III 

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; 


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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 


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1 Resolved by the Senate (the House of Representatives 

2 concurring), 

3 SECTION 1. SHORT TITLE. 

4 This resolution may be cited as the ‘‘Regulation Sen5 sibility Through Oversight Restoration Resolution of 

6 2024’’ or the ‘‘RESTORE Resolution of 2024’’. 

7 SEC. 2. JOINT SELECT COMMITTEE ON REGULATORY RE8 FORM. 

9 There is established a joint select committee to be 

10 known as the Joint Select Committee on Regulatory Re11 form (hereinafter in this concurrent resolution referred to 

12 as the ‘‘Joint Select Committee’’). 

13 SEC. 3. DUTIES OF JOINT SELECT COMMITTEE. 

14 (a) DEFINITIONS.—In this section, the terms ‘‘agen15 cy’’ and ‘‘rule’’ have the meanings given those terms in 

16 section 551 of title 5, United States Code. 

17 (b) DUTIES.—The Joint Select Committee shall— 

18 (1) conduct a systematic review of the process 

19 by which rules are promulgated by agencies; 

20 (2) hold hearings on the effects of and how to 

21 reduce regulatory overreach in all sectors of the 

22 economy; 

23 (3) conduct a review of the Code of Federal 

24 Regulations to identify rules and sets of rules that 

25 should be repealed; and 


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1 (4) submit to the Senate and the House of Rep2 resentatives— 

3 (A) recommendations for legislation— 

4 (i) to create a process under which an 

5 agency, before promulgating a rule, shall— 

6 (I) seek advice from Congress; 

7 (II) publish the proposed rule; 

8 (III) hold a public comment pe9 riod on the proposed rule; 

10 (IV) seek advice from Congress 

11 based on the public comments; and 

12 (V) hold issuance of the rule 

13 until Congress can review the rule for 

14 a period of not more than 1 year; and 

15 (ii) to create a process to appro16 priately sunset as many rules as possible; 

17 (B) recommendations for ways to reduce 

18 the financial burden placed on the various sec19 tors of the economy in order to comply with 

20 rules; 

21 (C) an analysis of the feasibility of the cre22 ation of a permanent Joint Committee on Rules 

23 Review in accordance with subsection (c); 

24 (D) an analysis of the feasibility of requir25 ing each agency to submit each proposed rule of 


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1 the agency to the appropriate committees of 

2 Congress for review in a similar manner as set 

3 forth for a permanent Joint Committee on 

4 Rules Review under subsection (c); and 

5 (E) a list of rules and sets of rules that 

6 the Joint Select Committee recommends should 

7 be repealed. 

8 (c) ANALYSIS OF PERMANENT JOINT COMMITTEE ON

9 RULES REVIEW.—The Joint Select Committee shall ana10 lyze the feasibility of the creation of a permanent Joint 

11 Committee on Rules Review. The Joint Committee on 

12 Rules Review would— 

13 (1) review each proposed rule that an agency 

14 determines is likely to have an annual effect on the 

15 economy of $50,000,000 or more before the agency 

16 promulgates the final rule; 

17 (2) require each agency to submit to the Com18 mittee— 

19 (A) the text of each proposed rule of the 

20 agency described in paragraph (1); and 

21 (B) an analysis of the economic impact of 

22 the rule on the economy; 

23 (3) require each agency to revise a proposed 

24 rule submitted under paragraph (2) if the Com25 mittee determines that the proposed rule— 


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1 (A) needs to be significantly rewritten to 

2 accomplish the intent of the agency or address 

3 the recommendations or objections of the Com4 mittee; 

5 (B) is not a valid exercise of delegated au6 thority from Congress; 

7 (C) is not in proper form; 

8 (D) is inconsistent with the intent of Con9 gress with respect to the provision of law that 

10 the proposed rule implements; or 

11 (E) is not a reasonable implementation of 

12 the law; 

13 (4) delay the effective date of a proposed rule 

14 for a period of not more than 1 year beginning on 

15 the date on which the agency submits the proposed 

16 rule under paragraph (2); 

17 (5) allow an agency to promulgate a final rule 

18 without any delay in the effective date of the rule if 

19 the agency designates the rule as an emergency rule, 

20 unless the Committee by majority vote determines 

21 that the rule is not an emergency rule; and 

22 (6) if applicable, recommend that Congress 

23 should overturn a final rule promulgated by an 

24 agency by enacting a joint resolution of disapproval. 


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1 SEC. 4. COMPOSITION OF JOINT SELECT COMMITTEE. 

