[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5082 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5082
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
September 18, 2024
Mr. Paul (for himself, Mr. Lee, Mr. Scott of Florida, Mr. Rubio, Mrs.
Blackburn, Mr. Daines, and Mr. Schmitt) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To amend chapter 8 of title 5, United States Code, to provide that
major rules of the executive branch shall have no force or effect
unless a joint resolution of approval is enacted into law.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulations from the Executive in
Need of Scrutiny Act of 2024''.
SEC. 2. PURPOSE.
The purpose of this Act is to increase accountability for and
transparency in the Federal regulatory process. Section 1 of article I
of the Constitution of the United States grants all legislative powers
to Congress. Over time, Congress has excessively delegated its
constitutional charge while failing to conduct appropriate oversight
and retain accountability for the content of the laws it passes. By
requiring a vote in Congress, this Act will result in more carefully
drafted and detailed legislation, an improved regulatory process, and a
legislative branch that is truly accountable to the American people for
the laws imposed upon them.
SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Chapter 8 of title 5, United States Code, is amended to read as
follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Affirmative defense.
``807. Private right of action.
``808. Exemption for monetary policy.
``809. Exemption for deregulatory actions.
``810. Effective date of certain rules.
``811. Regulatory planning and budget.
``812. Publication of guidance documents on the internet.
``813. Expiration of rules.
``814. Review of rules in effect.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule may take effect, the Federal agency
promulgating such rule shall publish in the Federal Register a list of
information on which the rule is based, including data, scientific and
economic studies, and cost-benefit analyses, and identify how the
public can access such information online, and shall submit to each
House of the Congress and to the Comptroller General a report
containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule;
``(iii) a classification of the rule as a major or nonmajor
rule, including an explanation of the classification
specifically addressing each criteria for a major rule
contained within subparagraphs (A) through (C) of section
804(3);
``(iv) a list of any other related regulatory actions
intended to implement the same statutory provision or
regulatory objective as well as the individual and aggregate
economic effects of those actions; and
``(v) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule shall submit
to the Comptroller General and make available to each House of
Congress--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any, including an analysis of any jobs added or lost,
differentiating between public and private sector jobs;
``(ii) the agency's actions pursuant to sections 603, 604,
605, 607, and 609 of this title;
``(iii) the agency's actions pursuant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1532, 1533, 1534, 1535); and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders.
``(C) Upon receipt of a report submitted under subparagraph (A),
each House shall provide copies of the report to the chairman and
ranking member of each standing committee with jurisdiction under the
rules of the House of Representatives or the Senate to report a bill to
amend the provision of law under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on each
major rule to the committees of jurisdiction by the end of 15 calendar
days after the submission or publication date. The report of the
Comptroller General shall include an assessment of the agency's
compliance with procedural steps required by paragraph (1)(B) and an
assessment of whether the major rule imposes any new limits or mandates
on private-sector activity.
``(B) Federal agencies shall cooperate with the Comptroller General
by providing information relevant to the Comptroller General's report
under subparagraph (A).
``(3) A major rule relating to a report submitted under paragraph
(1) shall take effect upon enactment of a joint resolution of approval
described in section 802 or as provided for in the rule following
enactment of a joint resolution of approval described in section 802,
whichever is later.
``(4) A nonmajor rule shall take effect as provided by section 803
after submission to Congress under paragraph (1).
``(5) If a joint resolution of approval relating to a major rule is
not enacted within the period provided in subsection (b)(2), then a
joint resolution of approval relating to the same rule may not be
considered under this chapter in the same Congress by either the House
of Representatives or the Senate.
``(b)(1) A major rule shall not take effect unless the Congress
enacts a joint resolution of approval described under section 802.
``(2) If a joint resolution described in subsection (a) is not
enacted into law by the end of 70 session days or legislative days, as
applicable, beginning on the date on which the report referred to in
subsection (a)(1)(A) is received by Congress (excluding days either
House of Congress is adjourned for more than 3 days during a session of
Congress), then the rule described in that resolution shall be deemed
not to be approved and such rule shall not take effect.
