I 

114TH CONGRESS 

1ST SESSION H. R. 427 

To amend chapter 8 of title 5, United States Code, to provide that major 

rules of the executive branch shall have no force or effect unless a 

joint resolution of approval is enacted into law. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 21, 2015 

Mr. YOUNG of Indiana (for himself, Mr. MASSIE, Mr. SIMPSON, Mr. BRADY

of Texas, Mr. DESJARLAIS, Mr. SMITH of Texas, Mr. SMITH of Nebraska, Mr. JONES, Mr. JENKINS of West Virginia, Mr. ROUZER, Mr. 

MURPHY of Pennsylvania, Mr. ROE of Tennessee, Mr. POSEY, Mr. SESSIONS, Mr. FRANKS of Arizona, Mr. STEWART, Mr. RIBBLE, Mr. WEBER

of Texas, Mr. ROTHFUS, Mr. TIPTON, Mr. YOHO, Mr. THORNBERRY, Mr. 

WESTMORELAND, Mr. TURNER, Mr. BRIDENSTINE, Mr. KELLY of Pennsylvania, Mr. FLORES, Mr. PEARCE, Mr. WILSON of South Carolina, Mr. 

CHAFFETZ, Mr. RODNEY DAVIS of Illinois, Mr. MCCAUL, Mr. RICE of 

South Carolina, Mr. HANNA, Mr. STIVERS, Mr. DUNCAN of South Carolina, Mr. OLSON, Mr. BLUM, Mr. GRAVES of Missouri, Mr. WILLIAMS, 

Mr. HARPER, Mr. HUIZENGA of Michigan, Mr. LONG, Mr. BENISHEK, 

Mr. SALMON, Mrs. BLACK, Mr. MCKINLEY, Mr. GIBSON, Mr. JOLLY, Mr. 

POMPEO, Mr. LATTA, Mr. GOODLATTE, Mr. MULLIN, Mr. WALBERG, Mr. 

BUCSHON, Mr. PITTENGER, Mr. FINCHER, Mr. FARENTHOLD, Mr. 

HUELSKAMP, Mr. GOSAR, Mr. MCCLINTOCK, Mr. YOUNG of Alaska, Mr. 

COLE, Mr. FORTENBERRY, Mr. BOUSTANY, Mr. COSTELLO of Pennsylvania, Mr. CRENSHAW, Mr. VALADAO, Mr. BROOKS of Alabama, Mr. 

ROKITA, Mr. GIBBS, Mr. CULBERSON, Mr. CLAWSON of Florida, Mr. 

MESSER, Mr. FORBES, Mr. BARR, Mrs. NOEM, Mr. WEBSTER of Florida, 

Mr. HUNTER, Mr. DIAZ-BALART, Mr. CHABOT, Mrs. MCMORRIS RODGERS, Mr. GUTHRIE, Mr. HUDSON, Ms. JENKINS of Kansas, Mr. TIBERI, 

Mr. WENSTRUP, Mrs. LUMMIS, Mr. GARRETT, Mr. CRAWFORD, Mrs. 

BLACKBURN, Mr. NUGENT, Mr. SHIMKUS, Mr. FITZPATRICK, Mr. DUNCAN of Tennessee, Mr. SAM JOHNSON of Texas, Mr. LAMALFA, Mr. 

PALAZZO, Mr. FLEISCHMANN, Mr. MEADOWS, Mr. HENSARLING, Mr. 

GUINTA, Mr. GOHMERT, Mr. BYRNE, Mr. LOUDERMILK, Mr. MILLER of 

Florida, Mrs. WALORSKI, Mr. ROSKAM, Mr. GROTHMAN, Mr. NUNNELEE, 

Mr. NUNES, Mr. CRAMER, Mr. YODER, Mrs. BROOKS of Indiana, Mr. 

