II
119THCONGRESS
1
STSESSION 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
FEBRUARY6 (legislative day, FEBRUARY5), 2025
Mr. P
AUL(for himself, Mrs. BLACKBURN, Mrs. BRITT, Mr. BUDD, Mr.
C
RAMER, Mr. CRAPO, Mr. LANKFORD, Mr. LEE, Ms. LUMMIS, Mr. MAR-
SHALL, Mr. MORENO, Mr. RISCH, Mr. SCOTTof Florida, Mr. ROUNDS,
Mr. S
CHMITT, Mr. SHEEHY, Mr. TUBERVILLE, Mr. GRASSLEY, and Mr.
D
AINES) 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Regulations from the 4
Executive in Need of Scrutiny Act of 2025’’. 5
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SEC. 2. PURPOSE. 1
The purpose of this Act is to increase accountability 2
for and transparency in the Federal regulatory process. 3
Section 1 of article I of the Constitution of the United 4
States grants all legislative powers to Congress. Over time, 5
Congress has excessively delegated its constitutional 6
charge while failing to conduct appropriate oversight and 7
retain accountability for the content of the laws it passes. 8
By requiring a vote in Congress, this Act will result in 9
more carefully drafted and detailed legislation, an im-10
proved regulatory process, and a legislative branch that 11
is truly accountable to the American people for the laws 12
imposed upon them. 13
SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE-14
MAKING. 15
Chapter 8 of title 5, United States Code, is amended 16
to read as follows: 17
‘‘CHAPTER 8—CONGRESSIONAL REVIEW 18
OF AGENCY RULEMAKING 19
‘‘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.
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‘‘813. Expiration of rules.
‘‘814. Review of rules in effect.
‘‘§ 801. Congressional review 1
‘‘(a)(1)(A) Before a rule may take effect, the Federal 2
agency promulgating such rule shall publish in the Federal 3
Register a list of information on which the rule is based, 4
including data, scientific and economic studies, and cost- 5
benefit analyses, and identify how the public can access 6
such information online, and shall submit to each House 7
of the Congress and to the Comptroller General a report 8
containing— 9
‘‘(i) a copy of the rule; 10
‘‘(ii) a concise general statement relating to the 11
rule; 12
‘‘(iii) a classification of the rule as a major or 13
nonmajor rule, including an explanation of the clas-14
sification specifically addressing each criteria for a 15
major rule contained within subparagraphs (A) 16
through (C) of section 804(3); 17
‘‘(iv) a list of any other related regulatory ac-18
tions intended to implement the same statutory pro-19
vision or regulatory objective as well as the indi-20
vidual and aggregate economic effects of those ac-21
tions; and 22
‘‘(v) the proposed effective date of the rule. 23
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‘‘(B) On the date of the submission of the report 1
under subparagraph (A), the Federal agency promulgating 2
the rule shall submit to the Comptroller General and make 3
available to each House of Congress— 4
‘‘(i) a complete copy of the cost-benefit analysis 5
of the rule, if any, including an analysis of any jobs 6
added or lost, differentiating between public and pri-7
vate sector jobs; 8
‘‘(ii) the agency’s actions pursuant to sections 9
603, 604, 605, 607, and 609 of this title; 10
‘‘(iii) the agency’s actions pursuant to sections 11
202, 203, 204, and 205 of the Unfunded Mandates 12
Reform Act of 1995 (2 U.S.C. 1532, 1533, 1534, 13
1535); and 14
‘‘(iv) any other relevant information or require-15
ments under any other Act and any relevant Execu-16
tive orders. 17
‘‘(C) Upon receipt of a report submitted under sub-18
paragraph (A), each House shall provide copies of the re-19
port to the chairman and ranking member of each stand-20
ing committee with jurisdiction under the rules of the 21
House of Representatives or the Senate to report a bill 22
to amend the provision of law under which the rule is 23
issued. 24
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‘‘(2)(A) The Comptroller General shall provide a re-1
port on each major rule to the committees of jurisdiction 2
by the end of 15 calendar days after the submission or 3
publication date. The report of the Comptroller General 4
shall include an assessment of the agency’s compliance 5
with procedural steps required by paragraph (1)(B) and 6
an assessment of whether the major rule imposes any new 7
limits or mandates on private-sector activity. 8
‘‘(B) Federal agencies shall cooperate with the Comp-9
troller General by providing information relevant to the 10
Comptroller General’s report under subparagraph (A). 11
‘‘(3) A major rule relating to a report submitted 12
under paragraph (1) shall take effect upon enactment of 13
a joint resolution of approval described in section 802 or 14
as provided for in the rule following enactment of a joint 15
resolution of approval described in section 802, whichever 16
is later. 17
‘‘(4) A nonmajor rule shall take effect as provided 18
by section 803 after submission to Congress under para-19
graph (1). 20
‘‘(5) If a joint resolution of approval relating to a 21
major rule is not enacted within the period provided in 22
subsection (b)(2), then a joint resolution of approval relat-23
ing to the same rule may not be considered under this 24
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chapter in the same Congress by either the House of Rep-1
resentatives or the Senate. 2
‘‘(b)(1) A major rule shall not take effect unless the 3
Congress enacts a joint resolution of approval described 4
under section 802. 5
‘‘(2) If a joint resolution described in subsection (a) 6
is not enacted into law by the end of 70 session days or 7
legislative days, as applicable, beginning on the date on 8
which the report referred to in subsection (a)(1)(A) is re-9
ceived by Congress (excluding days either House of Con-10
gress is adjourned for more than 3 days during a session 11
