[Senate Report 116-311]
[From the U.S. Government Publishing Office]


                                                   Calendar No. 614

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-311

======================================================================

     REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY ACT OF 2019

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 92

         TO AMEND CHAPTER 8 OF TITLE 5, UNITED STATES CODE, TO
            PROVIDE THAT MAJOR RULES OF THE EXECUTIVE BRANCH
SHALL HAVE NO FORCE OR EFFECT UNLESS A JOINT RESOLUTION OF APPROVAL IS 
                            ENACTED INTO LAW

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 14, 2020.--Ordered to be printed
               

                              __________
               
               
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                           WASHINGTON : 2020                     
          
-----------------------------------------------------------------------------------                  
              
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
           Joshua P. McLeod, Senior Professional Staff Member
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
          Yogin J. Kothari, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk


                                                  Calendar No. 614

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-311

======================================================================
 
     REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY ACT OF 2019

                                _______
                                

               December 14, 2020.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                          [To accompany S. 92]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 92), to amend 
Chapter 8 of title 5, United States Code, to provide that major 
rules of the executive branch shall have no force or effect 
unless a joint resolution of approval is enacted into law, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
   I.  Purpose and Summary............................................1
  II.  Background and Need for the Legislation........................2
 III.  Legislative History............................................4
  IV.  Section-by-Section Analysis....................................5
   V.  Evaluation of Regulatory Impact................................7
  VI.  Congressional Budget Office Cost Estimate......................7
 VII.  Changes in Existing Law Made by the Bill, as Reported..........7

                         I. Purpose and Summary

     The Regulations from the Executive in Need of Scrutiny Act 
of 2019 (REINS Act) revises the Congressional Review Act of 
1996 (CRA) to increase accountability and transparency in the 
Federal regulatory process.\1\ The CRA, which originated from a 
desire to instill more active congressional control over a 
rapidly growing body of Federal regulation, created an 
expedited process for Congress to review and disapprove any 
rule after it is issued by a Federal agency.\2\ The REINS Act 
would amend the CRA by adding a mandatory congressional 
approval procedure for major agency rules before they can go 
into effect. By requiring prior congressional approval for 
major rules, regulations will be more carefully crafted and the 
regulatory process will be more accountable to the American 
people.\3\
---------------------------------------------------------------------------
    \1\See Contract with America Advancement Act of 1996, Pub. L. No. 
104-121, 110 Stat. 847 (1996) (codified at 5 U.S.C. Sec. Sec.  801-
808); see also Regulations from the Executive in Need of Scrutiny Act 
of 2017, S. 21, 115th Cong. (2017) (CRA was included as part of the 
Contract with America Advancement Act of 1996).
    \2\H.R. Rep. No. 114-214, pt. 1, at 7 (2015).
    \3\On October 16, 2017, the Committee approved S. 21, Regulations 
from the Executive in Need of Scrutiny Act of 2017. That bill is 
substantially similar in purpose to S. 92. Accordingly, this committee 
report is in large part a reproduction of Chairman Johnson's committee 
report for S. 21, S. Rep. No. 116-169.
---------------------------------------------------------------------------