ROGERS of Alabama, Mr. HARDY, Mr. SMITH of Missouri, Mr. GRIFFITH, 

Mr. FRELINGHUYSEN, Mrs. WAGNER, Mr. BABIN, Mr. COLLINS of New 

York, Mr. SCHOCK, Mr. HULTGREN, Mr. DESANTIS, Mr. WOMACK, Mr. 


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KLINE, Mr. HECK of Nevada, Mr. MARINO, Mr. RYAN of Wisconsin, Mr. 

LAMBORN, Mr. MULVANEY, Mr. AMODEI, and Mr. MOONEY of West Virginia) introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committees on Rules and the 

Budget, 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 amend chapter 8 of title 5, United States Code, to provide 

that major rules of the executive branch shall have no 

force or effect unless a joint resolution of approval is 

enacted into law. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regulations From the 

5 Executive in Need of Scrutiny Act of 2015’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to increase accountability 

8 for and transparency in the Federal regulatory process. 

9 Section 1 of article I of the United States Constitution 

10 grants all legislative powers to Congress. Over time, Con11 gress has excessively delegated its constitutional charge 

12 while failing to conduct appropriate oversight and retain 

13 accountability for the content of the laws it passes. By 

14 requiring a vote in Congress, the REINS Act will result 

15 in more carefully drafted and detailed legislation, an imVerDate Sep 11 2014 23:14 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H427.IH H427

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1 proved regulatory process, and a legislative branch that 

2 is truly accountable to the American people for the laws 

3 imposed upon them. 

4 SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE5 MAKING. 

6 Chapter 8 of title 5, United States Code, is amended 

7 to read as follows: 

8 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

9 OF AGENCY RULEMAKING 

‘‘Sec. 

‘‘801. Congressional review. 

‘‘802. Congressional approval procedure for major rules. 

‘‘803. Congressional disapproval procedure for nonmajor rules. 

‘‘804. Definitions. 

‘‘805. Judicial review. 

‘‘806. Exemption for monetary policy. 

‘‘807. Effective date of certain rules. 

10 ‘‘§ 801. Congressional review 

11 ‘‘(a)(1)(A) Before a rule may take effect, the Federal 

12 agency promulgating such rule shall submit to each House 

13 of the Congress and to the Comptroller General a report 

14 containing— 

15 ‘‘(i) a copy of the rule; 

16 ‘‘(ii) a concise general statement relating to the 

17 rule; 

18 ‘‘(iii) a classification of the rule as a major or 

19 nonmajor rule, including an explanation of the clas20 sification specifically addressing each criteria for a 


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1 major rule contained within sections 804(2)(A), 

2 804(2)(B), and 804(2)(C); 

3 ‘‘(iv) a list of any other related regulatory ac4 tions intended to implement the same statutory pro5 vision or regulatory objective as well as the indi6 vidual and aggregate economic effects of those ac7 tions; and 

8 ‘‘(v) the proposed effective date of the rule. 

9 ‘‘(B) On the date of the submission of the report 

10 under subparagraph (A), the Federal agency promulgating 

11 the rule shall submit to the Comptroller General and make 

12 available to each House of Congress— 

13 ‘‘(i) a complete copy of the cost-benefit analysis 

14 of the rule, if any; 

15 ‘‘(ii) the agency’s actions pursuant to sections 

16 603, 604, 605, 607, and 609 of this title; 

17 ‘‘(iii) the agency’s actions pursuant to sections 

18 202, 203, 204, and 205 of the Unfunded Mandates 

19 Reform Act of 1995; and 

20 ‘‘(iv) any other relevant information or require21 ments under any other Act and any relevant Execu22 tive orders. 

23 ‘‘(C) Upon receipt of a report submitted under sub24 paragraph (A), each House shall provide copies of the re25 port to the chairman and ranking member of each standVerDate Sep 11 2014 23:14 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H427.IH H427

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1 ing committee with jurisdiction under the rules of the 

2 House of Representatives or the Senate to report a bill 

3 to amend the provision of law under which the rule is 

4 issued. 

