[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8408 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8408
To require a time limitation on covered agency mask mandate
requirements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2022
Mr. Ellzey introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Homeland Security, Energy and Commerce, and Rules, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To require a time limitation on covered agency mask mandate
requirements, 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 ``Federal Mask Mandate Limitations
Act''.
SEC. 2. MASK MANDATE INFORMATION REQUIREMENT.
(a) In General.--If the head of a Federal agency issues a
requirement for an individual to wear a mask or facial covering on
commercial aircraft, airports, trains, public maritime vessels
including ferries, and all forms of public transportation defined in
section 5302 of title 49, United States Code, such head shall publish
in the Federal Register a list of information on which the decision to
implement the requirement was based, including a data, scientific, and
cost-benefit analysis and the economic impact of such requirement.
(b) Submission to Congress.--Upon the implementation of a
requirement described in subsection (a), the head of the covered agency
concerned shall submit to Congress and the chairman and ranking member
of the Committee on Transportation and Infrastructure, the Committee on
Energy and Commerce, and the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and Governmental
Affairs of the Senate a report containing--
(1) a copy of the information described in subsection (a);
and
(2) the proposed effective date of the requirement
concerned.
SEC. 3. CONGRESSIONAL REVIEW OF MASK REQUIREMENTS.
(a) Congressional Review.--
(1)(A)(i) Before a requirement may take effect, the Federal
agency promulgating such requirement shall publish in the
Federal Register a list of information on which the requirement
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--
(I) a copy of the requirement;
(II) a concise general statement relating to the
requirement;
(III) a list of any other related regulatory
actions intended to implement the same statutory
provision or regulatory objective as well as the
individual and aggregate economic effects of those
actions; and
(IV) the proposed effective date of the
requirement.
(ii) On the date of the submission of the report under
clause (i), the Federal agency promulgating the requirement
shall submit to the Comptroller General and make available to
each House of Congress--
(I) a complete copy of the cost-benefit analysis of
the requirement, if any, including an analysis of any
jobs added or lost, differentiating between public and
private sector jobs;
(II) the agency's actions pursuant to sections 603,
604, 605, 607, and 609 of title 5, United States Code;
(III) the agency's actions pursuant to sections
202, 203, 204, and 205 of the Unfunded Mandates Reform
Act of 1995; and
(IV) any other relevant information or requirements
under any other Act and any relevant Executive orders.
(iii) Upon receipt of a report submitted under clause (i),
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
requirement is issued.
(B)(i) The Comptroller General shall provide a report on
each requirement to the committees of jurisdiction by the end
of 15 calendar days after the submission or publication date.
The report of the Comptroller General shall include an
assessment of the agency's compliance with procedural steps
required by subparagraph (A)(ii) and an assessment of whether
the requirement imposes any new limits or mandates on private-
sector activity.
(ii) Federal agencies shall cooperate with the Comptroller
General by providing information relevant to the Comptroller
General's report under clause (i).
(C) A requirement relating to a report submitted under
subparagraph (A) shall take effect upon enactment of a joint
resolution of approval described in subsection (b) or as
provided for in the requirement following enactment of a joint
resolution of approval described in subsection (b), whichever
is later.
(D) If a joint resolution of approval relating to a
requirement is not enacted within the period provided in
paragraph (2)(B), then a joint resolution of approval relating
to the same requirement may not be considered under this
section in the same Congress by either the House of
Representatives or the Senate.
(2)(A) A requirement shall not take effect unless the
Congress enacts a joint resolution of approval described under
subsection (b).
(B) 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 paragraph (1)(A)(i) is received by Congress
(excluding days either House of Congress is adjourned for more
than 3 days during a session of Congress), then the requirement
described in that resolution shall be deemed not to be approved
and such requirement shall not take effect.
(3)(A) Notwithstanding any other provision of this section
(except subject to subparagraph (C)), a requirement may take
effect for one 90-calendar-day period if the President makes a
determination under subparagraph (B) and submits written notice
of such determination to the Congress.
(B) Subparagraph (A) applies to a determination made by the
President by Executive order that the requirement should take
effect because such requirement is--
(i) necessary because of an imminent threat to
health or safety or other emergency;
(ii) necessary for the enforcement of criminal
laws; or
(iii) necessary for national security;
(C) An exercise by the President of the authority under
this subsection shall have no effect on the procedures under
subsection (b).
(4)(A) In addition to the opportunity for review otherwise
provided under this section, in the case of any requirement for
which a report was submitted in accordance with paragraph
(1)(A)(i) during the period beginning on the date occurring--
(i) in the case of the Senate, 60 session days; or
(ii) 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, sections 802 shall apply to
such requirement in the succeeding session of Congress.
(B)(i) In applying subsection (b) for purposes of such
additional review, a requirement described under subparagraph
(A) shall be treated as though--
(I) such requirement were published in the Federal
Register on--
(aa) in the case of the Senate, the 15th
session day; or
(bb) 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 requirement were submitted to
Congress under paragraph (1)(A) on such date.
