II 

115TH CONGRESS 

1ST SESSION S. 634 

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 

MARCH 15, 2017 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reducing Excessive 

5 Government Act of 2017’’ or the ‘‘REG Act’’. 

6 SEC. 2. REDUCING EXCESSIVE GOVERNMENT. 

7 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘agency’’ has the meaning given 

2 the term ‘‘Executive agency’’ under section 105 of 

3 title 5, United States Code; 

4 (2) the term ‘‘amount of the increase in the 

5 debt limit’’ means— 

6 (A) the dollar amount of the increase in 

7 the debt limit specified in the Act increasing 

8 the debt limit; or 

9 (B) in the case of an Act that provides 

10 that the debt limit shall not apply for a period 

11 and that the amount of the debt limit is in12 creased at the end of such period, the amount 

13 by which the Secretary of the Treasury esti14 mates the debt limit shall be increased at the 

15 end of the period of the suspension, which the 

16 Secretary shall submit to Congress on the date 

17 of enactment of such an Act; 

18 (3) the term ‘‘debt limit’’ means the limitation 

19 imposed by section 3101(b) of title 31, United 

20 States Code; 

21 (4) the term ‘‘direct cost of Federal regulation’’ 

22 means all costs incurred by, and expenditures re23 quired of, the Federal Government in issuing and 

24 enforcing Federal regulations, rules, statements, and 

25 legislation; 


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1 (5) the term ‘‘joint resolution’’ means a joint 

2 resolution— 

3 (A) reported by the Committee on the 

4 Budget of the Senate or the House of Rep5 resentatives in accordance with subsection 

6 (d)(3); 

7 (B) which does not have a preamble; 

8 (C) the title of which is as follows: ‘‘Joint 

9 resolution relating to repeal of costly rules.’’; 

10 and 

11 (D) the matter after the resolving clause of 

12 which is as follows: ‘‘That the following rules 

13 shall have no force or effect: 

14 lllllll.’’, the blank space being filled 

15 in with the list of major rules recommended to 

16 be repealed under subsection (d) by the commit17 tees of the House in which the joint resolution 

18 is reported; and 

19 (6) the term ‘‘major rule’’ means any rule that 

20 has resulted in or is likely to result in— 

21 (A) an annual effect on the economy of 

22 $100,000,000 or more; 

23 (B) a major increase in costs or prices for 

24 consumers, individual industries, Federal, 


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1 State, or local government agencies, or geo2 graphic regions; or 

3 (C) significant adverse effects on competi4 tion, employment, investment, productivity, in5 novation, or on the ability of United States6 based enterprises to compete with foreign-based 

7 enterprises in domestic and export markets. 

8 (b) REDUCTIONS IN REGULATORY COST.—Not later 

9 than 60 days after the date on which the debt limit is 

10 increased or a suspension of the debt limit takes effect, 

11 Congress shall enact legislation eliminating rules that re12 sults in a reduction of the direct cost of Federal regulation 

13 during the 10-fiscal-year period beginning with the next 

14 full fiscal year by not less than 15 percent of the amount 

15 of the increase in the debt limit. 

16 (c) ACTION BY AGENCIES.— 

17 (1) IDENTIFICATION OF MAJOR RULES.—If the 

18 amount of the debt limit is increased or a suspension 

19 of the debt limit takes effect, each agency shall sub20 mit to the Senate, the House of Representatives, 

21 and the Comptroller General of the United States a 

22 report identifying each major rule of the agency, as 

23 determined by the head of the agency. 

24 (2) CERTIFICATION BY GAO.—After receipt of 

25 all reports required under paragraph (1), the CompVerDate Sep 11 2014 01:56 Mar 18, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S634.IS S634

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1 troller General of the United States shall submit to 

2 the Senate and the House of Representatives a re3 port evaluating whether agencies appropriately iden4 tified major rules under paragraph (1), including 

5 whether the agencies identified major rules in ac6 cordance with Office of Management and Budget 

7 Circular A–4, or any successor thereto. 

8 (d) ACTION BY COMMITTEES.— 

9 (1) IN GENERAL.—Each committee of the Sen10 ate and the House of Representatives shall submit 

11 to the Committee on the Budget of its House a list 

12 of the major rules that— 

13 (A) are within the jurisdiction of the com14 mittee, which may include major rules identified 

15 in the report of an agency under subsection 

16 (c)(1); and 

17 (B) the committee recommends should be 

18 repealed. 

