I 
114TH CONGRESS 
1ST SESSION H. R. 3771 
To establish a procedure in the House of Representatives and the Senate 
to accomplish the policies contemplated by the Concurrent Resolution 
on the Budget for Fiscal Year 2016, to encourage the timely completion 
of fiscal policy work in Congress, and to provide for regulatory relief 
to grow the economy, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2015 
Mr. FLORES introduced the following bill; which was referred to the Com-
mittee on Rules, and in addition to the Committees on Oversight and 
Government Reform, the Judiciary, and Ways and Means, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To establish a procedure in the House of Representatives 
and the Senate to accomplish the policies contemplated 
by the Concurrent Resolution on the Budget for Fiscal 
Year 2016, to encourage the timely completion of fiscal 
policy work in Congress, and to provide for regulatory 
relief to grow the economy, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Terms of Credit Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—BUDGET 
Sec. 101. Procedure in the House of Representatives to reduce direct spending. 
Sec. 102. Consideration of alternative proposals. 
Sec. 103. Expedited procedures in the Senate. 
Sec. 104. Balanced budget constitutional amendment. 
TITLE II—WORK 
Sec. 201. Prohibiting consideration of legislation until passage of budget en-
forcement legislation. 
Sec. 202. Prohibiting adjournment of House until passage of budget enforce-
ment legislation. 
Sec. 203. Prohibiting adjournment of House until passage of appropriation 
bills. 
Sec. 204. Appropriations procedures in the Senate. 
Sec. 205. Effective dates. 
TITLE III—GROW 
Subtitle A—Regulatory Freeze for Jobs 
Sec. 301. Short title. 
Sec. 302. Moratorium on significant regulatory actions. 
Sec. 303. Waivers and exceptions. 
Sec. 304. Judicial review. 
Sec. 305. Definitions. 
Subtitle B—Midnight Rule Relief 
Sec. 311. Short title. 
Sec. 312. Moratorium on midnight rules. 
Sec. 313. Exception. 
Sec. 314. Definitions. 
TITLE IV—DEBT LIMIT 
Sec. 401. Increase in the public debt limit. 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
TITLE I—BUDGET 
SEC. 101. PROCEDURE IN THE HOUSE OF REPRESENTA-
TIVES TO REDUCE DIRECT SPENDING. 
(a) SPENDING REDUCTION DIRECTIVES.—Not later 
than 90 days after the date of enactment of this Act, the 
chair of each committee of the House of Representatives 
listed in paragraphs (1) through (11) shall submit to the 
chair of the Committee on the Budget of the House of 
Representatives recommendations with respect to changes 
in laws within the committee’s jurisdiction to reduce direct 
spending, over the period of fiscal years 2016 through 
2025, equal to or greater than the dollar amount applica-
ble to such committee, as follows: 
(1) 
Committee 
on 
Agriculture, 
$300,022,000,000. 
(2) Committee on Education and the Work-
force, $229,658,000,000. 
(3) Committee on Energy and Commerce, 
$1,369,266,000,000. 
(4) 
Committee 
on 
Financial 
Services, 
$62,056,000,000. 
(5) 
Committee 
on 
Homeland 
Security, 
$19,470,000,000. 
(6) 
Committee 
on 
House 
Administration, 
$53,000,000. 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
(7) 
Committee 
on 
the 
Judiciary, 
$23,055,000,000. 
(8) 
Committee 
on 
Natural 
Resources, 
$32,483,000,000. 
(9) Committee on Oversight and Government 
Reform, $193,896,000,000. 
(10) 
Committee 
on 
Veterans’ 
Affairs, 
$2,569,000,000. 
(11) 
Committee 
on 
Ways 
and 
Means, 
$1,594,658,000,000. 
(b) LEGISLATIVE PROCEDURE.— 
(1) IN GENERAL.—Each committee so directed 
under subsection (a) shall, not later than 90 days 
after the date of enactment of this Act, submit the 
recommendations described in such subsection to the 
chair of the Committee on the Budget of the House 
of Representatives, which upon receiving all such 
recommendations, shall report to the House of Rep-
resentatives, not later than 30 days thereafter, the 
bill described in paragraph (2). 
