Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB485 Compare Versions

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Old	New	Differences
1	1	II
2	2	119THCONGRESS
3	3	1
4	4	STSESSION S. 485
5	5	To amend chapter 8 of title 5, United States Code, to provide that major
6	6	rules of the executive branch shall have no force or effect unless a
7	7	joint resolution of approval is enacted into law.
8	8	IN THE SENATE OF THE UNITED STATES
9	9	FEBRUARY6 (legislative day, FEBRUARY5), 2025
10	10	Mr. P
11	11	AUL(for himself, Mrs. BLACKBURN, Mrs. BRITT, Mr. BUDD, Mr.
12	12	C
13	13	RAMER, Mr. CRAPO, Mr. LANKFORD, Mr. LEE, Ms. LUMMIS, Mr. MAR-
14	14	SHALL, Mr. MORENO, Mr. RISCH, Mr. SCOTTof Florida, Mr. ROUNDS,
15	15	Mr. S
16	16	CHMITT, Mr. SHEEHY, Mr. TUBERVILLE, Mr. GRASSLEY, and Mr.
17	17	D
18	18	AINES) introduced the following bill; which was read twice and referred
19	19	to the Committee on Homeland Security and Governmental Affairs
20	20	A BILL
21	21	To amend chapter 8 of title 5, United States Code, to provide
22	22	that major rules of the executive branch shall have no
23	23	force or effect unless a joint resolution of approval is
24	24	enacted into law.
25	25	Be it enacted by the Senate and House of Representa-1
26	26	tives of the United States of America in Congress assembled, 2
27	27	SECTION 1. SHORT TITLE. 3
28	28	This Act may be cited as the ‘‘Regulations from the 4
29	29	Executive in Need of Scrutiny Act of 2025’’. 5
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33	33	SEC. 2. PURPOSE. 1
34	34	The purpose of this Act is to increase accountability 2
35	35	for and transparency in the Federal regulatory process. 3
36	36	Section 1 of article I of the Constitution of the United 4
37	37	States grants all legislative powers to Congress. Over time, 5
38	38	Congress has excessively delegated its constitutional 6
39	39	charge while failing to conduct appropriate oversight and 7
40	40	retain accountability for the content of the laws it passes. 8
41	41	By requiring a vote in Congress, this Act will result in 9
42	42	more carefully drafted and detailed legislation, an im-10
43	43	proved regulatory process, and a legislative branch that 11
44	44	is truly accountable to the American people for the laws 12
45	45	imposed upon them. 13
46	46	SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE-14
47	47	MAKING. 15
48	48	Chapter 8 of title 5, United States Code, is amended 16
49	49	to read as follows: 17
50	50	‘‘CHAPTER 8—CONGRESSIONAL REVIEW 18
51	51	OF AGENCY RULEMAKING 19
52	52	‘‘Sec.
53	53	‘‘801. Congressional review.
54	54	‘‘802. Congressional approval procedure for major rules.
55	55	‘‘803. Congressional disapproval procedure for nonmajor rules.
56	56	‘‘804. Definitions.
57	57	‘‘805. Judicial review.
58	58	‘‘806. Affirmative defense.
59	59	‘‘807. Private right of action.
60	60	‘‘808. Exemption for monetary policy.
61	61	‘‘809. Exemption for deregulatory actions.
62	62	‘‘810. Effective date of certain rules.
63	63	‘‘811. Regulatory planning and budget.
64	64	‘‘812. Publication of guidance documents on the internet.
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68	68	‘‘813. Expiration of rules.
69	69	‘‘814. Review of rules in effect.
70	70	‘‘§ 801. Congressional review 1
71	71	‘‘(a)(1)(A) Before a rule may take effect, the Federal 2
72	72	agency promulgating such rule shall publish in the Federal 3
73	73	Register a list of information on which the rule is based, 4
74	74	including data, scientific and economic studies, and cost- 5
75	75	benefit analyses, and identify how the public can access 6
76	76	such information online, and shall submit to each House 7
77	77	of the Congress and to the Comptroller General a report 8
78	78	containing— 9
79	79	‘‘(i) a copy of the rule; 10
80	80	‘‘(ii) a concise general statement relating to the 11
81	81	rule; 12
82	82	‘‘(iii) a classification of the rule as a major or 13
83	83	nonmajor rule, including an explanation of the clas-14
84	84	sification specifically addressing each criteria for a 15
85	85	major rule contained within subparagraphs (A) 16
86	86	through (C) of section 804(3); 17
87	87	‘‘(iv) a list of any other related regulatory ac-18
88	88	tions intended to implement the same statutory pro-19
89	89	vision or regulatory objective as well as the indi-20
90	90	vidual and aggregate economic effects of those ac-21
91	91	tions; and 22
92	92	‘‘(v) the proposed effective date of the rule. 23
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96	96	‘‘(B) On the date of the submission of the report 1
97	97	under subparagraph (A), the Federal agency promulgating 2
98	98	the rule shall submit to the Comptroller General and make 3
99	99	available to each House of Congress— 4
100	100	‘‘(i) a complete copy of the cost-benefit analysis 5
101	101	of the rule, if any, including an analysis of any jobs 6
102	102	added or lost, differentiating between public and pri-7
103	103	vate sector jobs; 8
104	104	‘‘(ii) the agency’s actions pursuant to sections 9
105	105	603, 604, 605, 607, and 609 of this title; 10
106	106	‘‘(iii) the agency’s actions pursuant to sections 11
107	107	202, 203, 204, and 205 of the Unfunded Mandates 12
108	108	Reform Act of 1995 (2 U.S.C. 1532, 1533, 1534, 13
109	109	1535); and 14
110	110	‘‘(iv) any other relevant information or require-15
111	111	ments under any other Act and any relevant Execu-16
112	112	tive orders. 17
113	113	‘‘(C) Upon receipt of a report submitted under sub-18
114	114	paragraph (A), each House shall provide copies of the re-19
115	115	port to the chairman and ranking member of each stand-20
116	116	ing committee with jurisdiction under the rules of the 21
117	117	House of Representatives or the Senate to report a bill 22
118	118	to amend the provision of law under which the rule is 23
119	119	issued. 24
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123	123	‘‘(2)(A) The Comptroller General shall provide a re-1
124	124	port on each major rule to the committees of jurisdiction 2
125	125	by the end of 15 calendar days after the submission or 3
126	126	publication date. The report of the Comptroller General 4
127	127	shall include an assessment of the agency’s compliance 5
128	128	with procedural steps required by paragraph (1)(B) and 6
129	129	an assessment of whether the major rule imposes any new 7
130	130	limits or mandates on private-sector activity. 8
131	131	‘‘(B) Federal agencies shall cooperate with the Comp-9
132	132	troller General by providing information relevant to the 10
133	133	Comptroller General’s report under subparagraph (A). 11
134	134	‘‘(3) A major rule relating to a report submitted 12
135	135	under paragraph (1) shall take effect upon enactment of 13
136	136	a joint resolution of approval described in section 802 or 14
137	137	as provided for in the rule following enactment of a joint 15
138	138	resolution of approval described in section 802, whichever 16
139	139	is later. 17
140	140	‘‘(4) A nonmajor rule shall take effect as provided 18
141	141	by section 803 after submission to Congress under para-19
