Homeland Security and Governmental Affairs Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
This bill, titled the Regulations from the Executive in Need of Scrutiny Act of 2025, fundamentally alters the federal regulatory process by requiring explicit congressional approval for significant executive branch rules. Its primary purpose is to increase accountability and transparency in rulemaking, asserting that all legislative powers reside with Congress and aiming for more carefully drafted legislation. Under the bill, a major rule , defined as one with an annual economic effect of $100 million or more or significant adverse impacts, cannot take effect unless Congress enacts a joint resolution of approval. Federal agencies must submit comprehensive reports, including cost-benefit analyses and economic impact assessments, to Congress and the Comptroller General for review. If a joint resolution of approval is not enacted within 70 session days, the major rule is deemed not approved and cannot take effect, though the President can temporarily implement a major rule for 90 days in emergencies or for national security. For nonmajor rules , the bill establishes a congressional disapproval procedure, allowing Congress to pass a joint resolution to nullify such rules. The definition of a "rule" is expanded to include significant guidance documents , which are also subject to these new review processes. This ensures that influential agency guidance, not just formal regulations, receives legislative scrutiny. The legislation introduces a new framework for regulatory planning and budgeting , requiring the Director of the Office of Management and Budget to establish an annual Federal Regulatory Budget. Agencies must identify deregulatory actions to offset the costs of new significant regulatory actions, or obtain advance written approval from the OMB Director. This aims to control the overall cost of federal regulations. Furthermore, the bill mandates that all major rules will expire after 10 years unless Congress enacts a joint resolution of extension. It also requires federal agencies to publish all guidance documents on a single, designated internet website for public accessibility and transparency. Existing major rules are subject to a review process, with agencies annually designating rules for congressional approval to continue in effect. The bill limits judicial review of congressional determinations but allows courts to ensure agencies follow procedural requirements. It also creates an affirmative defense for individuals if statutory language did not clearly indicate unlawful conduct under a rule. A private right of action is established, allowing aggrieved persons to challenge agency non-compliance or the classification of a rule as non-major.
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Government Operations and Politics
Administrative law and regulatory proceduresBudget processCivil actions and liabilityCongressional-executive branch relationsGovernment information and archivesGovernment studies and investigationsHouse of RepresentativesInternet, web applications, social mediaLegislative rules and procedureSenate
Regulations from the Executive in Need of Scrutiny Act of 2025
USA119th CongressS-485| Senate
| Updated: 2/6/2025
This bill, titled the Regulations from the Executive in Need of Scrutiny Act of 2025, fundamentally alters the federal regulatory process by requiring explicit congressional approval for significant executive branch rules. Its primary purpose is to increase accountability and transparency in rulemaking, asserting that all legislative powers reside with Congress and aiming for more carefully drafted legislation. Under the bill, a major rule , defined as one with an annual economic effect of $100 million or more or significant adverse impacts, cannot take effect unless Congress enacts a joint resolution of approval. Federal agencies must submit comprehensive reports, including cost-benefit analyses and economic impact assessments, to Congress and the Comptroller General for review. If a joint resolution of approval is not enacted within 70 session days, the major rule is deemed not approved and cannot take effect, though the President can temporarily implement a major rule for 90 days in emergencies or for national security. For nonmajor rules , the bill establishes a congressional disapproval procedure, allowing Congress to pass a joint resolution to nullify such rules. The definition of a "rule" is expanded to include significant guidance documents , which are also subject to these new review processes. This ensures that influential agency guidance, not just formal regulations, receives legislative scrutiny. The legislation introduces a new framework for regulatory planning and budgeting , requiring the Director of the Office of Management and Budget to establish an annual Federal Regulatory Budget. Agencies must identify deregulatory actions to offset the costs of new significant regulatory actions, or obtain advance written approval from the OMB Director. This aims to control the overall cost of federal regulations. Furthermore, the bill mandates that all major rules will expire after 10 years unless Congress enacts a joint resolution of extension. It also requires federal agencies to publish all guidance documents on a single, designated internet website for public accessibility and transparency. Existing major rules are subject to a review process, with agencies annually designating rules for congressional approval to continue in effect. The bill limits judicial review of congressional determinations but allows courts to ensure agencies follow procedural requirements. It also creates an affirmative defense for individuals if statutory language did not clearly indicate unlawful conduct under a rule. A private right of action is established, allowing aggrieved persons to challenge agency non-compliance or the classification of a rule as non-major.
Homeland Security and Governmental Affairs Committee
Government Operations and Politics
Introduced
In Committee
On Floor
Passed Chamber
Enacted
Administrative law and regulatory proceduresBudget processCivil actions and liabilityCongressional-executive branch relationsGovernment information and archivesGovernment studies and investigationsHouse of RepresentativesInternet, web applications, social mediaLegislative rules and procedureSenate