II 

115TH CONGRESS 

1ST SESSION S. 21 

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 SENATE OF THE UNITED STATES 

JANUARY 4, 2017 

Mr. PAUL (for himself, Mr. BLUNT, Mr. YOUNG, Mr. ROUNDS, Mr. GRASSLEY, Mr. GARDNER, Mrs. ERNST, Mr. COTTON, Mrs. CAPITO, Mr. 

DAINES, Mr. MCCAIN, Mr. SCOTT, Mr. CRUZ, Mr. BARRASSO, Mr. 

CRAPO, Mr. THUNE, Mr. INHOFE, Mrs. FISCHER, Mr. JOHNSON, Mr. 

BOOZMAN, Mr. HELLER, Mr. SULLIVAN, Mr. ENZI, Mr. LEE, Mr. ROBERTS, Mr. SASSE, Mr. MORAN, and Mr. CASSIDY) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

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 2017’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 21 IS

1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to increase accountability 

3 for and transparency in the Federal regulatory process. 

4 Section 1 of article I of the United States Constitution 

5 grants all legislative powers to Congress. Over time, Con6 gress has excessively delegated its constitutional charge 

7 while failing to conduct appropriate oversight and retain 

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

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

10 in more carefully drafted and detailed legislation, an im11 proved regulatory process, and a legislative branch that 

12 is truly accountable to the American people for the laws 

13 imposed upon them. 

14 SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE15 MAKING. 

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

17 to read as follows: 

18 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

19 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. 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 21 IS

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 subparagraphs (A) 

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

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. 

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

25 under subparagraph (A), the Federal agency promulgating 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 21 IS

1 the rule shall submit to the Comptroller General and make 

2 available to each House of Congress— 

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

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

5 added or lost, differentiating between public and pri6 vate sector jobs; 

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

8 603, 604, 605, 607, and 609 of this title; 

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

10 202, 203, 204, and 205 of the Unfunded Mandates 

11 Reform Act of 1995; and 

12 ‘‘(iv) any other relevant information or require13 ments under any other Act and any relevant Execu14 tive orders. 

15 ‘‘(C) Upon receipt of a report submitted under sub16 paragraph (A), each House shall provide copies of the re17 port to the chairman and ranking member of each stand18 ing committee with jurisdiction under the rules of the 

19 House of Representatives or the Senate to report a bill 

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

21 issued. 

22 ‘‘(2)(A) The Comptroller General shall provide a re23 port on each major rule to the committees of jurisdiction 

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

25 publication date. The report of the Comptroller General 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 21 IS

1 shall include an assessment of the agency’s compliance 

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

3 an assessment of whether the major rule imposes any new 

4 limits or mandates on private-sector activity. 

5 ‘‘(B) Federal agencies shall cooperate with the Comp6 troller General by providing information relevant to the 

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

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

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

10 a joint resolution of approval described in section 802 or 

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

12 resolution of approval described in section 802, whichever 

13 is later. 

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

15 by section 803 after submission to Congress under para16 graph (1). 

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

18 major rule is not enacted within the period provided in 

19 subsection (b)(2), then a joint resolution of approval relat20 ing to the same rule may not be considered under this 

21 chapter in the same Congress by either the House of Rep22 resentatives or the Senate. 

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

24 Congress enacts a joint resolution of approval described 

25 under section 802. 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•S 21 IS

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

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

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

4 which the report referred to in section 801(a)(1)(A) is re5 ceived by Congress (excluding days either House of Con6 gress is adjourned for more than 3 days during a session 

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

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

9 not take effect. 

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

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

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

13 President makes a determination under paragraph (2) and 

14 submits written notice of such determination to the Con15 gress. 

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

17 by the President by Executive order that the major rule 

18 should take effect because such rule is— 

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

20 to health or safety or other emergency; 

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

22 laws; 

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

24 ‘‘(D) issued pursuant to any statute imple25 menting an international trade agreement. 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•S 21 IS

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

2 under this subsection shall have no effect on the proce3 dures under section 802. 

4 ‘‘(d)(1) In addition to the opportunity for review oth5 erwise provided under this chapter, in the case of any rule 

6 for which a report was submitted in accordance with sub7 section (a)(1)(A) during the period beginning on the date 

8 occurring— 

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

10 or 

11 ‘‘(B) in the case of the House of Representa12 tives, 60 legislative days, 

13 before the date the Congress is scheduled to adjourn a 

14 session of Congress through the date on which the same 

15 or succeeding Congress first convenes its next session, sec16 tions 802 and 803 shall apply to such rule in the suc17 ceeding session of Congress. 

