II 

117TH CONGRESS 

1ST SESSION S. 2239 

To consolidate or repeal unnecessary agency major rules, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2021 

Mr. SCOTT of Florida (for himself, Mr. TILLIS, Mr. COTTON, Mr. RISCH, Mr. 

MARSHALL, Mr. CRAPO, Mr. HAWLEY, Mr. HAGERTY, Mr. DAINES, Mr. 

JOHNSON, Mr. LANKFORD, Mr. BRAUN, Mr. CRUZ, Ms. ERNST, Mr. 

WICKER, Mr. CORNYN, and Ms. LUMMIS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To 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 of 2021’’. 

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10 (A) can be consolidated or repealed, in 

11 whole or in part, to eliminate or reduce exces12 sive compliance 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 consolidate or repeal, in whole or in part, agency 

25 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4 (7) the term ‘‘outdated’’, with respect to a 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.—Not later than 2 years after 

22 the date of enactment of this Act and each year 

23 thereafter, the Administrator, in consultation with 

24 each agency, shall— 


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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 and 

5 (B) identify agency major rules or sets of 

6 major rules described in subparagraph (A) that 

7 are duplicative, burdensome, or outdated. 

8 (2) CONSIDERATION OF GAO DUPLICATION RE9 PORT.— 

10 (A) IN GENERAL.—The Comptroller Gen11 eral of the United States shall— 

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

13 Administrator a copy of the annual report 

14 prepared pursuant to section 21 of the 

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

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

17 (ii) in the report provided under 

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

19 of major rules associated with the pro20 grams, agencies, offices, and initiatives 

21 identified in the report as having duplica22 tive goals or activities, as defined by the 

23 Comptroller General. 


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

2 under subparagraph (A), the Administrator 

3 shall— 

4 (i) review any major rules or sets of 

5 major rules associated with the programs, 

6 agencies, offices, and initiatives identified 

7 in the report as having duplicative goals or 

8 activities; 

9 (ii) determine, in consultation with 

10 the relevant agencies, whether any of the 

11 major rules or sets of major rules identi12 fied in clause (i) are potentially duplicative, 

13 burdensome, or outdated; and 

14 (iii) determine whether any of the 

15 major rules or sets of major rules identi16 fied in clause (ii) should be consolidated or 

17 repealed, in whole or in part. 

18 (3) IDENTIFICATION OF MAJOR RULES OR SETS

19 OF MAJOR RULES.— 

20 (A) IN GENERAL.—The Administrator 

21 shall, on an annual basis— 

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

23 of major rules that the Administrator de24 termines are duplicative, burdensome, or 

25 outdated; and 


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1 (ii) submit to Congress and include in 

2 each Unified Agenda of Federal Regu3 latory and Deregulatory Actions a list of 

4 major rules or sets of major rules that the 

5 Administrator has identified under para6 graph (1)(B), which may include rec7 ommendations as to whether any of those 

8 major rules or sets of major rules should 

9 be consolidated or repealed, in whole or in 

10 part. 

11 (B) REQUIREMENT FOR LIST.—The list of 

12 major rules or sets of major rules identified as 

13 duplicative, burdensome, or outdated under sub14 paragraph (A)(i) shall be derived from the 

15 major rules and sets of major rules identified 

16 under paragraphs (1)(B) and (2)(B)(ii). 

17 (4) EXISTING REPORT.—The requirement de18 scribed in paragraph (1)(A) may be satisfied by any 

19 existing annual report, such as the Unified Agenda 

20 of Federal Regulatory and Deregulatory Actions, 

21 that is compiled by the Administrator and includes 

22 the information described in paragraph (1)(A). 

