Congressional review of Executive Orders

(a) Requirements (1) In general Before an Executive Order may take effect, the President shall publish in the Federal Register a list of information on which the Executive Order 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) a copy of the Executive Order; (B) a concise general statement relating to the Executive Order; (C) a classification of the Executive Order as a major or nonmajor Executive Order, including an explanation of the classification specifically addressing each criteria for a major Executive Order; (D) a list of any other related executive actions intended to implement the same objective, as well as the individual and aggregate economic effects of those actions; and (E) the proposed effective date of the Executive Order. (2) Report to chairmen and ranking members Upon receipt of a report submitted under paragraph (1), 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 Executive Order is issued. (3) Joint resolution of approval required for major Executive Orders A major Executive Order relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 3 or as provided for in the Executive Order following enactment of a joint resolution of approval described in such section, whichever is later. (4) Nonmajor Executive Orders A nonmajor Executive Order shall take effect after submission to Congress under paragraph (1). (5) Failure to enact joint resolution of approval If a joint resolution of approval relating to a major Executive Order is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same Executive Order may not be considered under this Act in the same Congress by either the House of Representatives or the Senate. (b) Joint resolution of approval requirement (1) In general A major Executive Order shall not take effect unless the Congress enacts a joint resolution of approval described under section 3. (2) Time limitation If a joint resolution described in paragraph (1) 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) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the Executive Order described in that resolution shall be deemed not to be approved and such rule shall not take effect. (c) Exception (1) In general Notwithstanding any other provision of this section (except subject to paragraph (3)), a major Executive Order 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) Criteria Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such Executive Order 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) No effect of joint resolution of approval An exercise by the President of the authority under this subsection shall have no effect on the procedures under section__*. (d) Special rules for end of session (1) In general In addition to the opportunity for review otherwise provided under this chapter, in the case of any Executive Order for which a report was submitted in accordance with subsection (a)(1) 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, section 3 shall apply to such Executive Order in the succeeding session of Congress. (2) Application (A) In general In applying section 3 for purposes of such additional review, an Executive Order described under paragraph (1) shall be treated as though— (i) such Executive Order 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 Executive Order was submitted to Congress under subsection (a)(1) on such date. (B) Rule of construction Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before an Executive Order can take effect. (3) Clarification An Executive Order described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).