S. 485 — Regulations from the Executive in Need of Scrutiny Act of 2025

This section states the purpose of the Act as increasing accountability for and transparency in the Federal regulatory process by requiring congressional votes on regulations, citing Congress's delegation of legislative powers under Article I, Section 1, of the Constitution.

This section comprehensively revises the Congressional Review Act (chapter 8 of title 5, U.S. Code), originally enacted to permit Congress to disapprove agency rules via joint resolution. As revised, before any rule takes effect, the promulgating agency must (1) publish in the Federal Register a list of supporting information (i.e., data, studies, cost-benefit analyses) with online access details; (2) submit to Congress and the Comptroller General (GAO) a report including the rule text, a general statement, major/nonmajor classification with criteria-specific justification, related regulatory actions and effects, and proposed effective date; and (3) provide the complete cost-benefit analysis (including jobs impacts), Regulatory Flexibility Act compliance, actions under specified Unfunded Mandates Reform Act provisions (2 U.S.C. 1532-1535, i.e., impact analyses for rules with $100 million or more—adjusted annually—in mandates), and other relevant materials. (Thus, agencies must now affirmatively demonstrate analytical compliance before rules can proceed.) The GAO must assess each major rule's procedural compliance and private-sector mandates in a report to congressional committees within 15 calendar days of agency submission or publication. Major rules take effect only upon congressional enactment of a joint resolution of approval under new section 802 or as specified thereafter; absent approval within 70 session or legislative days (excluding adjournments over three days), the rule is deemed unapproved and cannot take effect. Nonmajor rules take effect per new section 803 procedures. The President may allow a major rule to take effect for 90 calendar days via Executive order for emergencies (i.e., health/safety threats, criminal law enforcement, national security, or trade agreements), without altering approval requirements. The revision further provides a 60-session/legislative-day lookback for rules submitted near session's end, applies new approval/disapproval procedures in the next Congress, and adds sections on judicial review, defenses, private right of action, exemptions (e.g., monetary policy, deregulatory actions), rule expiration, in-effect rule reviews, regulatory planning, and guidance publication.

This section requires baseline projections for direct spending and receipts to assume that any rule subject to the congressional review procedure of 5 U.S.C. §802 affecting budget authority, outlays, or receipts is effective unless not approved in accordance with that section. (Thus, such rules are projected to have ongoing budgetary effects unless Congress disapproves them.)

This section directs the Comptroller General of the United States to conduct a study, as of the date of enactment, determining (1) the number of rules in effect, (2) the number of major rules in effect, and (3) the total estimated economic cost imposed by all such rules, as defined in 5 U.S.C. 804. The Comptroller General must submit a report to Congress containing the study's findings not later than one year after enactment.