[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.''.
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