[Congressional Record Volume 171, Number 113 (Monday, June 30, 2025)]
[Senate]
[Pages S4111-S4115]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2724. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2360 proposed by Mr. Thune (for Mr. Graham) to the bill
H.R. 1, to provide for reconciliation pursuant to title II of H. Con.
Res. 14; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY
ACT OF 2025.
(a) Short Title.--This section may be cited as the
``Regulations from the Executive in Need of Scrutiny Act of
2025''.
(b) Purpose.--The purpose of this section is to increase
accountability for and transparency in the Federal regulatory
process. Section 1 of article I of the Constitution of the
United States 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, this 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.
(c) Congressional Review of Agency Rulemaking.--Chapter 8
of title 5, United States Code, is amended to read as
follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Affirmative defense.
``807. Private right of action.
``808. Exemption for monetary policy.
``809. Exemption for deregulatory actions.
``810. Effective date of certain rules.
``811. Regulatory planning and budget.
``812. Publication of guidance documents on the internet.
``813. Expiration of rules.
``814. Review of rules in effect.
``Sec. 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(3);
``(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 (2
U.S.C. 1532, 1533, 1534, 1535); 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,
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
802 and 803 shall apply to such rule in the succeeding
session of Congress.
``(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--
[[Page S4112]]
``(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. 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.
``Sec. 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.
[[Page S4113]]
``(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.
``Sec. 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 `guidance document' means a statement of
general applicability and future effect, other than a
regulatory action, issued by a Federal agency that sets
forth--
``(A) a policy on a statutory, regulatory, or technical
issue; or
``(B) an interpretation of a statutory or regulatory issue.
``(3) The term `major rule'--
``(A) 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--
``(i) an annual effect on the economy of $100 million or
more;
``(ii) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government
agencies, or geographic regions; or
``(iii) 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;
``(B) includes any significant guidance document; and
``(C) does not include any rule promulgated under the
Telecommunications Act of 1996 (Public Law 104-104; 110 Stat.
56) or the amendments made by that Act.
``(4) The term `nonmajor rule' means any rule that is not a
major rule.
``(5) The term `rule'--
``(A) has the meaning given such term in section 551,
except that such term 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 agency management or personnel;
or
``(iii) any rule of agency organization, procedure, or
practice that does not substantially affect the rights or
obligations of non-agency parties; and
``(B) includes any guidance document.
``(6) The term `significant guidance document'--
``(A) means a guidance document disseminated to regulated
entities or the general public that may reasonably be
anticipated to--
``(i) lead to an annual effect of $100,000,000 or more, or
adversely affect in a material way the economy, a sector of
the economy, productivity, competition, employment, the
environment, public health or safety, or State, local, or
Tribal governments or communities;
``(ii) create a serious inconsistency, or otherwise
interfere, with an action taken or planned by another agency;
``(iii) materially alter the budgetary impact of any
entitlement, grant, user fees, or loan programs, or the
rights or obligations of recipients thereof; or
``(iv) raise novel legal or policy issues arising out of
legal mandates; and
``(B) does not include any guidance document--
``(i) on regulations issued in accordance with section 556
or 557 of this title;
``(ii) that pertains to a military or foreign affairs
function of the United States, other than procurement
regulations and regulations involving the import or export of
non-defense articles and services;
``(iii) on regulations that are limited to the
organization, management, or personnel matters of a Federal
agency; or
``(iv) belonging to a category of guidance documents
exempted by the Administrator of the Office of Information
and Regulatory Affairs.
``(7) 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.
``Sec. 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.
``Sec. 806. Affirmative defense
``It shall be an affirmative defense against an alleged
violation of a rule for a defendant in any administrative
proceeding of a Federal agency, or before a court of the
United States, if an individual of ordinary intelligence
could not anticipate from the statutory language of a
provision of law purported to form the basis for the rule in
question that the conduct of the individual would be
unlawful.
``Sec. 807. Private right of action
``(a) A person aggrieved by the failure of a Federal agency
to comply with the requirements under this chapter may bring
a civil action in an appropriate district court of the United
States for injunctive relief before the date on which the
final rule in question takes effect.