               II. Background and the Need for Legislation

     Under the CRA, a major rule cannot take effect for at 
least 60 days after a report on the rule is submitted to both 
Houses of Congress and the rule itself is published in the 
Federal Register (whichever occurs later).\4\ However, unless 
Congress acts to formally disapprove the rule, it automatically 
goes into effect.\5\ The REINS Act would reverse this process 
for major rules, preventing implementation of major rules that 
do not receive explicit approval by Congress. A major rule is 
one that the Office of Information and Regulatory Affairs 
(OIRA) determines will have a likely annual effect of $100 
million or more on the economy, cause a major increase in costs 
or prices, or have significant international anti-competitive 
effects.\6\
---------------------------------------------------------------------------
    \4\See 5 U.S.C. Sec. Sec.  801-808 (2012).
    \5\Id.
    \6\See 5 U.S.C. Sec.  804(2) (2012).
---------------------------------------------------------------------------
     The costs and burdens associated with Federal regulatory 
activity have increased significantly over the last 40 
years.\7\ However, despite an increasing regulatory burden,\8\ 
the legislative structure has not meaningfully changed to 
commensurately increase accountability. Over the course of the 
twentieth century, there has been an escalation of 
congressional delegation of regulatory authority to Federal 
agencies.\9\ By delegating broad regulatory authority to 
Federal agencies, Congress has lost legislative control and 
political accountability over the exercise of that delegated 
regulatory authority.\10\
---------------------------------------------------------------------------
    \7\See Jonathan H. Adler, Placing ``Reins'' On Regulations: 
Assessing the Proposed REINS Act, 16 N.Y.U.J. Legis. & Pub. Pol'y 1, 2-
36 (2013).
    \8\Aggregate measurement of federal regulatory scope and cost is 
difficult, though there have been attempts at using a structural model 
to estimate costs, as well as machine-learning methods to ``read'' the 
extensive Code of Federal Regulations to count the number of 
regulations. See Bentley Coffey et al., The Cumulative Cost of 
Regulations (Mercatus Ctr., Working Paper, April 2016), https://
www.mercatus.org/system/files/Coffey-Cumulative-Cost-Regs-v3.pdf (``Had 
regulation been held constant at levels observed in 1980, our model 
predicts that the economy would have been 25 percent larger by 2012 . . 
. or about $13,000 per capita); see also Omar Al-Ubaydli & Patrick A. 
McLaughlin, RegData: A Numerical Database on Industry-specific 
Regulations for All United States Industries and Federal Regulations, 
1997-2012, 11 Reg. & Governance 1, 109-123 (2017).
    \9\Adler, supra note 7.
    \10\Id.
---------------------------------------------------------------------------
     The purpose of the CRA was to ``redress the balance [of 
power], reclaiming for Congress some of its policymaking 
authority.''\11\ The sponsors observed that Congress was 
increasingly delegating its legislative functions, effectively 
``abdicat[ing] its constitutional role.''\12\ Previous 
Congresses have contemplated other means of disapproving of 
Executive actions vis-a-vis delegated powers, employing various 
means to assert authority over Federal agencies and restore 
legislative control.\13\ These means have included everything 
from ordinary congressional oversight activities to the use of 
the unicameral legislative veto, which goes back to 1932.\14\ 
On the latter tool, ``the Supreme Court struck down any 
procedure where executive action could be overturned by less 
than the full process required under the Constitution to make 
laws.''\15\ The CRA outlines a process similar to a legislative 
veto, but which requires participation of both Houses of 
Congress and the President.
---------------------------------------------------------------------------
    \11\142 Cong. Rec. 96, 6922, 6926 (1996) (Joint Explanatory 
Statement of House and Senate sponsors for CRA).
    \12\Id.
    \13\See H.R. Rep. No. 114-214 at 8.
    \14\See Act of June 30, 1932, Pub. L. No. 72-212, ch. 314, Sec.  
407, 47 Stat. 382, 414 (repealed 1966); see also James Abourezk, The 
Congressional Veto: A Contemporary Response to Executive Encroachment 
on Legislative Prerogatives, 52 Ind. L. J. 323, 324 n.5 (1977) (cited 
in I.N.S. v. Chadha, 103 S. Ct. at 2793 (White, J., dissenting)); 
Laurence H. Tribe, The Legislative Veto Decision: A Law By Any Other 
Name?, 21 Harv. J. on Legis. 1, 3-4, 28 (1984).
    \15\142 Cong. Rec. 96, 6922, 6926 (1996); see also I.N.S. v. 
Chadha, 462 U.S. 919 (1983).
---------------------------------------------------------------------------
     Despite its conceptual intentions, the CRA has not had 
much success reigning in the pace of regulations promulgated by 
Federal agencies.\16\ Since the enactment of the CRA, agencies 
have issued more than 95,000 new final Federal regulations,\17\ 
over 1,700 of which are major rules.\18\ However only a small 
fraction have received some form of congressional action via a 
congressional resolution--to date only 23 have been passed by 
both chambers and sent to the President; of those, only 17 have 
been signed into law.\19\
---------------------------------------------------------------------------
    \16\See H.R. Rep. No. 114-214 at 8; see also Adler, supra note 7, 
at 21.
    \17\See U.S. Fed. Reg., https://www.federalregister.gov/ (last 
visited Aug. 10, 2020) (search Mar. 30, 1996 through Aug. 10, 2020).
