II 

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. 

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 ‘‘Unnecessary Agency 

5 Regulations Reduction Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) the term ‘‘Administrator’’ means the Ad2 ministrator of the Office of Information and Regu3 latory Affairs; 

4 (2) the term ‘‘agency’’ has the meaning given 

5 the term in section 551 of title 5, United States 

6 Code; 

7 (3) the term ‘‘burdensome’’, with respect to a 

8 major rule or set of major rules of an agency, means 

9 that the major rule or set of major rules— 

10 (A) can be modified, consolidated, or re11 pealed to eliminate or reduce excessive compli12 ance costs or user fees; or 

13 (B) imposes unfunded mandates due to the 

14 agency failing to adequately comply with section 

15 205 of the Unfunded Mandates Reform Act of 

16 1995 (2 U.S.C. 1535); 

17 (4) the term ‘‘duplicative’’, with respect to a 

18 major rule or set of major rules of an agency, means 

19 that the major rule or set of major rules overlaps, 

20 duplicates, or conflicts with other Federal regula21 tions; 

22 (5) the term ‘‘joint resolution’’ means only a 

23 joint resolution that contains legislative language to 

24 modify, consolidate, or repeal agency major rules; 


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1 (6) the term ‘‘major rule’’ has the meaning 

2 given the term in section 804 of title 5, United 

3 States Code; 

4 (7) the term ‘‘outdated’’, with respect to a 

5 major rule or set of major rules of an agency or a 

6 portion of a major rule of an agency means that the 

7 major rule, set of major rules, or the portion of the 

8 major rule has not been modified in the 10-year pe9 riod preceding the date on which the Administrator 

10 submits the most recent list required under section 

11 3(a)(3)(A)(ii); 

12 (8) the term ‘‘regulation’’ has the meaning 

13 given the term ‘‘rule’’ in section 551 of title 5, 

14 United States Code; and 

15 (9) the term ‘‘set of major rules’’ means not 

16 less than 2 major rules that collectively implement 

17 a regulatory authority of an agency. 

18 SEC. 3. REVIEW AND IDENTIFICATION OF UNNECESSARY 

19 REGULATIONS. 

20 (a) REVIEW.— 

21 (1) IN GENERAL.—The Administrator shall, on 

22 an annual basis and in consultation with each agen23 cy— 


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1 (A) compile a list that identifies all 

2 planned agency major rules or sets of major 

3 rules for the period covered by the submission; 

4 (B) identify agency major rules or sets of 

5 major rules described in subparagraph (A) that 

6 are duplicative or burdensome; and 

7 (C) consult with the congressional commit8 tees with jurisdiction over the major rules or 

9 sets of major rules identified under subpara10 graph (B) to determine whether those major 

11 rules or sets of major rules would no longer be 

12 useful and could be modified, consolidated, or 

13 repealed. 

14 (2) CONSIDERATION OF GAO DUPLICATION RE15 PORT.— 

16 (A) IN GENERAL.—The Comptroller Gen17 eral of the United States shall— 

18 (i) on an annual basis, provide to the 

19 Administrator a copy of the annual report 

20 prepared pursuant to section 21 of the 

21 Statutory Pay-As-You-Go Act of 2010 (31 

22 U.S.C. 712 note); and 

23 (ii) in the report provided under 

24 clause (i), identify any major rules or sets 

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1 grams, agencies, offices, and initiatives 

2 identified in the report as having duplica3 tive goals or activities, as defined by the 

4 Comptroller General. 

5 (B) REVIEW.—Upon receipt of the report 

6 under subparagraph (A), the Administrator 

7 shall— 

8 (i) review any major rules or sets of 

9 major rules associated with the programs, 

10 agencies, offices, and initiatives identified 

11 in the report as having duplicative goals or 

12 activities; 

13 (ii) determine, in consultation with 

14 the relevant agencies, whether any of the 

15 major rules or sets of major rules identi16 fied in clause (i) are duplicative or out17 dated; and 

18 (iii) determine how any duplicative or 

19 outdated major rules or sets of major rules 

20 identified in clause (ii) should be modified, 

21 consolidated, or repealed. 

