HR3058-119

2. Review of agency rulemaking In addition to amounts otherwise available, there is appropriated: To the Director of the Office of Management and Budget for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available through September 30, 2034, to carry out this section and the amendments made by this section. To the Comptroller General of the United States for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available through September 30, 2034, to carry out this section and the amendments made by this section. The Director of the Office of Management and Budget shall use amounts made available under subsection (a)(1) to pay expenses associated with implementing the requirements of subsections (c) and (d). The Comptroller General of the United States shall use amounts made available under subsection (a)(2) to pay expenses associated with implementing the requirements of subsection (e). Chapter 8 of title 5, United States Code, is amended by inserting at the end the following: In the case of any rule for which a report is submitted under section 801(a)(1)(A) the agency shall also include in such report— an estimate of the budgetary effects associated with the enactment and enforcement of the rule; an analysis of the direct and reasonably foreseeable indirect costs associated with the rule; an analysis of any jobs added or lost within each affected industry, as identified by North American Industrial Classification System code, differentiating between public and private sector jobs, as a direct or indirect result of the rule; a determination, by the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, of whether the rule is a major or nonmajor rule, including an explanation of the finding specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2); a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses; a list of any other related regulatory actions that implement the same statutory provision or regulatory objective as well as the estimated economic effects of those actions; an estimate of the effect on inflation of the rule; and a statement of the constitutional authority authorizing the agency to make the rule. If requested in writing by a Member of Congress— the Comptroller General of the United States shall make a determination whether an agency action qualifies as a rule for purposes of this chapter, and shall submit to Congress this determination not later than 60 days after the date of the request; and the Comptroller General, in consultation with the Director of the Congressional Budget Office, shall make a determination whether a rule is considered a major rule for purposes of this chapter, and shall submit to Congress this determination not later than 90 days after the date of the request. For purposes of this section, a determination under this subsection (b) shall be deemed to be a report under section 801(a)(1)(A). Notwithstanding any other provision of this chapter, a major rule that increases revenues, as determined in section 809(a), shall not take effect unless Congress enacts a joint resolution of approval described in subsection (c). If a joint resolution of approval relating to a major rule that increases revenue is not enacted into law by the end of 60 session days or legislative days, as applicable, beginning on the date on which the report referred to in section 801(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. Section 802 shall apply to a joint resolution of approval under this section to the same extent as it does to a joint resolution of disapproval, except that the matter after the resolving clause of a joint resolution of approval shall be as follows: That Congress approves the rule submitted by the _____ relating to _____. (The blank spaces being appropriately filled in). The enactment of a joint resolution of approval under this section 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 or the rulemaking process, 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. Notwithstanding section 805, a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect. In addition to the opportunity for review otherwise provided under this chapter, notwithstanding any other provision under this chapter, in the case of any rule for which a report is submitted under section 801(a)(1)(A) which increases revenue as determined under section 809(a) and which was submitted during the final year of a President’s term, the procedures described in section 802 shall apply to such rule in the succeeding session of Congress, and a joint resolution may contain one or more such rules. In the case of such a resolution containing one or more such rules under this section, the matter after the resolving clause shall be as follows: That Congress disapproves the following rules: the rule submitted by the __ relating to __; and the rule submitted by the __ relating to __. Such rules shall have no force or effect. (The blank spaces being appropriately filled in and additional clauses describing additional rules to be included as necessary). Beginning on the date that is 6 months after the date of enactment of this section and annually thereafter for the 4 years following, each agency shall designate not less than 20 percent of eligible rules made by that 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). Sections 801, 802, 809, 810, and 811 shall apply to each such rule, subject to subsection (c) of this section. No eligible rule previously designated may be designated again. Beginning after the date that is 5 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. Unless Congress approves all eligible rules designated by executive agencies for review within 90 days after designation, they shall have no effect and the Federal agency which originally promulgated such rules may not enforce such rules. A single joint resolution of approval shall apply to all eligible rules in a report designated for a year as follows: That Congress approves the rules submitted by the___ for the year ___. (The blank spaces being appropriately filled in). A member of either House may move that a separate joint resolution be required for a specified rule. In this section the term eligible rule means a rule that is in effect as of the date of enactment of this section. The table of chapters for chapter 8 of title 5, United States Code, is amended by inserting after the item relating to section 808 the following: Chapter 8 of title 5, United States Code, is amended— in section 801(a)(3)— in subparagraph (B)(ii), by striking or at the end; in subparagraph (C), by striking the period at the end and inserting ; or; and by inserting at the end the following: in the case of a major rule that increases revenue, such rule shall not take effect unless Congress passes a joint resolution of approval described in section 810. in section 804, by amending paragraph (3) to read as follows: The term ‘rule’ has the meaning given such term in section 551, except that such term— includes interpretative rules, general statements of policy, and all other agency guidance documents; and does not include— 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; any rule relating to agency management or personnel; or any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of nonagency parties. The Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this section— how many rules (as such term is defined in section 804 of title 5, United States Code) were in effect; how many major rules (as such term is defined in section 804 of title 5, United States Code) were in effect; and the total estimated economic cost imposed by all such rules. Not later than 1 year after the date of the enactment of this section, the Comptroller General of the United States shall submit a report (and publish the report on the website of the Comptroller General) to Congress that contains the findings of the study conducted under subsection (e). 