    \18\See U.S. Gov't Accountability Off., http://www.gao.gov/legal/
congressional-review-act/
overview (last visited Aug. 10, 2017) (search Mar. 30, 1996 through 
Aug. 10, 2020).
    \19\See generally S.J. Res. 8, 114th Cong. (2015-2016); S.J. Res. 
22, 114th Cong. (2015-2016); S.J. Res. 23, 114th Cong. (2015-2016); 
S.J. Res. 24 114th Cong. (2015-2016); H.J. Res. 88, 114th Cong. (2015-
2016); H.J. Res. 76, 116th Cong. (2019-2020 (the five vetoed 
resolutions); see also S.J. Res. 6, 107th Cong. (2001) (enacted as Pub. 
L. No. 107-5); H.J. Res. 41, 115th Cong. (2017) (enacted as Pub. L. No. 
155-4); H.J. Res. 38, 115th Cong. (2017) (enacted as Pub. L. No. 155-
5); H.J. Res. 40, 115th Cong. (2017) (enacted as Pub. L. No. 115-8); 
H.J. Res. 37, 115th Cong. (2017) (enacted as Pub. L. No. 155-11); H.J. 
Res. 44, 155th Cong. (2017) (enacted as Pub. L. No. 155-12); H.J. Res. 
57, 115th Cong. (2017) (enacted as Pub. L. No. 115-13); H.J. Res. 58, 
115th Cong. (2017) (enacted as Pub. L. No. 115-14); H.J. Res. 42, 115th 
Cong. (2017) (enacted as Pub. L. No. 115-17); H.J. Res. 69, 115th Cong. 
(2017) (enacted as Pub. L. No. 115-20); H.J. Res. 83, 115th Cong. 
(2017) (enacted as Pub. L. No. 115-21); S.J. Res. 34, 115th Cong. 
(2017) (enacted as Pub. L. No. 115-22); H.J. Res. 43, 115th Cong. 
(2017) (enacted as Pub. L. No. 115-23); H.J. Res. 67, 115th Cong. 
(2017) (enacted as Pub. L. No. 115-24); H.J. Res. 66, 115th Cong. 
(2017) (enacted as Pub. L. No. 115-35), H.J. Res. 111, 115th Cong. 
(2017) (enacted as Pub. L. No. 115-74); S.J. Res. 57, 115th Cong. 
(2018) (enacted as Pub. L. No. 115-172) (the seventeen resolutions 
overturning rules and signed into law).
---------------------------------------------------------------------------
     One limitation of the CRA is that it forces Congress to 
take its own initiative to overturn any regulations of which it 
disapproves.\20\ Additionally, the CRA essentially requires a 
super-majority in Congress to overturn any regulations because 
a sitting President is likely to veto any joint congressional 
resolutions meant to disapprove of regulations promulgated by 
his own administration.\21\
---------------------------------------------------------------------------
    \20\Adler, supra note 7, at 19.
    \21\Id.
---------------------------------------------------------------------------
     There is a need for further reform of the regulatory 
process. Under the CRA, unless Congress disapproves of a rule, 
the rule goes into effect without any congressional action.\22\ 
Therefore, as a matter of course, even rules to which many in 
Congress (perhaps even a majority) may object go unchallenged, 
and individual members can hold at arm's length any undesirable 
outcomes--avoiding ``a degree of visible responsibility.''\23\ 
Legal scholar Laurence Tribe described that ``through 
rulemaking . . . exercises of delegated authority change legal 
rights and privileges no less than do full-fledged laws.''\24\ 
This means that changes to and creation of new Federal 
regulations carry the full force and effect of law, and can 
proceed without the active participation of the Congress, which 
may have only vaguely authorized regulation in a particular 
area months, years, or decades prior.
---------------------------------------------------------------------------
    \22\See 5 U.S.C. Sec. Sec.  801-808 (2012).
    \23\Stephen Breyer, The Legislative Veto After Chadha, 72 Geo. L.J. 
785, 793-96 (1984).
    \24\Tribe, supra note 14, at 9.
---------------------------------------------------------------------------
     The REINS Act revises the CRA by inverting this process 
for major rules by preventing them from going into effect 
without Congress' explicit approval. Under the REINS Act, any 
new major rule would require Congress to pass within 70 session 
or legislative days of the rule being submitted to Congress, 
and the President to sign, a joint resolution approving the new 
major rule before it could take effect. Accordingly, the REINS 
Act, like the CRA, would require approval by both Houses of 
Congress and presentment to the President. Then-Judge Stephen 
Breyer and constitutional law professor Laurence Tribe have 
opined that a congressional approval mechanism for 
regulations--similar to that outlined in the REINS Act--would 
be constitutional.\25\
---------------------------------------------------------------------------
    \25\Breyer, supra note 23, at 28; see also H.R. Rep. No. 114-214 at 
11.
---------------------------------------------------------------------------
     The REINS Act provides for a few exceptions to its 
process. First, a major rule may take effect for a 90-day 
period without congressional approval if the President 
determines it is necessary under certain circumstances. Second, 
any rules affecting budget authority, outlays, or receipts are 
``assumed to be effective unless [they are] not approved in 
accordance'' with this bill.
     Finally, the REINS Act ensures Congress has the ability to 
efficiently review major rules before they take effect by 
providing an expedited process. This process includes a 
prohibition on amendments to congressional joint resolutions of 
approval, a limited period of up to 15 session days for 
committees to discharge such resolutions, limited time allowed 
for floor debate, and a deadline by which both chambers of 
Congress must take a vote on final passage of the resolution in 
question.
     These processes are designed to increase Congress' 
accountability for the content of major rules and foster more 
deliberation before major rules take effect.

