[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 40 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
S. CON. RES. 40

 Establishing new congressional oversight to address regulatory reform.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2024

Mr. Rounds (for himself, Mr. Crapo, Ms. Lummis, Mr. Manchin, Mr. Risch, 
    Mr. Schmitt, and Mr. Daines) submitted the following concurrent 
     resolution; which was referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Establishing new congressional oversight to address regulatory reform.

Whereas there are more than 3,000 final rules issued every year by more than 50 
        Federal agencies;
Whereas a rule is defined in section 551 of title 5, United States Code, as 
        ``the whole or part of an agency statement of general or particular 
        applicability and future effect designed to implement, interpret, or 
        prescribe law or policy'';
Whereas subchapter II of chapter 5, and chapter 7, of title 5, United States 
        Code (commonly known as the ``Administrative Procedure Act'') 
        established standards for the issuance of rules using formal rulemaking 
        and informal rulemaking procedures;
Whereas informal rulemaking, also known as ``notice and comment'' rulemaking or 
        ``section 553'' rulemaking, is the most common type of rulemaking;
Whereas, in rulemaking proceedings, formal hearings must be held and interested 
        parties must be given the chance to comment on the proposed rule or 
        regulation, and once adopted, the rule or regulation is required to be 
        published in the Federal Register;
Whereas, according to the 2023 Ten Thousand Commandments report by the 
        Competitive Enterprise Institute, the top 5 Federal rulemaking agencies 
        (which, in 2022, were the Department of the Interior, the Department of 
        the Treasury, the Department of Transportation, the Department of 
        Commerce, and the Department of Health and Human Services) account for 
        41 percent of all Federal rules;
Whereas chapter 8 of title 5, United States Code (commonly known as the 
        ``Congressional Review Act'') established a mechanism through which 
        Congress could overturn Federal regulations by enacting a joint 
        resolution of disapproval;
Whereas the Congressional Review Act requires that rules that have a 
        $100,000,000 effect or more on the economy are submitted by agencies to 
        both Houses of Congress and the Government Accountability Office and 
        have a delayed effective date of not less than 60 days to pass a 
        resolution of disapproval rejecting the rule, which must be approved by 
        the President; and
Whereas, since the enactment of the Congressional Review Act in 1996, the 
        procedures under the Act have been used 20 times to overturn a rule: 
        Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring),

SECTION 1. SHORT TITLE.

    This resolution may be cited as the ``Regulation Sensibility 
Through Oversight Restoration Resolution of 2024'' or the ``RESTORE 
Resolution of 2024''.

SEC. 2. JOINT SELECT COMMITTEE ON REGULATORY REFORM.

    There is established a joint select committee to be known as the 
Joint Select Committee on Regulatory Reform (hereinafter in this 
concurrent resolution referred to as the ``Joint Select Committee'').

SEC. 3. DUTIES OF JOINT SELECT COMMITTEE.

    (a) Definitions.--In this section, the terms ``agency'' and 
``rule'' have the meanings given those terms in section 551 of title 5, 
United States Code.
    (b) Duties.--The Joint Select Committee shall--
            (1) conduct a systematic review of the process by which 
        rules are promulgated by agencies;
            (2) hold hearings on the effects of and how to reduce 
        regulatory overreach in all sectors of the economy;
            (3) conduct a review of the Code of Federal Regulations to 
        identify rules and sets of rules that should be repealed; and
            (4) submit to the Senate and the House of Representatives--
                    (A) recommendations for legislation--
                            (i) to create a process under which an 
                        agency, before promulgating a rule, shall--
                                    (I) seek advice from Congress;
                                    (II) publish the proposed rule;
                                    (III) hold a public comment period 
                                on the proposed rule;
                                    (IV) seek advice from Congress 
                                based on the public comments; and
                                    (V) hold issuance of the rule until 
                                Congress can review the rule for a 
                                period of not more than 1 year; and
                            (ii) to create a process to appropriately 
                        sunset as many rules as possible;
                    (B) recommendations for ways to reduce the 
                financial burden placed on the various sectors of the 
                economy in order to comply with rules;
                    (C) an analysis of the feasibility of the creation 
                of a permanent Joint Committee on Rules Review in 
                accordance with subsection (c);
                    (D) an analysis of the feasibility of requiring 
                each agency to submit each proposed rule of the agency 
                to the appropriate committees of Congress for review in 
                a similar manner as set forth for a permanent Joint 
                Committee on Rules Review under subsection (c); and
                    (E) a list of rules and sets of rules that the 
                Joint Select Committee recommends should be repealed.
    (c) Analysis of Permanent Joint Committee on Rules Review.--The 
Joint Select Committee shall analyze the feasibility of the creation of 
a permanent Joint Committee on Rules Review. The Joint Committee on 
Rules Review would--
            (1) review each proposed rule that an agency determines is 
        likely to have an annual effect on the economy of $50,000,000 
        or more before the agency promulgates the final rule;
            (2) require each agency to submit to the Committee--
                    (A) the text of each proposed rule of the agency 
                described in paragraph (1); and
                    (B) an analysis of the economic impact of the rule 
                on the economy;
            (3) require each agency to revise a proposed rule submitted 
        under paragraph (2) if the Committee determines that the 
        proposed rule--
                    (A) needs to be significantly rewritten to 
                accomplish the intent of the agency or address the 
                recommendations or objections of the Committee;
                    (B) is not a valid exercise of delegated authority 
                from Congress;
                    (C) is not in proper form;
                    (D) is inconsistent with the intent of Congress 
                with respect to the provision of law that the proposed 
                rule implements; or
                    (E) is not a reasonable implementation of the law;
            (4) delay the effective date of a proposed rule for a 
        period of not more than 1 year beginning on the date on which 
        the agency submits the proposed rule under paragraph (2);
            (5) allow an agency to promulgate a final rule without any 
        delay in the effective date of the rule if the agency 
        designates the rule as an emergency rule, unless the Committee 
        by majority vote determines that the rule is not an emergency 
        rule; and
            (6) if applicable, recommend that Congress should overturn 
        a final rule promulgated by an agency by enacting a joint 
        resolution of disapproval.