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

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1 some, or outdated under subsection (a), the Administrator 

2 may consider— 

3 (1) whether the original purpose of the major 

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

5 major rule or set of major rules could be repealed, 

6 in whole or in part, without significant recurrence of 

7 adverse effects or conduct that the major rule or set 

8 of major rules was intended to prevent or reduce; 

9 (2) whether the implementation, compliance, 

10 administration, enforcement, imposition of unfunded 

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

12 major rules to the economy are not justified by the 

13 benefits to society within the United States produced 

14 by the expenditure of those costs; 

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

16 has been rendered unnecessary or obsolete, taking 

17 into consideration the length of time since the major 

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

19 to which technology, economic conditions, market 

20 practices, or other relevant factors have changed in 

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

22 major rules; 

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

24 has become unjustified or unnecessary as a result of 

25 changed circumstances; 


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

2 is compatible with other regulations and not duplica3 tive or inappropriately burdensome in the aggregate; 

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

5 is ineffective at achieving the purposes of the major 

6 rule or set of major rules; 

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

8 is duplicative of other Federal regulations; 

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

10 has excessive compliance costs, user fees, imposes 

11 unfunded mandates, or is otherwise excessively bur12 densome, as compared to alternatives that— 

13 (A) specify performance objectives rather 

14 than conduct or manners of compliance; 

15 (B) establish economic incentives to en16 courage desired behavior; 

17 (C) provide information upon which 

18 choices can be made by the public; 

19 (D) incorporate other innovative alter20 natives rather than agency actions that specify 

21 conduct or manners of compliance; or 

22 (E) could in other ways substantially lower 

23 costs without significantly undermining effec24 tiveness; 


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

2 inhibits innovation in or growth of the United States 

3 economy, such as by impeding the introduction or 

4 use of safer or equally safe technology that is newer 

5 or more efficient than technology required by or per6 missible under the major rule or set of major rules; 

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

8 major rules harms competition within the United 

9 States economy or the international economic com10 petitiveness of enterprises or entities based in the 

11 United States; 

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

13 major rules limits or prevents an agency from apply14 ing new or emerging technologies to improve effi15 ciency and effectiveness of government; 

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

17 rules harms wage growth, including wage growth for 

18 minimum wage and part-time workers; 

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

20 rules is outdated; 

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

22 rules is in full compliance with the requirements of 

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


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1 (15) whether, and the extent to which, the re2 peal, in whole or in part, of the major rule or set 

3 of major rules would impact public health; 

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

5 Comptroller General of the United States under sub6 section (a)(2); and 

7 (17) such other criteria as the Administrator 

8 determines to identify major rules or sets of major 

9 rules that can be repealed, in whole or in part, to 

10 eliminate or reduce unnecessarily burdensome costs 

11 to the United States economy. 

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

13 30 days after the date on which the Administrator submits 

14 a list of major rules or sets of major rules to Congress 

15 under subsection (a)(3)(A)(ii), each appropriate congres16 sional committee shall— 

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

18 rules that is within the jurisdiction of the committee 

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

20 should be consolidated or repealed, in whole or in 

21 part; and 

22 (2) issue a recommendation to consolidate or 

23 repeal, in whole or in part, the major rule or set of 

24 major rules in a joint resolution. 


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1 SEC. 4. EXPEDITED PROCEDURES FOR CONSIDERATION OF 

2 JOINT RESOLUTION. 

3 (a) INTRODUCTION OF JOINT RESOLUTION.— 

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

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

6 request) by the Majority Leader or Minority 

7 Leader of the Senate or by a Member of the 

8 Senate designated by the Majority Leader or 

9 Minority Leader of the Senate not later than 60 

10 days after the date on which the date on which 

11 each appropriate congressional committee has 

12 issued the recommendation required under sec13 tion 3(c); and 

14 (B) shall be introduced in the House of 

15 Representatives (by request) by the Speaker of 

16 the House of Representatives or the Minority 

17 Leader of the House of Representatives or by 

18 a Member of the House of Representatives des19 ignated by the Speaker of the House of Rep20 resentatives or the Minority Leader of the 

21 House of Representatives not later than 60 

22 days after the date on which the date on which 

23 each appropriate congressional committee has 

24 issued the recommendation required under sec25 tion 3(c). 


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1 (2) REINTRODUCTION.—Any joint resolution 

2 shall be reintroduced as described in paragraph (1) 

3 not later than 60 days after the first day of a Con4 gress if— 

5 (A) the joint resolution was introduced 

6 during the previous Congress after the date 

7 that was 210 days before the date of the sine 

8 die adjournment of such previous Congress; and 

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

10 of Congress on passage of the joint resolution 

11 introduced under subparagraph (A) during the 

12 previous Congress by which the joint resolution 

13 was not agreed to. 