``(c)(1) Notwithstanding any other provision of this section
(except subject to paragraph (3)), a major rule may take effect for one
90-calendar-day period if the President makes a determination under
paragraph (2) and submits written notice of such determination to the
Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the major rule should take effect
because such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under this
subsection shall have no effect on the procedures under section 802.
``(d)(1) In addition to the opportunity for review otherwise
provided under this chapter, in the case of any rule for which a report
was submitted in accordance with subsection (a)(1)(A) during the period
beginning on the date occurring--
``(A) in the case of the Senate, 60 session days; or
``(B) in the case of the House of Representatives, 60
legislative days,
before the date the Congress is scheduled to adjourn a session of
Congress through the date on which the same or succeeding Congress
first convenes its next session, sections 802 and 803 shall apply to
such rule in the succeeding session of Congress.
``(2)(A) In applying sections 802 and 803 for purposes of such
additional review, a rule described under paragraph (1) shall be
treated as though--
``(i) such rule were published in the Federal Register on--
``(I) in the case of the Senate, the 15th session
day; or
``(II) in the case of the House of Representatives,
the 15th legislative day,
after the succeeding session of Congress first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to affect the
requirement under subsection (a)(1) that a report shall be submitted to
Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take effect as
otherwise provided by law (including other subsections of this
section).
``Sec. 802. Congressional approval procedure for major rules
``(a)(1) For purposes of this section, the term `joint resolution'
means only a joint resolution addressing a report classifying a rule as
major pursuant to section 801(a)(1)(A)(iii) that--
``(A) bears no preamble;
``(B) bears the following title (with blanks filled as
appropriate): `Approving the rule submitted by ___ relating to
___.';
``(C) includes after its resolving clause only the
following (with blanks filled as appropriate): `That Congress
approves the rule submitted by ___ relating to ___.'; and
``(D) is introduced pursuant to paragraph (2).
``(2) After a House of Congress receives a report classifying a
rule as major pursuant to section 801(a)(1)(A)(iii), the majority
leader of that House (or his or her respective designee) shall
introduce (by request, if appropriate) a joint resolution described in
paragraph (1)--
``(A) in the case of the House of Representatives, within 3
legislative days; and
``(B) in the case of the Senate, within 3 session days.
``(3) A joint resolution described in paragraph (1) shall not be
subject to amendment at any stage of proceeding.
``(b) A joint resolution described in subsection (a) shall be
referred in each House of Congress to the committees having
jurisdiction over the provision of law under which the rule is issued.
``(c) In the Senate, if the committee or committees to which a
joint resolution described in subsection (a) has been referred have not
reported it at the end of 15 session days after its introduction, such
committee or committees shall be automatically discharged from further
consideration of the resolution and it shall be placed on the calendar.
A vote on final passage of the resolution shall be taken on or before
the close of the 15th session day after the resolution is reported by
the committee or committees to which it was referred, or after such
committee or committees have been discharged from further consideration
of the resolution.
``(d)(1) In the Senate, when the committee or committees to which a
joint resolution is referred have reported, or when a committee or
committees are discharged (under subsection (c)) from further
consideration of a joint resolution described in subsection (a), it is
at any time thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to the
consideration of the joint resolution, and all points of order against
the joint resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to, the joint
resolution shall remain the unfinished business of the Senate until
disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 2 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the House of Representatives, if any committee to which a
joint resolution described in subsection (a) has been referred has not
reported it to the House at the end of 15 legislative days after its
introduction, such committee shall be discharged from further
consideration of the joint resolution, and it shall be placed on the
appropriate calendar. On the second and fourth Thursdays of each month
it shall be in order at any time for the Speaker to recognize a Member
who favors passage of a joint resolution that has appeared on the
calendar for at least 5 legislative days to call up that joint
resolution for immediate consideration in the House without
intervention of any point of order. When so called up a joint
resolution shall be considered as read and shall be debatable for 1
hour equally divided and controlled by the proponent and an opponent,
and the previous question shall be considered as ordered to its passage
without intervening motion. It shall not be in order to reconsider the
vote on passage. If a vote on final passage of the joint resolution has
not been taken by the third Thursday on which the Speaker may recognize
a Member under this subsection, such vote shall be taken on that day.