                        III. Legislative History

    Senator Rand Paul (R-KY) introduced S. 92 on January 10, 
2019, with Senators Chuck Grassley (R-IA), Todd Young (R-IN), 
Bill Cassidy (R-LA), Joni Ernst (R-IA), Ted Cruz (R-TX), Roy 
Blunt (R-MO), Kevin Cramer (R-ND), Tom Cotton (R-AR), James 
Risch (R-ID), Steve Daines (R-MT), Jerry Moran (R-KS), Mike 
Braun (R-IN), Marsha Blackburn (R-TN), Pat Toomey (R-PA), Ron 
Johnson (R-WI), David Perdue (R-GA), Rob Portman (R-OH), John 
Barrasso (R-WY), James Inhofe (R-OK), Shelley Moore Capito (R-
WV), Ben Sasse (R-NE), John Kennedy (R-LA), Cory Gardner (R-
CO), Michael Enzi (R-WY), Martha McSally (R-AZ), Pat Roberts 
(R-KS), Tim Scott (R-SC), Dan Sullivan (R-AK), Marco Rubio (R-
FL), Mike Rounds (R-SD), Mike Lee (R-UT), Deb Fischer (R-NE), 
Johnny Isakson (R-GA), and Mitch McConnell (R-KY). Senators 
Mike Crapo (R-ID), Cindy Hyde-Smith (R-MS), John Boozman (R-
AR), John Cornyn (R-TX), Roger Wicker (R-MS), Josh Hawley (R-
MO), John Thune (R-SD), Rick Scott (R-FL) later joined as 
cosponsors. The bill was referred to the Committee. The 
Committee considered S. 92 at a July 22, 2020 business meeting.
     The Committee ordered S. 92 reported favorably on July 22, 
2020, by a roll call vote of 8 yeas to 5 nays. Senators voting 
in the affirmative were Johnson, Portman, Paul, Lankford, 
Romney, Scott, Enzi, and Hawley. Senators voting in the 
negative were Peters, Carper, Hassan, Harris, Rosen. For the 
record only, Senator Sinema voted nay by proxy.

