[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2378 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2378

 To require reductions in the direct cost of Federal regulations that 
    are proportional to the amount of increases in the debt ceiling.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2019

 Mr. Gardner (for himself and Mr. Lee) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require reductions in the direct cost of Federal regulations that 
    are proportional to the amount of increases in the debt ceiling.

    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 ``Reducing Excessive Government Act of 
2019'' or the ``REG Act''.

SEC. 2. REDUCING EXCESSIVE GOVERNMENT.

    (a) Definitions.--In this section--
            (1) the term ``agency'' has the meaning given the term 
        ``Executive agency'' under section 105 of title 5, United 
        States Code;
            (2) the term ``amount of the increase in the debt limit'' 
        means--
                    (A) the dollar amount of the increase in the debt 
                limit specified in the Act increasing the debt limit; 
                or
                    (B) in the case of an Act that provides that the 
                debt limit shall not apply for a period and that the 
                amount of the debt limit is increased at the end of 
                such period, the amount by which the Secretary of the 
                Treasury estimates the debt limit shall be increased at 
                the end of the period of the suspension, which the 
                Secretary shall submit to Congress on the date of 
                enactment of such an Act;
            (3) the term ``debt limit'' means the limitation imposed by 
        section 3101(b) of title 31, United States Code;
            (4) the term ``direct cost of Federal regulation'' means 
        all costs incurred by, and expenditures required of, the 
        Federal Government in issuing and enforcing Federal 
        regulations, rules, statements, and legislation;
            (5) the term ``joint resolution'' means a joint 
        resolution--
                    (A) reported by the Committee on the Budget of the 
                Senate or the House of Representatives in accordance 
                with subsection (d)(3);
                    (B) which does not have a preamble;
                    (C) the title of which is as follows: ``Joint 
                resolution relating to repeal of costly rules''; and
                    (D) the matter after the resolving clause of which 
                is as follows: ``That the following rules shall have no 
                force or effect: _______.'', the blank space being 
                filled in with the list of major rules recommended to 
                be repealed under subsection (d) by the committees of 
                the House in which the joint resolution is reported; 
                and
            (6) the term ``major rule'' means any rule that has 
        resulted in or is likely to result in--
                    (A) an annual effect on the economy of $100,000,000 
                or more;
                    (B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    (C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.
    (b) Reductions in Regulatory Cost.--Not later than 60 days after 
the date on which the debt limit is increased or a suspension of the 
debt limit takes effect, Congress shall consider, in accordance with 
the rules under subsection (e), legislation eliminating rules that 
results in a reduction of the direct cost of Federal regulation during 
the 10-fiscal-year period beginning with the next full fiscal year by 
not less than 15 percent of the amount of the increase in the debt 
limit.
    (c) Action by Agencies.--
            (1) Identification of major rules.--If the amount of the 
        debt limit is increased or a suspension of the debt limit takes 
        effect, each agency shall submit to the Senate, the House of 
        Representatives, and the Comptroller General of the United 
        States a report identifying each major rule of the agency, as 
        determined by the head of the agency.
            (2) Certification by gao.--After receipt of all reports 
        required under paragraph (1), the Comptroller General of the 
        United States shall submit to the Senate and the House of 
        Representatives a report evaluating whether agencies 
        appropriately identified major rules under paragraph (1), 
        including whether the agencies identified major rules in 
        accordance with Office of Management and Budget Circular A-4, 
        or any successor thereto.
    (d) Action by Committees.--
            (1) In general.--Each committee of the Senate and the House 
        of Representatives shall submit to the Committee on the Budget 
        of its House a list of the major rules that--
                    (A) are within the jurisdiction of the committee, 
                which may include major rules identified in the report 
                of an agency under subsection (c)(1); and
                    (B) the committee recommends should be repealed.
            (2) Considerations.--In determining whether to recommend 
        repealing major rules within its jurisdiction, a committee of 
        the Senate or the House of Representatives shall consider--
                    (A) whether the major rule achieved, or has been 
                ineffective in achieving, the original purpose of the 
                major rule;
                    (B) any adverse effects that could materialize if 
                the major rule is repealed, in particular if those 
                adverse effects are the reason the major rule was 
                originally enacted;
                    (C) whether the costs of the major rule outweigh 
                any benefits of the major rule to the United States;
                    (D) whether the major rule has become obsolete due 
                to changes in technology, economic conditions, market 
                practices, or any other factors; and
                    (E) whether the major rule overlaps with another 
                rule.
            (3) Combining of recommendations.--The Committee on the 
        Budget of the Senate and the Committee on the Budget of the 
        House of Representatives, upon receiving recommendations from 
        all relevant committees under paragraph (1), shall report to 
        its House a joint resolution carrying out all such 
        recommendations without any substantive revision.
    (e) Expedited Procedures.--
            (1) Consideration in house of representatives.--
                    (A) Placement on calendar.--Upon a joint resolution 
                being reported by the Committee on the Budget of the 
                House of Representatives, or upon receipt of a joint 
                resolution from the Senate, the joint resolution shall 
                be placed immediately on the calendar.
                    (B) Proceeding to consideration.--
                            (i) In general.--It shall be in order, not 
                        later than 60 days after the date on which the 
                        debt limit is increased or a suspension of the 
                        debt limit takes effect, to move to proceed to 
                        consider a joint resolution in the House of 
                        Representatives.
                            (ii) Procedure.--For a motion to proceed to 
                        consider 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 to 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.
                    (C) Consideration.--The House of Representatives 
                shall establish rules for consideration of a joint 