SEC. 4. COMPOSITION OF JOINT SELECT COMMITTEE.

    (a) Membership.--
            (1) In general.--The Joint Select Committee shall be 
        composed of 30 members, of whom--
                    (A) 15 shall be appointed by the majority and the 
                minority leaders of the Senate from among Members of 
                the Senate in a manner that reflects the ratio of the 
                number of Members of the Senate from the majority party 
                to the number of Members of the Senate from the 
                minority party on the date of enactment of this Act; 
                and
                    (B) 15 shall be appointed by the Speaker and the 
                minority leader of the House of Representatives among 
                Members of the House of Representatives in a manner 
                that reflects the ratio of the number of members of the 
                House of Representatives from the majority party to the 
                number of Members of the House of Representatives from 
                the minority party on the date of enactment of this 
                Act.
            (2) Date.--The appointments of the members of the Joint 
        Select Committee shall be made not later than 30 days after the 
        date of adoption of this concurrent resolution.
    (b) Vacancies.--Any vacancy in the Joint Select Committee shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (c) Chairperson and Vice Chairperson.--
            (1) Chairperson.--The members of the Joint Select Committee 
        shall elect a Chairperson for the Joint Select Committee by 
        majority vote from each of--
                    (A) the members of the majority party of the 
                Senate; and
                    (B) the members of the majority party of the House 
                of Representatives.
            (2) Vice chairperson.--The members of the Joint Select 
        Committee shall elect a Vice Chairperson for the Joint Select 
        Committee by majority vote from each of--
                    (A) the members of the minority party of the 
                Senate; and
                    (B) the members of the minority party of the House 
                of Representatives.
    (d) Quorum.--A majority of the members of the Joint Select 
Committee each from the Senate and the House of Representatives shall 
constitute a quorum for the purpose of conducting the business of the 
Joint Select Committee.

SEC. 5. RULES AND PROCEDURES.

    (a) Governance Under Standing Rules of the Senate.--Except as 
otherwise specifically provided in this resolution, the investigations 
and hearings conducted by the Joint Select Committee shall be governed 
by the Standing Rules of the Senate.
    (b) Additional Rules and Procedures.--The Joint Select Committee 
may adopt such additional rules or procedures if the Chairperson and 
Vice Chairperson agree, or if the Joint Select Committee by majority 
vote so decides, that such additional rules or procedures are necessary 
or advisable to conduct the duties of the Joint Select Committee.

SEC. 6. AUTHORITY OF JOINT SELECT COMMITTEE.

    (a) In General.--The Joint Select Committee may exercise all of the 
powers and responsibilities of a committee under rule XXVI of the 
Standing Rules of the Senate.
    (b) Powers.--The Joint Select Committee may, for the purpose of 
carrying out this resolution--
            (1) hold such hearings, sit and act at such times and 
        places, take such testimony, receive such evidence, and 
        administer such oaths as the Joint Select Committee considers 
        advisable; and
            (2) authorize and require, by issuance of subpoena or 
        otherwise, the attendance and testimony of witnesses and the 
        preservation and production of books, records, correspondence, 
        memoranda, papers, documents, tapes, and any other materials in 
        whatever form the Joint Select Committee considers advisable.
    (c) Subpoenas.--Subpoenas authorized by the Joint Select 
Committee--
            (1) may be issued with the joint concurrence of the 
        Chairperson and Vice Chairperson;
            (2) shall bear the signature of the Chairperson and Vice 
        Chairperson, or the designee of the Chairperson or Vice 
        Chairperson; and
            (3) shall be served by any person or class of persons 
        designated by the Chairperson and Vice Chairperson for that 
        purpose anywhere within or without the borders of the United 
        States to the full extent provided by law.
    (d) Access to Information.--The Joint Select Committee shall have, 
to the fullest extent permitted by law, access to any such information 
or materials obtained by any other department or agency of the Federal 
Government or by any other governmental department, agency, or body 
investigating the matters described in section 3(b).
    (e) Cooperation of Other Committees.--In carrying out the duties of 
the Joint Select Committee, the Joint Select Committee may obtain the 
input and cooperation of any other standing committee of the Senate or 
the House of Representatives.

