119-hr3058

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3058 Introduced in House

    (IH) ]

<DOC>

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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