14 (b) 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 (c) EXPEDITED CONSIDERATION IN HOUSE OF REP23 RESENTATIVES.— 

24 (1) REPORTING AND DISCHARGE.—Any com25 mittee of the House of Representatives to which a 


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1 joint resolution is referred shall report it to the 

2 House of Representatives not later than 180 days 

3 after the date on which the joint resolution is intro4 duced or reintroduced in the House of Representa5 tives under subsection (a). If a committee fails to re6 port the joint resolution within that period, the com7 mittee shall be discharged from further consider8 ation of the joint resolution and the joint resolution 

9 shall be referred to the appropriate calendar. 

10 (2) PROCEEDING TO CONSIDERATION.— 

11 (A) IN GENERAL.—After each committee 

12 authorized to consider a joint resolution reports 

13 it to the House of Representatives or has been 

14 discharged from its consideration, it shall be in 

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

16 which the joint resolution is introduced or re17 introduced in the House of Representatives 

18 under subsection (a), to move to proceed to con19 sider the joint resolution in the House of Rep20 resentatives. 

21 (B) PROCEDURE.—For a motion to pro22 ceed to consideration of a joint resolution— 

23 (i) all points of order against the mo24 tion are waived; 


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1 (ii) such a motion shall not be in 

2 order after the House of Representatives 

3 has disposed of a motion to proceed on the 

4 joint resolution; 

5 (iii) the previous question shall be 

6 considered as ordered on the motion to its 

7 adoption without intervening motion; 

8 (iv) the motion shall not be debatable; 

9 and 

10 (v) a motion to reconsider the vote by 

11 which the motion is disposed of shall not 

12 be in order. 

13 (3) CONSIDERATION.—If the House of Rep14 resentatives proceeds to consideration of a joint res15 olution— 

16 (A) the joint resolution shall be considered 

17 as read; 

18 (B) all points of order against the joint 

19 resolution and against its consideration are 

20 waived; 

21 (C) the previous question shall be consid22 ered as ordered on the joint resolution to its 

23 passage without intervening motion except 10 

24 hours of debate equally divided and controlled 

25 by the proponent and an opponent; 


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1 (D) an amendment to the joint resolution 

2 shall not be in order; and 

3 (E) a motion to reconsider the vote on pas4 sage of the joint resolution shall not be in 

5 order. 

6 (d) RULES RELATING TO SENATE AND HOUSE OF

7 REPRESENTATIVES.— 

8 (1) COORDINATION WITH ACTION BY OTHER

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

10 joint resolution of that House, that House receives 

11 from the other House a joint resolution— 

12 (A) the joint resolution of the other House 

13 shall not be referred to a committee; and 

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

15 House receiving the resolution— 

16 (i) the procedure in that House shall 

17 be the same as if no joint resolution had 

18 been received from the other House; and 

19 (ii) the vote on passage shall be on 

20 the joint resolution of the other House. 

21 (2) TREATMENT OF JOINT RESOLUTION OF

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

23 consider a joint resolution under this section, the 

24 joint resolution of the other House shall be entitled 

25 to expedited floor procedures under this section. 


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1 (3) TREATMENT OF COMPANION MEASURES.— 

2 If, following passage of a joint resolution in the Sen3 ate, the Senate receives the companion measure 

4 from the House of Representatives, the companion 

5 measure shall not be debatable. 

6 (4) CONSIDERATION AFTER PASSAGE.—If the 

7 President vetoes the joint resolution, consideration 

8 of a veto message in the Senate under this para9 graph shall be not more than 10 hours equally di10 vided between the majority and minority leaders or 

11 their designees. 

12 (e) RULES OF SENATE AND HOUSE OF REPRESENTA13 TIVES.—This section is enacted by Congress— 

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

15 the Senate and House of Representatives, respec16 tively, and as such is deemed a part of the rules of 

17 each House, respectively, but applicable only with re18 spect to the procedure to be followed in that House 

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

20 other rules only to the extent that it is inconsistent 

21 with such rules; and 

22 (2) with full recognition of the constitutional 

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

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


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

2 the case of any other rule of that House. 

Æ 


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