``(f)(1) If, before passing a joint resolution described in
subsection (a), one House receives from the other a joint resolution
having the same text, then--
``(A) the joint resolution of the other House shall not be
referred to a committee; and
``(B) the procedure in the receiving House shall be the
same as if no joint resolution had been received from the other
House until the vote on passage, when the joint resolution
received from the other House shall supplant the joint
resolution of the receiving House.
``(2) This subsection shall not apply to the House of
Representatives if the joint resolution received from the Senate is a
revenue measure.
``(g) If either House has not taken a vote on final passage of the
joint resolution by the last day of the period described in section
801(b)(2), then such vote shall be taken on that day.
``(h) This section and section 803 are enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such are
deemed to be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a) and superseding other rules only where
explicitly so; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
``(a) For purposes of this section, the term `joint resolution'
means only a joint resolution introduced in the period beginning on the
date on which the report referred to in section 801(a)(1)(A) is
received by Congress and ending 60 days thereafter (excluding days
either House of Congress is adjourned for more than 3 days during a
session of Congress), the matter after the resolving clause of which is
as follows: `That Congress disapproves the nonmajor rule submitted by
the ___ relating to ___, and such rule shall have no force or effect.'
(The blank spaces being appropriately filled in).
``(b) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
``(c) In the Senate, if the committee to which is referred a joint
resolution described in subsection (a) has not reported such joint
resolution (or an identical joint resolution) at the end of 15 session
days after the date of introduction of the joint resolution, such
committee may be discharged from further consideration of such joint
resolution upon a petition supported in writing by 30 Members of the
Senate, and such joint resolution shall be placed on the calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is discharged
(under subsection (c)) from further consideration of a joint resolution
described in subsection (a), it is at any time thereafter in order
(even though a previous motion to the same effect has been disagreed
to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the Senate, the procedure specified in subsection (c) or
(d) shall not apply to the consideration of a joint resolution
respecting a nonmajor rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date; or
``(2) if the report under section 801(a)(1)(A) was
submitted during the period referred to in section 801(d)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress first
convenes.
``(f) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a), then the
following procedures shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(B) the vote on final passage shall be on the
joint resolution of the other House.
``Sec. 804. Definitions
``For purposes of this chapter:
``(1) The term `Federal agency' means any agency as that
term is defined in section 551(1).
``(2) The term `guidance document' means a statement of
general applicability and future effect, other than a
regulatory action, issued by a Federal agency that sets forth--
``(A) a policy on a statutory, regulatory, or
technical issue; or
``(B) an interpretation of a statutory or
regulatory issue.
``(3) The term `major rule'--
``(A) means any rule, including an interim final
rule, that the Administrator of the Office of
Information and Regulatory Affairs of the Office of
Management and Budget finds has resulted in or is
likely to result in--
``(i) an annual effect on the economy of
$100 million or more;
``(ii) a major increase in costs or prices
for consumers, individual industries, Federal,
State, or local government agencies, or
geographic regions; or
``(iii) significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and
export markets;
``(B) includes any significant guidance document;
and
``(C) does not include any rule promulgated under
the Telecommunications Act of 1996 (Public Law 104-104;
110 Stat. 56) or the amendments made by that Act.
``(4) The term `nonmajor rule' means any rule that is not a
major rule.
``(5) The term `rule'--
``(A) has the meaning given such term in section
551, except that such term does not include--
``(i) any rule of particular applicability,
including a rule that approves or prescribes
for the future rates, wages, prices, services,
or allowances therefore, corporate or financial
structures, reorganizations, mergers, or
acquisitions thereof, or accounting practices
or disclosures bearing on any of the foregoing;
``(ii) any rule relating to agency
management or personnel; or
``(iii) any rule of agency organization,
procedure, or practice that does not
substantially affect the rights or obligations
of non-agency parties; and
``(B) includes any guidance document.
