Appendix: Draft Legislation
A BILL
To amend chapter 8 of title 5, United States Code, to provide for congressional approval and statutory authorization of agency rules, and for other purposes.
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 “Congressional Review Approval Act”.
SEC. 2. CONGRESSIONAL APPROVAL AND AUTHORIZATION OF RULES.
Section 802 of title 5, United States Code, is amended —
(1) by redesignating subsection (g) as subsection (o):
(2) by inserting after subsection (f) the following:
“(g) JOINT RESOLUTION OF FLEXIBLE APPROVAL.—For purposes of this chapter, the term ‘joint resolution of flexible approval’ means only a joint resolution introduced under subsection (j) the matter after the resolving clause of which is as follows: ‘That Congress approves the rule promulgated by __ relating to __, and grants congressional authorization to the agency to implement such rule.’ (The blank spaces being appropriately filled in).
“(h) JOINT RESOLUTION OF STRICT APPROVAL.—For purposes of this chapter, the term ‘joint resolution of strict approval’ means only a joint resolution introduced under subsection (j) the matter after the resolving clause of which is as follows: ‘That Congress approves the rule promulgated by __ relating to __, grants congressional authorization to the agency to implement such rule, and withdraws congressional authorization to repeal or promulgate rules inconsistent with such rule.’ (The blank spaces being appropriately filled in).
“(i) JOINT RESOLUTION OF APPROVAL.—For the purposes of this chapter, the term ‘joint resolution of approval’ means only a joint resolution described in subsection (g) or (h).
“(j) PERIODS FOR INTRODUCTION.—
“(1) A joint resolution described in subsection (g) or (h) may be introduced—
“(A) during the period described in section 802(a) with respect to the rule;
“(B) during the 60-legislative-day period beginning on the date of a final judgment described in subsection (k) with respect to the rule; or
“(C) at any time after the enactment of a joint resolution or joint resolution of approval under this section with respect to the rule.
“(2) Notwithstanding section 801(a), a joint resolution of disapproval under this chapter may be introduced at any time with respect to a rule that has been approved by enactment of a joint resolution under this section.
“(3) The enactment of a joint resolution of approval shall not preclude the subsequent consideration or enactment of a joint resolution of disapproval with respect to the same rule, and the enactment of a joint resolution of disapproval shall not preclude the subsequent consideration or enactment of a joint resolution of approval with respect to the same rule.
“(k) FINAL JUDGMENT DEFINED.—In this section, the term ‘final judgment’ means a judgment of a court of the United States that—
“(1) holds a rule invalid, in whole or in part, on the grounds that the rule exceeds statutory authority or is based on an incorrect interpretation of law; and
“(2) is no longer subject to further direct review, including but not limited to—
“(A) expiration of the time for filing a petition for a writ of certiorari; or
“(B) denial of such petition.
“(l) EXPEDITED PROCEDURES.—
“(1) A joint resolution described in subsection (g) or (h) shall be considered in the Senate under the procedures set forth in subsections (c), (d), and (e), except that references to a joint resolution in such subsections shall be deemed to refer to a joint resolution described in subsection (g) or (h).
“(2) In the House of Representatives, a joint resolution described in subsection (g) or (h) shall be considered under procedures established by the Rules of the House of Representatives that are comparable to the procedures described in subsection (f).
“(m) EFFECT OF FLEXIBLE APPROVAL.—
“(1) A rule approved by enactment of a joint resolution of flexible approval shall—
“(A) be deemed to have been authorized by statute; and
“(B) take immediate effect or remain in effect.
“(2) Approval under this subsection shall apply only to the rule specified in the joint resolution and shall not be construed to affect any other rule or agency action.
“(n) EFFECT OF STRICT APPROVAL.—
“(1) A rule affirmed by enactment of a joint resolution of strict approval shall—
“(A) be deemed to have been authorized by statute; and
“(B) be treated, for purposes of section 801(b)(2), as if Congress had enacted a law requiring the agency to adopt such a rule and prohibiting the agency from withdrawing such rule unless specifically authorized by subsequent law.
“(2) Approval under this subsection shall apply only to the rule specified in the joint resolution and shall not be construed to affect any other rule or agency action.”
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to alter section 801, except as expressly provided in this Act.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply to any rule (as defined in section 804(3) of title 5, United States Code), whether issued before, on, or after the date of enactment of this Act.