142	142	graph (1). 20
143	143	‘‘(5) If a joint resolution of approval relating to a 21
144	144	major rule is not enacted within the period provided in 22
145	145	subsection (b)(2), then a joint resolution of approval relat-23
146	146	ing to the same rule may not be considered under this 24
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150	150	chapter in the same Congress by either the House of Rep-1
151	151	resentatives or the Senate. 2
152	152	‘‘(b)(1) A major rule shall not take effect unless the 3
153	153	Congress enacts a joint resolution of approval described 4
154	154	under section 802. 5
155	155	‘‘(2) If a joint resolution described in subsection (a) 6
156	156	is not enacted into law by the end of 70 session days or 7
157	157	legislative days, as applicable, beginning on the date on 8
158	158	which the report referred to in subsection (a)(1)(A) is re-9
159	159	ceived by Congress (excluding days either House of Con-10
160	160	gress is adjourned for more than 3 days during a session 11
161	161	of Congress), then the rule described in that resolution 12
162	162	shall be deemed not to be approved and such rule shall 13
163	163	not take effect. 14
164	164	‘‘(c)(1) Notwithstanding any other provision of this 15
165	165	section (except subject to paragraph (3)), a major rule 16
166	166	may take effect for one 90-calendar-day period if the 17
167	167	President makes a determination under paragraph (2) and 18
168	168	submits written notice of such determination to the Con-19
169	169	gress. 20
170	170	‘‘(2) Paragraph (1) applies to a determination made 21
171	171	by the President by Executive order that the major rule 22
172	172	should take effect because such rule is— 23
173	173	‘‘(A) necessary because of an imminent threat 24
174	174	to health or safety or other emergency; 25
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178	178	‘‘(B) necessary for the enforcement of criminal 1
179	179	laws; 2
180	180	‘‘(C) necessary for national security; or 3
181	181	‘‘(D) issued pursuant to any statute imple-4
182	182	menting an international trade agreement. 5
183	183	‘‘(3) An exercise by the President of the authority 6
184	184	under this subsection shall have no effect on the proce-7
185	185	dures under section 802. 8
186	186	‘‘(d)(1) In addition to the opportunity for review oth-9
187	187	erwise provided under this chapter, in the case of any rule 10
188	188	for which a report was submitted in accordance with sub-11
189	189	section (a)(1)(A) during the period beginning on the date 12
190	190	occurring— 13
191	191	‘‘(A) in the case of the Senate, 60 session days; 14
192	192	or 15
193	193	‘‘(B) in the case of the House of Representa-16
194	194	tives, 60 legislative days, 17
195	195	before the date the Congress is scheduled to adjourn a 18
196	196	session of Congress through the date on which the same 19
197	197	or succeeding Congress first convenes its next session, sec-20
198	198	tions 802 and 803 shall apply to such rule in the suc-21
199	199	ceeding session of Congress. 22
200	200	‘‘(2)(A) In applying sections 802 and 803 for pur-23
201	201	poses of such additional review, a rule described under 24
202	202	paragraph (1) shall be treated as though— 25
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206	206	‘‘(i) such rule were published in the Federal 1
207	207	Register on— 2
208	208	‘‘(I) in the case of the Senate, the 15th 3
209	209	session day; or 4
210	210	‘‘(II) in the case of the House of Rep-5
211	211	resentatives, the 15th legislative day, 6
212	212	after the succeeding session of Congress first con-7
213	213	venes; and 8
214	214	‘‘(ii) a report on such rule were submitted to 9
215	215	Congress under subsection (a)(1) on such date. 10
216	216	‘‘(B) Nothing in this paragraph shall be construed 11
217	217	to affect the requirement under subsection (a)(1) that a 12
218	218	report shall be submitted to Congress before a rule can 13
219	219	take effect. 14
220	220	‘‘(3) A rule described under paragraph (1) shall take 15
221	221	effect as otherwise provided by law (including other sub-16
222	222	sections of this section). 17
223	223	‘‘§ 802. Congressional approval procedure for major 18
224	224	rules 19
225	225	‘‘(a)(1) For purposes of this section, the term ‘joint 20
226	226	resolution’ means only a joint resolution addressing a re-21
227	227	port classifying a rule as major pursuant to section 22
228	228	801(a)(1)(A)(iii) that— 23
229	229	‘‘(A) bears no preamble; 24
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233	233	‘‘(B) bears the following title (with blanks filled 1
234	234	as appropriate): ‘Approving the rule submitted by 2
235	235	lll relating to lll.’; 3
236	236	‘‘(C) includes after its resolving clause only the 4
237	237	following (with blanks filled as appropriate): ‘That 5
238	238	Congress approves the rule submitted by lll re-6
239	239	lating to lll.’; and 7
240	240	‘‘(D) is introduced pursuant to paragraph (2). 8
241	241	‘‘(2) After a House of Congress receives a report 9
242	242	classifying a rule as major pursuant to section 10
243	243	801(a)(1)(A)(iii), the majority leader of that House (or 11
244	244	his or her respective designee) shall introduce (by request, 12
245	245	if appropriate) a joint resolution described in paragraph 13
246	246	(1)— 14
247	247	‘‘(A) in the case of the House of Representa-15
248	248	tives, within 3 legislative days; and 16
249	249	‘‘(B) in the case of the Senate, within 3 session 17
250	250	days. 18
251	251	‘‘(3) A joint resolution described in paragraph (1) 19
252	252	shall not be subject to amendment at any stage of pro-20
253	253	ceeding. 21
254	254	‘‘(b) A joint resolution described in subsection (a) 22
255	255	shall be referred in each House of Congress to the commit-23
256	256	tees having jurisdiction over the provision of law under 24
257	257	which the rule is issued. 25
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261	261	‘‘(c) In the Senate, if the committee or committees 1
262	262	to which a joint resolution described in subsection (a) has 2
263	263	been referred have not reported it at the end of 15 session 3
264	264	days after its introduction, such committee or committees 4
265	265	shall be automatically discharged from further consider-5
266	266	ation of the resolution and it shall be placed on the cal-6
267	267	endar. A vote on final passage of the resolution shall be 7
268	268	taken on or before the close of the 15th session day after 8
269	269	the resolution is reported by the committee or committees 9
270	270	to which it was referred, or after such committee or com-10
271	271	mittees have been discharged from further consideration 11
272	272	of the resolution. 12
273	273	‘‘(d)(1) In the Senate, when the committee or com-13
274	274	mittees to which a joint resolution is referred have re-14
275	275	ported, or when a committee or committees are discharged 15
276	276	(under subsection (c)) from further consideration of a 16
277	277	joint resolution described in subsection (a), it is at any 17