19 (2) CONSIDERATIONS.—In determining whether 

20 to recommend repealing major rules within its juris21 diction, a committee of the Senate or the House of 

22 Representatives shall consider— 

23 (A) whether the major rule achieved, or 

24 has been ineffective in achieving, the original 

25 purpose of the major rule; 


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1 (B) any adverse effects that could mate2 rialize if the major rule is repealed, in par3 ticular if those adverse effects are the reason 

4 the major rule was originally enacted; 

5 (C) whether the costs of the major rule 

6 outweigh any benefits of the major rule to the 

7 United States; 

8 (D) whether the major rule has become ob9 solete due to changes in technology, economic 

10 conditions, market practices, or any other fac11 tors; and 

12 (E) whether the major rule overlaps with 

13 another rule. 

14 (3) COMBINING OF RECOMMENDATIONS.—The 

15 Committee on the Budget of the Senate and the 

16 Committee on the Budget of the House of Rep17 resentatives, upon receiving recommendations from 

18 all relevant committees under paragraph (1), shall 

19 report to its House a joint resolution carrying out all 

20 such recommendations without any substantive revi21 sion. 

22 (e) EXPEDITED PROCEDURES.— 

23 (1) CONSIDERATION IN HOUSE OF REPRESENT24 ATIVES.— 


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1 (A) PLACEMENT ON CALENDAR.—Upon a 

2 joint resolution being reported by the Com3 mittee on the Budget of the House of Rep4 resentatives, or upon receipt of a joint resolu5 tion from the Senate, the joint resolution shall 

6 be placed immediately on the calendar. 

7 (B) PROCEEDING TO CONSIDERATION.— 

8 (i) IN GENERAL.—It shall be in order, 

9 not later than 60 days after the date on 

10 which the debt limit is increased or a sus11 pension of the debt limit takes effect, to 

12 move to proceed to consider a joint resolu13 tion in the House of Representatives. 

14 (ii) PROCEDURE.—For a motion to 

15 proceed to consider a joint resolution— 

16 (I) all points of order against the 

17 motion are waived; 

18 (II) such a motion shall not be in 

19 order after the House of Representa20 tives has disposed of a motion to pro21 ceed to the joint resolution; 

22 (III) the previous question shall 

23 be considered as ordered on the mo24 tion to its adoption without inter25 vening motion; 


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1 (IV) the motion shall not be de2 batable; and 

3 (V) a motion to reconsider the 

4 vote by which the motion is disposed 

5 of shall not be in order. 

6 (C) CONSIDERATION.—The House of Rep7 resentatives shall establish rules for consider8 ation of a joint resolution in the House of Rep9 resentatives. 

10 (2) EXPEDITED CONSIDERATION IN SENATE.— 

11 (A) PLACEMENT ON CALENDAR.—Upon a 

12 joint resolution being reported by the Com13 mittee on the Budget of the Senate, or upon re14 ceipt of a joint resolution from the House of 

15 Representatives, the joint resolution shall be 

16 placed immediately on the calendar. 

17 (B) PROCEEDING TO CONSIDERATION.— 

18 (i) IN GENERAL.—Notwithstanding 

19 rule XXII of the Standing Rules of the 

20 Senate, it is in order, not later than 60 

21 days after the date on which the debt limit 

22 is increased or a suspension of the debt 

23 limit takes effect (even though a previous 

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1 agreed to) to move to proceed to the con2 sideration of a joint resolution. 

3 (ii) PROCEDURE.—For a motion to 

4 proceed to the consideration of a joint res5 olution— 

6 (I) all points of order against the 

7 motion are waived; 

8 (II) the motion is not debatable; 

9 (III) the motion is not subject to 

10 a motion to postpone; 

11 (IV) a motion to reconsider the 

12 vote by which the motion is agreed to 

13 or disagreed to shall not be in order; 

14 and 

15 (V) if the motion is agreed to, 

16 the joint resolution shall remain the 

17 unfinished business until disposed of. 

18 (C) FLOOR CONSIDERATION GEN19 ERALLY.—If the Senate proceeds to consider20 ation of a joint resolution— 

21 (i) all points of order against the joint 

22 resolution (and against consideration of 

23 the joint resolution) are waived; 

24 (ii) consideration of the joint resolu25 tion, and all amendments thereto and deVerDate Sep 11 2014 01:56 Mar 18, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S634.IS S634

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1 batable motions and appeals in connection 

2 therewith, shall be limited to not more 

3 than 10 hours, which shall be divided 

4 equally between the majority and minority 

5 leaders or their designees; 

6 (iii) a motion to postpone or a motion 

7 to commit the joint resolution is not in 

8 order; and 

9 (iv) a motion to proceed to the consid10 eration of other business is not in order. 

11 (D) REQUIREMENTS FOR AMENDMENTS.— 

12 (i) IN GENERAL.—No amendment 

13 that is not germane to the provisions of a 

14 joint resolution shall be considered. 

