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‘‘(b) Notwithstanding subsection (a), a court may de-
termine whether the Bureau has completed the necessary 
requirements under this chapter for a rule to take effect. 
‘‘(c) The enactment of a joint resolution of approval 
under section 802 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 af-
fect any claim, whether substantive or procedural, against 
any alleged defect in a rule, and shall not form part of 
the record before the court in any judicial proceeding con-
cerning a rule except for purposes of determining whether 
or not the rule is in effect. 
‘‘§ 806. Exemption for monetary policy 
‘‘Nothing in this chapter shall apply to rules that con-
cern monetary policy proposed or implemented by the 
Board of Governors of the Federal Reserve System or the 
Federal Open Market Committee. 
‘‘§ 807. Effective date of certain rules 
‘‘Notwithstanding section 801— 
‘‘(1) any rule that establishes, modifies, opens, 
closes, or conducts a regulatory program for a com-
mercial, recreational, or subsistence activity related 
to hunting, fishing, or camping; or 
‘‘(2) any rule other than a major rule which the 
Bureau for good cause finds (and incorporates the 
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finding and a brief statement of reasons therefore in 
the rule issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary 
to the public interest, 
shall take effect at such time as the Bureau determines. 
‘‘§ 808. Regulatory cut-go requirement 
‘‘In making any new rule, the Bureau shall identify 
a rule or rules that may be amended or repealed to com-
pletely offset any annual costs of the new rule to the 
United States economy. Before the new rule may take ef-
fect, the Bureau shall make each such repeal or amend-
ment. In making such an amendment or repeal, the Bu-
reau shall comply with the requirements of subchapter II 
of chapter 5, but the Bureau may consolidate proceedings 
under subchapter with proceedings on the new rule. 
‘‘§ 809. Review of rules currently in effect 
‘‘(a) ANNUAL REVIEW.—Beginning on the date that 
is 6 months after the date of enactment of this section 
and annually thereafter for the 9 years following, the Bu-
reau shall designate not less than 10 percent of eligible 
rules made by the Bureau for review, and shall submit 
a report including each such eligible rule in the same man-
ner as a report under section 801(a)(1). Section 801, sec-
tion 802, and section 803 shall apply to each such rule, 
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subject to subsection (c) of this section. No eligible rule 
previously designated may be designated again. 
‘‘(b) SUNSET
FOR
ELIGIBLE
RULES
NOT
EX-
TENDED.—Beginning after the date that is 10 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) CONSOLIDATION; SEVERABILITY.—In applying 
sections 801, 802, and 803 to eligible rules under this sec-
tion, the following shall apply: 
‘‘(1) The words ‘take effect’ shall be read as 
‘continue in effect’. 
‘‘(2) Except as provided in paragraph (3), a 
single joint resolution of approval shall apply to all 
eligible rules in a report designated for a year, and 
the matter after the resolving clause of that joint 
resolution is as follows: ‘That Congress approves the 
rules submitted by the ll for the year ll.’ (The 
blank spaces being appropriately filled in). 
‘‘(3) It shall be in order to consider any amend-
ment that provides for specific conditions on which 
the approval of a particular eligible rule included in 
the joint resolution is contingent. 
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‘‘(4) A member of either House may move that 
a separate joint resolution be required for a specified 
rule. 
‘‘(d) DEFINITION.—In this section, the term ‘eligible 
rule’ means a rule that is in effect as of the date of enact-
ment of this section.’’. 
SEC. 949. BUDGETARY EFFECTS OF RULES SUBJECT TO 
SECTION 802 OF TITLE 5, UNITED STATES 
CODE. 
Section 257(b)(2) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 is amended by adding 
at the end the following new subparagraph: 
‘‘(E) BUDGETARY
EFFECTS
OF
RULES 
SUBJECT TO SECTION 802 OF TITLE 5, UNITED 
STATES CODE.—Any rules subject to the con-
gressional approval procedure set forth in sec-
tion 802 of chapter 8 of title 5, United States 
Code, affecting budget authority, outlays, or re-
ceipts shall be assumed to be effective unless it 
is not approved in accordance with such sec-
tion.’’. 
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SEC. 950. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 
OF RULES. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study to determine, as of 
the date of the enactment of this Act— 
(1) how many rules (as such term is defined in 
section 804 of title 5, United States Code) of the 
Bureau were in effect; 
(2) how many major rules (as such term is de-
fined in section 804 of title 5, United States Code) 
of the Bureau were in effect; and 
(3) the total estimated economic cost imposed 
by all such rules. 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall submit a report to Congress that 
contains the findings of the study conducted under sub-
section (a). 
SEC. 951. EFFECTIVE DATE. 
Sections 948 and 949, and the amendments made by 
such sections, shall take effect beginning on the date that 
is 1 year after the date of enactment of this Act. 
TITLE X—EMAIL PRIVACY ACT 
SEC. 1001. VOLUNTARY DISCLOSURE CORRECTIONS. 
