Regulation Sensibility Through Oversight Restoration Resolution of 2015 or the RESTORE Resolution of 2015
Establishes the Joint Select Committee on Regulatory Reform to:
Requires the Joint Select Committee to recommend to Congress legislation to create processes: (1) under which an agency, before promulgating a rule, shall seek advice from Congress and take other specified actions; and (2) to appropriately sunset as many rules as possible.
Requires the Joint Select Committee also to submit to Congress:
Requires the Joint Committee on Rules Review, if established, to review each proposed rule that an agency determines is likely to have an annual effect on the economy of $50 million or more before the agency promulgates the final rule.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 67 Introduced in House (IH)]
114th CONGRESS
1st Session
H. CON. RES. 67
Establishing a joint select committee to address regulatory reform.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2015
Mr. Bishop of Michigan (for himself, Mr. Peterson, Mrs. Noem, Mr.
Moolenaar, and Mr. Poliquin) submitted the following concurrent
resolution; which was referred to the Committee on Rules
_______________________________________________________________________
CONCURRENT RESOLUTION
Establishing a joint select committee to address regulatory reform.
Whereas there are more than 3,500 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 a 2005 study commissioned by the Small Business
Administration, the cost of all rules in effect was approximately
$1,100,000,000,000 per year, more than the people of the United States
paid in Federal income taxes in 2009;
Whereas, according to the 2014 Ten Thousand Commandments report by the
Competitive Enterprise Institute, the top 6 Federal rulemaking agencies
(which, in 2013, were the Departments of the Treasury, Commerce, the
Interior, Health and Human Services, and Transportation and the
Environmental Protection Agency) account for 49.3 percent of all Federal
rules;
Whereas, according to the 2014 Ten Thousand Commandments report by the
Competitive Enterprise Institute, small businesses pay more in per-
employee regulatory costs, and firms with fewer than 20 employees pay an
average of $10,585 per employee, compared to $7,755 for those with 500
or more employees;
Whereas, according to the 2014 Ten Thousand Commandments report by the
Competitive Enterprise Institute, regulatory costs amount to an average
of $14,974 per household, which is 23 percent of the average household
income of $65,596 and 29 percent of the expenditure budget of $51,442;
Whereas, according to a 2011 study by the Weidenbaum Center at Washington
University, it is estimated that the budgetary cost of administering and
enforcing Federal regulations by Federal agencies for fiscal year 2012
amounted to more than $57 billion (in 2005 dollars), which represents a
10.5-percent increase in 2 years;
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 one time to overturn a rule:
Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring),
SECTION 1. SHORT TITLE.
This resolution may be cited as the ``Regulation Sensibility
Through Oversight Restoration Resolution of 2015'' or the ``RESTORE
Resolution of 2015''.
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 2016, 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Rules.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line