(2) BILL DESCRIBED.—A bill described in this 
paragraph is a bill— 
(A) consisting of legislation carrying out 
the recommendations described in subsection 
(a) without any substantive revision; and 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
(B) entitled ‘‘A bill to provide for reduc-
tions in direct spending to meet the direct 
spending targets provided for in the Terms of 
Credit Act.’’. 
(3) FAILURE TO SUBMIT RECOMMENDATIONS.— 
The Committee on Rules of the House of Represent-
atives may make in order amendments to carry out 
the recommendations described in subsection (a) if a 
committee of the House fails to submit recommenda-
tions to the Committee on the Budget of the House 
of Representatives consistent with paragraph (1). 
(c) EXPEDITED CONSIDERATION IN THE HOUSE OF 
REPRESENTATIVES.— 
(1) IN GENERAL.—Not later than five legisla-
tive days after the bill described in subsection (b) or 
section 102(a) is reported or the committees of re-
ferral have been discharged from further consider-
ation thereof, it shall be in order to move to proceed 
to consider the bill in the House. Such a motion 
shall be in order only at a time designated by the 
Speaker in the legislative schedule within two legisla-
tive days after the day on which the proponent an-
nounces an intention to the House to offer the mo-
tion provided that such notice is provided after such 
bill is reported. Such a motion shall not be in order 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
after the House has disposed of a motion to proceed 
with respect to that bill. The previous question shall 
be considered as ordered on the motion to its adop-
tion without intervening motion. 
(2) CONSIDERATION.—Except as provided in 
paragraph (3), if the motion to proceed is agreed to, 
the House shall immediately proceed to consider the 
bill referred to in paragraph (1) in the House with-
out intervening motion. Such bill shall be considered 
as read. Except as provided in paragraph (3), all 
points of order against such bill and against its con-
sideration are waived. The previous question shall be 
considered as ordered on such bill to its passage 
without intervening motion except 2 hours of debate 
equally divided and controlled by the proponent and 
an opponent and one motion to limit debate on the 
bill. 
(3) EXTRANEOUS MATTER.—A provision con-
taining an extraneous matter may not be reported in 
a bill considered pursuant to this subsection, and 
may not be considered as an amendment thereto. 
When the House is considering a bill pursuant to 
paragraph (2), upon a point of order being made by 
any Member against material extraneous to the di-
rectives to a committee which is contained in any 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
title or provision of the bill or offered as an amend-
ment to the bill, and the point of order is sustained 
by the Chair, any part of said title or provision that 
contains material extraneous to the instructions 
shall be deemed stricken from the bill and no provi-
sion deemed extraneous may be offered as an 
amendment from the floor. For purposes of the pre-
ceding sentence, a provision of a bill considered pur-
suant to paragraph (2) shall be considered extra-
neous if such provision does not produce a net de-
crease in outlays or produces a net increase in rev-
enue. In making a determination as to the extra-
neous nature of a provision, material, or part, the 
Chair shall rely on estimates from the Committee on 
the Budget. 
(4) SPECIAL RULE.—If the House adopts a spe-
cial order of business for the consideration of the bill 
referred to in paragraph (1), including a special 
order of business which may make amendments to 
the bill in order, the bill shall be considered under 
the terms and conditions of that special order of 
business, except that such special order of business 
may not provide for debate for a period of time to 
exceed 10 hours, equally divided and controlled by 
the proponent and an opponent. 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
(5) TERMINATION
OF
EXPEDITED
PROCE-
DURES.—After the House has passed a bill or bills 
that meet the total amount of each spending reduc-
tion directive under subsection (a) as estimated by 
the Chairman of the Committee on the Budget, the 
expedited procedures under this subsection shall no 
longer apply. 
SEC. 102. CONSIDERATION OF ALTERNATIVE PROPOSALS. 
(a) IN GENERAL.—If the Committee on the Budget 
fails to report the bill required under section 101(b) prior 
to the deadline set forth under such section for reporting 
the bill, any Member of the House of Representatives may 
introduce a bill to accomplish spending reduction direc-
tives under section 101(a)(1). 
