Description: In order for a major rule to take effect, the agency proposing the major rule must submit its report on the rule to Congress, and Congress must enact a joint resolution of approval within 70 session days or legislative days. A major rule may take effect for 90 days without such approval if the president determines it is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement.

Fair Economy Impact: This legislation shifts regulatory power from agency officials with subject-matter expertise to members of Congress, enabling regulated entities to lobby against proposals that would benefit the public but impose burdens on the entities. Requiring congressional approval of a major rule is counter to rulemaking processes established by the Administrative Procedures Act and will lead to a politicized process.

Actions:

• S. 21 reported out by Senate Committee on Homeland Security and Governmental Affair May 17, 2017
• Received in the Senate January 6, 2017
• H.R. 26 passed by the House (237-187) January 5, 2017