                resolution in the House of Representatives.
            (2) Expedited consideration in senate.--In the Senate:
                    (A) Placement on calendar.--Upon a joint resolution 
                being reported by the Committee on the Budget of the 
                Senate, or upon receipt of a joint resolution from the 
                House of Representatives, the joint resolution shall be 
                placed immediately on the calendar.
                    (B) Motion to proceed.--
                            (i) Timing.--A motion to proceed to a joint 
                        resolution is in order at any time after the 
                        resolution is placed on the calendar.
                            (ii) Motion by any senator.--Any Senator 
                        may move to proceed to a joint resolution.
                            (iii) Privilege.--A motion to proceed to 
                        the consideration of the joint resolution is 
                        privileged, except that this clause shall apply 
                        only to a motion to proceed to a joint 
                        resolution reported by the Committee on the 
                        Budget under subsection (d) or to the first 
                        joint resolution placed on the calendar after 
                        passage in the House of Representatives.
                            (iv) Debate.--Debate on a motion to proceed 
                        to a joint resolution is limited to not more 
                        than 5 hours, equally divided between Senators 
                        favoring and Senators opposing the resolution.
                            (v) Motion not amendable.--The motion to 
                        proceed to the joint resolution is not 
                        amendable. A motion to reconsider is not in 
                        order. A motion to table is not in order.
                            (vi) Other motions not in order.--After a 
                        motion to proceed to a joint resolution is 
                        agreed to, motions to postpone or to consider 
                        other business are not in order.
                    (C) Motions and appeals.--All motions and appeals 
                relating to a joint resolution shall be decided by the 
                Senate without debate.
                    (D) Floor consideration generally.--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 amendments thereto and 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 to postpone or a motion to 
                        commit the joint resolution is not in order; 
                        and
                            (iv) a motion to proceed to the 
                        consideration of other business is not in 
                        order.
                    (E) Requirements for amendments.--
                            (i) In general.--No amendment that is not 
                        germane to the provisions of a joint resolution 
                        shall be considered.
                            (ii) Repeal of major rules.--
                        Notwithstanding clause (i) or any other rule, 
                        an amendment or series of amendments to a joint 
                        resolution shall always be in order if such 
                        amendment or series of amendments proposes to 
                        repeal a major rule that would result in a 
                        decrease in the direct cost of Federal 
                        regulation during the 10-fiscal-year period 
                        beginning with the next full fiscal year.
                    (F) 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.
                    (G) Rulings of the chair on procedure.--Appeals 
                from the decisions of the Chair relating to the 
                application of this subsection or the rules of the 
                Senate, as the case may be, to the procedure relating 
                to a joint resolution shall be decided without debate.
            (3) Consideration after passage.--
                    (A) In general.--If Congress passes a joint 
                resolution, the period beginning on the date the 
                President is presented with the joint resolution and 
                ending on the date the President takes action with 
                respect to the joint resolution shall be disregarded in 
                computing the period described in subsection (g).
                    (B) Vetoes.--If the President vetoes the joint 
                resolution--
                            (i) the period beginning on the date the 
                        President vetoes the joint resolution and 
                        ending on the date Congress receives the veto 
                        message with respect to the joint resolution 
                        shall be disregarded in computing the period 
                        described in subsection (g); and
                            (ii) consideration of a veto message in the 
                        Senate under this section shall be not more 
                        than 2 hours equally divided between the 
                        majority and minority leaders or their 
                        designees.
            (4) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    (A) 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 supersede other rules only to the 
                extent that they are inconsistent with such rules; and
                    (B) 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.
    (f) Effect of Joint Resolution.--
            (1) In general.--A major rule shall cease to have force or 
        effect if Congress enacts a joint resolution repealing the 
        major rule.
            (2) Limitation on subsequent rulemaking.--A rule that 
        ceases to have force or effect under paragraph (1) may not be 
        reissued in substantially the same form, and a new rule that is 
        substantially the same as such a rule may not be issued, unless 
        the reissued or new rule is specifically authorized by a law 
        enacted after the date of enactment of the joint resolution 
        repealing the original rule.
    (g) Failure To Enact Reductions in Spending.--
            (1) Determination.--On the date that is 61 days after the 
        date on which the debt limit is increased or a suspension of 
        the debt limit takes effect, the Director of the Office of 
        Management and Budget shall determine whether legislation has 
        been enacted eliminating rules that reduces the direct cost of 
        Federal regulation during the 10-fiscal-year period described 
        in subsection (b)(1) by not less than 15 percent of the amount 
        of the increase in the debt limit.
            (2) Insufficient reductions.--If the Director of the Office 
        of Management and Budget determines that legislation has not 
        been enacted that eliminates rules that reduces the direct cost 
        of Federal regulation during the 10-fiscal-year period 
        described in subsection (b)(1) by not less than 15 percent of 
        the amount of the increase in the debt limit, effective on the 
        date of the determination, the limitation in section 3101(b) of 
        title 31, United States Code, shall be equal to the sum of the 
        face amount of obligations issued under chapter 31 of title 31, 
        United States Code, and the face amount of obligations whose 
        principal and interest are guaranteed by the United States 
        Government (except guaranteed obligations held by the Secretary 
        of the Treasury) outstanding on the date of the determination.
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