        IV. Section-by-Section Analysis of the Bill, as Reported


 Section 1. Short title

     This section provides the bill's short title, the 
``Regulations from the Executive in Need of Scrutiny Act of 
2019.''

 Section 2. Purpose

     This section describes the bill's purpose as increasing 
congressional responsibility in the regulatory process. It 
states that despite the ``Constitution grant[ing] all 
legislative powers to Congress,'' such power has been 
increasingly delegated to non-legislative authorities. By 
requiring Congress to explicitly vote to approve major 
regulations, the bill will result in more accountability to the 
public for the regulations with which they must comply.

 Section 3. Congressional review of agency rulemaking

     This section amends sections 801 to 807 of the CRA to 
reflect new requirements for promulgating a Federal regulation 
as well as new review and approval mechanisms for Congress to 
consider rules.
     The bill amends Section 801 subparagraph (a)(1)(A) of the 
CRA to require the agency submitting a rule for review to 
include, in the Federal Register and in a report to Congress 
and the Comptroller General, additional information and 
analysis pertaining to the rule. Subparagraph (a)(2)(A) adds a 
requirement that the Comptroller General provide a report to 
Congress on any major rules which includes ``an assessment of 
whether the major rule imposes any new limits or mandates on 
private-sector activity.'' Subparagraph (a)(2)(B) requires 
Federal agencies to provide information to the Comptroller 
General relevant to the major rule report.
     Subparagraph (a)(3) stipulates that a major rule's 
effective date is when a joint resolution on the rule is 
enacted, or the date included in the rule, whichever is later.
     Subparagraph (a)(4) stipulates that nonmajor rules take 
effect only if they are submitted to Congress and Congress does 
not disapprove of the rule.
     Subparagraph (a)(5) prohibits Congress from approving a 
major rule beyond the period specified in this bill.
     Subsection (b) states that Congress must enact a joint 
resolution of approval within 70 session days from receipt of a 
major rule for it to take effect.
     Subsection (c) allows the President to temporarily put 
into effect (for up to 90 days) a major rule if he or she makes 
a determination that the rule is needed due to: an imminent 
threat to health and safety; enforcement of criminal laws; 
national security; or implementation of international trade 
agreement. This determination does not affect the resolution 
procedures in Section 802.
     Subsection (d) provides a new review period for rules 
submitted during the last 60 session days (in the Senate) or 
legislative days (in the House) before a Congress adjourns, all 
the way through to the convening of the next session. The new 
review window begins as if the rule is first published or 
submitted on the 15th session day (Senate) or legislative day 
(House) of the new session and otherwise treated the same as 
any other rule.
     Subsections 802(a) through (h) describe the specific 
requirements for the content of the joint resolution and 
expedited procedures related to a resolution of approval for a 
major rule. They require the majority leader in each chamber to 
introduce a joint resolution (after receipt of a major rule's 
report) within three session or legislative days, whichever is 
applicable, with no amendments allowed at any point. It is then 
referred to the committee(s) of jurisdiction which has 15 
(session/legislative) days to consider the resolution. The 
subsections further prescribe specific floor procedures in each 
chamber which limit debate, prevent moving on to other business 
without disposal of the resolution, or postponing a vote on 
final passage beyond the allowed review period described in 
section 801.
     Section 803 describes the disapproval procedure for 
nonmajor rules. This section is largely based on the existing 
authorities in 5 U.S.C. Sec.  802. Under this section, Congress 
is given a limited period of time in which to enact a joint 
resolution of disapproval for a nonmajor rule, otherwise the 
rule goes into effect by default. The amount of time committees 
are given to consider and report the rule is changed from 20 
calendar days (in current law) to 15 session days which may be 
the same, longer, or shorter depending on scheduling. This 
section also describes procedures for floor consideration, 
including what motions are privileged and allowable time for 
debate.
     Section 804 amends the existing section to provide for new 
definitions for ``nonmajor rule'' and ``submission or 
publication date,'' while retaining definitions for ``Federal 
agency,'' ``major rule,'' and ``rule.''
     Section 805 adds to the existing section to clarify the 
scope of allowable judicial review. It states that courts may 
review whether an agency complied with the requirements under 
this chapter for a rule to take effect. It also clarifies that 
should Congress enact a resolution of approval of a rule, that 
resolution should not be interpreted as changing or expanding 
the regulatory authority of an agency nor will it enter the 
judicial record except on the question of whether a rule is in 
effect.
     Section 806 exempts rules and policies concerning monetary 
policy and the Federal Reserve from this chapter.
     Section 807 is the same as existing Section 808 and allows 
for certain rules (dealing with hunting, fishing, or camping) 
to take effect when the agency determines they should. The same 
applies to rules where the agency finds good cause that notice 
and comment are ``impracticable, unnecessary, or contrary to 
the public interest'' and explains its reasoning for doing so 
in the rule itself.