of Congress), then the rule described in that resolution 12
shall be deemed not to be approved and such rule shall 13
not take effect. 14
‘‘(c)(1) Notwithstanding any other provision of this 15
section (except subject to paragraph (3)), a major rule 16
may take effect for one 90-calendar-day period if the 17
President makes a determination under paragraph (2) and 18
submits written notice of such determination to the Con-19
gress. 20
‘‘(2) Paragraph (1) applies to a determination made 21
by the President by Executive order that the major rule 22
should take effect because such rule is— 23
‘‘(A) necessary because of an imminent threat 24
to health or safety or other emergency; 25
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‘‘(B) necessary for the enforcement of criminal 1
laws; 2
‘‘(C) necessary for national security; or 3
‘‘(D) issued pursuant to any statute imple-4
menting an international trade agreement. 5
‘‘(3) An exercise by the President of the authority 6
under this subsection shall have no effect on the proce-7
dures under section 802. 8
‘‘(d)(1) In addition to the opportunity for review oth-9
erwise provided under this chapter, in the case of any rule 10
for which a report was submitted in accordance with sub-11
section (a)(1)(A) during the period beginning on the date 12
occurring— 13
‘‘(A) in the case of the Senate, 60 session days; 14
or 15
‘‘(B) in the case of the House of Representa-16
tives, 60 legislative days, 17
before the date the Congress is scheduled to adjourn a 18
session of Congress through the date on which the same 19
or succeeding Congress first convenes its next session, sec-20
tions 802 and 803 shall apply to such rule in the suc-21
ceeding session of Congress. 22
‘‘(2)(A) In applying sections 802 and 803 for pur-23
poses of such additional review, a rule described under 24
paragraph (1) shall be treated as though— 25
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‘‘(i) such rule were published in the Federal 1
Register on— 2
‘‘(I) in the case of the Senate, the 15th 3
session day; or 4
‘‘(II) in the case of the House of Rep-5
resentatives, the 15th legislative day, 6
after the succeeding session of Congress first con-7
venes; and 8
‘‘(ii) a report on such rule were submitted to 9
Congress under subsection (a)(1) on such date. 10
‘‘(B) Nothing in this paragraph shall be construed 11
to affect the requirement under subsection (a)(1) that a 12
report shall be submitted to Congress before a rule can 13
take effect. 14
‘‘(3) A rule described under paragraph (1) shall take 15
effect as otherwise provided by law (including other sub-16
sections of this section). 17
‘‘§ 802. Congressional approval procedure for major 18
rules 19
‘‘(a)(1) For purposes of this section, the term ‘joint 20
resolution’ means only a joint resolution addressing a re-21
port classifying a rule as major pursuant to section 22
801(a)(1)(A)(iii) that— 23
‘‘(A) bears no preamble; 24
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‘‘(B) bears the following title (with blanks filled 1
as appropriate): ‘Approving the rule submitted by 2
lll relating to lll.’; 3
‘‘(C) includes after its resolving clause only the 4
following (with blanks filled as appropriate): ‘That 5
Congress approves the rule submitted by lll re-6
lating to lll.’; and 7
‘‘(D) is introduced pursuant to paragraph (2). 8
‘‘(2) After a House of Congress receives a report 9
classifying a rule as major pursuant to section 10
801(a)(1)(A)(iii), the majority leader of that House (or 11
his or her respective designee) shall introduce (by request, 12
if appropriate) a joint resolution described in paragraph 13
(1)— 14
‘‘(A) in the case of the House of Representa-15
tives, within 3 legislative days; and 16
‘‘(B) in the case of the Senate, within 3 session 17
days. 18
‘‘(3) A joint resolution described in paragraph (1) 19
shall not be subject to amendment at any stage of pro-20
ceeding. 21
‘‘(b) A joint resolution described in subsection (a) 22
shall be referred in each House of Congress to the commit-23
tees having jurisdiction over the provision of law under 24
which the rule is issued. 25
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‘‘(c) In the Senate, if the committee or committees 1
to which a joint resolution described in subsection (a) has 2
been referred have not reported it at the end of 15 session 3
days after its introduction, such committee or committees 4
shall be automatically discharged from further consider-5
ation of the resolution and it shall be placed on the cal-6
endar. A vote on final passage of the resolution shall be 7
taken on or before the close of the 15th session day after 8
the resolution is reported by the committee or committees 9
to which it was referred, or after such committee or com-10
mittees have been discharged from further consideration 11
of the resolution. 12
‘‘(d)(1) In the Senate, when the committee or com-13
mittees to which a joint resolution is referred have re-14
ported, or when a committee or committees are discharged 15
(under subsection (c)) from further consideration of a 16
joint resolution described in subsection (a), it is at any 17
time thereafter in order (even though a previous motion 18
to the same effect has been disagreed to) for a motion 19
to proceed to the consideration of the joint resolution, and 20
all points of order against the joint resolution (and against 21
consideration of the joint resolution) are waived. The mo-22
tion is not subject to amendment, or to a motion to post-23
pone, or to a motion to proceed to the consideration of 24
other business. A motion to reconsider the vote by which 25
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the motion is agreed to or disagreed to shall not be in 1
order. If a motion to proceed to the consideration of the 2
joint resolution is agreed to, the joint resolution shall re-3
