Sec. 301 Recalibration of the caseload reduction credit
Section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3)) is amended in each of subparagraphs (A)(ii) and (B), by striking “2005” and inserting “2022”.
Division C — Grow the Economy
C Grow the Economy
I Temporary Assistance to Needy Families
Sec. 302 Eliminating excess maintenance of effort spending in determining caseload reduction credit
Section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3)) is amended by adding at the end the following:
“(C) Exclusion of certain cases—The Secretary shall determine the minimum participation rate of a State for a fiscal year under this subsection without regard to cases that are funded by an amount expended in excess of the applicable percentage of the historic expenditures (as defined in section 409(a)(7)(B)(ii)) of the State for the fiscal year.”
Sec. 303 Elimination of small checks scheme
Section 407(b) of the Social Security Act (42 U.S.C. 607(b)) is amended by adding at the end the following:
“(6) Special rule regarding calculation of the minimum participation rate—The Secretary shall determine participation rates under this section without regard to any individual engaged in work who is described in section 408(a)(2), who is not in compliance with section 408(a)(3), or with respect to whom the assessment required by section 408(b)(1) has not been made.”
Sec. 304 Reporting of work outcomes
Section 411 of the Social Security Act (42 U.S.C. 611) is amended by adding at the end the following:
“(e) Reporting performance indicators
“(1) In general—Each Sate, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary for each indicator described in paragraph (2), for fiscal year 2025 and each fiscal year thereafter.
“(2) Indicators of performance—The indicators described in this paragraph for a fiscal year are the following:
“(A) The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the second quarter after the exit.
“(B) The percentage of individuals who were work-eligible individuals who were in unsubsidized employment in the second quarter after the exit, who are also in unsubsidized employment during the fourth quarter after the exit.
“(C) The median earnings of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the second quarter after the exit.
“(D) The percentage of individuals who have not attained 24 years of age, are attending high school or enrolled in an equivalency program, and are work-eligible individuals or were work-eligible individuals as of the time of exit from the program, who obtain a high school degree or its recognized equivalent while receiving assistance under the State program funded under this part or within 1 year after the exit.
“(3) Definition of exit—In paragraph (2), the term ‘exit’ means, with respect to a State program funded under this part, ceases to receive assistance under the program funded by this part.
“(4) Regulations—In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the reporting of performance indicators under this subsection.”
Sec. 305 Effective date
The amendments made by this title shall take effect on October 1, 2024.
II SNAP Exemptions
Sec. 311 Age-related exemption from work requirement to receive SNAP
Section 6(o)(3)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(6)(o)(3)(A)) is amended by striking “50” and inserting “56”.
Sec. 312 Rule of construction for exemption adjustment
Section 6(o)(6) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(6)(o)(6)) is amended by adding at end the following:
“(I) Rule of construction for exemption adjustment—During fiscal year 2024 and each subsequent fiscal year, nothing in this paragraph shall be interpreted to allow a State agency to accumulate unused exemptions to be provided beyond the subsequent fiscal year.”
Sec. 313 Supplemental nutrition assistance program under the Food and Nutrition Act of 2008
Section 2 of the Food and Nutrition Act of 2008 (7 U.S.C. 2011) is amended by adding at end the following:
III Community engagement requirement for applicable individuals
Sec. 321 Community engagement requirement for applicable individuals
in paragraph (26), by striking “; or” and inserting a semicolon;
in paragraph (27), by striking the period at the end and inserting “; or”;
by inserting after paragraph (27) the following new paragraph:
“(28) with respect to any amount expended for medical assistance for an applicable individual for a month in a calendar year if such individual did not meet the community engagement requirement under section 1905(jj) for 3 or more preceding months during such calendar year while such individual was an applicable individual and was enrolled in a State plan (or waiver of such plan) under this title.”
in the flush left matter at the end, by striking “and (18),” and inserting “(18), and (28)”.