5 ‘‘(2)(A) The Comptroller General shall provide a re6 port on each major rule to the committees of jurisdiction 

7 by the end of 15 calendar days after the submission or 

8 publication date as provided in section 802(b)(2). The re9 port of the Comptroller General shall include an assess10 ment of the agency’s compliance with procedural steps re11 quired by paragraph (1)(B). 

12 ‘‘(B) Federal agencies shall cooperate with the Comp13 troller General by providing information relevant to the 

14 Comptroller General’s report under subparagraph (A). 

15 ‘‘(3) A major rule relating to a report submitted 

16 under paragraph (1) shall take effect upon enactment of 

17 a joint resolution of approval described in section 802 or 

18 as provided for in the rule following enactment of a joint 

19 resolution of approval described in section 802, whichever 

20 is later. 

21 ‘‘(4) A nonmajor rule shall take effect as provided 

22 by section 803 after submission to Congress under para23 graph (1). 

24 ‘‘(5) If a joint resolution of approval relating to a 

25 major rule is not enacted within the period provided in 


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1 subsection (b)(2), then a joint resolution of approval relat2 ing to the same rule may not be considered under this 

3 chapter in the same Congress by either the House of Rep4 resentatives or the Senate. 

5 ‘‘(b)(1) A major rule shall not take effect unless the 

6 Congress enacts a joint resolution of approval described 

7 under section 802. 

8 ‘‘(2) If a joint resolution described in subsection (a) 

9 is not enacted into law by the end of 70 session days or 

10 legislative days, as applicable, beginning on the date on 

11 which the report referred to in section 801(a)(1)(A) is re12 ceived by Congress (excluding days either House of Con13 gress is adjourned for more than 3 days during a session 

14 of Congress), then the rule described in that resolution 

15 shall be deemed not to be approved and such rule shall 

16 not take effect. 

17 ‘‘(c)(1) Notwithstanding any other provision of this 

18 section (except subject to paragraph (3)), a major rule 

19 may take effect for one 90-calendar-day period if the 

20 President makes a determination under paragraph (2) and 

21 submits written notice of such determination to the Con22 gress. 

23 ‘‘(2) Paragraph (1) applies to a determination made 

24 by the President by Executive order that the major rule 

25 should take effect because such rule is— 


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1 ‘‘(A) necessary because of an imminent threat 

2 to health or safety or other emergency; 

3 ‘‘(B) necessary for the enforcement of criminal 

4 laws; 

5 ‘‘(C) necessary for national security; or 

6 ‘‘(D) issued pursuant to any statute imple7 menting an international trade agreement. 

8 ‘‘(3) An exercise by the President of the authority 

9 under this subsection shall have no effect on the proce10 dures under section 802. 

11 ‘‘(d)(1) In addition to the opportunity for review oth12 erwise provided under this chapter, in the case of any rule 

13 for which a report was submitted in accordance with sub14 section (a)(1)(A) during the period beginning on the date 

15 occurring— 

16 ‘‘(A) in the case of the Senate, 60 session days, 

17 or 

18 ‘‘(B) in the case of the House of Representa19 tives, 60 legislative days, 

20 before the date the Congress is scheduled to adjourn a 

21 session of Congress through the date on which the same 

22 or succeeding Congress first convenes its next session, sec23 tions 802 and 803 shall apply to such rule in the suc24 ceeding session of Congress. 


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1 ‘‘(2)(A) In applying sections 802 and 803 for pur2 poses of such additional review, a rule described under 

3 paragraph (1) shall be treated as though— 

4 ‘‘(i) such rule were published in the Federal 

5 Register on— 

6 ‘‘(I) in the case of the Senate, the 15th 

7 session day, or 

8 ‘‘(II) in the case of the House of Rep9 resentatives, the 15th legislative day, 

10 after the succeeding session of Congress first con11 venes; and 

12 ‘‘(ii) a report on such rule were submitted to 

13 Congress under subsection (a)(1) on such date. 

14 ‘‘(B) Nothing in this paragraph shall be construed 

15 to affect the requirement under subsection (a)(1) that a 

16 report shall be submitted to Congress before a rule can 

17 take effect. 

