114TH CONGRESS 

1ST SESSION H. R. 427 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Regulations from the 

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

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to increase accountability 

6 for and transparency in the Federal regulatory process. 

7 Section 1 of article I of the United States Constitution 

8 grants all legislative powers to Congress. Over time, Con9 gress has excessively delegated its constitutional charge 

10 while failing to conduct appropriate oversight and retain 

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

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

13 in more carefully drafted and detailed legislation, an im14 proved regulatory process, and a legislative branch that 

15 is truly accountable to the American people for the laws 

16 imposed upon them. 

17 SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE18 MAKING. 

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

20 to read as follows: 

21 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

22 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. 
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‘‘806. Exemption for monetary policy. 

‘‘807. Effective date of certain rules. 

1 ‘‘§ 801. Congressional review 

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

3 agency promulgating such rule shall publish in the Federal 

4 Register a list of information on which the rule is based, 

5 including data, scientific and economic studies, and cost6 benefit analyses, and identify how the public can access 

7 such information online, and shall submit to each House 

8 of the Congress and to the Comptroller General a report 

9 containing— 

10 ‘‘(i) a copy of the rule; 

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

12 rule; 

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

14 nonmajor rule, including an explanation of the clas15 sification specifically addressing each criteria for a 

16 major rule contained within clauses (i) through (iii) 

17 of section 804(2)(A) or within section 804(2)(B); 

18 ‘‘(iv) a list of any other related regulatory ac19 tions intended to implement the same statutory pro20 vision or regulatory objective as well as the indi21 vidual and aggregate economic effects of those ac22 tions; and 

23 ‘‘(v) the proposed effective date of the rule. 
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1 ‘‘(B) On the date of the submission of the report 

2 under subparagraph (A), the Federal agency promulgating 

3 the rule shall submit to the Comptroller General and make 

4 available to each House of Congress— 

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

6 of the rule, if any, including an analysis of any jobs 

7 added or lost, differentiating between public and pri8 vate sector jobs; 

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

10 603, 604, 605, 607, and 609 of this title; 

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

12 202, 203, 204, and 205 of the Unfunded Mandates 

13 Reform Act of 1995; and 

14 ‘‘(iv) any other relevant information or require15 ments under any other Act and any relevant Execu16 tive orders. 

17 ‘‘(C) Upon receipt of a report submitted under sub18 paragraph (A), each House shall provide copies of the re19 port to the chairman and ranking member of each stand20 ing committee with jurisdiction under the rules of the 

21 House of Representatives or the Senate to report a bill 

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

23 issued. 

24 ‘‘(2)(A) The Comptroller General shall provide a re25 port on each major rule to the committees of jurisdiction 
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1 by the end of 15 calendar days after the submission or 

2 publication date. The report of the Comptroller General 

3 shall include an assessment of the agency’s compliance 

4 with procedural steps required by paragraph (1)(B) and 

5 an assessment of whether the major rule imposes any new 

6 limits or mandates on private-sector activity. 

7 ‘‘(B) Federal agencies shall cooperate with the Comp8 troller General by providing information relevant to the 

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

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

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

12 a joint resolution of approval described in section 802 or 

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

14 resolution of approval described in section 802, whichever 

15 is later. 

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

17 by section 803 after submission to Congress under para18 graph (1). 

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

20 major rule is not enacted within the period provided in 

21 subsection (b)(2), then a joint resolution of approval relat22 ing to the same rule may not be considered under this 

23 chapter in the same Congress by either the House of Rep24 resentatives or the Senate. 
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1 ‘‘(b)(1) A major rule shall not take effect unless the 

2 Congress enacts a joint resolution of approval described 

3 under section 802. 

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

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

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

7 which the report referred to in section 801(a)(1)(A) is re8 ceived by Congress (excluding days either House of Con9 gress is adjourned for more than 3 days during a session 

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

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

12 not take effect. 

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

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

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

16 President makes a determination under paragraph (2) and 

17 submits written notice of such determination to the Con18 gress. 