``(6) The term `significant guidance document'--
``(A) means a guidance document disseminated to
regulated entities or the general public that may
reasonably be anticipated to--
``(i) lead to an annual effect of
$100,000,000 or more, or adversely affect in a
material way the economy, a sector of the
economy, productivity, competition, employment,
the environment, public health or safety, or
State, local, or Tribal governments or
communities;
``(ii) create a serious inconsistency, or
otherwise interfere, with an action taken or
planned by another agency;
``(iii) materially alter the budgetary
impact of any entitlement, grant, user fees, or
loan programs, or the rights or obligations of
recipients thereof; or
``(iv) raise novel legal or policy issues
arising out of legal mandates; and
``(B) does not include any guidance document--
``(i) on regulations issued in accordance
with section 556 or 557 of this title;
``(ii) that pertains to a military or
foreign affairs function of the United States,
other than procurement regulations and
regulations involving the import or export of
non-defense articles and services;
``(iii) on regulations that are limited to
the organization, management, or personnel
matters of a Federal agency; or
``(iv) belonging to a category of guidance
documents exempted by the Administrator of the
Office of Information and Regulatory Affairs.
``(7) The term `submission or publication date', except as
otherwise provided in this chapter, means--
``(A) in the case of a major rule, the date on
which the Congress receives the report submitted under
section 801(a)(1); and
``(B) in the case of a nonmajor rule, the later
of--
``(i) the date on which the Congress
receives the report submitted under section
801(a)(1); and
``(ii) the date on which the nonmajor rule
is published in the Federal Register, if so
published.
``Sec. 805. Judicial review
``(a) No determination, finding, action, or omission under this
chapter shall be subject to judicial review.
``(b) Notwithstanding subsection (a), a court may determine whether
a Federal agency has completed the necessary requirements under this
chapter for a rule to take effect.
``(c) The enactment of a joint resolution of approval under section
802 shall not be interpreted to serve as a grant or modification of
statutory authority by Congress for the promulgation of a rule, shall
not extinguish or affect any claim, whether substantive or procedural,
against any alleged defect in a rule, and shall not form part of the
record before the court in any judicial proceeding concerning a rule
except for purposes of determining whether or not the rule is in
effect.
``Sec. 806. Affirmative defense
``It shall be an affirmative defense against an alleged violation
of a rule for a defendant in any administrative proceeding of a Federal
agency, or before a court of the United States, if an individual of
ordinary intelligence could not anticipate from the statutory language
of a provision of law purported to form the basis for the rule in
question that the conduct of the individual would be unlawful.
``Sec. 807. Private right of action
``(a) A person aggrieved by the failure of a Federal agency to
comply with the requirements under this chapter may bring a civil
action in an appropriate district court of the United States for
injunctive relief before the date on which the final rule in question
takes effect.
``(b)(1) A person that can demonstrate potential injury from a
final rule before or after the final rule takes effect may bring a
civil action in an appropriate district court of the United States to
challenge the determination of the Federal agency that the rule is not
a major rule under section 801(a)(1)(A)(iii).
``(2) In a civil action brought under paragraph (1), the court
may--
``(A) invalidate the final rule in question; or
``(B) determine that the final rule in question is a major
rule and require the Federal agency to comply with the
requirements under this chapter applicable to major rules,
including congressional approval under section 802.
``Sec. 808. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 809. Exemption for deregulatory actions
``Sections 802 and 803 shall not apply to a rule identified as a
deregulatory action in the Unified Agenda and Annual Regulatory Plan
under section 811.
``Sec. 810. Effective date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes,
or conducts a regulatory program for a commercial,
recreational, or subsistence activity related to hunting,
fishing, or camping; or
``(2) any rule other than a major rule which a Federal
agency for good cause finds (and incorporates the finding and a
brief statement of reasons therefore in the rule issued) that
notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the
rule determines.
``Sec. 811. Regulatory planning and budget
``(a) In this section:
``(1) The term `costs' means opportunity cost to society.
``(2) The term `cost savings' means the cost imposed by a
regulatory action that is eliminated by the repeal,
replacement, or modification of such regulatory action.
``(3) The term `deregulatory action' means the repeal,
replacement, or modification of an existing regulatory action.
``(4) The term `Director' means the Director of the Office
of Management and Budget.
``(5) The term `incremental regulatory cost' means the
difference between the estimated cost of issuing a significant
regulatory action and the estimated cost saved by issuing any
deregulatory action.