22 (3) IDENTIFICATION OF MAJOR RULES OR SETS

23 OF MAJOR RULES.— 

24 (A) IN GENERAL.—The Administrator 

25 shall, on an annual basis— 


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1 (i) compile a list of major rules or sets 

2 of major rules that the Administrator de3 termines are outdated, duplicative, or bur4 densome; and 

5 (ii) submit to Congress and include in 

6 each Unified Agenda of Federal Regu7 latory and Deregulatory Actions a list of 

8 major rules or sets of major rules that the 

9 Administrator recommends should be 

10 modified, consolidated, or repealed. 

11 (B) REQUIRED PERCENTAGE.—The list of 

12 major rules or sets of major rules identified as 

13 outdated, duplicative, or burdensome under sub14 paragraph (A)(i) shall be not less than 10 per15 cent of all major rules and sets of major rules 

16 identified under paragraphs (1)(B) and 

17 (2)(B)(ii). 

18 (b) CRITERIA FOR REVIEW.—In identifying major 

19 rules or sets of major rules that are outdated, duplicative, 

20 or burdensome under subsection (a), the Administrator 

21 may consider— 

22 (1) whether the original purpose of the major 

23 rule or set of major rules was achieved, and the 

24 major rule or set of major rules could be repealed 

25 without significant recurrence of adverse effects or 


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1 conduct that the major rule or set of major rules 

2 was intended to prevent or reduce; 

3 (2) whether the implementation, compliance, 

4 administration, enforcement, imposition of unfunded 

5 mandates, or other costs of the major rule or set of 

6 major rules to the economy are not justified by the 

7 benefits to society within the United States produced 

8 by the expenditure of those costs; 

9 (3) whether the major rule or set of major rules 

10 has been rendered unnecessary or obsolete, taking 

11 into consideration the length of time since the major 

12 rule or set of major rules was made and the degree 

13 to which technology, economic conditions, market 

14 practices, or other relevant factors have changed in 

15 the subject area affected by the major rule or set of 

16 major rules; 

17 (4) whether the major rule or set of major rules 

18 has become unjustified or unnecessary as a result of 

19 changed circumstances; 

20 (5) whether the major rule or set of major rules 

21 is compatible with other regulations and not duplica22 tive or inappropriately burdensome in the aggregate; 

23 (6) whether the major rule or set of major rules 

24 is ineffective at achieving the purposes of the major 

25 rule or set of major rules; 


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1 (7) whether the major rule or set of major rules 

2 is duplicative of other Federal regulations; 

3 (8) whether the major rule or set of major rules 

4 has excessive compliance costs, user fees, imposes 

5 unfunded mandates, or is otherwise excessively bur6 densome, as compared to alternatives that— 

7 (A) specify performance objectives rather 

8 than conduct or manners of compliance; 

9 (B) establish economic incentives to en10 courage desired behavior; 

11 (C) provide information upon which 

12 choices can be made by the public; 

13 (D) incorporate other innovative alter14 natives rather than agency actions that specify 

15 conduct or manners of compliance; or 

16 (E) could in other ways substantially lower 

17 costs without significantly undermining effec18 tiveness; 

19 (9) whether the major rule or set of major rules 

20 inhibits innovation in or growth of the United States 

21 economy, such as by impeding the introduction or 

22 use of safer or equally safe technology that is newer 

23 or more efficient than technology required by or per24 missible under the major rule or set of major rules; 


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1 (10) whether or not the major rule or set of 

2 major rules harms competition within the United 

3 States economy or the international economic com4 petitiveness of enterprises or entities based in the 

5 United States; 

6 (11) whether or not the major rule or set of 

7 major rules limits or prevents an agency from apply8 ing new or emerging technologies to improve effi9 ciency and effectiveness of government; 

10 (12) whether the major rule or set of major 

11 rules harms wage growth, including wage growth for 

12 minimum wage and part-time workers; 

13 (13) whether the major rule or set of major 

14 rules is outdated; 

15 (14) whether the major rule or set of major 

16 rules is in full compliance with the requirements of 

17 section 801(a)(1)(A) of title 5, United States Code; 

18 (15) whether, and the extent to which, the re19 peal of the major rule or set of major rules would 

20 impact public health; 

21 (16) the review of the report submitted by the 

22 Comptroller General of the United States under sub23 section (a)(2); and 

24 (17) such other criteria as the Administrator 

25 determines to identify major rules or sets of major 


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1 rules that can be repealed to eliminate or reduce un2 necessarily burdensome costs to the United States 

3 economy. 