main the unfinished business of the Senate until disposed 4
of. 5
‘‘(2) In the Senate, debate on the joint resolution, 6
and on all debatable motions and appeals in connection 7
therewith, shall be limited to not more than 2 hours, which 8
shall be divided equally between those favoring and those 9
opposing the joint resolution. A motion to further limit 10
debate is in order and not debatable. An amendment to, 11
or a motion to postpone, or a motion to proceed to the 12
consideration of other business, or a motion to recommit 13
the joint resolution is not in order. 14
‘‘(3) In the Senate, immediately following the conclu-15
sion of the debate on a joint resolution described in sub-16
section (a), and a single quorum call at the conclusion of 17
the debate if requested in accordance with the rules of the 18
Senate, the vote on final passage of the joint resolution 19
shall occur. 20
‘‘(4) Appeals from the decisions of the Chair relating 21
to the application of the rules of the Senate to the proce-22
dure relating to a joint resolution described in subsection 23
(a) shall be decided without debate. 24
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‘‘(e) In the House of Representatives, if any com-1
mittee to which a joint resolution described in subsection 2
(a) has been referred has not reported it to the House 3
at the end of 15 legislative days after its introduction, 4
such committee shall be discharged from further consider-5
ation of the joint resolution, and it shall be placed on the 6
appropriate calendar. On the second and fourth Thursdays 7
of each month it shall be in order at any time for the 8
Speaker to recognize a Member who favors passage of a 9
joint resolution that has appeared on the calendar for at 10
least 5 legislative days to call up that joint resolution for 11
immediate consideration in the House without intervention 12
of any point of order. When so called up a joint resolution 13
shall be considered as read and shall be debatable for 1 14
hour equally divided and controlled by the proponent and 15
an opponent, and the previous question shall be considered 16
as ordered to its passage without intervening motion. It 17
shall not be in order to reconsider the vote on passage. 18
If a vote on final passage of the joint resolution has not 19
been taken by the third Thursday on which the Speaker 20
may recognize a Member under this subsection, such vote 21
shall be taken on that day. 22
‘‘(f)(1) If, before passing a joint resolution described 23
in subsection (a), one House receives from the other a 24
joint resolution having the same text, then— 25
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‘‘(A) the joint resolution of the other House 1
shall not be referred to a committee; and 2
‘‘(B) the procedure in the receiving House shall 3
be the same as if no joint resolution had been re-4
ceived from the other House until the vote on pas-5
sage, when the joint resolution received from the 6
other House shall supplant the joint resolution of 7
the receiving House. 8
‘‘(2) This subsection shall not apply to the House of 9
Representatives if the joint resolution received from the 10
Senate is a revenue measure. 11
‘‘(g) If either House has not taken a vote on final 12
passage of the joint resolution by the last day of the period 13
described in section 801(b)(2), then such vote shall be 14
taken on that day. 15
‘‘(h) This section and section 803 are enacted by 16
Congress— 17
‘‘(1) as an exercise of the rulemaking power of 18
the Senate and House of Representatives, respec-19
tively, and as such are deemed to be part of the 20
rules of each House, respectively, but applicable only 21
with respect to the procedure to be followed in that 22
House in the case of a joint resolution described in 23
subsection (a) and superseding other rules only 24
where explicitly so; and 25
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‘‘(2) with full recognition of the constitutional 1
right of either House to change the rules (so far as 2
they relate to the procedure of that House) at any 3
time, in the same manner and to the same extent as 4
in the case of any other rule of that House. 5
‘‘§ 803. Congressional disapproval procedure for 6
nonmajor rules 7
‘‘(a) For purposes of this section, the term ‘joint res-8
olution’ means only a joint resolution introduced in the 9
period beginning on the date on which the report referred 10
to in section 801(a)(1)(A) is received by Congress and 11
ending 60 days thereafter (excluding days either House 12
of Congress is adjourned for more than 3 days during a 13
session of Congress), the matter after the resolving clause 14
of which is as follows: ‘That Congress disapproves the 15
nonmajor rule submitted by the lll relating to 16
lll, and such rule shall have no force or effect.’ (The 17
blank spaces being appropriately filled in). 18
‘‘(b) A joint resolution described in subsection (a) 19
shall be referred to the committees in each House of Con-20
gress with jurisdiction. 21
‘‘(c) In the Senate, if the committee to which is re-22
ferred a joint resolution described in subsection (a) has 23
not reported such joint resolution (or an identical joint 24
resolution) at the end of 15 session days after the date 25
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of introduction of the joint resolution, such committee may 1
be discharged from further consideration of such joint res-2
olution upon a petition supported in writing by 30 Mem-3
bers of the Senate, and such joint resolution shall be 4
placed on the calendar. 5
‘‘(d)(1) In the Senate, when the committee to which 6
a joint resolution is referred has reported, or when a com-7
mittee is discharged (under subsection (c)) from further 8
consideration of a joint resolution described in subsection 9
(a), it is at any time thereafter in order (even though a 10