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

20 by the President by Executive order that the major rule 

21 should take effect because such rule is— 

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

23 to health or safety or other emergency; 

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

25 laws; 
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1 ‘‘(C) necessary for national security; or 

2 ‘‘(D) issued pursuant to any statute imple3 menting an international trade agreement. 

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

5 under this subsection shall have no effect on the proce6 dures under section 802. 

7 ‘‘(d)(1) In addition to the opportunity for review oth8 erwise provided under this chapter, in the case of any rule 

9 for which a report was submitted in accordance with sub10 section (a)(1)(A) during the period beginning on the date 

11 occurring— 

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

13 or 

14 ‘‘(B) in the case of the House of Representa15 tives, 60 legislative days, 

16 before the date the Congress is scheduled to adjourn a 

17 session of Congress through the date on which the same 

18 or succeeding Congress first convenes its next session, sec19 tions 802 and 803 shall apply to such rule in the suc20 ceeding session of Congress. 

21 ‘‘(2)(A) In applying sections 802 and 803 for pur22 poses of such additional review, a rule described under 

23 paragraph (1) shall be treated as though— 

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

25 Register on— 
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1 ‘‘(I) in the case of the Senate, the 15th 

2 session day; or 

3 ‘‘(II) in the case of the House of Rep4 resentatives, the 15th legislative day, 

5 after the succeeding session of Congress first con6 venes; and 

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

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

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

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

11 report shall be submitted to Congress before a rule can 

12 take effect. 

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

14 effect as otherwise provided by law (including other sub15 sections of this section). 

16 ‘‘§ 802. Congressional approval procedure for major 

17 rules 

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

19 resolution’ means only a joint resolution addressing a re20 port classifying a rule as major pursuant to section 

21 801(a)(1)(A)(iii) that— 

22 ‘‘(A) bears no preamble; 

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

24 as appropriate): ‘Approving the rule submitted by 

25 lll relating to lll.’; 
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1 ‘‘(C) includes after its resolving clause only the 

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

3 Congress approves the rule submitted by lll re4 lating to lll.’; and 

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

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

7 classifying a rule as major pursuant to section 

8 801(a)(1)(A)(iii), the majority leader of that House (or 

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

10 if appropriate) a joint resolution described in paragraph 

11 (1)— 

12 ‘‘(A) in the case of the House of Representa13 tives, within 3 legislative days; and 

14 ‘‘(B) in the case of the Senate, within 3 session 

15 days. 

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

17 shall not be subject to amendment at any stage of pro18 ceeding. 

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

20 shall be referred in each House of Congress to the commit21 tees having jurisdiction over the provision of law under 

22 which the rule is issued. 

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

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

25 been referred have not reported it at the end of 15 session 
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1 days after its introduction, such committee or committees 

2 shall be automatically discharged from further consider3 ation of the resolution and it shall be placed on the cal4 endar. A vote on final passage of the resolution shall be 

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

6 the resolution is reported by the committee or committees 

7 to which it was referred, or after such committee or com8 mittees have been discharged from further consideration 

9 of the resolution. 

10 ‘‘(d)(1) In the Senate, when the committee or com11 mittees to which a joint resolution is referred have re12 ported, or when a committee or committees are discharged 

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

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

15 time thereafter in order (even though a previous motion 

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

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

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

19 consideration of the joint resolution) are waived. The mo20 tion is not subject to amendment, or to a motion to post21 pone, or to a motion to proceed to the consideration of 

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

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

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

25 joint resolution is agreed to, the joint resolution shall re-
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1 main the unfinished business of the Senate until disposed 

2 of. 

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

4 and on all debatable motions and appeals in connection 

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

6 shall be divided equally between those favoring and those 

7 opposing the joint resolution. A motion to further limit 

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

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

10 consideration of other business, or a motion to recommit 

11 the joint resolution is not in order. 

12 ‘‘(3) In the Senate, immediately following the conclu13 sion of the debate on a joint resolution described in sub14 section (a), and a single quorum call at the conclusion of 

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

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

17 shall occur. 