(ii) Nothing in this paragraph shall be construed to affect
the requirement under paragraph (1)(A) that a report shall be
submitted to Congress before a requirement can take effect.
(C) A requirement described under subparagraph (A) shall
take effect as otherwise provided by law (including other
subsections of this section).
(b) Congressional Approval Procedure for Requirements.--
(1)(A) For purposes of this section, the term `joint
resolution' means only a joint resolution addressing a report
classifying a requirement pursuant to subsection
(a)(1)(A)(i)(III) that--
(i) bears no preamble;
(ii) bears the following title (with blanks filled
as appropriate): ``Approving the requirement submitted
by ___ relating to ___.'';
(iii) includes after its resolving clause only the
following (with blanks filled as appropriate): ``That
Congress approves the requirement submitted by ___
relating to ___.''; and
(iv) is introduced pursuant to subparagraph (B).
(B) After a House of Congress receives a report classifying
a requirement pursuant to subsection (a)(1)(A)(i)(III), the
majority leader of that House (or his or her respective
designee) shall introduce (by request, if appropriate) a joint
resolution described in subparagraph (A)--
(i) in the case of the House of Representatives,
within 3 legislative days; and
(ii) in the case of the Senate, within 3 session
days.
(C) A joint resolution described in subparagraph (A) shall
not be subject to amendment at any stage of proceeding.
(2) A joint resolution described in paragraph (1) shall be
referred in each House of Congress to the committees having
jurisdiction over the provision of law under which the
requirement is issued.
(3) In the Senate, if the committee or committees to which
a joint resolution described in paragraph (1) has been referred
have not reported it at the end of 15 session days after its
introduction, such committee or committees shall be
automatically discharged from further consideration of the
resolution and it shall be placed on the calendar. A vote on
final passage of the resolution shall be taken on or before the
close of the 15th session day after the resolution is reported
by the committee or committees to which it was referred, or
after such committee or committees have been discharged from
further consideration of the resolution.
(4)(A) In the Senate, when the committee or committees to
which a joint resolution is referred have reported, or when a
committee or committees are discharged (under paragraph (3))
from further consideration of a joint resolution described in
paragraph (1), it is at any time thereafter in order (even
though a previous motion to the same effect has been disagreed
to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint
resolution (and against consideration of the joint resolution)
are waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the consideration of the
joint resolution is agreed to, the joint resolution shall
remain the unfinished business of the Senate until disposed of.
(B) In the Senate, debate on the joint resolution, and on
all debatable motions and appeals in connection therewith,
shall be limited to not more than 2 hours, which shall be
divided equally between those favoring and those opposing the
joint resolution. 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.
(C) In the Senate, immediately following the conclusion of
the debate on a joint resolution described in paragraph (1),
and a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the Senate, the vote
on final passage of the joint resolution shall occur.
(D) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure
relating to a joint resolution described in paragraph (1) shall
be decided without debate.
(5) In the House of Representatives, if any committee to
which a joint resolution described in paragraph (1) has been
referred has not reported it to the House at the end of 15
legislative days after its introduction, such committee shall
be discharged from further consideration of the joint
resolution, and it shall be placed on the appropriate calendar.
On the second and fourth Thursdays of each month it shall be in
order at any time for the Speaker to recognize a Member who
favors passage of a joint resolution that has appeared on the
calendar for at least 5 legislative days to call up that joint
resolution for immediate consideration in the House without
intervention of any point of order. When so called up a joint
resolution shall be considered as read and shall be debatable
for 1 hour equally divided and controlled by the proponent and
an opponent, and the previous question shall be considered as
ordered to its passage without intervening motion. It shall not
be in order to reconsider the vote on passage. If a vote on
final passage of the joint resolution has not been taken by the
third Thursday on which the Speaker may recognize a Member
under this subsection, such vote shall be taken on that day.
(6)(A) If, before passing a joint resolution described in
paragraph (1), one House receives from the other a joint
resolution having the same text, then--
(i) the joint resolution of the other House shall
not be referred to a committee; and
(ii) the procedure in the receiving House shall be
the same as if no joint resolution had been received
from the other House until the vote on passage, when
the joint resolution received from the other House
shall supplant the joint resolution of the receiving
House.
(B) This subsection shall not apply to the House of
Representatives if the joint resolution received from the
Senate is a revenue measure.
(7) If either House has not taken a vote on final passage
of the joint resolution by the last day of the period described
in subsection (a)(2)(B), then such vote shall be taken on that
day.
(8) This section is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such are deemed to be part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of a joint resolution described in paragraph (1)
and superseding other rules only where explicitly so;
and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
they relate to the procedure of that House) at any
time, in the same manner and to the same extent as in
the case of any other rule of that House.
(c) Definitions.--For purposes of this section:
(1) The term ``Federal agency'' means the Department of
Transportation, the Department of Homeland Security (including
the Transportation Security Administration), and the Department
of Health and Human Services.
(2) The term ``requirement'' means any mask requirement
described in section 2.
(3) The term ``submission or publication date'', except as
otherwise provided in this section, means the date on which the
Congress receives the report submitted under subsection
(a)(1)(A).
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