previous motion to the same effect has been disagreed to) 11
for a motion to proceed to the consideration of the joint 12
resolution, and all points of order against the joint resolu-13
tion (and against consideration of the joint resolution) are 14
waived. The motion is not subject to amendment, or to 15
a motion to postpone, or to a motion to proceed to the 16
consideration of other business. A motion to reconsider the 17
vote by which the motion is agreed to or disagreed to shall 18
not be in order. If a motion to proceed to the consideration 19
of the joint resolution is agreed to, the joint resolution 20
shall remain the unfinished business of the Senate until 21
disposed of. 22
‘‘(2) In the Senate, debate on the joint resolution, 23
and on all debatable motions and appeals in connection 24
therewith, shall be limited to not more than 10 hours, 25
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which shall be divided equally between those favoring and 1
those opposing the joint resolution. A motion to further 2
limit debate is in order and not debatable. An amendment 3
to, or a motion to postpone, or a motion to proceed to 4
the consideration of other business, or a motion to recom-5
mit the joint resolution is not in order. 6
‘‘(3) In the Senate, immediately following the conclu-7
sion of the debate on a joint resolution described in sub-8
section (a), and a single quorum call at the conclusion of 9
the debate if requested in accordance with the rules of the 10
Senate, the vote on final passage of the joint resolution 11
shall occur. 12
‘‘(4) Appeals from the decisions of the Chair relating 13
to the application of the rules of the Senate to the proce-14
dure relating to a joint resolution described in subsection 15
(a) shall be decided without debate. 16
‘‘(e) In the Senate, the procedure specified in sub-17
section (c) or (d) shall not apply to the consideration of 18
a joint resolution respecting a nonmajor rule— 19
‘‘(1) after the expiration of the 60 session days 20
beginning with the applicable submission or publica-21
tion date; or 22
‘‘(2) if the report under section 801(a)(1)(A) 23
was submitted during the period referred to in sec-24
tion 801(d)(1), after the expiration of the 60 session 25
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days beginning on the 15th session day after the 1
succeeding session of Congress first convenes. 2
‘‘(f) If, before the passage by one House of a joint 3
resolution of that House described in subsection (a), that 4
House receives from the other House a joint resolution 5
described in subsection (a), then the following procedures 6
shall apply: 7
‘‘(1) The joint resolution of the other House 8
shall not be referred to a committee. 9
‘‘(2) With respect to a joint resolution described 10
in subsection (a) of the House receiving the joint 11
resolution— 12
‘‘(A) the procedure in that House shall be 13
the same as if no joint resolution had been re-14
ceived from the other House; but 15
‘‘(B) the vote on final passage shall be on 16
the joint resolution of the other House. 17
‘‘§ 804. Definitions 18
‘‘For purposes of this chapter: 19
‘‘(1) The term ‘Federal agency’ means any 20
agency as that term is defined in section 551(1). 21
‘‘(2) The term ‘guidance document’ means a 22
statement of general applicability and future effect, 23
other than a regulatory action, issued by a Federal 24
agency that sets forth— 25
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‘‘(A) a policy on a statutory, regulatory, or 1
technical issue; or 2
‘‘(B) an interpretation of a statutory or 3
regulatory issue. 4
‘‘(3) The term ‘major rule’— 5
‘‘(A) means any rule, including an interim 6
final rule, that the Administrator of the Office 7
of Information and Regulatory Affairs of the 8
Office of Management and Budget finds has re-9
sulted in or is likely to result in— 10
‘‘(i) an annual effect on the economy 11
of $100 million or more; 12
‘‘(ii) a major increase in costs or 13
prices for consumers, individual industries, 14
Federal, State, or local government agen-15
cies, or geographic regions; or 16
‘‘(iii) significant adverse effects on 17
competition, employment, investment, pro-18
ductivity, innovation, or the ability of 19
United States-based enterprises to compete 20
with foreign-based enterprises in domestic 21
and export markets; 22
‘‘(B) includes any significant guidance doc-23
ument; and 24
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‘‘(C) does not include any rule promul-1
gated under the Telecommunications Act of 2
1996 (Public Law 104–104; 110 Stat. 56) or 3
the amendments made by that Act. 4
‘‘(4) The term ‘nonmajor rule’ means any rule 5
that is not a major rule. 6
‘‘(5) The term ‘rule’— 7
‘‘(A) has the meaning given such term in 8
section 551, except that such term does not in-9
clude— 10
‘‘(i) any rule of particular applica-11
bility, including a rule that approves or 12
prescribes for the future rates, wages, 13
prices, services, or allowances therefore, 14
corporate or financial structures, reorga-15
nizations, mergers, or acquisitions thereof, 16
or accounting practices or disclosures bear-17
ing on any of the foregoing; 18
‘‘(ii) any rule relating to agency man-19
agement or personnel; or 20
‘‘(iii) any rule of agency organization, 21
procedure, or practice that does not sub-22
stantially affect the rights or obligations of 23
non-agency parties; and 24
‘‘(B) includes any guidance document. 25
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‘‘(6) The term ‘significant guidance docu-1
ment’— 2
‘‘(A) means a guidance document dissemi-3
nated to regulated entities or the general public 4
that may reasonably be anticipated to— 5
‘‘(i) lead to an annual effect of 6
$100,000,000 or more, or adversely affect 7
in a material way the economy, a sector of 8
the economy, productivity, competition, 9