``(6) The term `regulation' or `rule' has the meaning given
the term `rule' in section 804.
``(7) The term `regulatory action' means--
``(A) any regulation; and
``(B) any other regulatory guidance, statement of
policy, information collection request, form, or
reporting, recordkeeping, or disclosure requirements
that imposes a burden on the public or governs Federal
agency operations.
``(8) The term `significant regulatory action' means any
regulatory action, other than monetary policy proposed or
implemented by the Board of Governors of the Federal Reserve
System or the Federal Open Market Committee, that is likely
to--
``(A) have an annual effect on the economy of
$100,000,000 or more or adversely affect in a material
way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or
safety, or State, local, or Tribal governments or
communities;
``(B) create a serious inconsistency or otherwise
interfere with an action taken or planned by another
Federal agency;
``(C) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or
the rights and obligations of recipients thereof; or
``(D) raise a novel legal or policy issue.
``(9) The term `State' means each of the several States,
the District of Columbia, and each territory or possession of
the United States.
``(b)(1) During the months of April and October of each year, the
Director shall publish a unified regulatory agenda, which shall
include--
``(A) regulatory and deregulatory actions under development
or review at agencies;
``(B) a Federal regulatory plan of all significant
regulatory actions and associated deregulatory actions that
agencies reasonably expect to issue in proposed or final form
in the current and following fiscal year; and
``(C) all information required to be included in the
regulatory flexibility agenda under section 602 of this title.
``(2) In accordance with guidance issued by the Director and not
less than 60 days before each date of publication for the unified
regulatory agenda under paragraph (1), the head of each Federal agency
shall submit to the Director an agenda of all regulatory actions and
deregulatory actions under development at the Federal agency, including
the following:
``(A) For each regulatory action and deregulatory action:
``(i) A regulation identifier number.
``(ii) A brief summary of the action.
``(iii) The legal authority for the action.
``(iv) Any legal deadline for the action.
``(v) The name and contact information for a
knowledgeable Federal agency official.
``(vi) Any other information as required by the
Director.
``(B) An annual regulatory plan, which shall include a list
of each significant regulatory action the Federal agency
reasonably expects to issue in proposed or final form in the
current and following fiscal year, including for each
significant regulatory action:
``(i) A summary, including the following:
``(I) A statement of the regulatory
objectives.
``(II) The legal authority for the action.
``(III) A statement of the need for the
action.
``(IV) The Federal agency's schedule for
the action.
``(ii) The estimated cost.
``(iii) The estimated benefits.
``(iv) Any deregulatory action identified.
``(v) A best approximation of the total cost or
savings and any cost or savings associated with a
deregulatory action.
``(vi) An estimate of the economic effects,
including any estimate of the net effect that such
action will have on the number of jobs in the United
States, that was considered in drafting the action, or,
if such estimate is not available, a statement
affirming that no information on the economic effects,
including the effect on the number of jobs, of the
action has been considered.
``(C) Information required under section 602 of this title.
``(D) Information required under any other law to be
reported by agencies about significant regulatory actions, as
determined by the Director.
``(c)(1) In the April unified regulatory agenda described in
subsection (b), the Director--
``(A) shall establish the annual Federal Regulatory Budget,
which specifies the net amount of incremental regulatory costs
allowed by the Federal Government and at each Federal agency
for the next fiscal year; and
``(B) may set the incremental regulatory cost allowance to
allow an increase, prohibit an increase, or require a decrease
of incremental regulatory costs.
``(2) If the Director does not set a net amount of incremental
regulatory costs allowed for a Federal agency, the net incremental
regulatory cost allowed shall be zero.
``(d) Except as otherwise required by law, a significant regulatory
action shall have no effect unless--
``(1) the--
``(A) head of the Federal agency identifies at
least 1 deregulatory action to offset the costs of the
significant regulatory action and issues the
deregulatory action before or on the same schedule as
the significant regulatory action;
``(B) incremental costs of the significant
regulatory action as offset by any deregulatory action
issued before or on the same schedule as the
significant regulatory action do not cause the Federal
agency to exceed or contribute to the Federal agency
exceeding the incremental regulatory cost allowance of
the Federal agency for that fiscal year; and
``(C) significant regulatory action was included on
the most recent version or update of the published
unified regulatory agenda; or
``(2) the issuance of the significant regulatory action was
approved in advance in writing by the Director and the written
approval is publicly available online prior to the issuance of
the significant regulatory action.