18 ‘‘(3) A rule described under paragraph (1) shall take 

19 effect as otherwise provided by law (including other sub20 sections of this section). 

21 ‘‘§ 802. Congressional approval procedure for major 

22 rules 

23 ‘‘(a)(1) For purposes of this section, the term ‘joint 

24 resolution’ means only a joint resolution addressing a reVerDate Sep 11 2014 23:14 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H427.IH H427

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1 port classifying a rule as major pursuant to section 

2 801(a)(1)(A)(iii) that— 

3 ‘‘(A) bears no preamble; 

4 ‘‘(B) bears the following title (with blanks filled 

5 as appropriate): ‘Approving the rule submitted by 

6 lll relating to lll.’; 

7 ‘‘(C) includes after its resolving clause only the 

8 following (with blanks filled as appropriate): ‘That 

9 Congress approves the rule submitted by lll re10 lating to lll.’; and 

11 ‘‘(D) is introduced pursuant to paragraph (2). 

12 ‘‘(2) After a House of Congress receives a report 

13 classifying a rule as major pursuant to section 

14 801(a)(1)(A)(iii), the majority leader of that House (or 

15 his or her respective designee) shall introduce (by request, 

16 if appropriate) a joint resolution described in paragraph 

17 (1)— 

18 ‘‘(A) in the case of the House of Representa19 tives, within three legislative days; and 

20 ‘‘(B) in the case of the Senate, within three ses21 sion days. 

22 ‘‘(3) A joint resolution described in paragraph (1) 

23 shall not be subject to amendment at any stage of pro24 ceeding. 


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1 ‘‘(b) A joint resolution described in subsection (a) 

2 shall be referred in each House of Congress to the commit3 tees having jurisdiction over the provision of law under 

4 which the rule is issued. 

5 ‘‘(c) In the Senate, if the committee or committees 

6 to which a joint resolution described in subsection (a) has 

7 been referred have not reported it at the end of 15 session 

8 days after its introduction, such committee or committees 

9 shall be automatically discharged from further consider10 ation of the resolution and it shall be placed on the cal11 endar. A vote on final passage of the resolution shall be 

12 taken on or before the close of the 15th session day after 

13 the resolution is reported by the committee or committees 

14 to which it was referred, or after such committee or com15 mittees have been discharged from further consideration 

16 of the resolution. 

17 ‘‘(d)(1) In the Senate, when the committee or com18 mittees to which a joint resolution is referred have re19 ported, or when a committee or committees are discharged 

20 (under subsection (c)) from further consideration of a 

21 joint resolution described in subsection (a), it is at any 

22 time thereafter in order (even though a previous motion 

23 to the same effect has been disagreed to) for a motion 

24 to proceed to the consideration of the joint resolution, and 

25 all points of order against the joint resolution (and against 


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1 consideration of the joint resolution) are waived. The mo2 tion is not subject to amendment, or to a motion to post3 pone, or to a motion to proceed to the consideration of 

4 other business. A motion to reconsider the vote by which 

5 the motion is agreed to or disagreed to shall not be in 

6 order. If a motion to proceed to the consideration of the 

7 joint resolution is agreed to, the joint resolution shall re8 main the unfinished business of the Senate until disposed 

9 of. 

10 ‘‘(2) In the Senate, debate on the joint resolution, 

11 and on all debatable motions and appeals in connection 

12 therewith, shall be limited to not more than 2 hours, which 

13 shall be divided equally between those favoring and those 

14 opposing the joint resolution. A motion to further limit 

15 debate is in order and not debatable. An amendment to, 

16 or a motion to postpone, or a motion to proceed to the 

17 consideration of other business, or a motion to recommit 

18 the joint resolution is not in order. 

19 ‘‘(3) In the Senate, immediately following the conclu20 sion of the debate on a joint resolution described in sub21 section (a), and a single quorum call at the conclusion of 

22 the debate if requested in accordance with the rules of the 

23 Senate, the vote on final passage of the joint resolution 

24 shall occur. 