employment, the environment, public 10
health or safety, or State, local, or Tribal 11
governments or communities; 12
‘‘(ii) create a serious inconsistency, or 13
otherwise interfere, with an action taken or 14
planned by another agency; 15
‘‘(iii) materially alter the budgetary 16
impact of any entitlement, grant, user fees, 17
or loan programs, or the rights or obliga-18
tions of recipients thereof; or 19
‘‘(iv) raise novel legal or policy issues 20
arising out of legal mandates; and 21
‘‘(B) does not include any guidance docu-22
ment— 23
‘‘(i) on regulations issued in accord-24
ance with section 556 or 557 of this title; 25
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‘‘(ii) that pertains to a military or for-1
eign affairs function of the United States, 2
other than procurement regulations and 3
regulations involving the import or export 4
of non-defense articles and services; 5
‘‘(iii) on regulations that are limited 6
to the organization, management, or per-7
sonnel matters of a Federal agency; or 8
‘‘(iv) belonging to a category of guid-9
ance documents exempted by the Adminis-10
trator of the Office of Information and 11
Regulatory Affairs. 12
‘‘(7) The term ‘submission or publication date’, 13
except as otherwise provided in this chapter, 14
means— 15
‘‘(A) in the case of a major rule, the date 16
on which the Congress receives the report sub-17
mitted under section 801(a)(1); and 18
‘‘(B) in the case of a nonmajor rule, the 19
later of— 20
‘‘(i) the date on which the Congress 21
receives the report submitted under section 22
801(a)(1); and 23
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‘‘(ii) the date on which the nonmajor 1
rule is published in the Federal Register, if 2
so published. 3
‘‘§ 805. Judicial review 4
‘‘(a) No determination, finding, action, or omission 5
under this chapter shall be subject to judicial review. 6
‘‘(b) Notwithstanding subsection (a), a court may de-7
termine whether a Federal agency has completed the nec-8
essary requirements under this chapter for a rule to take 9
effect. 10
‘‘(c) The enactment of a joint resolution of approval 11
under section 802 shall not be interpreted to serve as a 12
grant or modification of statutory authority by Congress 13
for the promulgation of a rule, shall not extinguish or af-14
fect any claim, whether substantive or procedural, against 15
any alleged defect in a rule, and shall not form part of 16
the record before the court in any judicial proceeding con-17
cerning a rule except for purposes of determining whether 18
or not the rule is in effect. 19
‘‘§ 806. Affirmative defense 20
‘‘It shall be an affirmative defense against an alleged 21
violation of a rule for a defendant in any administrative 22
proceeding of a Federal agency, or before a court of the 23
United States, if an individual of ordinary intelligence 24
could not anticipate from the statutory language of a pro-25
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vision of law purported to form the basis for the rule in 1
question that the conduct of the individual would be un-2
lawful. 3
‘‘§ 807. Private right of action 4
‘‘(a) A person aggrieved by the failure of a Federal 5
agency to comply with the requirements under this chapter 6
may bring a civil action in an appropriate district court 7
of the United States for injunctive relief before the date 8
on which the final rule in question takes effect. 9
‘‘(b)(1) A person that can demonstrate potential in-10
jury from a final rule before or after the final rule takes 11
effect may bring a civil action in an appropriate district 12
court of the United States to challenge the determination 13
of the Federal agency that the rule is not a major rule 14
under section 801(a)(1)(A)(iii). 15
‘‘(2) In a civil action brought under paragraph (1), 16
the court may— 17
‘‘(A) invalidate the final rule in question; or 18
‘‘(B) determine that the final rule in question 19
is a major rule and require the Federal agency to 20
comply with the requirements under this chapter ap-21
plicable to major rules, including congressional ap-22
proval under section 802. 23
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‘‘§ 808. Exemption for monetary policy 1
‘‘Nothing in this chapter shall apply to rules that con-2
cern monetary policy proposed or implemented by the 3
Board of Governors of the Federal Reserve System or the 4
Federal Open Market Committee. 5
‘‘§ 809. Exemption for deregulatory actions 6
‘‘Sections 802 and 803 shall not apply to a rule iden-7
tified as a deregulatory action in the Unified Agenda and 8
Annual Regulatory Plan under section 811. 9
‘‘§ 810. Effective date of certain rules 10
‘‘Notwithstanding section 801— 11
‘‘(1) any rule that establishes, modifies, opens, 12
closes, or conducts a regulatory program for a com-13
mercial, recreational, or subsistence activity related 14
to hunting, fishing, or camping; or 15
‘‘(2) any rule other than a major rule which a 16
Federal agency for good cause finds (and incor-17
porates the finding and a brief statement of reasons 18
therefore in the rule issued) that notice and public 19
procedure thereon are impracticable, unnecessary, or 20
contrary to the public interest, 21
shall take effect at such time as the Federal agency pro-22
mulgating the rule determines. 23
‘‘§ 811. Regulatory planning and budget 24
‘‘(a) In this section: 25
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‘‘(1) The term ‘costs’ means opportunity cost to 1
society. 2
‘‘(2) The term ‘cost savings’ means the cost im-3
posed by a regulatory action that is eliminated by 4
the repeal, replacement, or modification of such reg-5
ulatory action. 6
‘‘(3) The term ‘deregulatory action’ means the 7
repeal, replacement, or modification of an existing 8
regulatory action. 9
‘‘(4) The term ‘Director’ means the Director of 10
the Office of Management and Budget. 11
