Title: SCRAP Act
Policy area: Government Operations and Politics

Summary:
Sunset the CRA and Restore American Protections Act of 2017 or the SCRAP Act
This bill repeals the Congressional Review Act (CRA). The CRA allows Congress to vote on a joint resolution of disapproval to overturn a recently issued agency rule and prohibit the agency from reissuing a rule that is substantially the same unless specifically authorized by Congress.
The bill allows agencies to reinstate rules overturned by the CRA by: (1) publishing the rule in the Federal Register within one year after enactment of this bill, or (2) using notice-and-comment rulemaking procedures under the Administrative Procedure Act after the one-year period after enactment of this bill.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1140 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sunset the CRA and Restore American 
Protections Act of 2017'' or the ``SCRAP Act''.

SEC. 2. REPEAL.

    (a) Repeal.--Chapter 8 of title 5, United States Code, is repealed.
    (b) Table of Chapters.--The table of chapters for part I of title 
5, United States Code, is amended by striking the item relating to 
chapter 8.
    (c) Technical and Conforming Amendments.--
            (1) Family smoking prevention and tobacco control act.--
        Section 102(a) of the Family Smoking Prevention and Tobacco 
        Control Act (21 U.S.C. 387a-1(a)) is amended by striking 
        paragraph (7).
            (2) American jobs creation act of 2004.--Section 642 of the 
        American Jobs Creation Act of 2004 (7 U.S.C. 519a) is amended 
        by striking subsection (c).
            (3) Farm security and rural investment act of 2002.--
        Section 1601(c) of the Farm Security and Rural Investment Act 
        (7 U.S.C. 7991(c)) is amended by striking paragraph (3).
            (4) Food, conservation, and energy act of 2008.--Section 
        1601(c) of the Food, Conservation, and Energy Act of 2008 (7 
        U.S.C. 8781(c)) is amended--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraph (4) as paragraph 
                (3).
            (5) Agricultural act of 2014.--Section 1601(c) of the 
        Agricultural Act of 2014 (7 U.S.C. 9091(c)) is amended by 
        striking paragraph (3).
            (6) Food security act of 1985.--Section 1246 of the Food 
        Security Act of 1985 (16 U.S.C. 3846) is amended by striking 
        subsection (c).
            (7) Federal nonnuclear energy research and development act 
        of 1974.--Section 12 of the Federal Nonnuclear Energy Research 
        and Development Act of 1974 (42 U.S.C. 5911) is amended--
                    (A) by striking ``(a) The President'' and inserting 
                ``The President''; and
                    (B) by striking subsection (b).
            (8) Elementary and secondary education act of 1965.--
        Section 1601(e) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6571(e)) is amended by striking ``or chapter 
        8 of title 5, United States Code (commonly known as the 
        `Congressional Review Act')''.
            (9) Public health service act.--Section 401(f)(4) of the 
        Public Health Service Act (42 U.S.C. 281(f)(4)) is amended by 
        striking the second sentence.
            (10) Credit union membership access act.--Section 205 of 
        the Credit Union Membership Access Act (12 U.S.C. 1759 note) is 
        repealed.
            (11) Medicare prescription drug, improvement, and 
        modernization act of 2003.--Section 303(i) of the Medicare 
        Prescription Drug, Improvement, and Modernization Act of 2003 
        (42 U.S.C. 1395u note) is amended--
                    (A) by striking paragraph (5); and
                    (B) by redesignating paragraph (6) as paragraph 
                (5).
            (12) Tax and trade relief extension act of 1998.--Section 
        5101(i)(1) of the Tax and Trade Relief Extension Act of 1998 
        (42 U.S.C. 1395x note) is amended by striking ``(without regard 
        to chapter 8 of title 5, United States Code)''.

SEC. 3. REINSTATEMENT OF DISAPPROVED RULES.

    (a) Definitions.--In this section--
            (1) the term ``covered rule'' means a rule for which a 
        joint resolution of disapproval was enacted under chapter 8 of 
        title 5, United States Code, before the date of enactment of 
        this Act; and
            (2) the term ``Federal agency'' has the meaning given the 
        term ``agency'' in section 551(1) of title 5, United States 
        Code.
    (b) Fast-Track Reinstatement.--A Federal agency may reinstate a 
covered rule by publishing the covered rule in the Federal Register 
during the 1-year period beginning on the date of enactment of this 
Act.
    (c) Reinstatement After One-Year Period.--After the end of the 1-
year period beginning on the date of enactment of this Act, a Federal 
agency may reinstate a covered rule using the rule making procedures 
described in section 553 of title 5, United States Code.
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