SCRAP Act

Bill: 115-s-1140
Sponsor: full_name: Sen. Booker, Cory A. [D-NJ]
Introduced: 2017-05-16
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Congressional oversight

Legislative rules and procedure
Latest action: action_date: 2017-05-16
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2017-05-16
action_desc: Introduced in Senate
text: <p><b>Sunset the CRA and Restore American Protections Act of 2017 or the SCRAP Act</b></p> <p>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. </p> <p>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.</p>

tv_txt: II 115th CONGRESS 1st Session S. 1140 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. Short title This Act may be cited as the Sunset the CRA and Restore American Protections Act of 2017 or the SCRAP Act . 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 Repeal (a) Repeal Chapter 8 of title 5, United States Code, is repealed.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) . 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.