``(b)(1) A person that can demonstrate potential injury
from a final rule before or after the final rule takes effect
may bring a civil action in an appropriate district court of
the United States to challenge the determination of the
Federal agency that the rule is not a major rule under
section 801(a)(1)(A)(iii).
``(2) In a civil action brought under paragraph (1), the
court may--
``(A) invalidate the final rule in question; or
``(B) determine that the final rule in question is a major
rule and require the Federal agency to comply with the
requirements under this chapter applicable to major rules,
including congressional approval under section 802.
``Sec. 808. 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.
``Sec. 809. Exemption for deregulatory actions
``Sections 802 and 803 shall not apply to a rule identified
as a deregulatory action in the Unified Agenda and Annual
Regulatory Plan under section 811.
``Sec. 810. 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 a Federal
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,
shall take effect at such time as the Federal agency
promulgating the rule determines.
``Sec. 811. Regulatory planning and budget
``(a) In this section:
``(1) The term `costs' means opportunity cost to society.
``(2) The term `cost savings' means the cost imposed by a
regulatory action that is eliminated by the repeal,
replacement, or modification of such regulatory action.
``(3) The term `deregulatory action' means the repeal,
replacement, or modification of an existing regulatory
action.
``(4) The term `Director' means the Director of the Office
of Management and Budget.
``(5) The term `incremental regulatory cost' means the
difference between the estimated cost of issuing a
significant regulatory action and the estimated cost saved by
issuing any deregulatory action.
``(6) The term `regulation' or `rule' has the meaning given
the term `rule' in section 804.
``(7) The term `regulatory action' means--
``(A) any regulation; and
``(B) any other regulatory guidance, statement of policy,
information collection request, form, or reporting,
recordkeeping, or disclosure requirements that imposes a
burden on the public or governs Federal agency operations.
``(8) The term `significant regulatory action' means any
regulatory action, other than monetary policy proposed or
implemented by the Board of Governors of the Federal Reserve
System or the Federal Open Market Committee, that is likely
to--
``(A) have an annual effect on the economy of $100,000,000
or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs,
[[Page S4114]]
the environment, public health or safety, or State, local, or
Tribal governments or communities;
``(B) create a serious inconsistency or otherwise interfere
with an action taken or planned by another Federal agency;
``(C) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or
``(D) raise a novel legal or policy issue.
``(9) The term `State' means each of the several States,
the District of Columbia, and each territory or possession of
the United States.
``(b)(1) During the months of April and October of each
year, the Director shall publish a unified regulatory agenda,
which shall include--
``(A) regulatory and deregulatory actions under development
or review at agencies;
``(B) a Federal regulatory plan of all significant
regulatory actions and associated deregulatory actions that
agencies reasonably expect to issue in proposed or final form
in the current and following fiscal year; and
``(C) all information required to be included in the
regulatory flexibility agenda under section 602 of this
title.
``(2) In accordance with guidance issued by the Director
and not less than 60 days before each date of publication for
the unified regulatory agenda under paragraph (1), the head
of each Federal agency shall submit to the Director an agenda
of all regulatory actions and deregulatory actions under
development at the Federal agency, including the following:
``(A) For each regulatory action and deregulatory action:
``(i) A regulation identifier number.
``(ii) A brief summary of the action.
``(iii) The legal authority for the action.
``(iv) Any legal deadline for the action.
``(v) The name and contact information for a knowledgeable
Federal agency official.
``(vi) Any other information as required by the Director.
``(B) An annual regulatory plan, which shall include a list
of each significant regulatory action the Federal agency
reasonably expects to issue in proposed or final form in the
current and following fiscal year, including for each
significant regulatory action:
``(i) A summary, including the following:
``(I) A statement of the regulatory objectives.
``(II) The legal authority for the action.
``(III) A statement of the need for the action.
``(IV) The Federal agency's schedule for the action.
``(ii) The estimated cost.
``(iii) The estimated benefits.
``(iv) Any deregulatory action identified.
``(v) A best approximation of the total cost or savings and
any cost or savings associated with a deregulatory action.
``(vi) An estimate of the economic effects, including any
estimate of the net effect that such action will have on the
number of jobs in the United States, that was considered in
drafting the action, or, if such estimate is not available, a
statement affirming that no information on the economic
effects, including the effect on the number of jobs, of the
action has been considered.
``(C) Information required under section 602 of this title.