 Section 4. Budgetary effects of rules subject to section 802 of title 
        5, United States Code

     This section amends the Balanced Budget and Emergency 
Deficit Control Act of 1985 to state that major rules, which 
otherwise require approval in this bill, that are budgetary in 
nature are treated as in effect unless not approved under the 
major rules procedures.

 Section 5. Government Accountability Office study of rules

     This section requires the Comptroller General to submit a 
study within one year of enactment that identifies the number 
of rules in effect, how many of those rules are major, and an 
estimate of their aggregate economic cost.

                   V. Evaluation of Regulatory Impact

     Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.

              VI. Congressional Budget Office Cost Estimate

     CBO failed to provide the Committee with a cost estimate 
in time for the final reporting deadline of the 116th Congress.

       VII. Changes in Existing Law Made by the Bill, as Reported

     In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 92 as reported are shown as follows (existing law proposed 
to be omitted is enclosed in brackets, new matter is printed in 
italic, and existing law in which no change is proposed is 
shown in roman):

 UNITED STATES CODE

           *       *       *       *       *       *       *


 TITLE 2--THE CONGRESS

           *       *       *       *       *       *       *


 CHAPTER 20--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS

           *       *       *       *       *       *       *



  Subchapter I--Elimination of Deficits in Excess of Maximum Deficit 
Amount

           *       *       *       *       *       *       *



 SEC. 907. THE BASELINE

     (a) * * *
     (b) * * *
          (1) * * *
          (2) * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) Budgetary effects of rules subject to 
                section 802 of title 5, united states code.--
                Any rules subject to the congressional approval 
                procedure set forth in section 802 of chapter 8 
                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.

           *       *       *       *       *       *       *


 TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


 PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


          CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

 Sec.
 801. Congressional review.
 802. Congressional [disapproval] approval procedure for major rules.
 803. [Special rule on statutory, regulatory, and judicial deadlines] 
          Congressional disapproval procedure for nonmajor rules.
 804. Definitions.
 805. Judicial review.
 806. [Applicability; severability] Exemption for monetary policy.
 807. [Exemption for monetary policy] Effective date of certain rules.
 [808. Effective date of certain rules.]