Community engagement requirement— Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection:
“(jj) Community engagement requirement for applicable individuals
“(1) Community engagement requirement described—For purposes of section 1903(i)(28), the community engagement requirement described in this subsection with respect to an applicable individual and a month is that such individual satisfies at least one of the following with respect to such month:
“(A) The individual works 80 hours or more per month, or has a monthly income that is at least equal to the Federal minimum wage under section 6 of the Fair Labor Standards Act of 1938, multiplied by 80 hours.
“(B) The individual completes 80 hours or more of community service per month.
“(C) The individual participates in a work program for at least 80 hours per month.
“(D) The individual participates in a combination of work, including community service, and a work program for a total of at least 80 hours per month.
“(2) Verification—For purposes of verifying the compliance of an applicable individual with the community engagement requirement under paragraph (1), a State Medicaid agency shall, whenever possible, prioritize the utilization of existing databases or other verification measures, including the National Change of Address Database Maintained by the United States Postal Service, State health and human services agencies, payroll databases, or other reliable sources of information, prior to seeking additional verification from such individual.
“(3) Definitions—In this subsection:
“(A) Applicable individual—The term “applicable individual” means any individual who is not—
“(i) under 19 years of age or age 56 or older;
“(ii) physically or mentally unfit for employment, as determined by a physician or other medical professional;
“(iii) pregnant;
“(iv) the parent or caretaker of a dependent child;
“(v) the parent or caretaker of an incapacitated person;
“(vi) complying with work requirements under a different program under Federal law;
“(vii) participating in a drug or alcohol treatment and rehabilitation program (as defined in section 3(h) of the Food and Nutrition Act of 2008); or
“(viii) enrolled in an educational program at least half time.
“(B) Educational program—The term “educational program” means—
“(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965);
“(ii) a program of career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006); or
“(iii) any other educational program approved by the Secretary.
“(C) State medicaid agency—The term “State Medicaid agency” means the State agency responsible for administering the State Medicaid plan.
“(D) Work program—The term “work program” has the meaning given such term in section 6(o)(1) of the Food and Nutrition Act of 2008.”
State option To disenroll certain individuals— Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by adding at the end of the flush left text following paragraph (87) the following: “Notwithstanding any of the preceding provisions of this subsection, at the option of a State, such State may elect to disenroll an applicable individual for a month if, with respect to medical assistance furnished to such individual for such month, no Federal financial participation would be available, pursuant to section 1903(i)(28).”.
IV Regulations from the Executive in Need of Scrutiny
Sec. 331 Short title
This title may be cited as the “Regulations from the Executive in Need of Scrutiny Act of 2023”.
Sec. 332 Purpose
The purpose of this title is to increase accountability for and transparency in the Federal regulatory process. Section 1 of article I of the United States Constitution grants all legislative powers to Congress. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. By requiring a vote in Congress, the REINS Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people for the laws imposed upon them.
Sec. 333 Congressional review of agency rulemaking
Chapter 8 of title 5, United States Code, is amended to read as follows:
“8 Congressional Review of Agency Rulemaking
“801. Congressional review
“(a)
“(1)
“(A) Before a rule may take effect, the Federal agency promulgating such rule shall publish in the Federal Register a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing—
“(i) a copy of the rule;
“(ii) a concise general statement relating to the rule;
“(iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2);
“(iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and
“(v) the proposed effective date of the rule.
“(B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress—
“(i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs;
“(ii) the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title;
“(iii) the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and
“(iv) any other relevant information or requirements under any other Act and any relevant Executive orders.
“(C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued.
“(2)
“(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity.
“(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A).
“(3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later.
“(4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1).
“(5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate.
“(b)
“(1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802.
“(2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in subsection (a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect.
“(c)
“(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress.
“(2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is—
“(A) necessary because of an imminent threat to health or safety or other emergency;
“(B) necessary for the enforcement of criminal laws;
“(C) necessary for national security; or
“(D) issued pursuant to any statute implementing an international trade agreement.