278	278	time thereafter in order (even though a previous motion 18
279	279	to the same effect has been disagreed to) for a motion 19
280	280	to proceed to the consideration of the joint resolution, and 20
281	281	all points of order against the joint resolution (and against 21
282	282	consideration of the joint resolution) are waived. The mo-22
283	283	tion is not subject to amendment, or to a motion to post-23
284	284	pone, or to a motion to proceed to the consideration of 24
285	285	other business. A motion to reconsider the vote by which 25
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289	289	the motion is agreed to or disagreed to shall not be in 1
290	290	order. If a motion to proceed to the consideration of the 2
291	291	joint resolution is agreed to, the joint resolution shall re-3
292	292	main the unfinished business of the Senate until disposed 4
293	293	of. 5
294	294	‘‘(2) In the Senate, debate on the joint resolution, 6
295	295	and on all debatable motions and appeals in connection 7
296	296	therewith, shall be limited to not more than 2 hours, which 8
297	297	shall be divided equally between those favoring and those 9
298	298	opposing the joint resolution. A motion to further limit 10
299	299	debate is in order and not debatable. An amendment to, 11
300	300	or a motion to postpone, or a motion to proceed to the 12
301	301	consideration of other business, or a motion to recommit 13
302	302	the joint resolution is not in order. 14
303	303	‘‘(3) In the Senate, immediately following the conclu-15
304	304	sion of the debate on a joint resolution described in sub-16
305	305	section (a), and a single quorum call at the conclusion of 17
306	306	the debate if requested in accordance with the rules of the 18
307	307	Senate, the vote on final passage of the joint resolution 19
308	308	shall occur. 20
309	309	‘‘(4) Appeals from the decisions of the Chair relating 21
310	310	to the application of the rules of the Senate to the proce-22
311	311	dure relating to a joint resolution described in subsection 23
312	312	(a) shall be decided without debate. 24
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316	316	‘‘(e) In the House of Representatives, if any com-1
317	317	mittee to which a joint resolution described in subsection 2
318	318	(a) has been referred has not reported it to the House 3
319	319	at the end of 15 legislative days after its introduction, 4
320	320	such committee shall be discharged from further consider-5
321	321	ation of the joint resolution, and it shall be placed on the 6
322	322	appropriate calendar. On the second and fourth Thursdays 7
323	323	of each month it shall be in order at any time for the 8
324	324	Speaker to recognize a Member who favors passage of a 9
325	325	joint resolution that has appeared on the calendar for at 10
326	326	least 5 legislative days to call up that joint resolution for 11
327	327	immediate consideration in the House without intervention 12
328	328	of any point of order. When so called up a joint resolution 13
329	329	shall be considered as read and shall be debatable for 1 14
330	330	hour equally divided and controlled by the proponent and 15
331	331	an opponent, and the previous question shall be considered 16
332	332	as ordered to its passage without intervening motion. It 17
333	333	shall not be in order to reconsider the vote on passage. 18
334	334	If a vote on final passage of the joint resolution has not 19
335	335	been taken by the third Thursday on which the Speaker 20
336	336	may recognize a Member under this subsection, such vote 21
337	337	shall be taken on that day. 22
338	338	‘‘(f)(1) If, before passing a joint resolution described 23
339	339	in subsection (a), one House receives from the other a 24
340	340	joint resolution having the same text, then— 25
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344	344	‘‘(A) the joint resolution of the other House 1
345	345	shall not be referred to a committee; and 2
346	346	‘‘(B) the procedure in the receiving House shall 3
347	347	be the same as if no joint resolution had been re-4
348	348	ceived from the other House until the vote on pas-5
349	349	sage, when the joint resolution received from the 6
350	350	other House shall supplant the joint resolution of 7
351	351	the receiving House. 8
352	352	‘‘(2) This subsection shall not apply to the House of 9
353	353	Representatives if the joint resolution received from the 10
354	354	Senate is a revenue measure. 11
355	355	‘‘(g) If either House has not taken a vote on final 12
356	356	passage of the joint resolution by the last day of the period 13
357	357	described in section 801(b)(2), then such vote shall be 14
358	358	taken on that day. 15
359	359	‘‘(h) This section and section 803 are enacted by 16
360	360	Congress— 17
361	361	‘‘(1) as an exercise of the rulemaking power of 18
362	362	the Senate and House of Representatives, respec-19
363	363	tively, and as such are deemed to be part of the 20
364	364	rules of each House, respectively, but applicable only 21
365	365	with respect to the procedure to be followed in that 22
366	366	House in the case of a joint resolution described in 23
367	367	subsection (a) and superseding other rules only 24
368	368	where explicitly so; and 25
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372	372	‘‘(2) with full recognition of the constitutional 1
373	373	right of either House to change the rules (so far as 2
374	374	they relate to the procedure of that House) at any 3
375	375	time, in the same manner and to the same extent as 4
376	376	in the case of any other rule of that House. 5
377	377	‘‘§ 803. Congressional disapproval procedure for 6
378	378	nonmajor rules 7
379	379	‘‘(a) For purposes of this section, the term ‘joint res-8
380	380	olution’ means only a joint resolution introduced in the 9
381	381	period beginning on the date on which the report referred 10
382	382	to in section 801(a)(1)(A) is received by Congress and 11
383	383	ending 60 days thereafter (excluding days either House 12
384	384	of Congress is adjourned for more than 3 days during a 13
385	385	session of Congress), the matter after the resolving clause 14
386	386	of which is as follows: ‘That Congress disapproves the 15
387	387	nonmajor rule submitted by the lll relating to 16
388	388	lll, and such rule shall have no force or effect.’ (The 17
389	389	blank spaces being appropriately filled in). 18
390	390	‘‘(b) A joint resolution described in subsection (a) 19
391	391	shall be referred to the committees in each House of Con-20
392	392	gress with jurisdiction. 21
393	393	‘‘(c) In the Senate, if the committee to which is re-22
394	394	ferred a joint resolution described in subsection (a) has 23
395	395	not reported such joint resolution (or an identical joint 24
396	396	resolution) at the end of 15 session days after the date 25
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400	400	of introduction of the joint resolution, such committee may 1
401	401	be discharged from further consideration of such joint res-2
