Senate Fails to Act on SJ Res 50 – Objection to SEC Cyber Reporting Rule

Back in November, Sen Tillis (R,NC) introduced SJ Res 50, that would nullify the Security and Exchange Commission’s cyber incident reporting rule. On December 20^th, the Senate reached a unanimous consent agreement that, as long as the Senate Banking, Housing, and Urban Affairs Committee discharged the resolution, it would be considered by the Senate by January 31^st, 2024. Yesterday, with no action yet taken in Committee, that agreement was officially vitiated (terminated).

These joint resolutions of disapproval are governed by 5 USC 802 which generally limits the authority of Congress to disapprove of a regulation adopted by the executive branch to within 60-days (days that congress is in session) of when the regulation was published. The unanimous consent agreement adopted in December removed that 60-day consideration limit for SJ Res 50. Yesterday’s vitiation of that agreement canceled that removal, essentially killing SJ Res 50 since the 60-day limit has since passed.