I 

117TH CONGRESS 

1ST SESSION H. R. 1776 

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 

MARCH 10, 2021 

Mrs. CAMMACK (for herself, Mr. JORDAN, Mr. ARMSTRONG, Mr. ARRINGTON, 

Mr. BABIN, Mr. BACON, Mr. BAIRD, Mr. BALDERSON, Mr. BANKS, Mr. 

BARR, Mr. BENTZ, Mr. BERGMAN, Mrs. BICE of Oklahoma, Mr. BIGGS, 

Mr. BILIRAKIS, Mr. BISHOP of North Carolina, Mrs. BOEBERT, Mr. 

BOST, Mr. BRADY, Mr. BUCHANAN, Mr. BUCK, Mr. BUCSHON, Mr. 

BUDD, Mr. BURCHETT, Mr. BURGESS, Mr. CARL, Mr. CARTER of Georgia, Mr. CAWTHORN, Mr. CHABOT, Mr. CLINE, Mr. CLOUD, Mr. CLYDE, 

Mr. CRENSHAW, Mr. DAVIDSON, Mr. RODNEY DAVIS of Illinois, Mr. 

DONALDS, Mr. DUNCAN, Mr. DUNN, Mr. EMMER, Mr. FALLON, Mr. 

FEENSTRA, Mrs. FISCHBACH, Mr. FULCHER, Mr. GAETZ, Mr. 

GARBARINO, Mr. GIBBS, Mr. GIMENEZ, Mr. GOODEN of Texas, Ms. 

GRANGER, Mr. GRAVES of Louisiana, Mrs. GREENE of Georgia, Mr. 

HAGEDORN, Mrs. HARSHBARGER, Mr. HERN, Ms. HERRELL, Mrs. 

HINSON, Mr. HUDSON, Mr. ISSA, Mr. JACKSON, Mr. JOHNSON of Louisiana, Mr. JOHNSON of South Dakota, Mr. JOYCE of Pennsylvania, Mr. 

KELLY of Mississippi, Mr. LAMALFA, Mr. LAMBORN, Mr. LATURNER, 

Mrs. LESKO, Ms. MACE, Mr. MANN, Mr. MASSIE, Mr. MAST, Mrs. 

MCCLAIN, Mr. MCCLINTOCK, Mr. MCKINLEY, Mrs. RODGERS of Washington, Mrs. MILLER of Illinois, Mrs. MILLER-MEEKS, Mr. MOONEY, Mr. 

MOORE of Alabama, Mr. MURPHY of North Carolina, Mr. NEHLS, Mr. 

NEWHOUSE, Mr. NORMAN, Mr. OWENS, Mr. PALMER, Mr. PERRY, Mr. 

PFLUGER, Mr. POSEY, Mr. RESCHENTHALER, Mr. ROGERS of Alabama, 

Mr. ROSENDALE, Mr. ROUZER, Mr. ROY, Mr. RUTHERFORD, Mr. AUSTIN

SCOTT of Georgia, Mr. SMITH of Nebraska, Mr. SMUCKER, Mrs. SPARTZ, 

Mrs. STEEL, Mr. STEUBE, Mr. TAYLOR, Ms. TENNEY, Mr. THOMPSON

of Pennsylvania, Mr. TIFFANY, Mr. VAN DREW, Ms. VAN DUYNE, Mr. 

WALBERG, Mrs. WALORSKI, Mr. WEBER of Texas, Mr. WILSON of South 

Carolina, Mr. WITTMAN, Mr. YOUNG, Mr. WILLIAMS of Texas, Mr. SCALISE, Mr. STEWART, and Mr. HICE of Georgia) 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 subVerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1776.IH H1776

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sequently 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 2021’’. 

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 im16 proved regulatory process, and a legislative branch that 

17 is truly accountable to the American people for the laws 

18 imposed upon them. 


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1 SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE2 MAKING. 

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

4 to read as follows: 

5 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

6 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. 

7 ‘‘§ 801. Congressional review 

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

9 agency promulgating such rule shall publish in the Federal 

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

11 including data, scientific and economic studies, and cost12 benefit analyses, and identify how the public can access 

13 such information online, and shall submit to each House 

14 of the Congress and to the Comptroller General a report 

15 containing— 

16 ‘‘(i) a copy of the rule; 

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

18 rule; 

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

20 nonmajor rule, including an explanation of the clas21 sification specifically addressing each criteria for a 


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1 major rule contained within subparagraphs (A) 

2 through (C) of section 804(2); 

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, including an analysis of any jobs 

15 added or lost, differentiating between public and pri16 vate sector jobs; 

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

18 603, 604, 605, 607, and 609 of this title; 

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

20 202, 203, 204, and 205 of the Unfunded Mandates 

21 Reform Act of 1995; and 

22 ‘‘(iv) any other relevant information or require23 ments under any other Act and any relevant Execu24 tive orders. 