402	402	olution upon a petition supported in writing by 30 Mem-3
403	403	bers of the Senate, and such joint resolution shall be 4
404	404	placed on the calendar. 5
405	405	‘‘(d)(1) In the Senate, when the committee to which 6
406	406	a joint resolution is referred has reported, or when a com-7
407	407	mittee is discharged (under subsection (c)) from further 8
408	408	consideration of a joint resolution described in subsection 9
409	409	(a), it is at any time thereafter in order (even though a 10
410	410	previous motion to the same effect has been disagreed to) 11
411	411	for a motion to proceed to the consideration of the joint 12
412	412	resolution, and all points of order against the joint resolu-13
413	413	tion (and against consideration of the joint resolution) are 14
414	414	waived. The motion is not subject to amendment, or to 15
415	415	a motion to postpone, or to a motion to proceed to the 16
416	416	consideration of other business. A motion to reconsider the 17
417	417	vote by which the motion is agreed to or disagreed to shall 18
418	418	not be in order. If a motion to proceed to the consideration 19
419	419	of the joint resolution is agreed to, the joint resolution 20
420	420	shall remain the unfinished business of the Senate until 21
421	421	disposed of. 22
422	422	‘‘(2) In the Senate, debate on the joint resolution, 23
423	423	and on all debatable motions and appeals in connection 24
424	424	therewith, shall be limited to not more than 10 hours, 25
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428	428	which shall be divided equally between those favoring and 1
429	429	those opposing the joint resolution. A motion to further 2
430	430	limit debate is in order and not debatable. An amendment 3
431	431	to, or a motion to postpone, or a motion to proceed to 4
432	432	the consideration of other business, or a motion to recom-5
433	433	mit the joint resolution is not in order. 6
434	434	‘‘(3) In the Senate, immediately following the conclu-7
435	435	sion of the debate on a joint resolution described in sub-8
436	436	section (a), and a single quorum call at the conclusion of 9
437	437	the debate if requested in accordance with the rules of the 10
438	438	Senate, the vote on final passage of the joint resolution 11
439	439	shall occur. 12
440	440	‘‘(4) Appeals from the decisions of the Chair relating 13
441	441	to the application of the rules of the Senate to the proce-14
442	442	dure relating to a joint resolution described in subsection 15
443	443	(a) shall be decided without debate. 16
444	444	‘‘(e) In the Senate, the procedure specified in sub-17
445	445	section (c) or (d) shall not apply to the consideration of 18
446	446	a joint resolution respecting a nonmajor rule— 19
447	447	‘‘(1) after the expiration of the 60 session days 20
448	448	beginning with the applicable submission or publica-21
449	449	tion date; or 22
450	450	‘‘(2) if the report under section 801(a)(1)(A) 23
451	451	was submitted during the period referred to in sec-24
452	452	tion 801(d)(1), after the expiration of the 60 session 25
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455	455	•S 485 IS
456	456	days beginning on the 15th session day after the 1
457	457	succeeding session of Congress first convenes. 2
458	458	‘‘(f) If, before the passage by one House of a joint 3
459	459	resolution of that House described in subsection (a), that 4
460	460	House receives from the other House a joint resolution 5
461	461	described in subsection (a), then the following procedures 6
462	462	shall apply: 7
463	463	‘‘(1) The joint resolution of the other House 8
464	464	shall not be referred to a committee. 9
465	465	‘‘(2) With respect to a joint resolution described 10
466	466	in subsection (a) of the House receiving the joint 11
467	467	resolution— 12
468	468	‘‘(A) the procedure in that House shall be 13
469	469	the same as if no joint resolution had been re-14
470	470	ceived from the other House; but 15
471	471	‘‘(B) the vote on final passage shall be on 16
472	472	the joint resolution of the other House. 17
473	473	‘‘§ 804. Definitions 18
474	474	‘‘For purposes of this chapter: 19
475	475	‘‘(1) The term ‘Federal agency’ means any 20
476	476	agency as that term is defined in section 551(1). 21
477	477	‘‘(2) The term ‘guidance document’ means a 22
478	478	statement of general applicability and future effect, 23
479	479	other than a regulatory action, issued by a Federal 24
480	480	agency that sets forth— 25
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483	483	•S 485 IS
484	484	‘‘(A) a policy on a statutory, regulatory, or 1
485	485	technical issue; or 2
486	486	‘‘(B) an interpretation of a statutory or 3
487	487	regulatory issue. 4
488	488	‘‘(3) The term ‘major rule’— 5
489	489	‘‘(A) means any rule, including an interim 6
490	490	final rule, that the Administrator of the Office 7
491	491	of Information and Regulatory Affairs of the 8
492	492	Office of Management and Budget finds has re-9
493	493	sulted in or is likely to result in— 10
494	494	‘‘(i) an annual effect on the economy 11
495	495	of $100 million or more; 12
496	496	‘‘(ii) a major increase in costs or 13
497	497	prices for consumers, individual industries, 14
498	498	Federal, State, or local government agen-15
499	499	cies, or geographic regions; or 16
500	500	‘‘(iii) significant adverse effects on 17
501	501	competition, employment, investment, pro-18
502	502	ductivity, innovation, or the ability of 19
503	503	United States-based enterprises to compete 20
504	504	with foreign-based enterprises in domestic 21
505	505	and export markets; 22
506	506	‘‘(B) includes any significant guidance doc-23
507	507	ument; and 24
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510	510	•S 485 IS
511	511	‘‘(C) does not include any rule promul-1
512	512	gated under the Telecommunications Act of 2
513	513	1996 (Public Law 104–104; 110 Stat. 56) or 3
514	514	the amendments made by that Act. 4
515	515	‘‘(4) The term ‘nonmajor rule’ means any rule 5
516	516	that is not a major rule. 6
517	517	‘‘(5) The term ‘rule’— 7
518	518	‘‘(A) has the meaning given such term in 8
519	519	section 551, except that such term does not in-9
520	520	clude— 10
521	521	‘‘(i) any rule of particular applica-11
522	522	bility, including a rule that approves or 12
523	523	prescribes for the future rates, wages, 13
524	524	prices, services, or allowances therefore, 14
525	525	corporate or financial structures, reorga-15
526	526	nizations, mergers, or acquisitions thereof, 16
527	527	or accounting practices or disclosures bear-17
528	528	ing on any of the foregoing; 18
529	529	‘‘(ii) any rule relating to agency man-19
530	530	agement or personnel; or 20
531	531	‘‘(iii) any rule of agency organization, 21
532	532	procedure, or practice that does not sub-22
533	533	stantially affect the rights or obligations of 23
534	534	non-agency parties; and 24
535	535	‘‘(B) includes any guidance document. 25
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538	538	•S 485 IS
539	539	‘‘(6) The term ‘significant guidance docu-1