``(D) Information required under any other law to be
reported by agencies about significant regulatory actions, as
determined by the Director.
``(c)(1) In the April unified regulatory agenda described
in subsection (b), the Director--
``(A) shall establish the annual Federal Regulatory Budget,
which specifies the net amount of incremental regulatory
costs allowed by the Federal Government and at each Federal
agency for the next fiscal year; and
``(B) may set the incremental regulatory cost allowance to
allow an increase, prohibit an increase, or require a
decrease of incremental regulatory costs.
``(2) If the Director does not set a net amount of
incremental regulatory costs allowed for a Federal agency,
the net incremental regulatory cost allowed shall be zero.
``(d) Except as otherwise required by law, a significant
regulatory action shall have no effect unless--
``(1) the--
``(A) head of the Federal agency identifies at least 1
deregulatory action to offset the costs of the significant
regulatory action and issues the deregulatory action before
or on the same schedule as the significant regulatory action;
``(B) incremental costs of the significant regulatory
action as offset by any deregulatory action issued before or
on the same schedule as the significant regulatory action do
not cause the Federal agency to exceed or contribute to the
Federal agency exceeding the incremental regulatory cost
allowance of the Federal agency for that fiscal year; and
``(C) significant regulatory action was included on the
most recent version or update of the published unified
regulatory agenda; or
``(2) the issuance of the significant regulatory action was
approved in advance in writing by the Director and the
written approval is publicly available online prior to the
issuance of the significant regulatory action.
``(e)(1) Not later than 90 days after the date of the
enactment of this section, the Director shall establish and
issue guidance on how agencies should comply with the
requirements of this section. Such guidance shall include the
following:
``(A) A process for standardizing the measurement and
estimation of regulatory costs, including cost savings
associated with deregulatory actions.
``(B) Standards for determining what qualifies as a
deregulatory action.
``(C) Standards for determining the costs of existing
regulatory actions that are considered for repeal,
replacement, or modification.
``(D) Standards by which the Director will determine
whether a regulatory action or a collection of regulatory
actions qualifies as a significant regulatory action.
``(2) The Director shall update the guidance issued
pursuant to this subsection as necessary.
``Sec. 812. Publication of guidance documents on the internet
``(a) In this section, the term `Director' means the
Director of the Office of Management and Budget.
``(b) Subject to subsection (e), on the date on which a
Federal agency issues a guidance document, the Federal agency
shall publish the guidance document in accordance with the
requirements under subsection (d).
``(c) Subject to subsection (e), not later than 180 days
after the date of enactment of this section, each Federal
agency shall publish, in accordance with the requirements
under subsection (c), any guidance document issued by that
Federal agency that is in effect on that date.
``(d)(1) All guidance documents published under subsections
(b) and (c) by a Federal agency shall be published in a
single location on an internet website designated by the
Director under paragraph (4).
``(2) Each Federal agency shall, for guidance documents
published by the Federal agency under subsections (b) and
(c), publish a hyperlink on the internet website of the
Federal agency that provides access to the guidance documents
at the location described in paragraph (1).
``(3)(A) The guidance documents described in paragraph (1)
shall be--
``(i) categorized as guidance documents; and
``(ii) further divided into subcategories as appropriate.
``(B) The hyperlinks described in paragraph (2) shall be
prominently displayed on the internet website of the Federal
agency.
``(4) Not later than 90 days after the date of enactment of
this section, the Director shall designate an internet
website on which guidance documents shall be published under
subsections (b) and (c).
``(e) If a guidance document issued by a Federal agency is
a document that is exempt from disclosure under section
552(b) of this title (commonly known as the `Freedom of
Information Act'), or contains information that is exempt
from disclosure under that section, that document or
information, as the case may be, shall not be subject to the
requirements under this section.
``(f) On the date on which a guidance document issued by a
Federal agency is rescinded, or, in the case of a guidance
document that is rescinded pursuant to a court order, not
later than the date on which the order is entered, the
Federal agency shall, at the location described in subsection
(d)(1)--
``(1) maintain the rescinded guidance document; and
``(2) indicate--
``(A) that the guidance document is rescinded;
``(B) if the guidance document was rescinded pursuant to a
court order, the case number of the case in which the order
was entered; and
``(C) the date on which the guidance document was
rescinded.