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

19 to the application of the rules of the Senate to the proce20 dure relating to a joint resolution described in subsection 

21 (a) shall be decided without debate. 

22 ‘‘(e) In the House of Representatives, if any com23 mittee to which a joint resolution described in subsection 

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

25 at the end of 15 legislative days after its introduction, 
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1 such committee shall be discharged from further consider2 ation of the joint resolution, and it shall be placed on the 

3 appropriate calendar. On the second and fourth Thursdays 

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

5 Speaker to recognize a Member who favors passage of a 

6 joint resolution that has appeared on the calendar for at 

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

8 immediate consideration in the House without intervention 

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

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

11 hour equally divided and controlled by the proponent and 

12 an opponent, and the previous question shall be considered 

13 as ordered to its passage without intervening motion. It 

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

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

16 been taken by the third Thursday on which the Speaker 

17 may recognize a Member under this subsection, such vote 

18 shall be taken on that day. 

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

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

21 joint resolution having the same text, then— 

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

23 shall not be referred to a committee; and 

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

25 be the same as if no joint resolution had been re-
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1 ceived from the other House until the vote on pas2 sage, when the joint resolution received from the 

3 other House shall supplant the joint resolution of 

4 the receiving House. 

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

6 Representatives if the joint resolution received from the 

7 Senate is a revenue measure. 

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

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

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

11 taken on that day. 

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

13 Congress— 

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

15 the Senate and House of Representatives, respec16 tively, and as such is deemed to be part of the rules 

17 of each House, respectively, but applicable only with 

18 respect to the procedure to be followed in that 

19 House in the case of a joint resolution described in 

20 subsection (a) and superseding other rules only 

21 where explicitly so; and 

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

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

24 they relate to the procedure of that House) at any 
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1 time, in the same manner and to the same extent as 

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

3 ‘‘§ 803. Congressional disapproval procedure for 

4 nonmajor rules 

5 ‘‘(a) For purposes of this section, the term ‘joint res6 olution’ means only a joint resolution introduced in the 

7 period beginning on the date on which the report referred 

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

9 ending 60 days thereafter (excluding days either House 

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

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

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

13 nonmajor rule submitted by the lll relating to 

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

15 blank spaces being appropriately filled in). 

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

17 shall be referred to the committees in each House of Con18 gress with jurisdiction. 

19 ‘‘(c) In the Senate, if the committee to which is re20 ferred a joint resolution described in subsection (a) has 

21 not reported such joint resolution (or an identical joint 

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

23 of introduction of the joint resolution, such committee may 

24 be discharged from further consideration of such joint res25 olution upon a petition supported in writing by 30 Mem-
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1 bers of the Senate, and such joint resolution shall be 

2 placed on the calendar. 

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

4 a joint resolution is referred has reported, or when a com5 mittee is discharged (under subsection (c)) from further 

6 consideration of a joint resolution described in subsection 

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

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

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

10 resolution, and all points of order against the joint resolu11 tion (and against consideration of the joint resolution) are 

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

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

14 consideration of other business. A motion to reconsider the 

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

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

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

18 shall remain the unfinished business of the Senate until 

19 disposed of. 

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

21 and on all debatable motions and appeals in connection 

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

23 which shall be divided equally between those favoring and 

24 those opposing the joint resolution. A motion to further 

25 limit debate is in order and not debatable. An amendment 
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1 to, or a motion to postpone, or a motion to proceed to 

2 the consideration of other business, or a motion to recom3 mit the joint resolution is not in order. 

4 ‘‘(3) In the Senate, immediately following the conclu5 sion of the debate on a joint resolution described in sub6 section (a), and a single quorum call at the conclusion of 

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

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

9 shall occur. 

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

11 to the application of the rules of the Senate to the proce12 dure relating to a joint resolution described in subsection 

13 (a) shall be decided without debate. 