``(e)(1) Not later than 90 days after the date of the enactment of
this section, the Director shall establish and issue guidance on how
agencies should comply with the requirements of this section. Such
guidance shall include the following:
``(A) A process for standardizing the measurement and
estimation of regulatory costs, including cost savings
associated with deregulatory actions.
``(B) Standards for determining what qualifies as a
deregulatory action.
``(C) Standards for determining the costs of existing
regulatory actions that are considered for repeal, replacement,
or modification.
``(D) Standards by which the Director will determine
whether a regulatory action or a collection of regulatory
actions qualifies as a significant regulatory action.
``(2) The Director shall update the guidance issued pursuant to
this subsection as necessary.
``Sec. 812. Publication of guidance documents on the internet
``(a) In this section, the term `Director' means the Director of
the Office of Management and Budget.
``(b) Subject to subsection (e), on the date on which a Federal
agency issues a guidance document, the Federal agency shall publish the
guidance document in accordance with the requirements under subsection
(d).
``(c) Subject to subsection (e), not later than 180 days after the
date of enactment of this section, each Federal agency shall publish,
in accordance with the requirements under subsection (c), any guidance
document issued by that Federal agency that is in effect on that date.
``(d)(1) All guidance documents published under subsections (b) and
(c) by a Federal agency shall be published in a single location on an
internet website designated by the Director under paragraph (4).
``(2) Each Federal agency shall, for guidance documents published
by the Federal agency under subsections (b) and (c), publish a
hyperlink on the internet website of the Federal agency that provides
access to the guidance documents at the location described in paragraph
(1).
``(3)(A) The guidance documents described in paragraph (1) shall
be--
``(i) categorized as guidance documents; and
``(ii) further divided into subcategories as appropriate.
``(B) The hyperlinks described in paragraph (2) shall be
prominently displayed on the internet website of the Federal agency.
``(4) Not later than 90 days after the date of enactment of this
section, the Director shall designate an internet website on which
guidance documents shall be published under subsections (b) and (c).
``(e) If a guidance document issued by a Federal agency is a
document that is exempt from disclosure under section 552(b) of this
title (commonly known as the `Freedom of Information Act'), or contains
information that is exempt from disclosure under that section, that
document or information, as the case may be, shall not be subject to
the requirements under this section.
``(f) On the date on which a guidance document issued by a Federal
agency is rescinded, or, in the case of a guidance document that is
rescinded pursuant to a court order, not later than the date on which
the order is entered, the Federal agency shall, at the location
described in subsection (d)(1)--
``(1) maintain the rescinded guidance document; and
``(2) indicate--
``(A) that the guidance document is rescinded;
``(B) if the guidance document was rescinded
pursuant to a court order, the case number of the case
in which the order was entered; and
``(C) the date on which the guidance document was
rescinded.
``Sec. 813. Expiration of rules
``(a)(1) Except as provided in this section, each major rule made
by a Federal agency shall cease to have effect--
``(A) beginning on the date that is 10 years after the date
of enactment of a joint resolution described in subsection (d)
with regard to the rule; or
``(B) if a joint resolution of extension described in
subsection (d) has been enacted with regard to the rule,
beginning on the date that is 10 years after the date of
enactment of the most recently enacted such joint resolution.
``(2) The rule may not be reissued in substantially the same form,
and a new rule that is substantially the same as such a rule may not be
issued, unless the reissued or new rule is specifically authorized by a
law enacted after the date described in this subsection (a).
``(b) Not later than 180 days before the date described in
subsection (a), the Federal agency shall submit a report similar to the
report described in 801(a)(1)(A) to each House of Congress and to the
Comptroller General, except that instead of the proposed effective
date, such report shall contain the date described in subsection (a).
