119-s485

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 485 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 485

 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.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 6 (legislative day, February 5), 2025

 Mr. Paul (for himself, Mrs. Blackburn, Mrs. Britt, Mr. Budd, Mr. 
Cramer, Mr. Crapo, Mr. Lankford, Mr. Lee, Ms. Lummis, Mr. Marshall, Mr. 
 Moreno, Mr. Risch, Mr. Scott of Florida, Mr. Rounds, Mr. Schmitt, Mr. 
 Sheehy, Mr. Tuberville, Mr. Grassley, and Mr. Daines) introduced the 
 following bill; which was read twice and referred to the Committee on 
 Homeland Security and Governmental Affairs

_______________________________________________________________________

 A BILL

 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Regulations from the Executive in 
Need of Scrutiny Act of 2025''.

SEC. 2. PURPOSE.

 The purpose of this Act 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.

SEC. 3. 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--
 ``
            (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.
 ``

    (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, 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;
 ``

    (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.''.

SEC. 4. 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.''.

SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study to determine, as of the date of enactment of this Act--

    (1) how many rules (as such term is defined in 

section 804 
 of title 5, United States Code) were in effect;

    (2) how many major rules (as such term is defined in 
 

section 804 of title 5, United States Code) were in effect; and

    (3) the total estimated economic cost imposed by all such 
 rules.

    (b) 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 subsection

    (a) .

SEC. 6. 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).''.
 <all>