,,iii #aahth ,,congress #b;d ,session ,s4 ,,con4 ,,res4 #dj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjbd,mr4 ,rounds 7for himself1 ,mr4 ,crapo1 ,ms4 ,lummis1 ,mr4 ,manchin1 ,mr4 ,risch1 ,mr4 ,schmitt1 and ,mr4 ,daines7 submitted the following concurrent resolution2 which was referred to the ,committee on ,rules and ,administration ,,concurrent ,,resolution ,establishing new congressional oversight to address regulatory reform4 ,whereas there are more than #c1jjj final rules issued every year by more than #ej ,federal agencies2 ,whereas a rule is defined in section #eea of title #e1 ,united ,states ,code1 as the whole or part of an agency statement of general or particular applicability and future effect designed to implement1 interpret1 or prescribe law or policy2 ,whereas subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act7 established standards for the issuance of rules using formal rulemaking and informal rulemaking procedures2 ,whereas informal rulemaking1 also known as notice and comment rulemaking or section #eec rulemaking1 is the most common type of rulemaking2 ,whereas1 in rulemaking proceedings1 formal hearings must be held and interested parties must be given the chance to comment on the proposed rule or regulation1 and once adopted1 the rule or regulation is required to be published in the ,federal ,register2 ,whereas1 according to the #bjbc ,ten ,thousand ,commandments report by the ,competitive ,enterprise ,institute1 the top #e ,federal rulemaking agencies 7which1 in #bjbb1 were the ,department of the ,interior1 the ,department of the ,treasury1 the ,department of ,transportation1 the ,department of ,commerce1 and the ,department of ,health and ,human ,services7 account for #da percent of all ,federal rules2 ,whereas chapter #h of title #e1 ,united ,states ,code 7commonly known as the ,congressional ,review ,act7 established a mechanism through which ,congress could overturn ,federal regulations by enacting a joint resolution of disapproval2 ,whereas the ,congressional ,review ,act requires that rules that have a #ajj1jjj1jjj effect or more on the economy are submitted by agencies to both ,houses of ,congress and the ,government ,accountability ,office and have a delayed effective date of not less than #fj days to pass a resolution of disapproval rejecting the rule1 which must be approved by the ,president2 and ,whereas1 since the enactment of the ,congressional ,review ,act in #aiif1 the procedures under the ,act have been used #bj times to overturn a rule3 ,now1 therefore1 be it #a4 ,short title ,this resolution may be cited as the ,regulation ,sensibility ,through ,oversight ,restoration ,resolution of #bjbd or the ,,restore ,resolution of #bjbd4 #b4 ,joint ,select ,committee on ,regulatory ,reform ,there is established a joint select committee to be known as the ,joint ,select ,committee on ,regulatory ,reform 7hereinafter in this concurrent resolution referred to as the ,joint ,select ,committee74 #c4 ,duties of ,joint ,select ,committee 7a7 ,definitions ,in this section1 the terms agency and rule have the meanings given those terms in section #eea of title #e1 ,united ,states ,code4 7b7 ,duties ,the ,joint ,select ,committee shall-- 7#a7 conduct a systematic review of the process by which rules are promulgated by agencies2 7#b7 hold hearings on the effects of and how to reduce regulatory overreach in all sectors of the economy2 7#c7 conduct a review of the ,code of ,federal ,regulations to identify rules and sets of rules that should be repealed2 and 7#d7 submit to the ,senate and the ,house of ,representatives-- 7,a7 recommendations for legislation-- 7i7 to create a process under which an agency1 before promulgating a rule1 shall-- 7,i7 seek advice from ,congress2 7,,ii7 publish the proposed rule2 7,,iii7 hold a public comment period on the proposed rule2 7,,iv7 seek advice from ,congress based on the public comments2 and 7,v7 hold issuance of the rule until ,congress can review the rule for a period of not more than #a year2 and 7ii7 to create a process to appropriately sunset as many rules as possible2 7,b7 recommendations for ways to reduce the financial burden placed on the various sectors of the economy in order to comply with rules2 7,c7 an analysis of the feasibility of the creation of a permanent ,joint ,committee on ,rules ,review in accordance with subsection 7c72 7,d7 an analysis of the feasibility of requiring each agency to submit each proposed rule of the agency to the appropriate committees of ,congress for review in a similar manner as set forth for a permanent ,joint ,committee on ,rules ,review under subsection 7c72 and 7,e7 a list of rules and sets of rules that the ,joint ,select ,committee recommends should be repealed4 7c7 ,analysis of permanent ,joint ,committee on ,rules ,review ,the ,joint ,select ,committee shall analyze the feasibility of the creation of a permanent ,joint ,committee on ,rules ,review4 ,the ,joint ,committee on ,rules ,review would-- 7#a7 review each proposed rule that an agency determines is likely to have an annual effect on the economy of #ej1jjj1jjj or more before the agency promulgates the final rule2 7#b7 require each agency to submit to the ,committee-- 7,a7 the text