II 

115TH CONGRESS 

1ST SESSION S. 1140 

To repeal the Congressional Review Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2017 

Mr. BOOKER (for himself and Mr. UDALL) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To repeal the Congressional Review Act, 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 ‘‘Sunset the CRA and 

5 Restore American Protections Act of 2017’’ or the 

6 ‘‘SCRAP Act’’. 

7 SEC. 2. REPEAL. 

8 (a) REPEAL.—Chapter 8 of title 5, United States 

9 Code, is repealed. 


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1 (b) TABLE OF CHAPTERS.—The table of chapters for 

2 part I of title 5, United States Code, is amended by strik3 ing the item relating to chapter 8. 

4 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 (1) FAMILY SMOKING PREVENTION AND TO6 BACCO CONTROL ACT.—Section 102(a) of the Fam7 ily Smoking Prevention and Tobacco Control Act 

8 (21 U.S.C. 387a–1(a)) is amended by striking para9 graph (7). 

10 (2) AMERICAN JOBS CREATION ACT OF 2004.— 

11 Section 642 of the American Jobs Creation Act of 

12 2004 (7 U.S.C. 519a) is amended by striking sub13 section (c). 

14 (3) FARM SECURITY AND RURAL INVESTMENT

15 ACT OF 2002.—Section 1601(c) of the Farm Security 

16 and Rural Investment Act (7 U.S.C. 7991(c)) is 

17 amended by striking paragraph (3). 

18 (4) FOOD, CONSERVATION, AND ENERGY ACT

19 OF 2008.—Section 1601(c) of the Food, Conserva20 tion, and Energy Act of 2008 (7 U.S.C. 8781(c)) is 

21 amended— 

22 (A) by striking paragraph (3); and 

23 (B) by redesignating paragraph (4) as 

24 paragraph (3). 


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1 (5) AGRICULTURAL ACT OF 2014.—Section 

2 1601(c) of the Agricultural Act of 2014 (7 U.S.C. 

3 9091(c)) is amended by striking paragraph (3). 

4 (6) FOOD SECURITY ACT OF 1985.—Section 

5 1246 of the Food Security Act of 1985 (16 U.S.C. 

6 3846) is amended by striking subsection (c). 

7 (7) FEDERAL NONNUCLEAR ENERGY RESEARCH

8 AND DEVELOPMENT ACT OF 1974.—Section 12 of the 

9 Federal Nonnuclear Energy Research and Develop10 ment Act of 1974 (42 U.S.C. 5911) is amended— 

11 (A) by striking ‘‘(a) The President’’ and 

12 inserting ‘‘The President’’; and 

13 (B) by striking subsection (b). 

14 (8) ELEMENTARY AND SECONDARY EDUCATION

15 ACT OF 1965.—Section 1601(e) of the Elementary 

16 and Secondary Education Act of 1965 (20 U.S.C. 

17 6571(e)) is amended by striking ‘‘or chapter 8 of 

18 title 5, United States Code (commonly known as the 

19 ‘Congressional Review Act’)’’. 

20 (9) PUBLIC HEALTH SERVICE ACT.—Section 

21 401(f)(4) of the Public Health Service Act (42 

22 U.S.C. 281(f)(4)) is amended by striking the second 

23 sentence. 


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1 (10) CREDIT UNION MEMBERSHIP ACCESS

2 ACT.—Section 205 of the Credit Union Membership 

3 Access Act (12 U.S.C. 1759 note) is repealed. 

4 (11) MEDICARE PRESCRIPTION DRUG, IM5 PROVEMENT, AND MODERNIZATION ACT OF 2003.— 

6 Section 303(i) of the Medicare Prescription Drug, 

7 Improvement, and Modernization Act of 2003 (42 

8 U.S.C. 1395u note) is amended— 

9 (A) by striking paragraph (5); and 

10 (B) by redesignating paragraph (6) as 

11 paragraph (5). 

12 (12) TAX AND TRADE RELIEF EXTENSION ACT

13 OF 1998.—Section 5101(i)(1) of the Tax and Trade 

14 Relief Extension Act of 1998 (42 U.S.C. 1395x 

15 note) is amended by striking ‘‘(without regard to 

16 chapter 8 of title 5, United States Code)’’. 

17 SEC. 3. REINSTATEMENT OF DISAPPROVED RULES. 

18 (a) DEFINITIONS.—In this section— 

19 (1) the term ‘‘covered rule’’ means a rule for 

20 which a joint resolution of disapproval was enacted 

21 under chapter 8 of title 5, United States Code, be22 fore the date of enactment of this Act; and 

23 (2) the term ‘‘Federal agency’’ has the meaning 

24 given the term ‘‘agency’’ in section 551(1) of title 5, 

25 United States Code. 


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1 (b) FAST-TRACK REINSTATEMENT.—A Federal 

2 agency may reinstate a covered rule by publishing the cov3 ered rule in the Federal Register during the 1-year period 

4 beginning on the date of enactment of this Act. 

5 (c) REINSTATEMENT AFTER ONE-YEAR PERIOD.— 

6 After the end of the 1-year period beginning on the date 

7 of enactment of this Act, a Federal agency may reinstate 

8 a covered rule using the rule making procedures described 

9 in section 553 of title 5, United States Code. 

Æ 


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