2 (a) MEMBERSHIP.— 

3 (1) IN GENERAL.—The Joint Select Committee 

4 shall be composed of 30 members, of whom— 

5 (A) 15 shall be appointed by the majority 

6 and the minority leaders of the Senate from 

7 among Members of the Senate in a manner that 

8 reflects the ratio of the number of Members of 

9 the Senate from the majority party to the num10 ber of Members of the Senate from the minority 

11 party on the date of enactment of this Act; and 

12 (B) 15 shall be appointed by the Speaker 

13 and the minority leader of the House of Rep14 resentatives among Members of the House of 

15 Representatives in a manner that reflects the 

16 ratio of the number of members of the House 

17 of Representatives from the majority party to 

18 the number of Members of the House of Rep19 resentatives from the minority party on the 

20 date of enactment of this Act. 

21 (2) DATE.—The appointments of the members 

22 of the Joint Select Committee shall be made not 

23 later than 30 days after the date of adoption of this 

24 concurrent resolution. 


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1 (b) VACANCIES.—Any vacancy in the Joint Select 

2 Committee shall not affect its powers, but shall be filled 

3 in the same manner as the original appointment. 

4 (c) CHAIRPERSON AND VICE CHAIRPERSON.— 

5 (1) CHAIRPERSON.—The members of the Joint 

6 Select Committee shall elect a Chairperson for the 

7 Joint Select Committee by majority vote from each 

8 of— 

9 (A) the members of the majority party of 

10 the Senate; and 

11 (B) the members of the majority party of 

12 the House of Representatives. 

13 (2) VICE CHAIRPERSON.—The members of the 

14 Joint Select Committee shall elect a Vice Chair15 person for the Joint Select Committee by majority 

16 vote from each of— 

17 (A) the members of the minority party of 

18 the Senate; and 

19 (B) the members of the minority party of 

20 the House of Representatives. 

21 (d) QUORUM.—A majority of the members of the 

22 Joint Select Committee each from the Senate and the 

23 House of Representatives shall constitute a quorum for 

24 the purpose of conducting the business of the Joint Select 

25 Committee. 


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1 SEC. 5. RULES AND PROCEDURES. 

2 (a) GOVERNANCE UNDER STANDING RULES OF THE

3 SENATE.—Except as otherwise specifically provided in 

4 this resolution, the investigations and hearings conducted 

5 by the Joint Select Committee shall be governed by the 

6 Standing Rules of the Senate. 

7 (b) ADDITIONAL RULES AND PROCEDURES.—The 

8 Joint Select Committee may adopt such additional rules 

9 or procedures if the Chairperson and Vice Chairperson 

10 agree, or if the Joint Select Committee by majority vote 

11 so decides, that such additional rules or procedures are 

12 necessary or advisable to conduct the duties of the Joint 

13 Select Committee. 

14 SEC. 6. AUTHORITY OF JOINT SELECT COMMITTEE. 

15 (a) IN GENERAL.—The Joint Select Committee may 

16 exercise all of the powers and responsibilities of a com17 mittee under rule XXVI of the Standing Rules of the Sen18 ate. 

19 (b) POWERS.—The Joint Select Committee may, for 

20 the purpose of carrying out this resolution— 

21 (1) hold such hearings, sit and act at such 

22 times and places, take such testimony, receive such 

23 evidence, and administer such oaths as the Joint Se24 lect Committee considers advisable; and 

25 (2) authorize and require, by issuance of sub26 poena or otherwise, the attendance and testimony of 


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1 witnesses and the preservation and production of 

2 books, records, correspondence, memoranda, papers, 

3 documents, tapes, and any other materials in what4 ever form the Joint Select Committee considers ad5 visable. 

6 (c) SUBPOENAS.—Subpoenas authorized by the Joint 

7 Select Committee— 

8 (1) may be issued with the joint concurrence of 

9 the Chairperson and Vice Chairperson; 

10 (2) shall bear the signature of the Chairperson 

11 and Vice Chairperson, or the designee of the Chair12 person or Vice Chairperson; and 

13 (3) shall be served by any person or class of 

14 persons designated by the Chairperson and Vice 

15 Chairperson for that purpose anywhere within or 

16 without the borders of the United States to the full 

17 extent provided by law. 

18 (d) ACCESS TO INFORMATION.—The Joint Select 

19 Committee shall have, to the fullest extent permitted by 

20 law, access to any such information or materials obtained 

21 by any other department or agency of the Federal Govern22 ment or by any other governmental department, agency, 

23 or body investigating the matters described in section 

24 3(b). 


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1 (e) COOPERATION OF OTHER COMMITTEES.—In car2 rying out the duties of the Joint Select Committee, the 

3 Joint Select Committee may obtain the input and coopera4 tion of any other standing committee of the Senate or the 

5 House of Representatives. 

6 SEC. 7. REPORTS. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date on which the Joint Select Committee terminates, the 

9 Joint Select Committee shall submit to the Senate and 

10 the House of Representatives a report, which shall con11 tain— 

12 (1) the results and findings of the reviews and 

13 hearings carried out by the Joint Select Committee 

14 pursuant to this resolution; and 

15 (2) any information required to be submitted 

16 under section 3(b)(4). 