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1 ‘‘(4) Appeals from the decisions of the Chair relating 

2 to the application of the rules of the Senate to the proce3 dure relating to a joint resolution described in subsection 

4 (a) shall be decided without debate. 

5 ‘‘(e) In the House of Representatives, if any com6 mittee to which a joint resolution described in subsection 

7 (a) has been referred has not reported it to the House 

8 at the end of 15 legislative days after its introduction, 

9 such committee shall be discharged from further consider10 ation of the joint resolution, and it shall be placed on the 

11 appropriate calendar. On the second and fourth Thursdays 

12 of each month it shall be in order at any time for the 

13 Speaker to recognize a Member who favors passage of a 

14 joint resolution that has appeared on the calendar for at 

15 least 5 legislative days to call up that joint resolution for 

16 immediate consideration in the House without intervention 

17 of any point of order. When so called up a joint resolution 

18 shall be considered as read and shall be debatable for 1 

19 hour equally divided and controlled by the proponent and 

20 an opponent, and the previous question shall be considered 

21 as ordered to its passage without intervening motion. It 

22 shall not be in order to reconsider the vote on passage. 

23 If a vote on final passage of the joint resolution has not 

24 been taken by the third Thursday on which the Speaker 


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1 may recognize a Member under this subsection, such vote 

2 shall be taken on that day. 

3 ‘‘(f)(1) If, before passing a joint resolution described 

4 in subsection (a), one House receives from the other a 

5 joint resolution having the same text, then— 

6 ‘‘(A) the joint resolution of the other House 

7 shall not be referred to a committee; and 

8 ‘‘(B) the procedure in the receiving House shall 

9 be the same as if no joint resolution had been re10 ceived from the other House until the vote on pas11 sage, when the joint resolution received from the 

12 other House shall supplant the joint resolution of 

13 the receiving House. 

14 ‘‘(2) This subsection shall not apply to the House of 

15 Representatives if the joint resolution received from the 

16 Senate is a revenue measure. 

17 ‘‘(g) If either House has not taken a vote on final 

18 passage of the joint resolution by the last day of the period 

19 described in section 801(b)(2), then such vote shall be 

20 taken on that day. 

21 ‘‘(h) This section and section 803 are enacted by 

22 Congress— 

23 ‘‘(1) as an exercise of the rulemaking power of 

24 the Senate and House of Representatives, respec25 tively, and as such is deemed to be part of the rules 


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1 of each House, respectively, but applicable only with 

2 respect to the procedure to be followed in that 

3 House in the case of a joint resolution described in 

4 subsection (a) and superseding other rules only 

5 where explicitly so; and 

6 ‘‘(2) with full recognition of the Constitutional 

7 right of either House to change the rules (so far as 

8 they relate to the procedure of that House) at any 

9 time, in the same manner and to the same extent as 

10 in the case of any other rule of that House. 

11 ‘‘§ 803. Congressional disapproval procedure for 

12 nonmajor rules 

13 ‘‘(a) For purposes of this section, the term ‘joint res14 olution’ means only a joint resolution introduced in the 

15 period beginning on the date on which the report referred 

16 to in section 801(a)(1)(A) is received by Congress and 

17 ending 60 days thereafter (excluding days either House 

18 of Congress is adjourned for more than 3 days during a 

19 session of Congress), the matter after the resolving clause 

20 of which is as follows: ‘That Congress disapproves the 

21 nonmajor rule submitted by the lll relating to 

22 lll, and such rule shall have no force or effect.’ (The 

23 blank spaces being appropriately filled in). 


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1 ‘‘(b)(1) A joint resolution described in subsection (a) 

2 shall be referred to the committees in each House of Con3 gress with jurisdiction. 