540	540	ment’— 2
541	541	‘‘(A) means a guidance document dissemi-3
542	542	nated to regulated entities or the general public 4
543	543	that may reasonably be anticipated to— 5
544	544	‘‘(i) lead to an annual effect of 6
545	545	$100,000,000 or more, or adversely affect 7
546	546	in a material way the economy, a sector of 8
547	547	the economy, productivity, competition, 9
548	548	employment, the environment, public 10
549	549	health or safety, or State, local, or Tribal 11
550	550	governments or communities; 12
551	551	‘‘(ii) create a serious inconsistency, or 13
552	552	otherwise interfere, with an action taken or 14
553	553	planned by another agency; 15
554	554	‘‘(iii) materially alter the budgetary 16
555	555	impact of any entitlement, grant, user fees, 17
556	556	or loan programs, or the rights or obliga-18
557	557	tions of recipients thereof; or 19
558	558	‘‘(iv) raise novel legal or policy issues 20
559	559	arising out of legal mandates; and 21
560	560	‘‘(B) does not include any guidance docu-22
561	561	ment— 23
562	562	‘‘(i) on regulations issued in accord-24
563	563	ance with section 556 or 557 of this title; 25
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566	566	•S 485 IS
567	567	‘‘(ii) that pertains to a military or for-1
568	568	eign affairs function of the United States, 2
569	569	other than procurement regulations and 3
570	570	regulations involving the import or export 4
571	571	of non-defense articles and services; 5
572	572	‘‘(iii) on regulations that are limited 6
573	573	to the organization, management, or per-7
574	574	sonnel matters of a Federal agency; or 8
575	575	‘‘(iv) belonging to a category of guid-9
576	576	ance documents exempted by the Adminis-10
577	577	trator of the Office of Information and 11
578	578	Regulatory Affairs. 12
579	579	‘‘(7) The term ‘submission or publication date’, 13
580	580	except as otherwise provided in this chapter, 14
581	581	means— 15
582	582	‘‘(A) in the case of a major rule, the date 16
583	583	on which the Congress receives the report sub-17
584	584	mitted under section 801(a)(1); and 18
585	585	‘‘(B) in the case of a nonmajor rule, the 19
586	586	later of— 20
587	587	‘‘(i) the date on which the Congress 21
588	588	receives the report submitted under section 22
589	589	801(a)(1); and 23
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592	592	•S 485 IS
593	593	‘‘(ii) the date on which the nonmajor 1
594	594	rule is published in the Federal Register, if 2
595	595	so published. 3
596	596	‘‘§ 805. Judicial review 4
597	597	‘‘(a) No determination, finding, action, or omission 5
598	598	under this chapter shall be subject to judicial review. 6
599	599	‘‘(b) Notwithstanding subsection (a), a court may de-7
600	600	termine whether a Federal agency has completed the nec-8
601	601	essary requirements under this chapter for a rule to take 9
602	602	effect. 10
603	603	‘‘(c) The enactment of a joint resolution of approval 11
604	604	under section 802 shall not be interpreted to serve as a 12
605	605	grant or modification of statutory authority by Congress 13
606	606	for the promulgation of a rule, shall not extinguish or af-14
607	607	fect any claim, whether substantive or procedural, against 15
608	608	any alleged defect in a rule, and shall not form part of 16
609	609	the record before the court in any judicial proceeding con-17
610	610	cerning a rule except for purposes of determining whether 18
611	611	or not the rule is in effect. 19
612	612	‘‘§ 806. Affirmative defense 20
613	613	‘‘It shall be an affirmative defense against an alleged 21
614	614	violation of a rule for a defendant in any administrative 22
615	615	proceeding of a Federal agency, or before a court of the 23
616	616	United States, if an individual of ordinary intelligence 24
617	617	could not anticipate from the statutory language of a pro-25
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620	620	•S 485 IS
621	621	vision of law purported to form the basis for the rule in 1
622	622	question that the conduct of the individual would be un-2
623	623	lawful. 3
624	624	‘‘§ 807. Private right of action 4
625	625	‘‘(a) A person aggrieved by the failure of a Federal 5
626	626	agency to comply with the requirements under this chapter 6
627	627	may bring a civil action in an appropriate district court 7
628	628	of the United States for injunctive relief before the date 8
629	629	on which the final rule in question takes effect. 9
630	630	‘‘(b)(1) A person that can demonstrate potential in-10
631	631	jury from a final rule before or after the final rule takes 11
632	632	effect may bring a civil action in an appropriate district 12
633	633	court of the United States to challenge the determination 13
634	634	of the Federal agency that the rule is not a major rule 14
635	635	under section 801(a)(1)(A)(iii). 15
636	636	‘‘(2) In a civil action brought under paragraph (1), 16
637	637	the court may— 17
638	638	‘‘(A) invalidate the final rule in question; or 18
639	639	‘‘(B) determine that the final rule in question 19
640	640	is a major rule and require the Federal agency to 20
641	641	comply with the requirements under this chapter ap-21
642	642	plicable to major rules, including congressional ap-22
643	643	proval under section 802. 23
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646	646	•S 485 IS
647	647	‘‘§ 808. Exemption for monetary policy 1
648	648	‘‘Nothing in this chapter shall apply to rules that con-2
649	649	cern monetary policy proposed or implemented by the 3
650	650	Board of Governors of the Federal Reserve System or the 4
651	651	Federal Open Market Committee. 5
652	652	‘‘§ 809. Exemption for deregulatory actions 6
653	653	‘‘Sections 802 and 803 shall not apply to a rule iden-7
654	654	tified as a deregulatory action in the Unified Agenda and 8
655	655	Annual Regulatory Plan under section 811. 9
656	656	‘‘§ 810. Effective date of certain rules 10
657	657	‘‘Notwithstanding section 801— 11
658	658	‘‘(1) any rule that establishes, modifies, opens, 12
659	659	closes, or conducts a regulatory program for a com-13
660	660	mercial, recreational, or subsistence activity related 14
661	661	to hunting, fishing, or camping; or 15
662	662	‘‘(2) any rule other than a major rule which a 16
663	663	Federal agency for good cause finds (and incor-17
664	664	porates the finding and a brief statement of reasons 18
665	665	therefore in the rule issued) that notice and public 19
666	666	procedure thereon are impracticable, unnecessary, or 20
667	667	contrary to the public interest, 21
668	668	shall take effect at such time as the Federal agency pro-22
669	669	mulgating the rule determines. 23
670	670	‘‘§ 811. Regulatory planning and budget 24
671	671	‘‘(a) In this section: 25
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674	674	•S 485 IS
675	675	‘‘(1) The term ‘costs’ means opportunity cost to 1
676	676	society. 2
677	677	‘‘(2) The term ‘cost savings’ means the cost im-3
678	678	posed by a regulatory action that is eliminated by 4