4 (c) CONSIDERATION BY CONGRESS.—Not later than 

5 30 days after the date on which the Administrator submits 

6 the list of major rules or sets of major rules to Congress 

7 under subsection (a)(3)(A)(ii), each appropriate congres8 sional committee shall— 

9 (1) review each such major rule or set of major 

10 rules that is within the jurisdiction of the committee 

11 to determine if the major rule or set of major rules 

12 should be modified, consolidated, or repealed; and 

13 (2) issue a recommendation to modify, consoli14 date, or repeal the major rule or set of major rules 

15 in a joint resolution. 

16 SEC. 4. EXPEDITED PROCEDURES FOR CONSIDERATION OF 

17 JOINT RESOLUTION. 

18 (a) INTRODUCTION OF JOINT RESOLUTION.— 

19 (1) IN GENERAL.—Any joint resolution— 

20 (A) shall be introduced in the Senate (by 

21 request) by the majority leader or minority 

22 leader of the Senate or by a Member of the 

23 Senate designated by the majority leader or mi24 nority leader of the Senate not later than 60 

25 days after the date on which the date on which 


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1 each appropriate congressional committee has 

2 issued the recommendation required under sec3 tion 3(c); and 

4 (B) shall be introduced in the House of 

5 Representatives (by request) by the Speaker of 

6 the House of Representatives or the minority 

7 leader of the House of Representatives or by a 

8 Member of the House of Representatives des9 ignated by the Speaker of the House of Rep10 resentatives or the minority leader of the House 

11 of Representatives not later than 60 days after 

12 the date on which the date on which each ap13 propriate congressional committee has issued 

14 the recommendation required under section 

15 3(c). 

16 (2) REINTRODUCTION.—Any joint resolution 

17 shall be reintroduced as described in paragraph (1) 

18 not later than 60 days after the first day of a Con19 gress if— 

20 (A) the joint resolution was introduced 

21 during the previous Congress after the date 

22 that was 210 days before the date of the sine 

23 die adjournment of such previous Congress; and 

24 (B) there was not a vote in either House 

25 of Congress on passage of the joint resolution 


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1 introduced under subparagraph (A) during the 

2 previous Congress by which the joint resolution 

3 was not agreed to. 

4 (b) EXPEDITED CONSIDERATION IN HOUSE OF REP5 RESENTATIVES.— 

6 (1) REPORTING AND DISCHARGE.—Any com7 mittee of the House of Representatives to which a 

8 joint resolution is referred shall report it to the 

9 House of Representatives not later than 180 days 

10 after the date on which the joint resolution is intro11 duced or reintroduced in the House of Representa12 tives under subsection (a). If a committee fails to re13 port the joint resolution within that period, the com14 mittee shall be discharged from further consider15 ation of the joint resolution and the joint resolution 

16 shall be referred to the appropriate calendar. 

17 (2) PROCEEDING TO CONSIDERATION.— 

18 (A) IN GENERAL.—After each committee 

19 authorized to consider a joint resolution reports 

20 it to the House of Representatives or has been 

21 discharged from its consideration, it shall be in 

22 order, not later than 210 days after the date on 

23 which the joint resolution is introduced or re24 introduced in the House of Representatives 

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1 sider the joint resolution in the House of Rep2 resentatives. 

3 (B) PROCEDURE.—For a motion to pro4 ceed to consideration of a joint resolution— 

5 (i) all points of order against the mo6 tion are waived; 

7 (ii) such a motion shall not be in 

8 order after the House of Representatives 

9 has disposed of a motion to proceed on the 

10 joint resolution; 

11 (iii) the previous question shall be 

12 considered as ordered on the motion to its 

13 adoption without intervening motion; 

14 (iv) the motion shall not be debatable; 

15 and 

16 (v) a motion to reconsider the vote by 

17 which the motion is disposed of shall not 

18 be in order. 

19 (3) CONSIDERATION.—If the House of Rep20 resentatives proceeds to consideration of a joint res21 olution— 

22 (A) the joint resolution shall be considered 

23 as read; 


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1 (B) all points of order against the joint 

2 resolution and against its consideration are 

3 waived; 

4 (C) the previous question shall be consid5 ered as ordered on the joint resolution to its 

6 passage without intervening motion except 10 

7 hours of debate equally divided and controlled 

8 by the proponent and an opponent; 

9 (D) an amendment to the joint resolution 

10 shall not be in order; and 

11 (E) a motion to reconsider the vote on pas12 sage of the joint resolution shall not be in 

13 order. 