4 ‘‘(2) For purposes of this section, the term submis5 sion or publication date means the later of the date on 

6 which— 

7 ‘‘(A) the Congress receives the report submitted 

8 under section 801(a)(1); or 

9 ‘‘(B) the nonmajor rule is published in the Fed10 eral Register, if so published. 

11 ‘‘(c) In the Senate, if the committee to which is re12 ferred a joint resolution described in subsection (a) has 

13 not reported such joint resolution (or an identical joint 

14 resolution) at the end of 15 session days after the date 

15 of introduction of the joint resolution, such committee may 

16 be discharged from further consideration of such joint res17 olution upon a petition supported in writing by 30 Mem18 bers of the Senate, and such joint resolution shall be 

19 placed on the calendar. 

20 ‘‘(d)(1) In the Senate, when the committee to which 

21 a joint resolution is referred has reported, or when a com22 mittee is discharged (under subsection (c)) from further 

23 consideration of a joint resolution described in subsection 

24 (a), it is at any time thereafter in order (even though a 

25 previous motion to the same effect has been disagreed to) 


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1 for a motion to proceed to the consideration of the joint 

2 resolution, and all points of order against the joint resolu3 tion (and against consideration of the joint resolution) are 

4 waived. The motion is not subject to amendment, or to 

5 a motion to postpone, or to a motion to proceed to the 

6 consideration of other business. A motion to reconsider the 

7 vote by which the motion is agreed to or disagreed to shall 

8 not be in order. If a motion to proceed to the consideration 

9 of the joint resolution is agreed to, the joint resolution 

10 shall remain the unfinished business of the Senate until 

11 disposed of. 

12 ‘‘(2) In the Senate, debate on the joint resolution, 

13 and on all debatable motions and appeals in connection 

14 therewith, shall be limited to not more than 10 hours, 

15 which shall be divided equally between those favoring and 

16 those opposing the joint resolution. A motion to further 

17 limit debate is in order and not debatable. An amendment 

18 to, or a motion to postpone, or a motion to proceed to 

19 the consideration of other business, or a motion to recom20 mit the joint resolution is not in order. 

21 ‘‘(3) In the Senate, immediately following the conclu22 sion of the debate on a joint resolution described in sub23 section (a), and a single quorum call at the conclusion of 

24 the debate if requested in accordance with the rules of the 


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1 Senate, the vote on final passage of the joint resolution 

2 shall occur. 

3 ‘‘(4) Appeals from the decisions of the Chair relating 

4 to the application of the rules of the Senate to the proce5 dure relating to a joint resolution described in subsection 

6 (a) shall be decided without debate. 

7 ‘‘(e) In the Senate the procedure specified in sub8 section (c) or (d) shall not apply to the consideration of 

9 a joint resolution respecting a nonmajor rule— 

10 ‘‘(1) after the expiration of the 60 session days 

11 beginning with the applicable submission or publica12 tion date, or 

13 ‘‘(2) if the report under section 801(a)(1)(A) 

14 was submitted during the period referred to in sec15 tion 801(d)(1), after the expiration of the 60 session 

16 days beginning on the 15th session day after the 

17 succeeding session of Congress first convenes. 

18 ‘‘(f) If, before the passage by one House of a joint 

19 resolution of that House described in subsection (a), that 

20 House receives from the other House a joint resolution 

21 described in subsection (a), then the following procedures 

22 shall apply: 

23 ‘‘(1) The joint resolution of the other House 

24 shall not be referred to a committee. 


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1 ‘‘(2) With respect to a joint resolution described 

2 in subsection (a) of the House receiving the joint 

3 resolution— 

4 ‘‘(A) the procedure in that House shall be 

5 the same as if no joint resolution had been re6 ceived from the other House; but 

7 ‘‘(B) the vote on final passage shall be on 

8 the joint resolution of the other House. 

9 ‘‘§ 804. Definitions 

10 ‘‘For purposes of this chapter— 

11 ‘‘(1) The term ‘Federal agency’ means any 

12 agency as that term is defined in section 551(1). 