of each proposed rule of the agency described in paragraph 7#a72 and 7,b7 an analysis of the economic impact of the rule on the economy2 7#c7 require each agency to revise a proposed rule submitted under paragraph 7#b7 if the ,committee determines that the proposed rule-- 7,a7 needs to be significantly rewritten to accomplish the intent of the agency or address the recommendations or objections of the ,committee2 7,b7 is not a valid exercise of delegated authority from ,congress2 7,c7 is not in proper form2 7,d7 is inconsistent with the intent of ,congress with respect to the provision of law that the proposed rule implements2 or 7,e7 is not a reasonable implementation of the law2 7#d7 delay the effective date of a proposed rule for a period of not more than #a year beginning on the date on which the agency submits the proposed rule under paragraph 7#b72 7#e7 allow an agency to promulgate a final rule without any delay in the effective date of the rule if the agency designates the rule as an emergency rule1 unless the ,committee by majority vote determines that the rule is not an emergency rule2 and 7#f7 if applicable1 recommend that ,congress should overturn a final rule promulgated by an agency by enacting a joint resolution of disapproval4 #d4 ,composition of ,joint ,select ,committee 7a7 ,membership 7#a7 ,in general ,the ,joint ,select ,committee shall be composed of #cj members1 of whom-- 7,a7 #ae shall be appointed by the majority and the minority leaders of the ,senate from among ,members of the ,senate in a manner that reflects the ratio of the number of ,members of the ,senate from the majority party to the number of ,members of the ,senate from the minority party on the date of enactment of this ,act2 and 7,b7 #ae shall be appointed by the ,speaker and the minority leader of the ,house of ,representatives among ,members of the ,house of ,representatives in a manner that reflects the ratio of the number of members of the ,house of ,representatives from the majority party to the number of ,members of the ,house of ,representatives from the minority party on the date of enactment of this ,act4 7#b7 ,date ,the appointments of the members of the ,joint ,select ,committee shall be made not later than #cj days after the date of adoption of this concurrent resolution4 7b7 ,vacancies ,any vacancy in the ,joint ,select ,committee shall not affect its powers1 but shall be filled in the same manner as the original appointment4 7c7 ,chairperson and ,vice ,chairperson 7#a7 ,chairperson ,the members of the ,joint ,select ,committee shall elect a ,chairperson for the ,joint ,select ,committee by majority vote from each of-- 7,a7 the members of the majority party of the ,senate2 and 7,b7 the members of the majority party of the ,house of ,representatives4 7#b7 ,vice chairperson ,the members of the ,joint ,select ,committee shall elect a ,vice ,chairperson for the ,joint ,select ,committee by majority vote from each of-- 7,a7 the members of the minority party of the ,senate2 and 7,b7 the members of the minority party of the ,house of ,representatives4 7d7 ,quorum ,a majority of the members of the ,joint ,select ,committee each from the ,senate and the ,house of ,representatives shall constitute a quorum for the purpose of conducting the business of the ,joint ,select ,committee4 #e4 ,rules and procedures 7a7 ,governance under ,standing ,rules of the ,senate ,except as otherwise specifically provided in this resolution1 the investigations and hearings conducted by the ,joint ,select ,committee shall be governed by the ,standing ,rules of the ,senate4 7b7 ,additional rules and procedures ,the ,joint ,select ,committee may adopt such additional rules or procedures if the ,chairperson and ,vice ,chairperson agree1 or if the ,joint ,select ,committee by majority vote so decides1 that such additional rules or procedures are necessary or advisable to conduct the duties of the ,joint ,select ,committee4 #f4 ,authority of ,joint ,select ,committee 7a7 ,in general ,the ,joint ,select ,committee may exercise all of the powers and responsibilities of a committee under rule ,,xxvi of the ,standing ,rules of the ,senate4 7b7 ,powers ,the ,joint ,select ,committee may1 for the purpose of carrying out this resolution-- 7#a7 hold such hearings1 sit and act at such times and places1 take such testimony1 receive such evidence1 and administer such oaths as the ,joint ,select ,committee considers advisable2 and 7#b7 authorize and require1 by issuance of subpoena or otherwise1 the attendance and testimony of witnesses and the preservation and production of books1 records1 correspondence1 memoranda1 papers1 documents1 tapes1 and any other materials in whatever form the ,joint ,select ,committee considers advisable4 7c7 ,subpoenas ,subpoenas authorized by the ,joint ,select ,committee-- 7#a7 may be issued with the joint concurrence of the ,chairperson and ,vice ,chairperson2 7#b7 shall bear the signature of the ,chairperson and ,vice ,chairperson1 or the designee of the ,chairperson or ,vice ,chairperson2 and 7#c7 shall be served by any person or class of persons designated by the ,chairperson and ,vice ,chairperson for that purpose anywhere within or without the borders of the ,united ,states to the full extent provided by law4 7d7 ,access to information ,the ,joint ,select ,committee shall have1 to the fullest extent permitted by law1 access to any such information or materials obtained by any other department or agency of the ,federal ,government or by any other governmental department1 agency1 or body investigating the matters described in section #c7;b74 7e7 ,cooperation of other committees ,in carrying out the duties of the ,joint ,select ,committee1 the ,joint ,select ,committee may obtain the input and cooperation of any other standing committee of the ,senate or the ,house of ,representatives4 #g4 ,reports 7a7 ,in general ,not later than #ij days after the date on which the ,joint ,select ,committee terminates1 the ,joint ,select ,committee shall submit to the ,senate and the ,house of ,representatives a report1 which shall contain-- 7#a7 the results and findings of the reviews and hearings carried out by the ,joint ,select ,committee pursuant to this resolution2 and 7#b7 any information required to be submitted under section #c7;b77#d74 7b7 ,interim reports ,the ,joint ,select ,committee may submit to the ,senate and the ,house of ,representatives such interim reports as the ,joint ,select ,committee considers appropriate4 #h4 ,administrative provisions 7a7 ,staff 7#a7 ,in general ,the ,joint ,select ,committee may employ1 in accordance with paragraph 7#b71 a staff composed of such clerical1 investigatory1 legal1 technical1 and other personnel as the ,joint ,select ,committee considers necessary or appropriate4 7#b7 ,appointment of staff 7,a7 ,in general ,the ,joint ,select ,committee shall appoint a staff for the majority1 a staff for the minority1 and a nondesignated staff4 7,b7 ,majority staff ,the majority staff shall be appointed1 and may be removed1 by the ,chairperson and shall work under the general supervision and direction of the ,chairperson4 7,c7 ,minority staff ,the minority staff shall be appointed1 and may be removed1 by the ,vice ,chairperson and shall work under the general supervision and direction of the ,vice ,chairperson4 7,d7 ,nondesignated staff ,nondesignated staff shall be appointed1 and may be removed1 jointly by the ,chairperson and ,vice ,chairperson1 and shall work under the joint general supervision and direction of the ,chairperson and ,vice ,chairperson4 7b7 ,compensation 7#a7 ,majority staff ,the ,chairperson shall fix the compensation of all personnel of the majority staff of the ,joint ,select ,committee4 7#b7 ,minority staff ,the ,vice ,chairperson shall fix the compensation of all personnel of the minority staff of the ,joint ,select ,committee4 7#c7 ,nondesignated staff ,the ,chairperson and ,vice ,chairperson shall jointly fix the compensation of all nondesignated staff of the ,joint ,select ,committee4 7#d7 ,pay and benefits ,all employees of the ,joint ,select ,committee shall be treated as employees of the ,senate for purposes of disbursing pay and processing benefits4 7c7 ,facilities ,the ,joint ,select ,committee may use1 with the prior consent of the chair of any other committee of the ,senate or the ,house of ,representatives or the chair of any subcommittee of any committee of the ,senate or the ,house of ,representatives1 the facilities of any other committee of the ,senate or the ,house of ,representatives1 whenever the ,joint ,select ,committee or the ,chairperson and ,vice ,chairperson consider that such action is necessary or appropriate to enable the ,joint ,select ,committee to carry out the responsibilities1 duties1 or functions of the ,joint ,select ,committee under this resolution4 7d7 ,detail of employees ,the ,joint ,select ,committee may use on a reimbursable basis1 with the prior consent of the head of the department or agency of the ,federal ,government concerned and the approval of the ,committee on ,rules and ,administration of the ,senate1 the services of personnel of the department or agency4 7e7 ,temporary and intermittent services ,the ,joint ,select ,committee may procure the temporary or intermittent services of individual consultants or organizations4 7f7 ,ethics ,the ,joint ,select ,committee shall establish ethical rules for the members and employees of the ,joint ,select ,committee1 which shall1 to the extent practicable1 be comparable to the ethical rules that apply to employees of the ,senate4 7g7 ,authorization of appropriations ,for the expenses of the ,joint ,select ,committee1 there are authorized to be appropriated #c1jjj1jjj for fiscal year #bjbe1 to remain available until expended4 #i4 ,effective date2 termination 7a7 ,effective date ,this resolution shall take effect on the date of adoption of this concurrent resolution4 7b7 ,termination ,the ,joint ,select ,committee shall terminate on the date that is #a year after the appointment of the members of the ,joint ,select ,committee4 7c7 ,disposition of records ,upon termination of the ,joint ,select ,committee1 the records of the ,joint ,select ,committee shall become the records of any committee or committees designated by the majority leader of the ,senate and the ,speaker of the ,house of ,representatives1 with the concurrence of the minority leader of the ,senate and the ,house of ,representatives4