14 (c) EXPEDITED CONSIDERATION IN SENATE.— 

15 (1) PLACEMENT ON CALENDAR.—Upon intro16 duction in the Senate, the joint resolution shall be 

17 placed immediately on the calendar. 

18 (2) PROCEEDING TO CONSIDERATION.— 

19 (A) IN GENERAL.—Notwithstanding rule 

20 XXII of the Standing Rules of the Senate, it is 

21 in order, not later than 210 days after the date 

22 on which the joint resolution is introduced or 

23 reintroduced in the Senate under subsection (a) 

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1 fect has been disagreed to) to move to proceed 

2 to the consideration of a joint resolution. 

3 (B) PROCEDURE.—For a motion to pro4 ceed to the consideration of a joint resolution— 

5 (i) all points of order against the mo6 tion are waived; 

7 (ii) the motion is not debatable; 

8 (iii) the motion is not subject to a mo9 tion to postpone; 

10 (iv) a motion to reconsider the vote by 

11 which the motion is agreed to or disagreed 

12 to shall not be in order; and 

13 (v) if the motion is agreed to, the 

14 joint resolution shall remain the unfinished 

15 business until disposed of. 

16 (3) FLOOR CONSIDERATION.— 

17 (A) IN GENERAL.—If the Senate proceeds 

18 to consideration of a joint resolution— 

19 (i) all points of order against the joint 

20 resolution (and against consideration of 

21 the joint resolution) are waived; 

22 (ii) consideration of the joint resolu23 tion, and all debatable motions and appeals 

24 in connection therewith, shall be limited to 

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1 vided equally between the majority and mi2 nority leaders or their designees; 

3 (iii) a motion further to limit debate 

4 is in order and not debatable; 

5 (iv) an amendment to, a motion to 

6 postpone, or a motion to commit the joint 

7 resolution is not in order; and 

8 (v) a motion to proceed to the consid9 eration of other business is not in order. 

10 (B) VOTE ON PASSAGE.—The vote on pas11 sage shall occur immediately following the con12 clusion of the consideration of a joint resolu13 tion, and a single quorum call at the conclusion 

14 of the debate if requested in accordance with 

15 the rules of the Senate. 

16 (C) RULINGS OF THE CHAIR ON PROCE17 DURE.—Appeals from the decisions of the Chair 

18 relating to the application of this paragraph or 

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

20 the procedure relating to a joint resolution shall 

21 be decided without debate. 

22 (d) RULES RELATING TO SENATE AND HOUSE OF

23 REPRESENTATIVES.— 

24 (1) COORDINATION WITH ACTION BY OTHER

25 HOUSE.—If, before the passage by one House of a 


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1 joint resolution of that House, that House receives 

2 from the other House a joint resolution— 

3 (A) the joint resolution of the other House 

4 shall not be referred to a committee; and 

5 (B) with respect to a joint resolution of the 

6 House receiving the resolution— 

7 (i) the procedure in that House shall 

8 be the same as if no joint resolution had 

9 been received from the other House; and 

10 (ii) the vote on passage shall be on 

11 the joint resolution of the other House. 

12 (2) TREATMENT OF JOINT RESOLUTION OF

13 OTHER HOUSE.—If one House fails to introduce or 

14 consider a joint resolution under this section, the 

15 joint resolution of the other House shall be entitled 

16 to expedited floor procedures under this section. 

17 (3) TREATMENT OF COMPANION MEASURES.— 

18 If, following passage of a joint resolution in the Sen19 ate, the Senate receives the companion measure 

20 from the House of Representatives, the companion 

21 measure shall not be debatable. 

22 (4) CONSIDERATION AFTER PASSAGE.—If the 

23 President vetoes the joint resolution, consideration 

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1 vided between the majority and minority leaders or 

2 their designees. 

3 (e) RULES OF HOUSE OF REPRESENTATIVES AND

4 SENATE.—This section is enacted by Congress— 

5 (1) as an exercise of the rulemaking power of 

6 the Senate and House of Representatives, respec7 tively, and as such is deemed a part of the rules of 

8 each House, respectively, but applicable only with re9 spect to the procedure to be followed in that House 

10 in the case of a joint resolution, and to supersede 

11 other rules only to the extent that it is inconsistent 

12 with such rules; and 

13 (2) with full recognition of the constitutional 

14 right of either House to change the rules (so far as 

15 relating to the procedure of that House) at any time, 

16 in the same manner, and to the same extent as in 

17 the case of any other rule of that House. 

Æ 


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