‘‘(5) The term ‘incremental regulatory cost’ 12
means the difference between the estimated cost of 13
issuing a significant regulatory action and the esti-14
mated cost saved by issuing any deregulatory action. 15
‘‘(6) The term ‘regulation’ or ‘rule’ has the 16
meaning given the term ‘rule’ in section 804. 17
‘‘(7) The term ‘regulatory action’ means— 18
‘‘(A) any regulation; and 19
‘‘(B) any other regulatory guidance, state-20
ment of policy, information collection request, 21
form, or reporting, recordkeeping, or disclosure 22
requirements that imposes a burden on the pub-23
lic or governs Federal agency operations. 24
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‘‘(8) The term ‘significant regulatory action’ 1
means any regulatory action, other than monetary 2
policy proposed or implemented by the Board of 3
Governors of the Federal Reserve System or the 4
Federal Open Market Committee, that is likely to— 5
‘‘(A) have an annual effect on the economy 6
of $100,000,000 or more or adversely affect in 7
a material way the economy, a sector of the 8
economy, productivity, competition, jobs, the 9
environment, public health or safety, or State, 10
local, or Tribal governments or communities; 11
‘‘(B) create a serious inconsistency or oth-12
erwise interfere with an action taken or planned 13
by another Federal agency; 14
‘‘(C) materially alter the budgetary impact 15
of entitlements, grants, user fees, or loan pro-16
grams or the rights and obligations of recipi-17
ents thereof; or 18
‘‘(D) raise a novel legal or policy issue. 19
‘‘(9) The term ‘State’ means each of the several 20
States, the District of Columbia, and each territory 21
or possession of the United States. 22
‘‘(b)(1) During the months of April and October of 23
each year, the Director shall publish a unified regulatory 24
agenda, which shall include— 25
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‘‘(A) regulatory and deregulatory actions under 1
development or review at agencies; 2
‘‘(B) a Federal regulatory plan of all significant 3
regulatory actions and associated deregulatory ac-4
tions that agencies reasonably expect to issue in pro-5
posed or final form in the current and following fis-6
cal year; and 7
‘‘(C) all information required to be included in 8
the regulatory flexibility agenda under section 602 of 9
this title. 10
‘‘(2) In accordance with guidance issued by the Di-11
rector and not less than 60 days before each date of publi-12
cation for the unified regulatory agenda under paragraph 13
(1), the head of each Federal agency shall submit to the 14
Director an agenda of all regulatory actions and deregula-15
tory actions under development at the Federal agency, in-16
cluding the following: 17
‘‘(A) For each regulatory action and deregula-18
tory action: 19
‘‘(i) A regulation identifier number. 20
‘‘(ii) A brief summary of the action. 21
‘‘(iii) The legal authority for the action. 22
‘‘(iv) Any legal deadline for the action. 23
‘‘(v) The name and contact information for 24
a knowledgeable Federal agency official. 25
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‘‘(vi) Any other information as required by 1
the Director. 2
‘‘(B) An annual regulatory plan, which shall in-3
clude a list of each significant regulatory action the 4
Federal agency reasonably expects to issue in pro-5
posed or final form in the current and following fis-6
cal year, including for each significant regulatory ac-7
tion: 8
‘‘(i) A summary, including the following: 9
‘‘(I) A statement of the regulatory ob-10
jectives. 11
‘‘(II) The legal authority for the ac-12
tion. 13
‘‘(III) A statement of the need for the 14
action. 15
‘‘(IV) The Federal agency’s schedule 16
for the action. 17
‘‘(ii) The estimated cost. 18
‘‘(iii) The estimated benefits. 19
‘‘(iv) Any deregulatory action identified. 20
‘‘(v) A best approximation of the total cost 21
or savings and any cost or savings associated 22
with a deregulatory action. 23
‘‘(vi) An estimate of the economic effects, 24
including any estimate of the net effect that 25
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such action will have on the number of jobs in 1
the United States, that was considered in draft-2
ing the action, or, if such estimate is not avail-3
able, a statement affirming that no information 4
on the economic effects, including the effect on 5
the number of jobs, of the action has been con-6
sidered. 7
‘‘(C) Information required under section 602 of 8
this title. 9
‘‘(D) Information required under any other law 10
to be reported by agencies about significant regu-11
latory actions, as determined by the Director. 12
‘‘(c)(1) In the April unified regulatory agenda de-13
scribed in subsection (b), the Director— 14
‘‘(A) shall establish the annual Federal Regu-15
latory Budget, which specifies the net amount of in-16
cremental regulatory costs allowed by the Federal 17
Government and at each Federal agency for the next 18
fiscal year; and 19
‘‘(B) may set the incremental regulatory cost 20
allowance to allow an increase, prohibit an increase, 21
or require a decrease of incremental regulatory 22
costs. 23
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‘‘(2) If the Director does not set a net amount of 1
incremental regulatory costs allowed for a Federal agency, 2
the net incremental regulatory cost allowed shall be zero. 3
‘‘(d) Except as otherwise required by law, a signifi-4
cant regulatory action shall have no effect unless— 5
‘‘(1) the— 6
‘‘(A) head of the Federal agency identifies 7
at least 1 deregulatory action to offset the costs 8
of the significant regulatory action and issues 9
the deregulatory action before or on the same 10
schedule as the significant regulatory action; 11
‘‘(B) incremental costs of the significant 12
regulatory action as offset by any deregulatory 13
action issued before or on the same schedule as 14