679	679	the repeal, replacement, or modification of such reg-5
680	680	ulatory action. 6
681	681	‘‘(3) The term ‘deregulatory action’ means the 7
682	682	repeal, replacement, or modification of an existing 8
683	683	regulatory action. 9
684	684	‘‘(4) The term ‘Director’ means the Director of 10
685	685	the Office of Management and Budget. 11
686	686	‘‘(5) The term ‘incremental regulatory cost’ 12
687	687	means the difference between the estimated cost of 13
688	688	issuing a significant regulatory action and the esti-14
689	689	mated cost saved by issuing any deregulatory action. 15
690	690	‘‘(6) The term ‘regulation’ or ‘rule’ has the 16
691	691	meaning given the term ‘rule’ in section 804. 17
692	692	‘‘(7) The term ‘regulatory action’ means— 18
693	693	‘‘(A) any regulation; and 19
694	694	‘‘(B) any other regulatory guidance, state-20
695	695	ment of policy, information collection request, 21
696	696	form, or reporting, recordkeeping, or disclosure 22
697	697	requirements that imposes a burden on the pub-23
698	698	lic or governs Federal agency operations. 24
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701	701	•S 485 IS
702	702	‘‘(8) The term ‘significant regulatory action’ 1
703	703	means any regulatory action, other than monetary 2
704	704	policy proposed or implemented by the Board of 3
705	705	Governors of the Federal Reserve System or the 4
706	706	Federal Open Market Committee, that is likely to— 5
707	707	‘‘(A) have an annual effect on the economy 6
708	708	of $100,000,000 or more or adversely affect in 7
709	709	a material way the economy, a sector of the 8
710	710	economy, productivity, competition, jobs, the 9
711	711	environment, public health or safety, or State, 10
712	712	local, or Tribal governments or communities; 11
713	713	‘‘(B) create a serious inconsistency or oth-12
714	714	erwise interfere with an action taken or planned 13
715	715	by another Federal agency; 14
716	716	‘‘(C) materially alter the budgetary impact 15
717	717	of entitlements, grants, user fees, or loan pro-16
718	718	grams or the rights and obligations of recipi-17
719	719	ents thereof; or 18
720	720	‘‘(D) raise a novel legal or policy issue. 19
721	721	‘‘(9) The term ‘State’ means each of the several 20
722	722	States, the District of Columbia, and each territory 21
723	723	or possession of the United States. 22
724	724	‘‘(b)(1) During the months of April and October of 23
725	725	each year, the Director shall publish a unified regulatory 24
726	726	agenda, which shall include— 25
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730	730	‘‘(A) regulatory and deregulatory actions under 1
731	731	development or review at agencies; 2
732	732	‘‘(B) a Federal regulatory plan of all significant 3
733	733	regulatory actions and associated deregulatory ac-4
734	734	tions that agencies reasonably expect to issue in pro-5
735	735	posed or final form in the current and following fis-6
736	736	cal year; and 7
737	737	‘‘(C) all information required to be included in 8
738	738	the regulatory flexibility agenda under section 602 of 9
739	739	this title. 10
740	740	‘‘(2) In accordance with guidance issued by the Di-11
741	741	rector and not less than 60 days before each date of publi-12
742	742	cation for the unified regulatory agenda under paragraph 13
743	743	(1), the head of each Federal agency shall submit to the 14
744	744	Director an agenda of all regulatory actions and deregula-15
745	745	tory actions under development at the Federal agency, in-16
746	746	cluding the following: 17
747	747	‘‘(A) For each regulatory action and deregula-18
748	748	tory action: 19
749	749	‘‘(i) A regulation identifier number. 20
750	750	‘‘(ii) A brief summary of the action. 21
751	751	‘‘(iii) The legal authority for the action. 22
752	752	‘‘(iv) Any legal deadline for the action. 23
753	753	‘‘(v) The name and contact information for 24
754	754	a knowledgeable Federal agency official. 25
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757	757	•S 485 IS
758	758	‘‘(vi) Any other information as required by 1
759	759	the Director. 2
760	760	‘‘(B) An annual regulatory plan, which shall in-3
761	761	clude a list of each significant regulatory action the 4
762	762	Federal agency reasonably expects to issue in pro-5
763	763	posed or final form in the current and following fis-6
764	764	cal year, including for each significant regulatory ac-7
765	765	tion: 8
766	766	‘‘(i) A summary, including the following: 9
767	767	‘‘(I) A statement of the regulatory ob-10
768	768	jectives. 11
769	769	‘‘(II) The legal authority for the ac-12
770	770	tion. 13
771	771	‘‘(III) A statement of the need for the 14
772	772	action. 15
773	773	‘‘(IV) The Federal agency’s schedule 16
774	774	for the action. 17
775	775	‘‘(ii) The estimated cost. 18
776	776	‘‘(iii) The estimated benefits. 19
777	777	‘‘(iv) Any deregulatory action identified. 20
778	778	‘‘(v) A best approximation of the total cost 21
779	779	or savings and any cost or savings associated 22
780	780	with a deregulatory action. 23
781	781	‘‘(vi) An estimate of the economic effects, 24
782	782	including any estimate of the net effect that 25
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785	785	•S 485 IS
786	786	such action will have on the number of jobs in 1
787	787	the United States, that was considered in draft-2
788	788	ing the action, or, if such estimate is not avail-3
789	789	able, a statement affirming that no information 4
790	790	on the economic effects, including the effect on 5
791	791	the number of jobs, of the action has been con-6
792	792	sidered. 7
793	793	‘‘(C) Information required under section 602 of 8
794	794	this title. 9
795	795	‘‘(D) Information required under any other law 10
796	796	to be reported by agencies about significant regu-11
797	797	latory actions, as determined by the Director. 12
798	798	‘‘(c)(1) In the April unified regulatory agenda de-13
799	799	scribed in subsection (b), the Director— 14
800	800	‘‘(A) shall establish the annual Federal Regu-15
801	801	latory Budget, which specifies the net amount of in-16
802	802	cremental regulatory costs allowed by the Federal 17
803	803	Government and at each Federal agency for the next 18
804	804	fiscal year; and 19
805	805	‘‘(B) may set the incremental regulatory cost 20
806	806	allowance to allow an increase, prohibit an increase, 21
807	807	or require a decrease of incremental regulatory 22
808	808	costs. 23
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811	811	•S 485 IS
812	812	‘‘(2) If the Director does not set a net amount of 1
813	813	incremental regulatory costs allowed for a Federal agency, 2
814	814	the net incremental regulatory cost allowed shall be zero. 3
815	815	‘‘(d) Except as otherwise required by law, a signifi-4
816	816	cant regulatory action shall have no effect unless— 5
817	817	‘‘(1) the— 6
818	818	‘‘(A) head of the Federal agency identifies 7
819	819	at least 1 deregulatory action to offset the costs 8
820	820	of the significant regulatory action and issues 9
821	821	the deregulatory action before or on the same 10