``(c) The President may by Executive order exempt not more than 1
rule during each Congress from the application of subsection (a) for a
period of not more than 30 days if the President determines, and
submits to Congress written notice of such determination, that such
rule is--
``(1) necessary because of an imminent threat to health or
safety or other emergency;
``(2) necessary for the enforcement of criminal laws;
``(3) necessary for national security; or
``(4) issued pursuant to any statute implementing an
international trade agreement.
``(d)(1) For purposes of this section, the term `joint resolution'
means only a joint resolution introduced on or after the date on which
the report referred to subsection (b) is received by Congress
(excluding days either House of Congress is adjourned for more than 3
days during a session of Congress), the matter after the resolving
clause of which is as follows: ``That Congress extends the rule
submitted by the __ relating to __.'' (The blank spaces being
appropriately filled in). The following shall apply to such a joint
resolution:
``(A) In the House, the majority leader of the House of
Representatives (or his designee) and the minority leader of
the House of Representatives (or his designee) shall introduce
such joint resolution (by request), within 3 legislative days
after Congress receives the report submitted under subsection
(b).
``(B) In the Senate, the majority leader of the Senate (or
his designee) and the minority leader of the Senate (or his
designee) shall introduce such joint resolution described in
subsection (a) (by request), within 3 session days after
Congress receives the report submitted under subsection (b).
``(2) Subsections (b) through (g) of section 802 shall apply to a
joint resolution described in paragraph (1) of this subsection in the
same manner as a joint resolution described in subsection (a) of
section 802, except that for purposes of that subsection, the term
`submission date' means the date on which the Congress receives the
report submitted under subsection (b).
``Sec. 814. Review of rules in effect
``(a) Beginning on the date that is 6 months after the date of
enactment of this section and annually thereafter for the 9 years
following, each Federal agency shall designate not less than 10 percent
of eligible rules made by that Federal agency for review, and shall
submit a report including each such eligible rule in the same manner as
a report under section 801(a)(1). Section 801 and section 802 shall
apply to each such rule, subject to subsection (c) of this section. No
eligible rule previously designated may be designated again.
``(b) Beginning after the date that is 10 years after the date of
enactment of this section, if Congress has not enacted a joint
resolution of approval for that eligible rule, that eligible rule shall
not continue in effect.
``(c) In applying sections 801 and 802 to eligible rules under this
section, the following shall apply:
``(1) The words `take effect' shall be read as `continue in
effect'.
``(2) Except as provided in paragraph (3), a single joint
resolution of approval shall apply to all eligible rules in a
report designated for a year, and the matter after the
resolving clause of that joint resolution is as follows: ``That
Congress approves the rules submitted by the __ for the year
__.'' (The blank spaces being appropriately filled in).
``(3) It shall be in order to consider any amendment that
provides for specific conditions on which the approval of a
particular eligible rule included in the joint resolution is
contingent.
``(4) A Member of either House may move that a separate
joint resolution be required for a specified rule.
``(d) In this section, the term `eligible rule' means a major rule
that is in effect as of the date of enactment of this section.''.
SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5,
UNITED STATES CODE.
Section 257(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended by adding at the
end the following new subparagraph:
``(E) Budgetary effects of rules subject to section
802 of title 5, united states code.--Any rule subject
to the congressional approval procedure set forth in
section 802 of title 5, United States Code, affecting
budget authority, outlays, or receipts shall be assumed
to be effective unless it is not approved in accordance
with such section.''.
SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.
(a) In General.--The Comptroller General of the United States shall
conduct a study to determine, as of the date of enactment of this Act--
(1) how many rules (as such term is defined in section 804
of title 5, United States Code) were in effect;
(2) how many major rules (as such term is defined in
section 804 of title 5, United States Code) were in effect; and
(3) the total estimated economic cost imposed by all such
rules.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
a report to Congress that contains the findings of the study conducted
under subsection (a).
SEC. 6. DEFINITION OF ``RULE'' TO INCLUDE SIGNIFICANT GUIDANCE.
Section 551(4) of title 5, United States Code, is amended by
inserting before the semicolon at the end the following: ``, as well as
significant guidance (as such term is defined in section 804).''.
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