809.Additional reporting requirements(a)Agency reportsIn the case of any rule for which a report is submitted under section 801(a)(1)(A) the agency shall also include in such report—(1)an estimate of the budgetary effects associated with the enactment and enforcement of the rule;(2)an analysis of the direct and reasonably foreseeable indirect costs associated with the rule;(3)an analysis of any jobs added or lost within each affected industry, as identified by North American Industrial Classification System code, differentiating between public and private sector jobs, as a direct or indirect result of the rule;(4)a determination, by the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, of whether the rule is a major or nonmajor rule, including an explanation of the finding specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2);(5)a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses;(6)a list of any other related regulatory actions that implement the same statutory provision or regulatory objective as well as the estimated economic effects of those actions;(7)an estimate of the effect on inflation of the rule; and(8)a statement of the constitutional authority authorizing the agency to make the rule. (b)Comptroller General reportsIf requested in writing by a Member of Congress—(1)the Comptroller General of the United States shall make a determination whether an agency action qualifies as a rule for purposes of this chapter, and shall submit to Congress this determination not later than 60 days after the date of the request; and(2)the Comptroller General, in consultation with the Director of the Congressional Budget Office, shall make a determination whether a rule is considered a major rule for purposes of this chapter, and shall submit to Congress this determination not later than 90 days after the date of the request.(c)DeterminationFor purposes of this section, a determination under this subsection (b) shall be deemed to be a report under section 801(a)(1)(A). 810.Approval of certain major rules(a)Approval requiredNotwithstanding any other provision of this chapter, a major rule that increases revenues, as determined in section 809(a), shall not take effect unless Congress enacts a joint resolution of approval described in subsection (c).(b)EffectIf a joint resolution of approval relating to a major rule that increases revenue is not enacted into law by the end of 60 session days or legislative days, as applicable, beginning on the date on which the report referred to in section 801(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)Resolution of approvalSection 802 shall apply to a joint resolution of approval under this section to the same extent as it does to a joint resolution of disapproval, except that the matter after the resolving clause of a joint resolution of approval shall be as follows: That Congress approves the rule submitted by the _____ relating to _____. (The blank spaces being appropriately filled in). (d)Rulemaking authorityThe enactment of a joint resolution of approval under this section 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 or the rulemaking process, 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.(e)Judicial reviewNotwithstanding section 805, a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect.811.Additional review of rules(a)Additional reviewIn addition to the opportunity for review otherwise provided under this chapter, notwithstanding any other provision under this chapter, in the case of any rule for which a report is submitted under section 801(a)(1)(A) which increases revenue as determined under section 809(a) and which was submitted during the final year of a President’s term, the procedures described in section 802 shall apply to such rule in the succeeding session of Congress, and a joint resolution may contain one or more such rules. (b)Resolution of disapprovalIn the case of such a resolution containing one or more such rules under this section, the matter after the resolving clause shall be as follows: That Congress disapproves the following rules: the rule submitted by the __ relating to __; and the rule submitted by the __ relating to __. Such rules shall have no force or effect. (The blank spaces being appropriately filled in and additional clauses describing additional rules to be included as necessary).812.Review of rules currently in effect(a)Annual reviewBeginning on the date that is 6 months after the date of enactment of this section and annually thereafter for the 4 years following, each agency shall designate not less than 20 percent of eligible rules made by that 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). Sections 801, 802, 809, 810, and 811 shall apply to each such rule, subject to subsection (c) of this section. No eligible rule previously designated may be designated again.(b)Sunset for eligible rules not extendedBeginning after the date that is 5 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)Approval of rules(1)Unless Congress approves all eligible rules designated by executive agencies for review within 90 days after designation, they shall have no effect and the Federal agency which originally promulgated such rules may not enforce such rules.(2)A single joint resolution of approval shall apply to all eligible rules in a report designated for a year as follows: That Congress approves the rules submitted by the___ for the year ___. (The blank spaces being appropriately filled in).(3)A member of either House may move that a separate joint resolution be required for a specified rule. (d)DefinitionIn this section the term eligible rule means a rule that is in effect as of the date of enactment of this section.. 809. Additional reporting requirements.810. Approval of certain major rules.811. Additional review of rules.812. Review of rules currently in effect.. (D)in the case of a major rule that increases revenue, such rule shall not take effect unless Congress passes a joint resolution of approval described in section 810.; and (3)The term ‘rule’ has the meaning given such term in section 551, except that such term—(A)includes interpretative rules, general statements of policy, and all other agency guidance documents; and(B)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 nonagency parties..