THRIVE Act

I 116TH CONGRESS 2D SESSION H. R. 8788 To amend title 5, United States Code, to exempt deregulatory rule from congressional review requirements, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 19, 2020 Mr. LOUDERMILK (for himself, Mr. ALLEN, and Mr. FLORES) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 5, United States Code, to exempt deregula- tory rule from congressional review requirements, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Terminating Heavy 4 Regulations to Invigorate a Vibrant Economy Act’’ or the 5 ‘‘THRIVE Act’’. 6 VerDate Sep 11 2014 22:06 Nov 30, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8788.IH H8788 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8788 IH SEC. 2. CONGRESSIONAL REVIEW ACT DEREGULATORY 1 RULE EXEMPTION. 2 (a) IN GENERAL.—Chapter 8 of title 5, United 3 States Code (commonly known as the ‘‘Congressional Re- 4 view Act’’), is amended— 5 (1) in section 804, by adding at the end the fol- 6 lowing: 7 ‘‘(4) DEREGULATORY ACTION.—The term ‘de- 8 regulatory rule’— 9 ‘‘(A) means a rule that has been finalized 10 by the promulgating agency and has total costs 11 less than zero; 12 ‘‘(B) includes a rule that— 13 ‘‘(i) repeals or revises an existing rule; 14 and 15 ‘‘(ii) is cost saving as determined by 16 the promulgating agency for purposes of 17 the total incremental cost allowance; and 18 ‘‘(C) includes a rule promulgated pursuant 19 to an informal, formal, or negotiated rule- 20 making. 21 ‘‘(5) TOTAL INCREMENTAL ALLOWANCE.—The 22 term ‘total incremental allowance’ means the total 23 amount of incremental costs that may be allowed for 24 each agency in issuing new regulations and repealing 25 regulations for the next fiscal year.’’; and 26 VerDate Sep 11 2014 22:06 Nov 30, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8788.IH H8788 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8788 IH (2) by inserting after section 807 the following: 1 ‘‘§ 807A. Deregulatory rule exemption 2 ‘‘Nothing in this chapter shall apply to any deregula- 3 tory rule.’’. 4 (b) CLERICAL AMENDMENT.—The table of sections 5 for chapter 8 of title 5, United States Code, is amended 6 by inserting after the item relating to section 807 the fol- 7 lowing: 8 ‘‘807A. Deregulatory rule exemption.’’. SEC. 3. DEFINITION OF RULE. 9 Section 551(4) of title 5, United States Code, is 10 amended— 11 (1) by striking ‘‘means’’ and inserting the fol- 12 lowing: ‘‘— 13 ‘‘(A) means’’; 14 (2) by striking ‘‘foregoing;’’ and inserting ‘‘fore- 15 going; and’’; and 16 (3) by adding at the end the following: 17 ‘‘(B) includes guidance documents;’’. 18 Æ VerDate Sep 11 2014 22:06 Nov 30, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H8788.IH H8788 kjohnson on DSK79L0C42PROD with BILLS