on the date that is 6 months after
the date of enactment of this section and annually thereafter for the 4
years following, each agency shall designate not less than 20 percent
of eligible rules made by that agency for review, and shall submit a
report including each such eligible rule in the same manner as a report
under section 801(a)(1). Sections 801, 802, 809, 810, and 811 shall
apply to each such rule, subject to subsection (c) of this section. No
eligible rule previously designated may be designated again.
``(b) Sunset for Eligible Rules Not Extended.--Beginning after the
date that is 5 years after the date of enactment of this section, if
Congress has not enacted a joint resolution of approval for that
eligible rule, that eligible rule shall not continue in effect.
``(c) Approval of Rules.--
``(1) Unless Congress approves all eligible rules
designated by executive agencies for review within 90 days
after designation, they shall have no effect and the Federal
agency which originally promulgated such rules may not enforce
such rules.
``(2) A single joint resolution of approval shall apply to
all eligible rules in a report designated for a year as
follows: `That Congress approves the rules submitted by the___
for the year ___.' (The blank spaces being appropriately filled
in).
``(3) A member of either House may move that a separate
joint resolution be required for a specified rule.
``(d) Definition.--In this section the term `eligible rule' means a
rule that is in effect as of the date of enactment of this section.''.
(2) The table of chapters for chapter 8 of title 5, United
States Code, is amended by inserting after the item relating to
section 808 the following:
``809. Additional reporting requirements.
``810. Approval of certain major rules.
``811. Additional review of rules.
``812. Review of rules currently in effect.''.
(d) Technical and Conforming Amendments.--Chapter 8 of title 5,
United States Code, is amended--
(1) in section 801(a)(3)--
(A) in subparagraph (B)(ii), by striking ``or'' at
the end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; or''; and
(C) by inserting at the end the following:
``(D) in the case of a major rule that increases
revenue, such rule shall not take effect unless
Congress passes a joint resolution of approval
described in section 810.''; and
(2) in section 804, by amending paragraph (3) to read as
follows:
``(3) The term `rule' has the meaning given such term in
section 551, except that such term--
``(A) includes interpretative rules, general
statements of policy, and all other agency guidance
documents; and
``(B) does not include--
``(i) any rule of particular applicability,
including a rule that approves or prescribes
for the future rates, wages, prices, services,
or allowances therefore, corporate or financial
structures, reorganizations, mergers, or
acquisitions thereof, or accounting practices
or disclosures bearing on any of the foregoing;
``(ii) any rule relating to agency
management or personnel; or
``(iii) any rule of agency organization,
procedure, or practice that does not
substantially affect the rights or obligations
of nonagency parties.''.
(e) Government Accountability Office Study of Rules.--
(1) In general.--The Comptroller General of the United
States shall conduct a study to determine, as of the date of
the enactment of this section--
(A) how many rules (as such term is defined in
section 804 of title 5, United States Code) were in
effect;
(B) how many major rules (as such term is defined
in section 804 of title 5, United States Code) were in
effect; and
(C) the total estimated economic cost imposed by
all such rules.
(2) Report.--Not later than 1 year after the date of the
enactment of this section, the Comptroller General of the
United States shall submit a report (and publish the report on
the website of the Comptroller General) to Congress that
contains the findings of the study conducted under subsection
(e).
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