the significant regulatory action do not cause 15
the Federal agency to exceed or contribute to 16
the Federal agency exceeding the incremental 17
regulatory cost allowance of the Federal agency 18
for that fiscal year; and 19
‘‘(C) significant regulatory action was in-20
cluded on the most recent version or update of 21
the published unified regulatory agenda; or 22
‘‘(2) the issuance of the significant regulatory 23
action was approved in advance in writing by the Di-24
rector and the written approval is publicly available 25
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online prior to the issuance of the significant regu-1
latory action. 2
‘‘(e)(1) Not later than 90 days after the date of the 3
enactment of this section, the Director shall establish and 4
issue guidance on how agencies should comply with the 5
requirements of this section. Such guidance shall include 6
the following: 7
‘‘(A) A process for standardizing the measure-8
ment and estimation of regulatory costs, including 9
cost savings associated with deregulatory actions. 10
‘‘(B) Standards for determining what qualifies 11
as a deregulatory action. 12
‘‘(C) Standards for determining the costs of ex-13
isting regulatory actions that are considered for re-14
peal, replacement, or modification. 15
‘‘(D) Standards by which the Director will de-16
termine whether a regulatory action or a collection 17
of regulatory actions qualifies as a significant regu-18
latory action. 19
‘‘(2) The Director shall update the guidance issued 20
pursuant to this subsection as necessary. 21
‘‘§ 812. Publication of guidance documents on the 22
internet 23
‘‘(a) In this section, the term ‘Director’ means the 24
Director of the Office of Management and Budget. 25
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‘‘(b) Subject to subsection (e), on the date on which 1
a Federal agency issues a guidance document, the Federal 2
agency shall publish the guidance document in accordance 3
with the requirements under subsection (d). 4
‘‘(c) Subject to subsection (e), not later than 180 5
days after the date of enactment of this section, each Fed-6
eral agency shall publish, in accordance with the require-7
ments under subsection (c), any guidance document issued 8
by that Federal agency that is in effect on that date. 9
‘‘(d)(1) All guidance documents published under sub-10
sections (b) and (c) by a Federal agency shall be published 11
in a single location on an internet website designated by 12
the Director under paragraph (4). 13
‘‘(2) Each Federal agency shall, for guidance docu-14
ments published by the Federal agency under subsections 15
(b) and (c), publish a hyperlink on the internet website 16
of the Federal agency that provides access to the guidance 17
documents at the location described in paragraph (1). 18
‘‘(3)(A) The guidance documents described in para-19
graph (1) shall be— 20
‘‘(i) categorized as guidance documents; and 21
‘‘(ii) further divided into subcategories as ap-22
propriate. 23
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‘‘(B) The hyperlinks described in paragraph (2) shall 1
be prominently displayed on the internet website of the 2
Federal agency. 3
‘‘(4) Not later than 90 days after the date of enact-4
ment of this section, the Director shall designate an inter-5
net website on which guidance documents shall be pub-6
lished under subsections (b) and (c). 7
‘‘(e) If a guidance document issued by a Federal 8
agency is a document that is exempt from disclosure under 9
section 552(b) of this title (commonly known as the ‘Free-10
dom of Information Act’), or contains information that is 11
exempt from disclosure under that section, that document 12
or information, as the case may be, shall not be subject 13
to the requirements under this section. 14
‘‘(f) On the date on which a guidance document 15
issued by a Federal agency is rescinded, or, in the case 16
of a guidance document that is rescinded pursuant to a 17
court order, not later than the date on which the order 18
is entered, the Federal agency shall, at the location de-19
scribed in subsection (d)(1)— 20
‘‘(1) maintain the rescinded guidance docu-21
ment; and 22
‘‘(2) indicate— 23
‘‘(A) that the guidance document is re-24
scinded; 25
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‘‘(B) if the guidance document was re-1
scinded pursuant to a court order, the case 2
number of the case in which the order was en-3
tered; and 4
‘‘(C) the date on which the guidance docu-5
ment was rescinded. 6
‘‘§ 813. Expiration of rules 7
‘‘(a)(1) Except as provided in this section, each major 8
rule made by a Federal agency shall cease to have effect— 9
‘‘(A) beginning on the date that is 10 years 10
after the date of enactment of a joint resolution de-11
scribed in subsection (d) with regard to the rule; or 12
‘‘(B) if a joint resolution of extension described 13
in subsection (d) has been enacted with regard to 14
the rule, beginning on the date that is 10 years after 15
the date of enactment of the most recently enacted 16
such joint resolution. 17
‘‘(2) The rule may not be reissued in substantially 18
the same form, and a new rule that is substantially the 19
same as such a rule may not be issued, unless the reissued 20
or new rule is specifically authorized by a law enacted 21
after the date described in this subsection (a). 22
‘‘(b) Not later than 180 days before the date de-23
scribed in subsection (a), the Federal agency shall submit 24
a report similar to the report described in 801(a)(1)(A) 25
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to each House of Congress and to the Comptroller Gen-1
eral, except that instead of the proposed effective date, 2
such report shall contain the date described in subsection 3
(a). 4
‘‘(c) The President may by Executive order exempt 5
not more than 1 rule during each Congress from the appli-6