822	822	schedule as the significant regulatory action; 11
823	823	‘‘(B) incremental costs of the significant 12
824	824	regulatory action as offset by any deregulatory 13
825	825	action issued before or on the same schedule as 14
826	826	the significant regulatory action do not cause 15
827	827	the Federal agency to exceed or contribute to 16
828	828	the Federal agency exceeding the incremental 17
829	829	regulatory cost allowance of the Federal agency 18
830	830	for that fiscal year; and 19
831	831	‘‘(C) significant regulatory action was in-20
832	832	cluded on the most recent version or update of 21
833	833	the published unified regulatory agenda; or 22
834	834	‘‘(2) the issuance of the significant regulatory 23
835	835	action was approved in advance in writing by the Di-24
836	836	rector and the written approval is publicly available 25
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839	839	•S 485 IS
840	840	online prior to the issuance of the significant regu-1
841	841	latory action. 2
842	842	‘‘(e)(1) Not later than 90 days after the date of the 3
843	843	enactment of this section, the Director shall establish and 4
844	844	issue guidance on how agencies should comply with the 5
845	845	requirements of this section. Such guidance shall include 6
846	846	the following: 7
847	847	‘‘(A) A process for standardizing the measure-8
848	848	ment and estimation of regulatory costs, including 9
849	849	cost savings associated with deregulatory actions. 10
850	850	‘‘(B) Standards for determining what qualifies 11
851	851	as a deregulatory action. 12
852	852	‘‘(C) Standards for determining the costs of ex-13
853	853	isting regulatory actions that are considered for re-14
854	854	peal, replacement, or modification. 15
855	855	‘‘(D) Standards by which the Director will de-16
856	856	termine whether a regulatory action or a collection 17
857	857	of regulatory actions qualifies as a significant regu-18
858	858	latory action. 19
859	859	‘‘(2) The Director shall update the guidance issued 20
860	860	pursuant to this subsection as necessary. 21
861	861	‘‘§ 812. Publication of guidance documents on the 22
862	862	internet 23
863	863	‘‘(a) In this section, the term ‘Director’ means the 24
864	864	Director of the Office of Management and Budget. 25
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868	868	‘‘(b) Subject to subsection (e), on the date on which 1
869	869	a Federal agency issues a guidance document, the Federal 2
870	870	agency shall publish the guidance document in accordance 3
871	871	with the requirements under subsection (d). 4
872	872	‘‘(c) Subject to subsection (e), not later than 180 5
873	873	days after the date of enactment of this section, each Fed-6
874	874	eral agency shall publish, in accordance with the require-7
875	875	ments under subsection (c), any guidance document issued 8
876	876	by that Federal agency that is in effect on that date. 9
877	877	‘‘(d)(1) All guidance documents published under sub-10
878	878	sections (b) and (c) by a Federal agency shall be published 11
879	879	in a single location on an internet website designated by 12
880	880	the Director under paragraph (4). 13
881	881	‘‘(2) Each Federal agency shall, for guidance docu-14
882	882	ments published by the Federal agency under subsections 15
883	883	(b) and (c), publish a hyperlink on the internet website 16
884	884	of the Federal agency that provides access to the guidance 17
885	885	documents at the location described in paragraph (1). 18
886	886	‘‘(3)(A) The guidance documents described in para-19
887	887	graph (1) shall be— 20
888	888	‘‘(i) categorized as guidance documents; and 21
889	889	‘‘(ii) further divided into subcategories as ap-22
890	890	propriate. 23
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894	894	‘‘(B) The hyperlinks described in paragraph (2) shall 1
895	895	be prominently displayed on the internet website of the 2
896	896	Federal agency. 3
897	897	‘‘(4) Not later than 90 days after the date of enact-4
898	898	ment of this section, the Director shall designate an inter-5
899	899	net website on which guidance documents shall be pub-6
900	900	lished under subsections (b) and (c). 7
901	901	‘‘(e) If a guidance document issued by a Federal 8
902	902	agency is a document that is exempt from disclosure under 9
903	903	section 552(b) of this title (commonly known as the ‘Free-10
904	904	dom of Information Act’), or contains information that is 11
905	905	exempt from disclosure under that section, that document 12
906	906	or information, as the case may be, shall not be subject 13
907	907	to the requirements under this section. 14
908	908	‘‘(f) On the date on which a guidance document 15
909	909	issued by a Federal agency is rescinded, or, in the case 16
910	910	of a guidance document that is rescinded pursuant to a 17
911	911	court order, not later than the date on which the order 18
912	912	is entered, the Federal agency shall, at the location de-19
913	913	scribed in subsection (d)(1)— 20
914	914	‘‘(1) maintain the rescinded guidance docu-21
915	915	ment; and 22
916	916	‘‘(2) indicate— 23
917	917	‘‘(A) that the guidance document is re-24
918	918	scinded; 25
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922	922	‘‘(B) if the guidance document was re-1
923	923	scinded pursuant to a court order, the case 2
924	924	number of the case in which the order was en-3
925	925	tered; and 4
926	926	‘‘(C) the date on which the guidance docu-5
927	927	ment was rescinded. 6
928	928	‘‘§ 813. Expiration of rules 7
929	929	‘‘(a)(1) Except as provided in this section, each major 8
930	930	rule made by a Federal agency shall cease to have effect— 9
931	931	‘‘(A) beginning on the date that is 10 years 10
932	932	after the date of enactment of a joint resolution de-11
933	933	scribed in subsection (d) with regard to the rule; or 12
934	934	‘‘(B) if a joint resolution of extension described 13
935	935	in subsection (d) has been enacted with regard to 14
936	936	the rule, beginning on the date that is 10 years after 15
937	937	the date of enactment of the most recently enacted 16
938	938	such joint resolution. 17
939	939	‘‘(2) The rule may not be reissued in substantially 18
940	940	the same form, and a new rule that is substantially the 19
941	941	same as such a rule may not be issued, unless the reissued 20
942	942	or new rule is specifically authorized by a law enacted 21
943	943	after the date described in this subsection (a). 22
944	944	‘‘(b) Not later than 180 days before the date de-23
945	945	scribed in subsection (a), the Federal agency shall submit 24
946	946	a report similar to the report described in 801(a)(1)(A) 25
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950	950	to each House of Congress and to the Comptroller Gen-1
951	951	eral, except that instead of the proposed effective date, 2
952	952	such report shall contain the date described in subsection 3
953	953	(a). 4
954	954	‘‘(c) The President may by Executive order exempt 5
955	955	not more than 1 rule during each Congress from the appli-6