(b) CONSIDERATION IN THE HOUSE OF REPRESENT-
ATIVES.— 
(1) REFERRAL
AND
REPORTING.—Except as 
provided in paragraph (2), any committee of the 
House of Representatives to which a bill introduced 
pursuant to subsection (a) is referred shall report it 
to the House without amendment not later than the 
fifth legislative day after the date of its introduction. 
If a committee fails to report the bill within that pe-
riod or the House has adopted a concurrent resolu-
tion providing for adjournment sine die at the end 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
of a Congress, such committee shall be automatically 
discharged from further consideration of the bill and 
it shall be placed on the appropriate calendar. 
(2) REQUIRING
MINIMUM
REDUCTION
IN
DI-
RECT
SPENDING.—A committee of the House to 
which a bill is referred under this section is not re-
quired to report the bill to the House if the bill does 
not reduce direct spending by at least 5 percent of 
the directive applicable to the committee under sec-
tion 101(a), as estimated by the Congressional 
Budget Office. 
(3) EXPEDITED
PROCEDURES.—Any bill re-
ported or discharged pursuant to paragraph (1) 
shall be considered under the expedited procedures 
described under section 101(c). 
(4) TERMINATION
OF
EXPEDITED
PROCE-
DURES.—After the House has passed a bill or bills 
that meet the total amount of each spending reduc-
tion directive under section 101(a) as estimated by 
the Chairman of the Committee on the Budget, the 
expedited procedures under paragraph (3) shall no 
longer apply. 
SEC. 103. EXPEDITED PROCEDURES IN THE SENATE. 
(a) COMMITTEE CONSIDERATION.—In the Senate, 
upon receipt of a bill passed in the House pursuant to 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
section 101 or 102 shall be jointly referred to the com-
mittee or committees of jurisdiction, which shall report the 
bill without any revision and with a favorable rec-
ommendation, an unfavorable recommendation, or without 
recommendation, not later than 5 legislative days after re-
ceipt in the Senate. If any committee fails to report the 
bill within that period, that committee shall be automati-
cally discharged from consideration of the bill, and the bill 
shall be placed on the appropriate calendar. 
(b) MOTION TO PROCEED.—Notwithstanding Rule 
XXII of the Standing Rules of the Senate, it is in order, 
not later than 2 days of session after the date on which 
a bill under paragraph (1) is reported or discharged from 
all committees to which it was referred, for the majority 
leader of the Senate or the majority leader’s designee to 
move to proceed to the consideration of the bill. It shall 
also be in order for any Member of the Senate to move 
to proceed to the consideration of such bill at any time 
after the conclusion of such 2-day period. A motion to pro-
ceed is in order even though a previous motion to the same 
effect has been disagreed to. All points of order against 
the motion to proceed to the bill are waived. The motion 
to proceed is not debatable. The motion is not subject to 
a motion to postpone. If a motion to proceed to the consid-
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
eration of the bill is agreed to, the bill shall remain the 
unfinished business until disposed of. 
(c) CONSIDERATION.—All points of order against the 
bill and against consideration of the bill are waived. Con-
sideration of the bill and of all debatable motions and ap-
peals in connection therewith shall not exceed a total of 
30 hours which shall be divided equally between the Ma-
jority and Minority Leaders or their designees. A motion 
further to limit debate on the bill is in order, shall require 
an affirmative vote of three-fifths of the Members duly 
chosen and sworn, and is not debatable. Any debatable 
motion or appeal is debatable for not to exceed 1 hour, 
to be divided equally between those favoring and those op-
posing the motion or appeal. All time used for consider-
ation of the bill, including time used for quorum calls and 
voting, shall be counted against the total 30 hours of con-
sideration. 
(d) VOTE ON PASSAGE.—If the Senate has voted to 
proceed to the bill, the vote on passage of the bill shall 
occur immediately following the conclusion of the debate 
on the bill, and a single quorum call at the conclusion of 
the debate if requested. 
(e) RULINGS OF THE CHAIR ON PROCEDURE.—Ap-
peals from the decisions of the Chair relating to the appli-
cation of the rules of the Senate, as the case may be, to 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
the procedure relating to the bill shall be decided without 
debate. 
SEC. 104. BALANCED BUDGET CONSTITUTIONAL AMEND-
MENT. 