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1 ‘‘(C) Upon receipt of a report submitted under sub2 paragraph (A), each House shall provide copies of the re3 port to the chairman and ranking member of each stand4 ing committee with jurisdiction under the rules of the 

5 House of Representatives or the Senate to report a bill 

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

7 issued. 

8 ‘‘(2)(A) The Comptroller General shall provide a re9 port on each major rule to the committees of jurisdiction 

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

11 publication date. The report of the Comptroller General 

12 shall include an assessment of the agency’s compliance 

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

14 an assessment of whether the major rule imposes any new 

15 limits or mandates on private-sector activity. 

16 ‘‘(B) Federal agencies shall cooperate with the Comp17 troller General by providing information relevant to the 

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

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

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

21 a joint resolution of approval described in section 802 or 

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

23 resolution of approval described in section 802, whichever 

24 is later. 


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

2 by section 803 after submission to Congress under para3 graph (1). 

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

5 major rule is not enacted within the period provided in 

6 subsection (b)(2), then a joint resolution of approval relat7 ing to the same rule may not be considered under this 

8 chapter in the same Congress by either the House of Rep9 resentatives or the Senate. 

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

11 Congress enacts a joint resolution of approval described 

12 under section 802. 

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

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

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

16 which the report referred to in subsection (a)(1)(A) is re17 ceived by Congress (excluding days either House of Con18 gress is adjourned for more than 3 days during a session 

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

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

21 not take effect. 

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

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

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

25 President makes a determination under paragraph (2) and 


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1 submits written notice of such determination to the Con2 gress. 

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

4 by the President by Executive order that the major rule 

5 should take effect because such rule is— 

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

7 to health or safety or other emergency; 

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

9 laws; 

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

11 ‘‘(D) issued pursuant to any statute imple12 menting an international trade agreement. 

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

14 under this subsection shall have no effect on the proce15 dures under section 802. 

16 ‘‘(d)(1) In addition to the opportunity for review oth17 erwise provided under this chapter, in the case of any rule 

18 for which a report was submitted in accordance with sub19 section (a)(1)(A) during the period beginning on the date 

20 occurring— 

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

22 or 

23 ‘‘(B) in the case of the House of Representa24 tives, 60 legislative days, 


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1 before the date the Congress is scheduled to adjourn a 

2 session of Congress through the date on which the same 

3 or succeeding Congress first convenes its next session, sec4 tions 802 and 803 shall apply to such rule in the suc5 ceeding session of Congress. 

6 ‘‘(2)(A) In applying sections 802 and 803 for pur7 poses of such additional review, a rule described under 

8 paragraph (1) shall be treated as though— 

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

10 Register on— 

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

12 session day; or 

13 ‘‘(II) in the case of the House of Rep14 resentatives, the 15th legislative day, 

15 after the succeeding session of Congress first con16 venes; and 

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

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

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

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

21 report shall be submitted to Congress before a rule can 

22 take effect. 

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

24 effect as otherwise provided by law (including other sub25 sections of this section). 


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1 ‘‘§ 802. Congressional approval procedure for major 

2 rules 

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

4 resolution’ means only a joint resolution addressing a re5 port classifying a rule as major pursuant to section 

6 801(a)(1)(A)(iii) that— 

7 ‘‘(A) bears no preamble; 

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

9 as appropriate): ‘Approving the rule submitted by 

10 lll relating to lll.’; 

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

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

13 Congress approves the rule submitted by lll re14 lating to lll.’; and 

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

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

17 classifying a rule as major pursuant to section 

18 801(a)(1)(A)(iii), the majority leader of that House (or 

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

20 if appropriate) a joint resolution described in paragraph 

21 (1)— 

22 ‘‘(A) in the case of the House of Representa23 tives, within 3 legislative days; and 

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

25 days. 


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

2 shall not be subject to amendment at any stage of pro3 ceeding. 

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

5 shall be referred in each House of Congress to the commit6 tees having jurisdiction over the provision of law under 

7 which the rule is issued. 

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

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

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

11 days after its introduction, such committee or committees 

12 shall be automatically discharged from further consider13 ation of the resolution and it shall be placed on the cal14 endar. A vote on final passage of the resolution shall be 

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

16 the resolution is reported by the committee or committees 

17 to which it was referred, or after such committee or com18 mittees have been discharged from further consideration 

19 of the resolution. 