956	956	cation of subsection (a) for a period of not more than 30 7
957	957	days if the President determines, and submits to Congress 8
958	958	written notice of such determination, that such rule is— 9
959	959	‘‘(1) necessary because of an imminent threat 10
960	960	to health or safety or other emergency; 11
961	961	‘‘(2) necessary for the enforcement of criminal 12
962	962	laws; 13
963	963	‘‘(3) necessary for national security; or 14
964	964	‘‘(4) issued pursuant to any statute imple-15
965	965	menting an international trade agreement. 16
966	966	‘‘(d)(1) For purposes of this section, the term ‘joint 17
967	967	resolution’ means only a joint resolution introduced on or 18
968	968	after the date on which the report referred to subsection 19
969	969	(b) is received by Congress (excluding days either House 20
970	970	of Congress is adjourned for more than 3 days during a 21
971	971	session of Congress), the matter after the resolving clause 22
972	972	of which is as follows: ‘‘That Congress extends the rule 23
973	973	submitted by the ll relating to ll.’’ (The blank 24
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977	977	spaces being appropriately filled in). The following shall 1
978	978	apply to such a joint resolution: 2
979	979	‘‘(A) In the House, the majority leader of the 3
980	980	House of Representatives (or his designee) and the 4
981	981	minority leader of the House of Representatives (or 5
982	982	his designee) shall introduce such joint resolution 6
983	983	(by request), within 3 legislative days after Congress 7
984	984	receives the report submitted under subsection (b). 8
985	985	‘‘(B) In the Senate, the majority leader of the 9
986	986	Senate (or his designee) and the minority leader of 10
987	987	the Senate (or his designee) shall introduce such 11
988	988	joint resolution described in subsection (a) (by re-12
989	989	quest), within 3 session days after Congress receives 13
990	990	the report submitted under subsection (b). 14
991	991	‘‘(2) Subsections (b) through (g) of section 802 shall 15
992	992	apply to a joint resolution described in paragraph (1) of 16
993	993	this subsection in the same manner as a joint resolution 17
994	994	described in subsection (a) of section 802, except that for 18
995	995	purposes of that subsection, the term ‘submission date’ 19
996	996	means the date on which the Congress receives the report 20
997	997	submitted under subsection (b). 21
998	998	‘‘§ 814. Review of rules in effect 22
999	999	‘‘(a) Beginning on the date that is 6 months after 23
1000	1000	the date of enactment of this section and annually there-24
1001	1001	after for the 9 years following, each Federal agency shall 25
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1005	1005	designate not less than 10 percent of eligible rules made 1
1006	1006	by that Federal agency for review, and shall submit a re-2
1007	1007	port including each such eligible rule in the same manner 3
1008	1008	as a report under section 801(a)(1). Section 801 and sec-4
1009	1009	tion 802 shall apply to each such rule, subject to sub-5
1010	1010	section (c) of this section. No eligible rule previously des-6
1011	1011	ignated may be designated again. 7
1012	1012	‘‘(b) Beginning after the date that is 10 years after 8
1013	1013	the date of enactment of this section, if Congress has not 9
1014	1014	enacted a joint resolution of approval for that eligible rule, 10
1015	1015	that eligible rule shall not continue in effect. 11
1016	1016	‘‘(c) In applying sections 801 and 802 to eligible rules 12
1017	1017	under this section, the following shall apply: 13
1018	1018	‘‘(1) The words ‘take effect’ shall be read as 14
1019	1019	‘continue in effect’. 15
1020	1020	‘‘(2) Except as provided in paragraph (3), a 16
1021	1021	single joint resolution of approval shall apply to all 17
1022	1022	eligible rules in a report designated for a year, and 18
1023	1023	the matter after the resolving clause of that joint 19
1024	1024	resolution is as follows: ‘‘That Congress approves 20
1025	1025	the rules submitted by the ll for the year ll.’’ 21
1026	1026	(The blank spaces being appropriately filled in). 22
1027	1027	‘‘(3) It shall be in order to consider any amend-23
1028	1028	ment that provides for specific conditions on which 24
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1032	1032	the approval of a particular eligible rule included in 1
1033	1033	the joint resolution is contingent. 2
1034	1034	‘‘(4) A Member of either House may move that 3
1035	1035	a separate joint resolution be required for a specified 4
1036	1036	rule. 5
1037	1037	‘‘(d) In this section, the term ‘eligible rule’ means a 6
1038	1038	major rule that is in effect as of the date of enactment 7
1039	1039	of this section.’’. 8
1040	1040	SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SEC-9
1041	1041	TION 802 OF TITLE 5, UNITED STATES CODE. 10
1042	1042	Section 257(b)(2) of the Balanced Budget and Emer-11
1043	1043	gency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) 12
1044	1044	is amended by adding at the end the following new sub-13
1045	1045	paragraph: 14
1046	1046	‘‘(E) B
1047	1047	UDGETARY EFFECTS OF RULES 15
1048	1048	SUBJECT TO SECTION 802 OF TITLE 5 , UNITED 16
1049	1049	STATES CODE.—Any rule subject to the con-17
1050	1050	gressional approval procedure set forth in sec-18
1051	1051	tion 802 of title 5, United States Code, affect-19
1052	1052	ing budget authority, outlays, or receipts shall 20
1053	1053	be assumed to be effective unless it is not ap-21
1054	1054	proved in accordance with such section.’’. 22
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1058	1058	SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 1
1059	1059	RULES. 2
1060	1060	(a) I
1061	1061	NGENERAL.—The Comptroller General of the 3
1062	1062	United States shall conduct a study to determine, as of 4
1063	1063	the date of enactment of this Act— 5
1064	1064	(1) how many rules (as such term is defined in 6
1065	1065	section 804 of title 5, United States Code) were in 7
1066	1066	effect; 8
1067	1067	(2) how many major rules (as such term is de-9
1068	1068	fined in section 804 of title 5, United States Code) 10
1069	1069	were in effect; and 11
1070	1070	(3) the total estimated economic cost imposed 12
1071	1071	by all such rules. 13
1072	1072	(b) R
1073	1073	EPORT.—Not later than 1 year after the date 14
1074	1074	of the enactment of this Act, the Comptroller General of 15
1075	1075	the United States shall submit a report to Congress that 16
1076	1076	contains the findings of the study conducted under sub-17
1077	1077	section (a). 18
1078	1078	SEC. 6. DEFINITION OF ‘‘RULE’’ TO INCLUDE SIGNIFICANT 19
1079	1079	GUIDANCE. 20
1080	1080	Section 551(4) of title 5, United States Code, is 21
1081	1081	amended by inserting before the semicolon at the end the 22
1082	1082	following: ‘‘, as well as significant guidance (as such term 23
1083	1083	is defined in section 804).’’. 24
1084	1084	Æ
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