cation of subsection (a) for a period of not more than 30 7
days if the President determines, and submits to Congress 8
written notice of such determination, that such rule is— 9
‘‘(1) necessary because of an imminent threat 10
to health or safety or other emergency; 11
‘‘(2) necessary for the enforcement of criminal 12
laws; 13
‘‘(3) necessary for national security; or 14
‘‘(4) issued pursuant to any statute imple-15
menting an international trade agreement. 16
‘‘(d)(1) For purposes of this section, the term ‘joint 17
resolution’ means only a joint resolution introduced on or 18
after the date on which the report referred to subsection 19
(b) is received by Congress (excluding days either House 20
of Congress is adjourned for more than 3 days during a 21
session of Congress), the matter after the resolving clause 22
of which is as follows: ‘‘That Congress extends the rule 23
submitted by the ll relating to ll.’’ (The blank 24
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spaces being appropriately filled in). The following shall 1
apply to such a joint resolution: 2
‘‘(A) In the House, the majority leader of the 3
House of Representatives (or his designee) and the 4
minority leader of the House of Representatives (or 5
his designee) shall introduce such joint resolution 6
(by request), within 3 legislative days after Congress 7
receives the report submitted under subsection (b). 8
‘‘(B) In the Senate, the majority leader of the 9
Senate (or his designee) and the minority leader of 10
the Senate (or his designee) shall introduce such 11
joint resolution described in subsection (a) (by re-12
quest), within 3 session days after Congress receives 13
the report submitted under subsection (b). 14
‘‘(2) Subsections (b) through (g) of section 802 shall 15
apply to a joint resolution described in paragraph (1) of 16
this subsection in the same manner as a joint resolution 17
described in subsection (a) of section 802, except that for 18
purposes of that subsection, the term ‘submission date’ 19
means the date on which the Congress receives the report 20
submitted under subsection (b). 21
‘‘§ 814. Review of rules in effect 22
‘‘(a) Beginning on the date that is 6 months after 23
the date of enactment of this section and annually there-24
after for the 9 years following, each Federal agency shall 25
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designate not less than 10 percent of eligible rules made 1
by that Federal agency for review, and shall submit a re-2
port including each such eligible rule in the same manner 3
as a report under section 801(a)(1). Section 801 and sec-4
tion 802 shall apply to each such rule, subject to sub-5
section (c) of this section. No eligible rule previously des-6
ignated may be designated again. 7
‘‘(b) Beginning after the date that is 10 years after 8
the date of enactment of this section, if Congress has not 9
enacted a joint resolution of approval for that eligible rule, 10
that eligible rule shall not continue in effect. 11
‘‘(c) In applying sections 801 and 802 to eligible rules 12
under this section, the following shall apply: 13
‘‘(1) The words ‘take effect’ shall be read as 14
‘continue in effect’. 15
‘‘(2) Except as provided in paragraph (3), a 16
single joint resolution of approval shall apply to all 17
eligible rules in a report designated for a year, and 18
the matter after the resolving clause of that joint 19
resolution is as follows: ‘‘That Congress approves 20
the rules submitted by the ll for the year ll.’’ 21
(The blank spaces being appropriately filled in). 22
‘‘(3) It shall be in order to consider any amend-23
ment that provides for specific conditions on which 24
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the approval of a particular eligible rule included in 1
the joint resolution is contingent. 2
‘‘(4) A Member of either House may move that 3
a separate joint resolution be required for a specified 4
rule. 5
‘‘(d) In this section, the term ‘eligible rule’ means a 6
major rule that is in effect as of the date of enactment 7
of this section.’’. 8
SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SEC-9
TION 802 OF TITLE 5, UNITED STATES CODE. 10
Section 257(b)(2) of the Balanced Budget and Emer-11
gency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) 12
is amended by adding at the end the following new sub-13
paragraph: 14
‘‘(E) B
UDGETARY EFFECTS OF RULES 15
SUBJECT TO SECTION 802 OF TITLE 5 , UNITED 16
STATES CODE.—Any rule subject to the con-17
gressional approval procedure set forth in sec-18
tion 802 of title 5, United States Code, affect-19
ing budget authority, outlays, or receipts shall 20
be assumed to be effective unless it is not ap-21
proved in accordance with such section.’’. 22
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SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 1
RULES. 2
(a) I
NGENERAL.—The Comptroller General of the 3
United States shall conduct a study to determine, as of 4
the date of enactment of this Act— 5
(1) how many rules (as such term is defined in 6
section 804 of title 5, United States Code) were in 7
effect; 8
(2) how many major rules (as such term is de-9
fined in section 804 of title 5, United States Code) 10
were in effect; and 11
(3) the total estimated economic cost imposed 12
by all such rules. 13
(b) R
EPORT.—Not later than 1 year after the date 14
of the enactment of this Act, the Comptroller General of 15
the United States shall submit a report to Congress that 16
contains the findings of the study conducted under sub-17
section (a). 18
SEC. 6. DEFINITION OF ‘‘RULE’’ TO INCLUDE SIGNIFICANT 19
GUIDANCE. 20
Section 551(4) of title 5, United States Code, is 21
amended by inserting before the semicolon at the end the 22
following: ‘‘, as well as significant guidance (as such term 23
is defined in section 804).’’. 24
Æ
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