(a) VOTE
ON
THE BALANCED BUDGET AMEND-
MENT.—Not later than December 31, 2015, the House of 
Representatives and Senate, respectively, shall vote on 
passage of a joint resolution, the title of which is as fol-
lows: ‘‘Joint resolution proposing a balanced budget 
amendment to the Constitution of the United States.’’. 
(b) CONSIDERATION BY THE OTHER HOUSE.— 
(1) HOUSE CONSIDERATION.— 
(A) REFERRAL.—If the House receives a 
joint resolution described in subsection (a) from 
the Senate, such joint resolution shall be re-
ferred to the Committee on the Judiciary. If the 
committee fails to report the joint resolution 
within five legislative days, it shall be in order 
to move that the House discharge the com-
mittee from further consideration of the joint 
resolution. Such a motion shall not be in order 
after the House has disposed of a motion to 
discharge the joint resolution. The previous 
question shall be considered as ordered on the 
motion to its adoption without intervening mo-
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
tion except twenty minutes of debate equally di-
vided and controlled by the proponent and an 
opponent. If such a motion is adopted, the 
House shall proceed immediately to consider the 
joint resolution in accordance with subpara-
graph (C). A motion to reconsider the vote by 
which the motion is disposed of shall not be in 
order. 
(B) PROCEEDING
TO
CONSIDERATION.— 
After the joint resolution has been referred to 
the appropriate calendar or the committee has 
been discharged (other than by motion) from its 
consideration, it shall be in order to move to 
proceed to consider the joint resolution in the 
House. Such a motion shall not be in order 
after the House has disposed of a motion to 
proceed with respect to the joint resolution. The 
previous question shall be considered as ordered 
on the motion to its adoption without inter-
vening motion. A motion to reconsider the vote 
by which the motion is disposed of shall not be 
in order. 
(C) CONSIDERATION.—The joint resolution 
shall be considered as read. All points of order 
against the joint resolution and against its con-
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
sideration are waived. The previous question 
shall be considered as ordered on the joint reso-
lution to its passage without intervening motion 
except two hours of debate equally divided and 
controlled by the proponent and an opponent 
and one motion to limit debate on the joint res-
olution. A motion to reconsider the vote on pas-
sage of the joint resolution shall not be in 
order. 
(2) SENATE CONSIDERATION.— 
(A) REFERRAL.—If the Senate receives a 
joint resolution described in subsection (a) from 
the House of Representatives, such joint resolu-
tion shall be referred to the appropriate com-
mittee of the Senate. If such committee has not 
reported the joint resolution at the close of the 
fifth session day after its receipt by the Senate, 
such committee shall be automatically dis-
charged from further consideration of the joint 
resolution and it shall be placed on the appro-
priate calendar. 
(B) PROCEEDING
TO
CONSIDERATION.— 
Consideration of the joint resolution and on all 
debatable motions and appeals in connection 
therewith, shall be limited to not more than 20 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
hours, which shall be divided equally between 
the majority and minority leaders or their des-
ignees. 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. 
Any debatable motion or appeal is debatable for 
not to exceed 1 hour, to be divided equally be-
tween those favoring and those opposing the 
motion or appeal. All time used for consider-
ation of the joint resolution, including time 
used for quorum calls and voting, shall be 
counted against the total 20 hours of consider-
ation. 
(C) CONSIDERATION.—If the Senate has 
voted to proceed to a joint resolution, the vote 
on passage of the joint resolution shall be taken 
on or before the close of the seventh session day 
after such joint resolution has been reported or 
discharged or immediately following the conclu-
sion of consideration of the joint resolution, and 
a single quorum call at the conclusion of the de-
bate if requested in accordance with the rules of 
the Senate. 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
TITLE II—WORK 
SEC. 201. PROHIBITING CONSIDERATION OF LEGISLATION 
UNTIL PASSAGE OF BUDGET ENFORCEMENT 
LEGISLATION. 
(a) IN GENERAL.—If the House has not passed a bill 
or bills that meet the total amount of each spending reduc-
tion directive under section 101(a) as estimated by the 
Chairman of the Committee on the Budget, it shall not 
be in order in the House of Representatives to consider 
any bill or joint resolution during the One Hundred Four-
teenth Congress, other than legislation under section 101 
or 102 or a bill, resolution, concurrent resolution, or joint 
resolution referenced in subsection (b). 
