Sec. 331. Congressional review
976 words·~4 min read·
/bill/115/hr/10/rh/section-331A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Before a rule may take effect, a Federal financial agency 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— a copy of the rule; a concise general statement relating to the rule; 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 334(2); 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 the proposed effective date of the rule. On the date of the submission of the report under subparagraph (A), the Federal financial agency shall submit to the Comptroller General and make available to each House of Congress— 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; the Federal financial agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of title 5, United States Code; the Federal financial agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and any other relevant information or requirements under any other Act and any relevant Executive orders. 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. 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 Federal financial 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. Federal financial agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A). 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 332 or as provided for in the rule following enactment of a joint resolution of approval described in section 332, whichever is later. A nonmajor rule shall take effect as provided by section 333 after submission to Congress under paragraph (1). 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 subtitle in the same Congress by either the House of Representatives or the Senate. A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 332. 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. 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. Paragraph
(1)applies to a determination made by the President by Executive order that the major rule should take effect because such rule is— necessary because of an imminent threat to health or safety or other emergency; necessary for the enforcement of criminal laws; necessary for national security; or issued pursuant to any statute implementing an international trade agreement. An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 332. In addition to the opportunity for review otherwise provided under this subtitle, 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— in the case of the Senate, 60 session days; or 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 332 and 333 shall apply to such rule in the succeeding session of Congress. In applying sections 332 and 333 for purposes of such additional review, a rule described under paragraph
(1)shall be treated as though— such rule were published in the Federal Register on— in the case of the Senate, the 15th session day; or in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and a report on such rule were submitted to Congress under subsection (a)(1) on such date. 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. A rule described under paragraph
(1)shall take effect as otherwise provided by law (including other subsections of this section).