15 (ii) REPEAL OF MAJOR RULES.—Not16 withstanding clause (i) or any other rule, 

17 an amendment or series of amendments to 

18 a joint resolution shall always be in order 

19 if such amendment or series of amend20 ments proposes to repeal a major rule that 

21 would result in a decrease in the direct 

22 cost of Federal regulation during the 10- 

23 fiscal-year period beginning with the next 

24 full fiscal year. 


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1 (E) VOTE ON PASSAGE.—The vote on pas2 sage shall occur immediately following the con3 clusion of the consideration of a joint resolu4 tion, and a single quorum call at the conclusion 

5 of the debate if requested in accordance with 

6 the rules of the Senate. 

7 (F) RULINGS OF THE CHAIR ON PROCE8 DURE.—Appeals from the decisions of the Chair 

9 relating to the application of this subsection or 

10 the rules of the Senate, as the case may be, to 

11 the procedure relating to a joint resolution shall 

12 be decided without debate. 

13 (3) CONSIDERATION AFTER PASSAGE.— 

14 (A) IN GENERAL.—If Congress passes a 

15 joint resolution, the period beginning on the 

16 date the President is presented with the joint 

17 resolution and ending on the date the President 

18 takes action with respect to the joint resolution 

19 shall be disregarded in computing the period 

20 described in subsection (g). 

21 (B) VETOES.—If the President vetoes the 

22 joint resolution— 

23 (i) the period beginning on the date 

24 the President vetoes the joint resolution 

25 and ending on the date Congress receives 


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1 the veto message with respect to the joint 

2 resolution shall be disregarded in com3 puting the period described in subsection 

4 (g); and 

5 (ii) consideration of a veto message in 

6 the Senate under this section shall be not 

7 more than 2 hours equally divided between 

8 the majority and minority leaders or their 

9 designees. 

10 (4) RULES OF HOUSE OF REPRESENTATIVES

11 AND SENATE.—This subsection is enacted by Con12 gress— 

13 (A) as an exercise of the rulemaking power 

14 of the Senate and House of Representatives, re15 spectively, and as such is deemed a part of the 

16 rules of each House, respectively, but applicable 

17 only with respect to the procedure to be fol18 lowed in that House in the case of a joint reso19 lution, and supersede other rules only to the ex20 tent that they are inconsistent with such rules; 

21 and 

22 (B) with full recognition of the constitu23 tional right of either House to change the rules 

24 (so far as relating to the procedure of that 

25 House) at any time, in the same manner, and 


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1 to the same extent as in the case of any other 

2 rule of that House. 

3 (f) EFFECT OF JOINT RESOLUTION.— 

4 (1) IN GENERAL.—A major rule shall cease to 

5 have force or effect if Congress enacts a joint resolu6 tion repealing the major rule. 

7 (2) LIMITATION ON SUBSEQUENT RULE8 MAKING.—A rule that ceases to have force or effect 

9 under paragraph (1) may not be reissued in substan10 tially the same form, and a new rule that is substan11 tially the same as such a rule may not be issued, un12 less the reissued or new rule is specifically author13 ized by a law enacted after the date of enactment of 

14 the joint resolution repealing the original rule. 

15 (g) FAILURE TO ENACT REDUCTIONS IN SPEND16 ING.— 

17 (1) DETERMINATION.—On the date that is 61 

18 days after the date on which the debt limit is in19 creased or a suspension of the debt limit takes ef20 fect, the Director of the Office of Management and 

21 Budget shall determine whether legislation has been 

22 enacted eliminating rules that reduces the direct cost 

23 of Federal regulation during the 10-fiscal-year pe24 riod described in subsection (b)(1) by not less than 


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1 15 percent of the amount of the increase in the debt 

2 limit. 

3 (2) INSUFFICIENT REDUCTIONS.—If the Direc4 tor of the Office of Management and Budget deter5 mines that legislation has not been enacted that 

6 eliminates rules that reduces the direct cost of Fed7 eral regulation during the 10-fiscal-year period de8 scribed in subsection (b)(1) by not less than 15 per9 cent of the amount of the increase in the debt limit, 

10 effective on the date of the determination, the limi11 tation in section 3101(b) of title 31, United States 

12 Code, shall be equal to the sum of the face amount 

13 of obligations issued under chapter 31 of title 31, 

14 United States Code, and the face amount of obliga15 tions whose principal and interest are guaranteed by 

16 the United States Government (except guaranteed 

17 obligations held by the Secretary of the Treasury) 

18 outstanding on the date of the determination. 

Æ 


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