(b) WAIVER.—The point of order under subsection 
(a) shall not apply at any time after— 
(1) the House has adopted a concurrent resolu-
tion on the budget for fiscal year 2017; and 
(2) the House of Representatives has passed 
during fiscal year 2016 legislation containing an au-
thorization of the use of military force or a declara-
tion of war. 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 202. PROHIBITING ADJOURNMENT OF HOUSE UNTIL 
PASSAGE OF BUDGET ENFORCEMENT LEGIS-
LATION. 
It shall not be in order for the House of Representa-
tives to consider a concurrent resolution to provide that 
the House stand adjourned during the One Hundred 
Fourteenth Congress unless the House has passed legisla-
tion under section 101 or 102. 
SEC. 203. PROHIBITING ADJOURNMENT OF HOUSE UNTIL 
PASSAGE OF APPROPRIATION BILLS. 
(a) IN GENERAL.—If by September 1 of any calendar 
year the House of Representatives has not passed each 
of the regular appropriation bills (or any combination 
thereof), a consolidated appropriations bill, or a full-year 
continuing resolution for the fiscal year which begins on 
October 1 of that calendar year, it shall not be in order 
in the House to consider a concurrent resolution to provide 
that the House stand adjourned during any day occurring 
during that calendar year until the House has passed each 
such bill or such continuing resolution. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘regular appropriation bill’’ means 
any annual appropriation bill which is under the ju-
risdiction of a single subcommittee of the Committee 
on Appropriations of the House of Representatives 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
(as may be provided under the Rules for the fiscal 
year involved); and 
(2) the term ‘‘full-year continuing resolution’’ 
means a bill or joint resolution providing for con-
tinuing appropriations for all of the programs and 
activities of the Federal Government through the 
end of the fiscal year for which a regular appropria-
tion bill has not been enacted. 
SEC. 204. APPROPRIATIONS PROCEDURES IN THE SENATE. 
(a) IN GENERAL.—After October 1 of a fiscal year, 
a motion to proceed to a regular appropriations bill for 
that fiscal year shall be nondebatable. 
(b) REGULAR APPROPRIATIONS BILL DEFINED.—In 
this section, the term ‘‘regular appropriations bill’’ means 
any annual appropriations bill which has been reported fa-
vorably from the Committee on Appropriations of the Sen-
ate. 
SEC. 205. EFFECTIVE DATES. 
(a) SECTIONS 201 AND 202.—Sections 201 and 202 
shall take effect upon the expiration of the 150-day period 
which begins on the date of the enactment of this Act. 
(b) SECTIONS 203 AND 204.—Sections 203 and 204 
shall take effect on the date of enactment of this Act. 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
TITLE III—GROW 
Subtitle A—Regulatory Freeze for 
Jobs 
SEC. 301. SHORT TITLE. 
This subtitle may be cited as the ‘‘Regulatory Freeze 
for Jobs Act of 2015’’. 
SEC. 302. MORATORIUM ON SIGNIFICANT REGULATORY AC-
TIONS. 
An agency may not take any significant regulatory 
action during the period beginning on the date of the en-
actment of this Act and ending on July 1, 2017. 
SEC. 303. WAIVERS AND EXCEPTIONS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this subtitle, an agency may take a significant reg-
ulatory action only in accordance with subsection (b), (c), 
or (d) during the period described in section 302. 
(b) PRESIDENTIAL WAIVER.— 
(1) IN GENERAL.—An agency may take a sig-
nificant regulatory action if the President deter-
mines by Executive order that the significant regu-
latory action is— 
(A) necessary because of an imminent 
threat to health or safety or other emergency; 
(B) necessary for the enforcement of crimi-
nal or civil rights laws; 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
(C) necessary for the national security of 
the United States; or 
(D) issued pursuant to any statute imple-
menting an international trade agreement. 