17 (b) INTERIM REPORTS.—The Joint Select Committee 

18 may submit to the Senate and the House of Representa19 tives such interim reports as the Joint Select Committee 

20 considers appropriate. 

21 SEC. 8. ADMINISTRATIVE PROVISIONS. 

22 (a) STAFF.— 

23 (1) IN GENERAL.—The Joint Select Committee 

24 may employ, in accordance with paragraph (2), a 

25 staff composed of such clerical, investigatory, legal, 


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1 technical, and other personnel as the Joint Select 

2 Committee considers necessary or appropriate. 

3 (2) APPOINTMENT OF STAFF.— 

4 (A) IN GENERAL.—The Joint Select Com5 mittee shall appoint a staff for the majority, a 

6 staff for the minority, and a nondesignated 

7 staff. 

8 (B) MAJORITY STAFF.—The majority staff 

9 shall be appointed, and may be removed, by the 

10 Chairperson and shall work under the general 

11 supervision and direction of the Chairperson. 

12 (C) MINORITY STAFF.—The minority staff 

13 shall be appointed, and may be removed, by the 

14 Vice Chairperson and shall work under the gen15 eral supervision and direction of the Vice Chair16 person. 

17 (D) NONDESIGNATED STAFF.—Nondes18 ignated staff shall be appointed, and may be re19 moved, jointly by the Chairperson and Vice 

20 Chairperson, and shall work under the joint 

21 general supervision and direction of the Chair22 person and Vice Chairperson. 

23 (b) COMPENSATION.— 


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1 (1) MAJORITY STAFF.—The Chairperson shall 

2 fix the compensation of all personnel of the majority 

3 staff of the Joint Select Committee. 

4 (2) MINORITY STAFF.—The Vice Chairperson 

5 shall fix the compensation of all personnel of the mi6 nority staff of the Joint Select Committee. 

7 (3) NONDESIGNATED STAFF.—The Chairperson 

8 and Vice Chairperson shall jointly fix the compensa9 tion of all nondesignated staff of the Joint Select 

10 Committee. 

11 (4) PAY AND BENEFITS.—All employees of the 

12 Joint Select Committee shall be treated as employ13 ees of the Senate for purposes of disbursing pay and 

14 processing benefits. 

15 (c) FACILITIES.—The Joint Select Committee may 

16 use, with the prior consent of the chair of any other com17 mittee of the Senate or the House of Representatives or 

18 the chair of any subcommittee of any committee of the 

19 Senate or the House of Representatives, the facilities of 

20 any other committee of the Senate or the House of Rep21 resentatives, whenever the Joint Select Committee or the 

22 Chairperson and Vice Chairperson consider that such ac23 tion is necessary or appropriate to enable the Joint Select 

24 Committee to carry out the responsibilities, duties, or 


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1 functions of the Joint Select Committee under this resolu2 tion. 

3 (d) DETAIL OF EMPLOYEES.—The Joint Select Com4 mittee may use on a reimbursable basis, with the prior 

5 consent of the head of the department or agency of the 

6 Federal Government concerned and the approval of the 

7 Committee on Rules and Administration of the Senate, the 

8 services of personnel of the department or agency. 

9 (e) TEMPORARY AND INTERMITTENT SERVICES.— 

10 The Joint Select Committee may procure the temporary 

11 or intermittent services of individual consultants or orga12 nizations. 

13 (f) ETHICS.—The Joint Select Committee shall es14 tablish ethical rules for the members and employees of the 

15 Joint Select Committee, which shall, to the extent prac16 ticable, be comparable to the ethical rules that apply to 

17 employees of the Senate. 

18 (g) AUTHORIZATION OF APPROPRIATIONS.—For the 

19 expenses of the Joint Select Committee, there are author20 ized to be appropriated $3,000,000 for fiscal year 2025, 

21 to remain available until expended. 

22 SEC. 9. EFFECTIVE DATE; TERMINATION. 

23 (a) EFFECTIVE DATE.—This resolution shall take ef24 fect on the date of adoption of this concurrent resolution. 


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1 (b) TERMINATION.—The Joint Select Committee 

2 shall terminate on the date that is 1 year after the ap3 pointment of the members of the Joint Select Committee. 

4 (c) DISPOSITION OF RECORDS.—Upon termination of 

5 the Joint Select Committee, the records of the Joint Select 

6 Committee shall become the records of any committee or 

7 committees designated by the majority leader of the Sen8 ate and the Speaker of the House of Representatives, with 

9 the concurrence of the minority leader of the Senate and 

10 the House of Representatives. 

Æ 


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