[Congressional Record Volume 169, Number 148 (Wednesday, September 13, 2023)]
[Senate]
[Pages S4452-S4454]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1142. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms.
Collins) and intended to be proposed to the bill H.R. 4366, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2024, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of division C, add the following:
TITLE V
CONGRESSIONAL REVIEW OF RULEMAKING BY THE DEPARTMENT OF TRANSPORTATION
SEC. 501. CONGRESSIONAL REVIEW. (A)(1)(A) BEFORE ANY RULE
RELATED TO THE NEW VEHICLE FUEL ECONOMY
STANDARDS, INCLUDING STANDARDS FOR LIGHT-DUTY
VEHICLES, MEDIUM-DUTY TRUCKS, HEAVY-DUTY
TRUCKS, AND ENGINES, MAY TAKE EFFECT, THE
DEPARTMENT 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
504(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 Department 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 Department's actions pursuant to sections 603,
604, 605, 607, and 609 of title 5, United States Code;
(iii) the Department's actions pursuant to sections 202,
203, 204, and 205 of the Unfunded Mandates Reform Act of
1995;
(iv) an estimate of the effect on inflation of the rule;
and
(v) 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.
(D) If requested in writing by a member of Congress--
(i) the Comptroller General shall make a determination
whether an agency action qualifies as a rule for purposes of
this title, and shall submit to Congress this determination
not later than 60 days after the date of the request; and
(ii) the Comptroller General, in consultation with the
Director of the Congressional Budget Office, shall make a
determination whether a rule is considered a major rule under
the provisions of this Act, and shall submit to Congress this
determination not later than 90 days after the date of the
request.
For purposes of this section, a determination under this
subparagraph shall be deemed to be a report under
subparagraph (A).
(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 Department'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) The Department of Transportation 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 502 or as
provided for in the rule following enactment of a joint
resolution of approval described in section 502, whichever is
later.
(4) A nonmajor rule shall take effect as provided by
section 503 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 title 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 502.
(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 502.
(d)(1) In addition to the opportunity for review otherwise
provided under this title, 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,
before the date the Congress is scheduled to adjourn a
session of Congress through the date on which the same or
succeeding Congress first convenes its next session, sections
502 and 503 shall apply to such rule in the succeeding
session of Congress.
(2)(A) In applying sections 502 and 503 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,
after the succeeding session of Congress first convenes; and
(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).
SEC. 502. 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
501(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 ___.'';
[[Page S4453]]
(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 501(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 501(b)(2), then such vote shall be taken
on that day.
(h) This section and section 503 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.
SEC. 503. 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 501(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 501(a)(1)(A) was submitted
during the period referred to in section 501(c)(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.
SEC. 504. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
(1) The term ``Department'' means the Department of
Transportation and includes any agency or administration in
the Department.
[[Page S4454]]
(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 $100,000,000 or
more;
(B) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government
agencies, or geographic regions;
(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; or
(D) an increase in mandatory vaccinations.
(3) The term ``nonmajor rule'' means any rule that is not a
major rule.
(4) The term ``rule'' means a rule, as defined in section
551 of title 5, United States, issued by the Department,
except that such term--
(A) includes interpretive rules, general statements of
policy, and all other Department guidance documents related
to new vehicle fuel economy standards; and
(B) does not include--
(i) 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;
(ii) any rule relating to Department management or
personnel; or
(iii) any rule of Department organization, procedure, or
practice that does not substantially affect the rights or
obligations of non-Department parties.
(5) The term ``submission or publication date'', except as
otherwise provided in this title, means--
(A) in the case of a major rule, the date on which the
Congress receives the report submitted under section
501(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 501(a)(1); and
(ii) the date on which the nonmajor rule is published in
the Federal Register, if so published.
SEC. 505. JUDICIAL REVIEW. (A) NO DETERMINATION, FINDING,
ACTION, OR OMISSION UNDER THIS TITLE SHALL BE
SUBJECT TO JUDICIAL REVIEW.
(b) Notwithstanding subsection (a), a court may determine
whether the Department has completed the necessary
requirements under this title for a rule to take effect.
(c) The enactment of a joint resolution of approval under
section 502 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.
SEC. 506. EFFECTIVE DATE OF CERTAIN RULES. NOTWITHSTANDING
SECTION 501, ANY RULE OTHER THAN A MAJOR RULE
WHICH THE DEPARTMENT 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, SHALL TAKE EFFECT AT SUCH TIME
AS THE DEPARTMENT DETERMINES.
SEC. 507. REVIEW OF RULES CURRENTLY IN EFFECT. (A) BEGINNING
ON THE DATE THAT IS 6 MONTHS AFTER THE DATE OF
ENACTMENT OF THIS SECTION AND ANNUALLY
THEREAFTER FOR THE 4 YEARS FOLLOWING, THE
DEPARTMENT SHALL DESIGNATE NOT LESS THAN 20
PERCENT OF ELIGIBLE RULES MADE BY THE
DEPARTMENT FOR REVIEW, AND SHALL SUBMIT A
REPORT INCLUDING EACH SUCH ELIGIBLE RULE IN THE
SAME MANNER AS A REPORT UNDER SECTION
501(A)(1). SECTION 501, SECTION 502, AND
SECTION 503 SHALL APPLY TO EACH SUCH RULE,
SUBJECT TO SUBSECTION (C) OF THIS SECTION. NO
ELIGIBLE RULE PREVIOUSLY DESIGNATED MAY BE
DESIGNATED AGAIN.
(b) Beginning after the date that is 5 years after the date
of enactment of this section, if Congress has not enacted a
joint resolution of approval for that eligible rule, that
eligible rule shall not continue in effect.
(c)(1) Unless Congress approves all eligible rules
designated by the Department for review within 90 days of
designation, they shall have no effect.
(2) A single joint resolution of approval shall apply to
all eligible rules in a report designated for a year as
follows: ``That Congress approves the rules submitted by
the___ for the year ___.'' (The blank spaces being
appropriately filled in).
(3) A member of either House may move that a separate joint
resolution be required for a specified rule.
(d) In this section, the term ``eligible rule'' means a
rule that is in effect as of the date of enactment of this
section.
SEC. 508. BUDGETARY EFFECTS OF RULES. 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 certain rules.--Any rule subject
to the congressional approval procedure set forth in section
501 of division C of the Consolidated Appropriations Act,
2024, affecting budget authority, outlays, or receipts shall
be assumed to be effective unless it is not approved in
accordance with such section.''.
______