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S-485Senate2025-02-06Government Operations and Politics

Regulations from the Executive in Need of Scrutiny Act of 2025

YourVoice.Now Summary

Transparency & AccountabilityCorporate BenefitsCivil LibertiesTargeted & Unrelated Provisions

Big federal rules could not start without a vote in Congress — and old rules would need one too.

Transparency & Accountability

Congress's vote on costly new rules — $100 million and up

A rule is “major” if it affects the economy by $100 million or more a year. Congress would have 70 days to pass a bill approving it, and without that vote the rule never starts.

Ten-year expiration for big federal rules — Congress must vote to keep each

A new major rule would end 10 years after Congress approved it. Older rules would go up for a vote 10% a year, and any not approved within 10 years would stop.

Data behind new rules made public — studies and cost estimates

Before a rule could start, the agency would have to publish what the rule is based on. That means the data, studies, and cost estimates behind it, plus where to find them online.

Public website for agency guidance documents — everything in one place

Agencies put out informal instructions that are not full rules. Those would all go on one government website within 180 days.

Cost and job estimates for planned rules — published twice a year

Agencies already publish a list of planned rules twice a year. This would add each rule's estimated cost, benefits, and effect on the number of U.S. jobs.

Congress's vote on rules that undo regulations — not required

A rule that removes or loosens an older rule would skip the vote. The agency would have to list it as a rule-cutting step in its public plan.

Corporate Benefits

Yearly limit on what new rules cost — set by the White House

The White House budget office would cap what new rules may cost each year, agency by agency. If it set no number for an agency, that agency's limit would be zero.

Old rule cut for each big new rule — required before it starts

An agency issuing a costly new rule would first have to repeal or scale back an old one. The budget office could waive that in writing, and the waiver would be posted online.

Civil Liberties

Defense against penalties for unclear rules — if the law didn't warn you

Someone accused of breaking a rule could argue that the law behind it gave no fair warning. The test is whether an ordinary person could have known the act was against the law.

Right to sue when a rule skips Congress — courts can cancel it

Agencies would decide whether a rule is major and needs a vote. Anyone who could be harmed could ask a court to cancel the rule or force the vote.

Court review of rule approval decisions — judges cannot second-guess them

Courts could not review most choices made under this new process. They could still check that an agency finished each step. Other ways to challenge a rule would stay open.

Targeted & Unrelated Provisions

Exemption for 1996 telecom law rules — Congress's approval not needed

Rules made under the 1996 telecom law could never count as major. Phone, cable, and internet rules would keep taking effect with no vote in Congress.

Exemption for hunting, fishing, and camping rules — agencies set start dates

Rules that run hunting, fishing, or camping programs would skip this process. The agency that writes them would decide when they take effect.

More about this bill

Big federal rules would need a vote in Congress to start — and to stay in force. That applies to any rule with an effect on the economy of $100 million or more a year. Congress would have 70 days to approve a new rule. No vote would mean the rule never takes effect. Rules already on the books would face the same test. Agencies would send at least 10% of them to Congress each year. Any rule not approved within 10 years would end. You would not see a change in your paycheck, your taxes, or your benefits. The effect would show up in the rules behind everyday things, such as food safety, drug approvals, workplace safety, and pollution limits. Agencies could still move fast in an emergency. The President could let a rule run for 90 days to meet an urgent threat to health or safety. The same goes for national security and criminal law. Hunting, fishing, and camping rules would be exempt. So would rules under the 1996 telecommunications law and Federal Reserve monetary policy. Agencies would also have to show more of their work. Each new rule would come with a public list of the data, studies, and cost estimates behind it. Agency guidance documents — the informal instructions agencies give the public — would go on one government website within 180 days. The White House budget office would cap what new rules may cost each year. To add a costly rule, an agency would first have to cut an old one. Rules that undo regulations would skip the approval vote. People who could be harmed by a rule could sue if an agency skipped the vote. Courts could not review most other decisions made under this process. Sen. Paul introduced the bill with 18 cosponsors.

Congressional Summary

Regulations from the Executive in Need of Scrutiny Act of 2025 This bill expands congressional review of federal agency rules and establishes additional procedures for major rules and agency guidance. Specifically, the bill requires the enactment of a joint resolution for a major rule to take effect. A major rule is a rule that has resulted in or is likely to result in (1) an annual economic effect of at least $100 million; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, or innovation. Additionally, major rules approved by a joint resolution under the bill expire, and are no longer effective, 10 years after the enactment of such joint resolution. Further, each agency must annually designate at least 10% of the agency’s major rules that are currently in effect for review and approval by a joint resolution of Congress. Such rules that are not approved shall no longer be in effect. Under the bill, agency guidance documents are considered rules and certain significant guidance documents are considered major rules. Significant guidance documents include guidance anticipated to lead to an annual effect of at least $100 million, or adversely affect in a material way the economy, the environment, public health, or state or local government. The Office of Management and Budget must establish an federal regulatory budget specifying the net amount of incremental regulatory costs allowed by the federal government for the next fiscal year.

Legislative Subjects

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

Details

Congress
119th
Chamber
Senate
Status
summarized
Action
Introduced in Senate
Action Date
2025-02-06
Date Added
2026-05-02
Source
Congress.gov →

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