(2) CONGRESSIONAL DISAPPROVAL.—If a joint 
resolution disapproving an Executive order issued 
under paragraph (1) is enacted into law not later 
than 30 legislative days after the issuance of the Ex-
ecutive order, an agency may not take a significant 
regulatory action pursuant to the Executive order, 
and any significant regulatory action taken pursuant 
to the Executive order prior to the enactment of the 
joint resolution shall have no force or effect. 
(c) DEREGULATORY EXCEPTION.—An agency may 
take a significant regulatory action if the Administrator 
of the Office of Information and Regulatory Affairs of the 
Office of Management and Budget certifies in writing that 
the significant regulatory action is limited to repealing an 
existing rule. 
(d) CONGRESSIONAL WAIVERS.— 
(1) SUBMISSION.—For any significant regu-
latory action not eligible for a Presidential waiver 
pursuant to subsection (b), the President may sub-
mit a written request to Congress for a waiver of the 
application of section 302 for such action. 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
(2) CONTENTS.—A submission by the President 
under this subsection shall— 
(A) identify the significant regulatory ac-
tion and the scope of the requested waiver; 
(B) describe all the reasons the significant 
regulatory action is necessary to protect the 
public health, safety, or welfare; and 
(C) include an explanation of why the sig-
nificant regulatory action is ineligible for a 
Presidential waiver under subsection (b). 
(3) CONGRESSIONAL
ACTION.—Congress shall 
give expeditious consideration and take appropriate 
legislative action with respect to any submission by 
the President under this subsection. 
SEC. 304. JUDICIAL REVIEW. 
(a) REVIEW.—Any party adversely affected or ag-
grieved by any rule or guidance resulting from a regu-
latory action taken in violation of this subtitle is entitled 
to judicial review in accordance with chapter 7 of title 5, 
United States Code. Any determination by either the 
President or the Secretary of Labor under this subtitle 
shall be subject to judicial review under such chapter. 
(b) JURISDICTION.—Each court having jurisdiction 
to review any rule or guidance resulting from a significant 
regulatory action for compliance with any other provision 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
of law shall have jurisdiction to review all claims under 
this subtitle. 
(c) RELIEF.—In granting any relief in any civil ac-
tion under this section, the court shall order the agency 
to take corrective action consistent with this subtitle and 
chapter 7 of title 5, United States Code, including re-
manding the rule or guidance resulting from the signifi-
cant regulatory action to the agency and enjoining the ap-
plication or enforcement of that rule or guidance, unless 
the court finds by a preponderance of the evidence that 
application or enforcement is required to protect against 
an imminent and serious threat to the national security 
of the United States. 
(d) REASONABLE ATTORNEY’S FEES
FOR SMALL 
BUSINESSES.—The court shall award reasonable attor-
ney’s fees and costs to a substantially prevailing small 
business in any civil action arising under this subtitle. A 
small business may qualify as substantially prevailing even 
without obtaining a final judgment in its favor if the agen-
cy that took the significant regulatory action changes its 
position after the civil action is filed. Such award shall 
be paid out of the administrative budget of the office in 
the agency that took the challenged agency action. 
(e) LIMITATION ON COMMENCING CIVIL ACTION.— 
A party may seek and obtain judicial review during the 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS
1-year period beginning on the date of the challenged 
agency action or within 90 days after an enforcement ac-
tion or notice thereof, except that where another provision 
of law requires that a civil action be commenced before 
the expiration of that 1-year period, such lesser period 
shall apply. 
(f) SMALL BUSINESS DEFINED.—In this section, the 
term ‘‘small business’’ means any business, including an 
unincorporated business or a sole proprietorship, that em-
ploys not more than 500 employees or that has a net 
worth of less than $7,000,000 on the date a civil action 
arising under this subtitle is filed. 
SEC. 305. DEFINITIONS. 
In this subtitle: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term under section 551 of title 
5, United States Code, except that such term does 
not include— 
(A) the Board of Governors of the Federal 
Reserve System; 
(B) the Federal Open Market Committee; 
or 
(C) the United States Postal Service. 
(2) REGULATORY
ACTION.—The term ‘‘regu-
latory action’’ means any substantive action by an 
VerDate Sep 11 2014 
02:01 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3771.IH
H3771
SSpencer on DSK4SPTVN1PROD with BILLS