(a) IN GENERAL.—Section 2702 of title 18, United 
States Code, is amended— 
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(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘divulge’’ and inserting 
‘‘disclose’’; and 
(ii) by striking ‘‘while in electronic 
storage by that service’’ and inserting 
‘‘that is in electronic storage with or other-
wise stored, held, or maintained by that 
service’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘to the public’’; 
(ii) by striking ‘‘divulge’’ and insert-
ing ‘‘disclose’’; and 
(iii) by striking ‘‘which is carried or 
maintained on that service’’ and inserting 
‘‘that is stored, held, or maintained by that 
service’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘divulge’’ and inserting 
‘‘disclose’’; and 
(ii) by striking ‘‘a provider of’’ and in-
serting ‘‘a person or entity providing’’; 
(2) in subsection (b)— 
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(A) in the matter preceding paragraph (1), 
by inserting ‘‘wire or electronic’’ before ‘‘com-
munication’’; 
(B) by amending paragraph (1) to read as 
follows: 
‘‘(1) to an originator, addressee, or intended re-
cipient of such communication, to the subscriber or 
customer on whose behalf the provider stores, holds, 
or maintains such communication, or to an agent of 
such addressee, intended recipient, subscriber, or 
customer;’’; and 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) with the lawful consent of the originator, 
addressee, or intended recipient of such communica-
tion, or of the subscriber or customer on whose be-
half the provider stores, holds, or maintains such 
communication;’’; 
(3) in subsection (c) by inserting ‘‘wire or elec-
tronic’’ before ‘‘communications’’; 
(4) in each of subsections (b) and (c), by strik-
ing ‘‘divulge’’ and inserting ‘‘disclose’’; and 
(5) in subsection (c), by amending paragraph 
(2) to read as follows: 
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‘‘(2) with the lawful consent of the subscriber 
or customer;’’. 
SEC. 1002. AMENDMENTS TO REQUIRED DISCLOSURE SEC-
TION. 
Section 2703 of title 18, United States Code, is 
amended— 
(1) by striking subsections (a) through (c) and 
inserting the following: 
‘‘(a) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS IN ELECTRONIC STORAGE.—Except as pro-
vided in subsections (i) and (j), a governmental entity may 
require the disclosure by a provider of electronic commu-
nication service of the contents of a wire or electronic com-
munication that is in electronic storage with or otherwise 
stored, held, or maintained by that service only if the gov-
ernmental entity obtains a warrant issued using the proce-
dures described in the Federal Rules of Criminal Proce-
dure (or, in the case of a State court, issued using State 
warrant procedures) that— 
‘‘(1) is issued by a court of competent jurisdic-
tion; and 
‘‘(2) may indicate the date by which the pro-
vider must make the disclosure to the governmental 
entity. 
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In the absence of a date on the warrant indicating the 
date by which the provider must make disclosure to the 
governmental entity, the provider shall promptly respond 
to the warrant. 
‘‘(b) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS IN A REMOTE COMPUTING SERVICE.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (i) and (j), a governmental entity may re-
quire the disclosure by a provider of remote com-
puting service of the contents of a wire or electronic 
communication that is stored, held, or maintained by 
that service only if the governmental entity obtains 
a warrant issued using the procedures described in 
the Federal Rules of Criminal Procedure (or, in the 
case of a State court, issued using State warrant 
procedures) that— 
‘‘(A) is issued by a court of competent ju-
risdiction; and 
‘‘(B) may indicate the date by which the 
provider must make the disclosure to the gov-
ernmental entity. 
In the absence of a date on the warrant indicating 
the date by which the provider must make disclosure 
to the governmental entity, the provider shall 
promptly respond to the warrant. 
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‘‘(2) APPLICABILITY.—Paragraph (1) is appli-
cable with respect to any wire or electronic commu-
nication that is stored, held, or maintained by the 
provider— 
‘‘(A) on behalf of, and received by means 
of electronic transmission from (or created by 
means of computer processing of communica-
tion received by means of electronic trans-
mission from), a subscriber or customer of such 
remote computing service; and 
‘‘(B) solely for the purpose of providing 
storage or computer processing services to such 
subscriber or customer, if the provider is not 
authorized to access the contents of any such 
communications for purposes of providing any 
services other than storage or computer proc-
essing. 
‘‘(c) RECORDS CONCERNING ELECTRONIC COMMU-
NICATION SERVICE OR REMOTE COMPUTING SERVICE.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (i) and (j), a governmental entity may re-
quire the disclosure by a provider of electronic com-
munication service or remote computing service of a 
record or other information pertaining to a sub-
scriber to or customer of such service (not including 
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the contents of wire or electronic communications), 
only— 
‘‘(A) if a governmental entity obtains a 
warrant issued using the procedures described 
in the Federal Rules of Criminal Procedure (or, 
in the case of a State court, issued using State 
warrant procedures) that— 
‘‘(i) is issued by a court of competent 
jurisdiction directing the disclosure; and 
‘‘(ii) may indicate the date by which 
the provider must make the disclosure to 
the governmental entity; 
‘‘(B) if a governmental entity obtains a 
court order directing the disclosure under sub-
section (d); 
‘‘(C) with the lawful consent of the sub-
scriber or customer; or 
‘‘(D) as otherwise authorized in paragraph 
(2). 
‘‘(2) SUBSCRIBER
OR
CUSTOMER
INFORMA-
TION.—A provider of electronic communication serv-
ice or remote computing service shall, in response to 
an administrative subpoena authorized by Federal or 
State statute, a grand jury, trial, or civil discovery 
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subpoena, or any means available under paragraph 
(1), disclose to a governmental entity the— 
‘‘(A) name; 
‘‘(B) address; 
‘‘(C) local and long distance telephone con-
nection records, or records of session times and 
durations; 
‘‘(D) length of service (including start 
date) and types of service used; 
‘‘(E) telephone or instrument number or 
other subscriber or customer number or iden-
tity, including any temporarily assigned net-
work address; and 
‘‘(F) means and source of payment for 
such service (including any credit card or bank 
account number), 
of a subscriber or customer of such service. 
‘‘(3) NOTICE NOT REQUIRED.—A governmental 
entity that receives records or information under 
this subsection is not required to provide notice to 
a subscriber or customer.’’; 
(2) in subsection (d)— 
(A) by striking ‘‘(b) or’’; 
(B) by striking ‘‘the contents of a wire or 
electronic communication, or’’; 
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