20 ‘‘(d)(1) In the Senate, when the committee or com21 mittees to which a joint resolution is referred have re22 ported, or when a committee or committees are discharged 

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

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

25 time thereafter in order (even though a previous motion 


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

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

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

4 consideration of the joint resolution) are waived. The mo5 tion is not subject to amendment, or to a motion to post6 pone, or to a motion to proceed to the consideration of 

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

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

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

10 joint resolution is agreed to, the joint resolution shall re11 main the unfinished business of the Senate until disposed 

12 of. 

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

14 and on all debatable motions and appeals in connection 

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

16 shall be divided equally between those favoring and those 

17 opposing the joint resolution. A motion to further limit 

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

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

20 consideration of other business, or a motion to recommit 

21 the joint resolution is not in order. 

22 ‘‘(3) In the Senate, immediately following the conclu23 sion of the debate on a joint resolution described in sub24 section (a), and a single quorum call at the conclusion of 

25 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 House of Representatives, if any com8 mittee to which a joint resolution described in subsection 

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

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

11 such committee shall be discharged from further consider12 ation of the joint resolution, and it shall be placed on the 

13 appropriate calendar. On the second and fourth Thursdays 

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

15 Speaker to recognize a Member who favors passage of a 

16 joint resolution that has appeared on the calendar for at 

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

18 immediate consideration in the House without intervention 

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

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

21 hour equally divided and controlled by the proponent and 

22 an opponent, and the previous question shall be considered 

23 as ordered to its passage without intervening motion. It 

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

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


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1 been taken by the third Thursday on which the Speaker 

2 may recognize a Member under this subsection, such vote 

3 shall be taken on that day. 

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

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

6 joint resolution having the same text, then— 

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

8 shall not be referred to a committee; and 

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

10 be the same as if no joint resolution had been re11 ceived from the other House until the vote on pas12 sage, when the joint resolution received from the 

13 other House shall supplant the joint resolution of 

14 the receiving House. 

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

16 Representatives if the joint resolution received from the 

17 Senate is a revenue measure. 

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

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

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

21 taken on that day. 

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

23 Congress— 

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

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1 tively, and as such are deemed to be part of the 

2 rules of each House, respectively, but applicable only 

3 with respect to the procedure to be followed in that 

4 House in the case of a joint resolution described in 

5 subsection (a) and superseding other rules only 

6 where explicitly so; and 

7 ‘‘(2) with full recognition of the constitutional 

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

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

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

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

12 ‘‘§ 803. Congressional disapproval procedure for 

13 nonmajor rules 

14 ‘‘(a) For purposes of this section, the term ‘joint res15 olution’ means only a joint resolution introduced in the 

16 period beginning on the date on which the report referred 

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

18 ending 60 days thereafter (excluding days either House 

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

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

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

22 nonmajor rule submitted by the lll relating to 

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

24 blank spaces being appropriately filled in). 


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

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

4 ‘‘(c) In the Senate, if the committee to which is re5 ferred a joint resolution described in subsection (a) has 

6 not reported such joint resolution (or an identical joint 

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

8 of introduction of the joint resolution, such committee may 

9 be discharged from further consideration of such joint res10 olution upon a petition supported in writing by 30 Mem11 bers of the Senate, and such joint resolution shall be 

12 placed on the calendar. 

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

14 a joint resolution is referred has reported, or when a com15 mittee is discharged (under subsection (c)) from further 

16 consideration of a joint resolution described in subsection 

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

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

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

20 resolution, and all points of order against the joint resolu21 tion (and against consideration of the joint resolution) are 

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

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

24 consideration of other business. A motion to reconsider the 

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


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

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

3 shall remain the unfinished business of the Senate until 

4 disposed of. 

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

6 and on all debatable motions and appeals in connection 

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

8 which shall be divided equally between those favoring and 

9 those opposing the joint resolution. A motion to further 

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

11 to, or a motion to postpone, or a motion to proceed to 

12 the consideration of other business, or a motion to recom13 mit the joint resolution is not in order. 

14 ‘‘(3) In the Senate, immediately following the conclu15 sion of the debate on a joint resolution described in sub16 section (a), and a single quorum call at the conclusion of 

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

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

19 shall occur. 

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

21 to the application of the rules of the Senate to the proce22 dure relating to a joint resolution described in subsection 

23 (a) shall be decided without debate. 


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1 ‘‘(e) In the Senate, the procedure specified in sub2 section (c) or (d) shall not apply to the consideration of 

3 a joint resolution respecting a nonmajor rule— 

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

5 beginning with the applicable submission or publica6 tion date; or 

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

8 was submitted during the period referred to in sec9 tion 801(d)(1), after the expiration of the 60 session 

10 days beginning on the 15th session day after the 

11 succeeding session of Congress first convenes. 