14 ‘‘(e) In the Senate, the procedure specified in sub15 section (c) or (d) shall not apply to the consideration of 

16 a joint resolution respecting a nonmajor rule— 

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

18 beginning with the applicable submission or publica19 tion date; or 

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

21 was submitted during the period referred to in sec22 tion 801(d)(1), after the expiration of the 60 session 

23 days beginning on the 15th session day after the 

24 succeeding session of Congress first convenes. 
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1 ‘‘(f) If, before the passage by one House of a joint 

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

3 House receives from the other House a joint resolution 

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

5 shall apply: 

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

7 shall not be referred to a committee. 

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

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

10 resolution— 

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

12 the same as if no joint resolution had been re13 ceived from the other House; but 

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

15 the joint resolution of the other House. 

16 ‘‘§ 804. Definitions 

17 ‘‘For purposes of this chapter: 

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

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

20 ‘‘(2) The term ‘major rule’ means any rule, in21 cluding an interim final rule, that— 

22 ‘‘(A) the Administrator of the Office of In23 formation and Regulatory Affairs of the Office 

24 of Management and Budget finds has resulted 

25 in or is likely to result in— 
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1 ‘‘(i) an annual effect on the economy 

2 of $100 million or more; 

3 ‘‘(ii) a major increase in costs or 

4 prices for consumers, individual industries, 

5 Federal, State, or local government agen6 cies, or geographic regions; or 

7 ‘‘(iii) significant adverse effects on 

8 competition, employment, investment, pro9 ductivity, innovation, or on the ability of 

10 United States-based enterprises to compete 

11 with foreign-based enterprises in domestic 

12 and export markets; or 

13 ‘‘(B) is made under the Patient Protection 

14 and Affordable Care Act (Public Law 111– 

15 148). 

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

17 that is not a major rule. 

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

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

20 not include— 

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

22 including a rule that approves or prescribes for 

23 the future rates, wages, prices, services, or al24 lowances therefore, corporate or financial struc25 tures, reorganizations, mergers, or acquisitions 
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1 thereof, or accounting practices or disclosures 

2 bearing on any of the foregoing; 

3 ‘‘(B) any rule relating to agency manage4 ment or personnel; or 

5 ‘‘(C) any rule of agency organization, pro6 cedure, or practice that does not substantially 

7 affect the rights or obligations of non-agency 

8 parties. 

9 ‘‘(5) The term ‘submission date or publication 

10 date’, except as otherwise provided in this chapter, 

11 means— 

12 ‘‘(A) in the case of a major rule, the date 

13 on which the Congress receives the report sub14 mitted under section 801(a)(1); and 

15 ‘‘(B) in the case of a nonmajor rule, the 

16 later of— 

17 ‘‘(i) the date on which the Congress 

18 receives the report submitted under section 

19 801(a)(1); and 

20 ‘‘(ii) the date on which the nonmajor 

21 rule is published in the Federal Register, if 

22 so published. 

23 ‘‘§ 805. Judicial review 

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

25 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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1 SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 

2 RULES. 

3 (a) IN GENERAL.—The Comptroller General of the 

4 United States shall conduct a study to determine, as of 

5 the date of the enactment of this Act— 

6 (1) how many rules (as such term is defined in 

7 section 804 of title 5, United States Code) were in 

8 effect; 

9 (2) how many major rules (as such term is de10 fined in section 804 of title 5, United States Code) 

11 were in effect; and 

12 (3) the total estimated economic cost imposed 

13 by all such rules. 

14 (b) REPORT.—Not later than 1 year after the date 

15 of the enactment of this Act, the Comptroller General of 

16 the United States shall submit a report to Congress that 

17 contains the findings of the study conducted under sub18 section (a). 

Passed the House of Representatives July 28, 2015. 

Attest: 

Clerk. 

114TH CONGRESS 

1ST SESSION H. R. 427 

AN ACT 

To amend chapter 8 of title 5, United States Code, 

resolution of approval is enacted into law. branch shall have no force or effect unless a joint to provide that major rules of the executive