13 ‘‘(2) The term ‘major rule’ means any rule, in14 cluding an interim final rule, that the Administrator 

15 of the Office of Information and Regulatory Affairs 

16 of the Office of Management and Budget finds has 

17 resulted in or is likely to result in— 

18 ‘‘(A) an annual effect on the economy of 

19 $100,000,000 or more; 

20 ‘‘(B) a major increase in costs or prices for 

21 consumers, individual industries, Federal, 

22 State, or local government agencies, or geo23 graphic regions; or 

24 ‘‘(C) significant adverse effects on competi25 tion, employment, investment, productivity, inVerDate Sep 11 2014 23:14 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H427.IH H427

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1 novation, or on the ability of United States2 based enterprises to compete with foreign-based 

3 enterprises in domestic and export markets. 

4 ‘‘(3) The term ‘nonmajor rule’ means any rule 

5 that is not a major rule. 

6 ‘‘(4) The term ‘rule’ has the meaning given 

7 such term in section 551, except that such term does 

8 not include— 

9 ‘‘(A) any rule of particular applicability, 

10 including a rule that approves or prescribes for 

11 the future rates, wages, prices, services, or al12 lowances therefore, corporate or financial struc13 tures, reorganizations, mergers, or acquisitions 

14 thereof, or accounting practices or disclosures 

15 bearing on any of the foregoing; 

16 ‘‘(B) any rule relating to agency manage17 ment or personnel; or 

18 ‘‘(C) any rule of agency organization, pro19 cedure, or practice that does not substantially 

20 affect the rights or obligations of non-agency 

21 parties. 

22 ‘‘§ 805. Judicial review 

23 ‘‘(a) No determination, finding, action, or omission 

24 under this chapter shall be subject to judicial review. 


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1 ‘‘(b) Notwithstanding subsection (a), a court may de2 termine whether a Federal agency has completed the nec3 essary requirements under this chapter for a rule to take 

4 effect. 

5 ‘‘(c) The enactment of a joint resolution of approval 

6 under section 802 shall not be interpreted to serve as a 

7 grant or modification of statutory authority by Congress 

8 for the promulgation of a rule, shall not extinguish or af9 fect any claim, whether substantive or procedural, against 

10 any alleged defect in a rule, and shall not form part of 

11 the record before the court in any judicial proceeding con12 cerning a rule except for purposes of determining whether 

13 or not the rule is in effect. 

14 ‘‘§ 806. Exemption for monetary policy 

15 ‘‘Nothing in this chapter shall apply to rules that con16 cern monetary policy proposed or implemented by the 

17 Board of Governors of the Federal Reserve System or the 

18 Federal Open Market Committee. 

19 ‘‘§ 807. Effective date of certain rules 

20 ‘‘Notwithstanding section 801— 

21 ‘‘(1) any rule that establishes, modifies, opens, 

22 closes, or conducts a regulatory program for a com23 mercial, recreational, or subsistence activity related 

24 to hunting, fishing, or camping; or 


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1 ‘‘(2) any rule other than a major rule which an 

2 agency for good cause finds (and incorporates the 

3 finding and a brief statement of reasons therefore in 

4 the rule issued) that notice and public procedure 

5 thereon are impracticable, unnecessary, or contrary 

6 to the public interest, 

7 shall take effect at such time as the Federal agency pro8 mulgating the rule determines.’’. 

9 SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SEC10 TION 802 OF TITLE 5, UNITED STATES CODE. 

11 Section 257(b)(2) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985 is amended by adding 

13 at the end the following new subparagraph: 

14 ‘‘(E) BUDGETARY EFFECTS OF RULES

15 SUBJECT TO SECTION 802 OF TITLE 5, UNITED

16 STATES CODE.—Any rules subject to the con17 gressional approval procedure set forth in sec18 tion 802 of chapter 8 of title 5, United States 

19 Code, affecting budget authority, outlays, or re20 ceipts shall be assumed to be effective unless it 

21 is not approved in accordance with such sec22 tion.’’. 

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