 SEC. 801. CONGRESSIONAL REVIEW

     (a)
          (1)
                  (A) Before a rule [can] 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[, including 
                        whether it is a major rule; and];
                          (iii) [the proposed effective date of 
                        the rule.] 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(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 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 [relevant] 
                        pursuant to sections 603, 604, 605, 
                        607, and 609[;] of this title;
                          (iii) the agency's actions [relevant] 
                        pursuant to sections 202, 203, 204, and 
                        205 of the Unfunded Mandates Reform Act 
                        of 1995; 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 [in each House of the Congress] by 
                the end of 15 calendar days after the 
                submission or publication date [as provided in 
                section 802(b)(2)]. 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 [on the latest of--
                  (A) the later of the date occurring 60 days 
                after the date on which--
                          (i) the Congress receives the report 
                        submitted under paragraph (1); or
                          (ii) the rule is published in the 
                        Federal Register, if so published;
                  (B) if the Congress passes a joint resolution 
                of disapproval described in section 802 
                relating to the rule, and the President signs a 
                veto of such resolution, the earlier date--
                          (i) on which either House of Congress 
                        votes and fails to override the veto of 
                        the President; or
                          (ii) occurring 30 session days after 
                        the date on which the Congress received 
                        the veto and objections of the 
                        President; or
                  (C) the date the rule would have otherwise 
                taken effect, if not for this section (unless a 
                joint resolution of disapproval under section 
                802 is enacted).] 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) [Except for a]A nonmajor rule[, a] rule shall 
        take effect as [otherwise] provided by section 803[law] 
        after submission to Congress under paragraph (1).
          (5) [Notwithstanding paragraph (3), the effective 
        date of a rule shall not be delayed by operation of 
        this chapter beyond the date on which either House of 
        Congress votes to reject a joint resolution of 
        disapproval under section 802.]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 House of Representatives or the 
        Senate.
    (b)
          (1) A major rule shall not take effect [(or 
        continue), if] unless the Congress enacts a joint 
        resolution of [dis]approval[,] described under section 
        802[, of the rule].
          (2) [A rule that does not take effect (or does not 
        continue) under paragraph (1) 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 of the joint 
        resolution disapproving the original rule.]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 
        [that would not take effect by reason of subsection 
        (a)(3)] 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 [or the effect of a joint 
        resolution of disapproval under this section].
    (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[s] 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--
                          (i) such rule were published in the 
                        Federal Register [(as a rule that shall 
                        take effect)] 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).
    [(e)
          (1) For purposes of this subsection, section 802 
        shall also apply to any major rule promulgated between 
        March 1, 1996, and the date of the enactment of this 
        chapter.
          (2) In applying section 802 for purposes of 
        Congressional review, a rule described under paragraph 
        (1) shall be treated as though--
                  (A) such rule were published in the Federal 
                Register on the date of enactment of this 
                chapter; and
                  (B) a report on such rule were submitted to 
                Congress under subsection (a)(1) on such date.
          (3) The effectiveness of a rule described under 
        paragraph (1) shall be as otherwise provided by law, 
        unless the rule is made of no force or effect under 
        section 802.]
    [(f) Any rule that takes effect and later is made of no 
force or effect by enactment of a joint resolution under 
section 802 shall be treated as though such rule had never 
taken effect.]
    [(g) If the Congress does not enact a joint resolution of 
disapproval under section 802 respecting a rule, no court or 
agency may infer any intent of the Congress from any action or 
inaction of the Congress with regard to such rule, related 
statute, or joint resolution of disapproval.]