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

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

14 House receives from the other House a joint resolution 

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

16 shall apply: 

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

18 shall not be referred to a committee. 

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

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

21 resolution— 

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

23 the same as if no joint resolution had been re24 ceived from the other House; but 


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

2 the joint resolution of the other House. 

3 ‘‘§ 804. Definitions 

4 ‘‘For purposes of this chapter: 

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

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

7 ‘‘(2) The term ‘major rule’ means any rule, in8 cluding an interim final rule, that the Administrator 

9 of the Office of Information and Regulatory Affairs 

10 of the Office of Management and Budget finds has 

11 resulted in or is likely to result in— 

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

13 $100 million or more; 

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

15 consumers, individual industries, Federal, 

16 State, or local government agencies, or geo17 graphic regions; or 

18 ‘‘(C) significant adverse effects on competi19 tion, employment, investment, productivity, in20 novation, or the ability of United States-based 

21 enterprises to compete with foreign-based enter22 prises in domestic and export markets. 

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

24 that is not a major rule. 


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

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

3 not include— 

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

5 including a rule that approves or prescribes for 

6 the future rates, wages, prices, services, or al7 lowances therefore, corporate or financial struc8 tures, reorganizations, mergers, or acquisitions 

9 thereof, or accounting practices or disclosures 

10 bearing on any of the foregoing; 

11 ‘‘(B) any rule relating to agency manage12 ment or personnel; or 

13 ‘‘(C) any rule of agency organization, pro14 cedure, or practice that does not substantially 

15 affect the rights or obligations of non-agency 

16 parties. 

17 ‘‘(5) The term ‘submission or publication date’, 

18 except as otherwise provided in this chapter, 

19 means— 

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

21 on which the Congress receives the report sub22 mitted under section 801(a)(1); and 

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

24 later of— 


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

2 receives the report submitted under section 

3 801(a)(1); and 

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

5 rule is published in the Federal Register, if 

6 so published. 

7 ‘‘§ 805. Judicial review 

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

9 under this chapter shall be subject to judicial review. 

10 ‘‘(b) Notwithstanding subsection (a), a court may de11 termine whether a Federal agency has completed the nec12 essary requirements under this chapter for a rule to take 

13 effect. 

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

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

16 grant or modification of statutory authority by Congress 

17 for the promulgation of a rule, shall not extinguish or af18 fect any claim, whether substantive or procedural, against 

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

20 the record before the court in any judicial proceeding con21 cerning a rule except for purposes of determining whether 

22 or not the rule is in effect. 

23 ‘‘§ 806. Exemption for monetary policy 

24 ‘‘Nothing in this chapter shall apply to rules that con25 cern monetary policy proposed or implemented by the 


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1 Board of Governors of the Federal Reserve System or the 

2 Federal Open Market Committee. 

3 ‘‘§ 807. Effective date of certain rules 

4 ‘‘Notwithstanding section 801— 

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

6 closes, or conducts a regulatory program for a com7 mercial, recreational, or subsistence activity related 

8 to hunting, fishing, or camping; or 

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

10 agency for good cause finds (and incorporates the 

11 finding and a brief statement of reasons therefore in 

12 the rule issued) that notice and public procedure 

13 thereon are impracticable, unnecessary, or contrary 

14 to the public interest, 

15 shall take effect at such time as the Federal agency pro16 mulgating the rule determines.’’. 

17 SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SEC18 TION 802 OF TITLE 5, UNITED STATES CODE. 

19 Section 257(b)(2) of the Balanced Budget and Emer20 gency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) 

21 is amended by adding at the end the following new sub22 paragraph: 

23 ‘‘(E) BUDGETARY EFFECTS OF RULES

24 SUBJECT TO SECTION 802 OF TITLE 5, UNITED

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•HR 1776 IH

1 gressional approval procedure set forth in sec2 tion 802 of chapter 8 of title 5, United States 

3 Code, affecting budget authority, outlays, or re4 ceipts shall be assumed to be effective unless it 

5 is not approved in accordance with such sec6 tion.’’. 

7 SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 

8 RULES. 

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

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

11 the date of the enactment of this Act— 

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

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

14 effect; 

15 (2) how many major rules (as such term is de16 fined in section 804 of title 5, United States Code) 

17 were in effect; and 

18 (3) the total estimated economic cost imposed 

19 by all such rules. 

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

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

22 the United States shall submit a report to Congress that 

23 contains the findings of the study conducted under sub24 section (a). 

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pamtmann on DSKBC07HB2PROD with BILLS