[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4196 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4196

 To modify, consolidate, or repeal unnecessary agency major rules, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 2, 2020

 Mr. Scott of Florida (for himself, Mr. Hawley, Mr. Enzi, Mr. Perdue, 
Mr. Tillis, Mr. Cotton, and Mr. Daines) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To modify, 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''.

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                    (A) can be modified, consolidated, or repealed to 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 modify, 
        consolidate, or repeal 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.--The Administrator shall, on an annual 
        basis and in consultation with each agency--
                    (A) compile a list that identifies all planned 
                agency major rules or sets of major rules for the 
                period covered by the submission;
                    (B) identify agency major rules or sets of major 
                rules described in subparagraph (A) that are 
                duplicative or burdensome; and
                    (C) consult with the congressional committees with 
                jurisdiction over the major rules or sets of major 
                rules identified under subparagraph (B) to determine 
                whether those major rules or sets of major rules would 
                no longer be useful and could be modified, 
                consolidated, or repealed.
            (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 duplicative or outdated; and
                            (iii) determine how any duplicative or 
                        outdated major rules or sets of major rules 
                        identified in clause (ii) should be modified, 
                        consolidated, or repealed.
            (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 outdated, duplicative, or 
                        burdensome; 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 
                        recommends should be modified, consolidated, or 
                        repealed.
                    (B) Required percentage.--The list of major rules 
                or sets of major rules identified as outdated, 
                duplicative, or burdensome under subparagraph (A)(i) 
                shall be not less than 10 percent of all major rules 
                and sets of major rules identified under paragraphs 
                (1)(B) and (2)(B)(ii).
    (b) Criteria for Review.--In identifying major rules or sets of 
major rules that are outdated, duplicative, or burdensome 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 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 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 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 the 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 modified, 
        consolidated, or repealed; and
            (2) issue a recommendation to modify, consolidate, or 
        repeal 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 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 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 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.
    (c) 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.
    (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 House of Representatives and Senate.--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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