 SEC. 802. CONGRESSIONAL [REVIEW] APPROVAL PROCEDURE FOR MAJOR RULES

    (a)
          (1) 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] addressing a report classifying a rule 
        as major pursuant to section 801(a)(1)(A)(iii) that--
        [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 rule submitted 
        by the ___ relating to ___, and such rule shall have no 
        force or effect.'' (The blank spaces being 
        appropriately filled in).]
                  (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 received 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)
          [(1)] A joint resolution described in subsection (a) 
        shall be referred [to the committees]in each House of 
        Congress to the committees having[with] jurisdiction[.] 
        over the provision of law under which the rule is 
        issued.
          [(2) For purposes of this section, the term 
        ``submission or publication date'' means the later of 
        the date on which--
                  (A) the Congress receives the report 
                submitted under section 801(a)(1); or
                  (B) the rule is published in the Federal 
                Register, if so published.]
    (c) In the Senate, if the committee or committees to which 
[is referred ]a joint resolution described in subsection (a) 
has been referred have not reported [such joint resolution (or 
an identical joint resolution)]it at the end of [20 calendar]15 
session days after [the submission or publication date defined 
under subsection (b)(2)]its introduction, such committee or 
committees [may]shall be automatically discharged from further 
consideration of [such joint]the resolution [upon a petition 
supported in writing by 30 Members of the Senate, and such 
joint 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 is 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 [has]have 
        reported, or when a committee or committees [is]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 [10] 2 
        hours, which shall be divided equally between those 
        favoring and those opposing the joint resolution. A 
        motion to further [to]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) * * *
          (4) * * *
    (e) [In the Senate the procedure specified in subsection 
(c) or (d) shall not apply to the consideration of a joint 
resolution respecting a 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.] 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 [the passage by one House of] passing 
        a joint resolution [of that House] described in 
        subsection (a), [that]one House receives from the other 
        [House] a joint resolution [described in subsection 
        (a), then the following procedures shall apply:]having 
        the same text, then--
                  [(1)] (A) The joint resolution of the other 
                House shall not be referred to a committee[.]; 
                and
          [(2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint 
        resolution--]
                  [(A)] (B) the procedure in [that]the 
                receiving House shall be the same as if no 
                joint resolution had been received from the 
                other House[; but]
                  [(B)] until the vote on [final] passage, 
                [shall be on]when the joint resolution 
                [of]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 the day.
    [g](h) This section and section 803 [is]are enacted by 
Congress--
          (1) as an exercise of the rulemaking power of the 
        Senate and House of Representatives, respectively, and 
        as such [it is]are deemed [a]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 it [supersedes] superseding other 
        rules only [to the extent that it is inconsistent with 
        such rules]where explicitly so; and
          (2) with full recognition of the constitutional right 
        of either House to change the rules (so far as they 
        [relating] 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. [SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL 
                    DEADLINES] CONGRESSIONAL DISAPPROVAL FOR NONMAJOR 
                    RULES

    [(a) In the case of any deadline for, relating to, or 
involving any rule which does not take effect (or the 
effectiveness of which is terminated) because of enactment of a 
joint resolution under section 802, that deadline is extended 
until the date 1 year after the date of enactment of the joint 
resolution. Nothing in this subsection shall be construed to 
affect a deadline merely by reason of the postponement of a 
rule's effective date under section 801(a).]
    (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) The term ``deadline'' means any date certain for 
fulfilling any obligation or exercising any authority 
established by or under any Federal statute or regulation, or 
by or under any court order implementing any Federal statute or 
regulation.]
    (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 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) * * *
          (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; or
                  (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.
          [The term does not include any rule promulgated under 
        the Telecommunications Act of 1996 and the amendments 
        made by that Act.]
          (3) The term ``nonmajor rule'' means any rule that is 
        not a major rule.
          [(3)] (4) The term ``rule'' has the meaning given 
        such term in section 551, except that such term does 
        not include--
                  (A) 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;
                  (B) any rule relating to agency management or 
                personnel; or
                  (C) any rule of agency organization, 
                procedure, or practice that does not 
                substantially affect the rights or obligations 
                of non-agency parties.
          (5) 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. APPLICABILITY; SEVERABILITY

    (a) This chapter shall apply notwithstanding any other 
provision of law.
    (b) If any provision of this chapter or the application of 
any provision of this chapter to any person or circumstance, is 
held invalid, the application of such provision to other 
persons or circumstances, and the remainder of this chapter, 
shall not be affected thereby.]

 [SEC. 807.] SEC. 806. 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. 808. SEC. 807. 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 an 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.

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