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Sheridan

Rein in Regulation Act

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Senator TALLEYRAND, for himself, submits

A BILL

To restrict the ability of executive agencies to issue and maintain costly regulations, and for other purposes

SECTION 1. SHORT TITLE. 

(a) This bill may be cited as the "Rein in Regulation Act".

SEC. 2. GENERAL LIMIT ON COSTLY REGULATIONS.

(a) No federal agency, nor any other organ of the US Executive Branch, may issue a regulation or rule whose economic cost has been estimated, either by said agency or by the Office of Management and Budget, as more than $2 billion, unless the regulation or rule is a revision of an existing regulation or rule and is less costly than the existing regulation or rule. 

(b) All federal agencies, and all other organs of the US Executive Branch, including the Office of Management and Budget, shall be subject to a yearly audit, conducted by a third party, neutral auditor, studying the accuracy of their past cost estimates. The result of such audits shall be made available to the public, and shall be sent to the Speaker of the House, the President Pro Tempore of the Senate, and to the President. 

(c) EXCEPTION - A federal agency or other organ of the US Executive Branch may issue a regulation or rule that would otherwise be voided under Sec 2(a) by the following process:

(i) The President must issue a statement certifying that the regulation is necessary; 

(ii) Each House of Congress shall give the regulation an up-or-down vote within 20 days of such certification, with no amendment or debate;

(iii) The proposed regulation must pass with a majority in both Houses of Congress;

(iv) All other applicable laws and procedures regarding the issuance of new or revised regulations or rules have been followed. 

SEC. 3. LIMITS ON ENERGY-RELATED RULES.

(a) For a regulation or rule affecting the production, shipment, or consumption of energy in the United States, the limit in Sec 2(a) shall be $1 billion. 

SEC. 4. MANDATORY SUNSET PROVISIONS.

(a) Any new regulation or rule issued by any federal agency or other organ of the US Executive Branch shall automatically expire five (5) years after its promulgation, unless the agency or organ takes action to re-issue it. 

(b) Before re-issuing an expiring regulation, a federal agency or other organ of the US Executive Branch shall conduct a cost-benefit analysis to determine if the regulation was necessary, if the regulation was costlier than anticipated, and if the regulation should be re-issued given what is now known

SEC. 5. ADMINISTRATIVE PROCEDURE ACT.

(a) No section of this act shall be construed so as to remove any other rulemaking or regulatory requirement imposed on federal agencies by the Administrative Procedure Act, or any other legislation

SEC. 6. ENACTMENT.

(a) This bill shall go into effect immediately upon its Constitutional passage.

Plain English: federal agencies may no longer issue regulations with an economic impact of more than $2 billion, except through a special process involving Congressional approval. for energy regulations the threshold is $1 billion. 

Edited by Sheridan

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Mr. Chairman,

I request that the following PES be added by unanimous consent:

Quote

PES: Restricts the ability of executive agencies to issue and maintain costly regulations.

I yield.

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29 minutes ago, TexAgRepublican said:

Mr. Chairman,

I request that the following PES be added by unanimous consent:

I yield.

Recognized. 24 hours for objections. 

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Objection Mr. Chairman. We can’t docket a bill without a summary and it can’t be added unless docketed. Therefore i object to consent and ask that this be moved down until such time as that exists on this bill

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1 minute ago, Calvin Ward said:

Objection Mr. Chairman. We can’t docket a bill without a summary and it can’t be added unless docketed. Therefore i object to consent and ask that this be moved down until such time as that exists on this bill

Mr. Chairman,

A bill cannot be docketed on the Senate Floor without a PES, but the restriction does not apply to committees.

I yield. 

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Mr chairman, all I’m asking is that the bills that come before us attain to the Rules we agreed to prior to getting to us. If we’re going to skirt rules and add summaries in committee what’s the point of the rule?

I yield. 

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Just now, Calvin Ward said:

Mr chairman, all I’m asking is that the bills that come before us attain to the Rules we agreed to prior to getting to us. If we’re going to skirt rules and add summaries in committee what’s the point of the rule?

I yield. 

Mr. Chairman,

We're not skirting the rules. We're complying with them.

I really hope our time in these committees is not spent on trivial rules lawyering. 

I yield. 

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Mr. Chairman,

Because the rules state what they state. We can say it’s unclear and that’s a fair argument. But the nature of our comitteee should be that we follow the guidelines we currently have. 

It raises ultimately the care that was taken in the bills conception. If the care wasnt taken to follow the rules before docketing and coming to us, then was care taken at all?

I yield 

Edited by Calvin Ward
  • Haha 1

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3 hours ago, Calvin Ward said:

Objection Mr. Chairman. We can’t docket a bill without a summary and it can’t be added unless docketed. Therefore i object to consent and ask that this be moved down until such time as that exists on this bill

Recognized. The surrounding context of the relevant rules within the Senate Rules suggests that this requirement is only pertinent to Senate Floor documents, as previous requirements in the same section are clearly referencing the Senate Floor. Since no mention of this prerequisite contains any reference to committees, I will refrain from doing this until the Senate Parliamentarian issues his ruling. 

(OOC: This bill is already in Plain English and Sheridan went ahead and put a PES in anyway. Anthony has previously told me bills already fairly simple don’t need a PES for the sake of redundancy.)

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Hands off gavel

Mr. Chairman,

I feel that the gentleman from New York is not being fair to the bill. The rules are uncertain at worst when it comes to a plain English summary’s necessity to be docketed for a committee, and I personally feel they are quite clear that it is only necessary for Senate Floor dockets. Regardless, the rules do not state that a PES aid necessary for committee sockets, and it would be unfair and unproductive to move this bill back because it didn’t have requirements retroactively pushed on it. I feel this is a move aimed at delaying a common sense bill that the opposition feels they can’t or shouldn’t honestly debate against their committee colleagues. Either that or the gentleman from New York seeks only to obstruct and frustrate real progress in these hallowed halls.

Also, since there is currently no clear requirement for a PES for this bill, and since this bill is already in plain English, I feel this bill should not be punished regardless of the Senate Parliamentarian’s rule, and should the Parliamentarian rule that a PES is necessary, this bill and all others already docketed should be exempt since that would be an unfair ex post facto rule. 

I yield. 

Takes back gavel

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