``Sec. 813. Expiration of rules
``(a)(1) Except as provided in this section, each major
rule made by a Federal agency shall cease to have effect--
``(A) beginning on the date that is 10 years after the date
of enactment of a joint resolution described in subsection
(d) with regard to the rule; or
``(B) if a joint resolution of extension described in
subsection (d) has been enacted with regard to the rule,
beginning on the date that is 10 years after the date of
enactment of the most recently enacted such joint resolution.
``(2) The rule may not be reissued in substantially the
same form, and a new rule that is substantially the same as
such a rule may not be issued, unless the reissued or new
rule is specifically authorized by a law enacted after the
date described in this subsection (a).
``(b) Not later than 180 days before the date described in
subsection (a), the Federal agency shall submit a report
similar to the report described in 801(a)(1)(A) to each House
of Congress and to the Comptroller General, except that
instead of the proposed effective date, such report shall
contain the date described in subsection (a).
``(c) The President may by Executive order exempt not more
than 1 rule during each Congress from the application of
subsection (a) for a period of not more than 30 days if the
President determines, and submits to Congress written notice
of such determination, that such rule is--
``(1) necessary because of an imminent threat to health or
safety or other emergency;
``(2) necessary for the enforcement of criminal laws;
[[Page S4115]]
``(3) necessary for national security; or
``(4) issued pursuant to any statute implementing an
international trade agreement.
``(d)(1) For purposes of this section, the term `joint
resolution' means only a joint resolution introduced on or
after the date on which the report referred to subsection (b)
is received by Congress (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 extends the rule submitted by
the __ relating to __.'' (The blank spaces being
appropriately filled in). The following shall apply to such a
joint resolution:
``(A) In the House, the majority leader of the House of
Representatives (or his designee) and the minority leader of
the House of Representatives (or his designee) shall
introduce such joint resolution (by request), within 3
legislative days after Congress receives the report submitted
under subsection (b).
``(B) In the Senate, the majority leader of the Senate (or
his designee) and the minority leader of the Senate (or his
designee) shall introduce such joint resolution described in
subsection (a) (by request), within 3 session days after
Congress receives the report submitted under subsection (b).
``(2) Subsections (b) through (g) of section 802 shall
apply to a joint resolution described in paragraph (1) of
this subsection in the same manner as a joint resolution
described in subsection (a) of section 802, except that for
purposes of that subsection, the term `submission date' means
the date on which the Congress receives the report submitted
under subsection (b).
``Sec. 814. Review of rules in effect
``(a) Beginning on the date that is 6 months after the date
of enactment of this section and annually thereafter for the
9 years following, each Federal agency shall designate not
less than 10 percent of eligible rules made by that Federal
agency for review, and shall submit a report including each
such eligible rule in the same manner as a report under
section 801(a)(1). Section 801 and section 802 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 10 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) In applying sections 801 and 802 to eligible rules
under this section, the following shall apply:
``(1) The words `take effect' shall be read as `continue in
effect'.
``(2) Except as provided in paragraph (3), a single joint
resolution of approval shall apply to all eligible rules in a
report designated for a year, and the matter after the
resolving clause of that joint resolution is as follows:
``That Congress approves the rules submitted by the __ for
the year __.'' (The blank spaces being appropriately filled
in).
``(3) It shall be in order to consider any amendment that
provides for specific conditions on which the approval of a
particular eligible rule included in the joint resolution is
contingent.
``(4) 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
major rule that is in effect as of the date of enactment of
this section.''.
(d) 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
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.''.
(e) Government Accountability Office Study of Rules.--
(1) In general.--The Comptroller General of the United
States shall conduct a study to determine, as of the date of
enactment of this Act--
(A) how many rules (as such term is defined in section 804
of title 5, United States Code) were in effect;
(B) how many major rules (as such term is defined in
section 804 of title 5, United States Code) were in effect;
and
(C) the total estimated economic cost imposed by all such
rules.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress that contains the
findings of the study conducted under paragraph (1).
(f) Definition of ``rule'' to Include Significant
Guidance.--Section 551(4) of title 5, United States Code, is
amended by inserting before the semicolon at the end the
following: ``, as well as significant guidance (as such term
is defined in section 804).''.
______