SEC. 7. REPORTS.

    (a) In General.--Not later than 90 days after the date on which the 
Joint Select Committee terminates, the Joint Select Committee shall 
submit to the Senate and the House of Representatives a report, which 
shall contain--
            (1) the results and findings of the reviews and hearings 
        carried out by the Joint Select Committee pursuant to this 
        resolution; and
            (2) any information required to be submitted under section 
        3(b)(4).
    (b) Interim Reports.--The Joint Select Committee may submit to the 
Senate and the House of Representatives such interim reports as the 
Joint Select Committee considers appropriate.

SEC. 8. ADMINISTRATIVE PROVISIONS.

    (a) Staff.--
            (1) In general.--The Joint Select Committee may employ, in 
        accordance with paragraph (2), a staff composed of such 
        clerical, investigatory, legal, technical, and other personnel 
        as the Joint Select Committee considers necessary or 
        appropriate.
            (2) Appointment of staff.--
                    (A) In general.--The Joint Select Committee shall 
                appoint a staff for the majority, a staff for the 
                minority, and a nondesignated staff.
                    (B) Majority staff.--The majority staff shall be 
                appointed, and may be removed, by the Chairperson and 
                shall work under the general supervision and direction 
                of the Chairperson.
                    (C) Minority staff.--The minority staff shall be 
                appointed, and may be removed, by the Vice Chairperson 
                and shall work under the general supervision and 
                direction of the Vice Chairperson.
                    (D) Nondesignated staff.--Nondesignated staff shall 
                be appointed, and may be removed, jointly by the 
                Chairperson and Vice Chairperson, and shall work under 
                the joint general supervision and direction of the 
                Chairperson and Vice Chairperson.
    (b) Compensation.--
            (1) Majority staff.--The Chairperson shall fix the 
        compensation of all personnel of the majority staff of the 
        Joint Select Committee.
            (2) Minority staff.--The Vice Chairperson shall fix the 
        compensation of all personnel of the minority staff of the 
        Joint Select Committee.
            (3) Nondesignated staff.--The Chairperson and Vice 
        Chairperson shall jointly fix the compensation of all 
        nondesignated staff of the Joint Select Committee.
            (4) Pay and benefits.--All employees of the Joint Select 
        Committee shall be treated as employees of the Senate for 
        purposes of disbursing pay and processing benefits.
    (c) Facilities.--The Joint Select Committee may use, with the prior 
consent of the chair of any other committee of the Senate or the House 
of Representatives or the chair of any subcommittee of any committee of 
the Senate or the House of Representatives, the facilities of any other 
committee of the Senate or the House of Representatives, whenever the 
Joint Select Committee or the Chairperson and Vice Chairperson consider 
that such action is necessary or appropriate to enable the Joint Select 
Committee to carry out the responsibilities, duties, or functions of 
the Joint Select Committee under this resolution.
    (d) Detail of Employees.--The Joint Select Committee may use on a 
reimbursable basis, with the prior consent of the head of the 
department or agency of the Federal Government concerned and the 
approval of the Committee on Rules and Administration of the Senate, 
the services of personnel of the department or agency.
    (e) Temporary and Intermittent Services.--The Joint Select 
Committee may procure the temporary or intermittent services of 
individual consultants or organizations.
    (f) Ethics.--The Joint Select Committee shall establish ethical 
rules for the members and employees of the Joint Select Committee, 
which shall, to the extent practicable, be comparable to the ethical 
rules that apply to employees of the Senate.
    (g) Authorization of Appropriations.--For the expenses of the Joint 
Select Committee, there are authorized to be appropriated $3,000,000 
for fiscal year 2025, to remain available until expended.

SEC. 9. EFFECTIVE DATE; TERMINATION.

    (a) Effective Date.--This resolution shall take effect on the date 
of adoption of this concurrent resolution.
    (b) Termination.--The Joint Select Committee shall terminate on the 
date that is 1 year after the appointment of the members of the Joint 
Select Committee.
    (c) Disposition of Records.--Upon termination of the Joint Select 
Committee, the records of the Joint Select Committee shall become the 
records of any committee or committees designated by the majority 
leader of the Senate and the Speaker of the House of Representatives, 
with the concurrence of the minority leader of the Senate and the House 
of Representatives.
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