“(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802.
“(d)
“(1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring—
“(A) in the case of the Senate, 60 session days; or
“(B) in the case of the House of Representatives, 60 legislative days,
“(2)
“(A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though—
“(i) such rule were published in the Federal Register on—
“(I) in the case of the Senate, the 15th session day; or
“(II) in the case of the House of Representatives, the 15th legislative day,
“(ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date.
“(B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect.
“(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).
“802. Congressional approval procedure for major rules
“(a)
“(1) For purposes of this section, the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that—
“(A) bears no preamble;
“(B) bears the following title (with blanks filled as appropriate): “Approving the rule submitted by ___ relating to ___.”;
“(C) includes after its resolving clause only the following (with blanks filled as appropriate): “That Congress approves the rule submitted by ___ relating to ___.”; and
“(D) is introduced pursuant to paragraph (2).
“(2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)—
“(A) in the case of the House of Representatives, within 3 legislative days; and
“(B) in the case of the Senate, within 3 session days.
“(3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding.
“(b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued.
“(c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.
“(d)
“(1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.
“(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.
“(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.
“(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.
“(e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day.
“(f)
“(1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then—
“(A) the joint resolution of the other House shall not be referred to a committee; and
“(B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House.
“(2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure.
“(g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day.
“(h) This section and section 803 are enacted by Congress—
“(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and
“(2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
“803. Congressional disapproval procedure for nonmajor rules
“(a) For purposes of this section, the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: “That Congress disapproves the nonmajor rule submitted by the ___ relating to ___ , and such rule shall have no force or effect.” (The blank spaces being appropriately filled in).
“(b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.
“(c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.
“(d)
“(1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.
“(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.
“(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.
“(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.
“(e) In the Senate, the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule—
“(1) after the expiration of the 60 session days beginning with the applicable submission or publication date; or
“(2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes.
“(f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply:
“(1) The joint resolution of the other House shall not be referred to a committee.
“(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution—
“(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but
“(B) the vote on final passage shall be on the joint resolution of the other House.
“804. Definitions
“For purposes of this chapter:
“(1) The term Federal agency means any agency as that term is defined in section 551(1).
“(2) The term major rule means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in—
“(A) an annual effect on the economy of $100 million or more;
“(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or
“(C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.
“(3) The term nonmajor rule means any rule that is not a major rule.
“(4) The term rule has the meaning given such term in section 551, except that such term does not include—
“(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing;
“(B) any rule relating to agency management or personnel; or
“(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.
“(5) The term submission or publication date, except as otherwise provided in this chapter, means—
“(A) in the case of a major rule, the date on which the Congress receives the report submitted under section 801(a)(1); and
“(B) in the case of a nonmajor rule, the later of—
“(i) the date on which the Congress receives the report submitted under section 801(a)(1); and
“(ii) the date on which the nonmajor rule is published in the Federal Register, if so published.
“805. Judicial review
“(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review.
“(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect.
“(c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect.
“806. Exemption for monetary policy
“Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.
“807. Effective date of certain rules
“Notwithstanding section 801—
“(1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or
“(2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest,”
Sec. 334 Budgetary effects of rules subject to section 802 of title 5, United States Code
Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended by adding at the end the following new subparagraph:
“(E) Budgetary effects of rules subject to section 802 of title 5, United States Code—Any rule subject to the congressional approval procedure set forth in section 802 of chapter 8 of title 5, United States Code, affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with such section.”
Sec. 335 Government Accountability Office study of rules
In general— The Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this section—
how many rules (as such term is defined in section 804 of title 5, United States Code) were in effect;
how many major rules (as such term is defined in section 804 of title 5, United States Code) were in effect; and
the total estimated economic cost imposed by all such rules.
Report— Not later than 1 year after the date of the enactment of this section, the Comptroller General of the United States shall submit a report to Congress that contains the findings of the study conducted under subsection (a).