18 ‘‘(2)(A) In applying sections 802 and 803 for pur19 poses of such additional review, a rule described under 

20 paragraph (1) shall be treated as though— 

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

22 Register on— 

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

24 session day; or 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•S 21 IS

1 ‘‘(II) in the case of the House of Rep2 resentatives, the 15th legislative day, 

3 after the succeeding session of Congress first con4 venes; and 

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

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

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

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

9 report shall be submitted to Congress before a rule can 

10 take effect. 

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

12 effect as otherwise provided by law (including other sub13 sections of this section). 

14 ‘‘§ 802. Congressional approval procedure for major 

15 rules 

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

17 resolution’ means only a joint resolution addressing a re18 port classifying a rule as major pursuant to section 

19 801(a)(1)(A)(iii) that— 

20 ‘‘(A) bears no preamble; 

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

22 as appropriate): ‘Approving the rule submitted by 

23 lll relating to lll.’; 

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

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


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•S 21 IS

1 Congress approves the rule submitted by lll re2 lating to lll.’; and 

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

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

5 classifying a rule as major pursuant to section 

6 801(a)(1)(A)(iii), the majority leader of that House (or 

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

8 if appropriate) a joint resolution described in paragraph 

9 (1)— 

10 ‘‘(A) in the case of the House of Representa11 tives, within 3 legislative days; and 

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

13 days. 

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

15 shall not be subject to amendment at any stage of pro16 ceeding. 

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

18 shall be referred in each House of Congress to the commit19 tees having jurisdiction over the provision of law under 

20 which the rule is issued. 

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

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

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

24 days after its introduction, such committee or committees 

25 shall be automatically discharged from further considerVerDate Sep 11 2014 00:38 Jan 11, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S21.IS S21

SSpencer on DSK4SPTVN1PROD with BILLS
10 

•S 21 IS

1 ation of the resolution and it shall be placed on the cal2 endar. A vote on final passage of the resolution shall be 

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

4 the resolution is reported by the committee or committees 

5 to which it was referred, or after such committee or com6 mittees have been discharged from further consideration 

7 of the resolution. 

8 ‘‘(d)(1) In the Senate, when the committee or com9 mittees to which a joint resolution is referred have re10 ported, or when a committee or committees are discharged 

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

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

13 time thereafter in order (even though a previous motion 

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

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

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

17 consideration of the joint resolution) are waived. The mo18 tion is not subject to amendment, or to a motion to post19 pone, or to a motion to proceed to the consideration of 

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

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

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

23 joint resolution is agreed to, the joint resolution shall re24 main the unfinished business of the Senate until disposed 

25 of. 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

•S 21 IS

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

2 and on all debatable motions and appeals in connection 

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

4 shall be divided equally between those favoring and those 

5 opposing the joint resolution. A motion to further limit 

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

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

8 consideration of other business, or a motion to recommit 

9 the joint resolution is not in order. 

10 ‘‘(3) In the Senate, immediately following the conclu11 sion of the debate on a joint resolution described in sub12 section (a), and a single quorum call at the conclusion of 

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

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

15 shall occur. 

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

17 to the application of the rules of the Senate to the proce18 dure relating to a joint resolution described in subsection 

19 (a) shall be decided without debate. 

20 ‘‘(e) In the House of Representatives, if any com21 mittee to which a joint resolution described in subsection 

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

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

24 such committee shall be discharged from further consider25 ation of the joint resolution, and it shall be placed on the 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•S 21 IS

1 appropriate calendar. On the second and fourth Thursdays 

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

3 Speaker to recognize a Member who favors passage of a 

4 joint resolution that has appeared on the calendar for at 

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

6 immediate consideration in the House without intervention 

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

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

9 hour equally divided and controlled by the proponent and 

10 an opponent, and the previous question shall be considered 

11 as ordered to its passage without intervening motion. It 

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

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

14 been taken by the third Thursday on which the Speaker 

15 may recognize a Member under this subsection, such vote 

16 shall be taken on that day. 

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

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

19 joint resolution having the same text, then— 

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

21 shall not be referred to a committee; and 

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

23 be the same as if no joint resolution had been re24 ceived from the other House until the vote on pas25 sage, when the joint resolution received from the 


SSpencer on DSK4SPTVN1PROD with BILLS
13 

•S 21 IS

1 other House shall supplant the joint resolution of 

2 the receiving House. 

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

4 Representatives if the joint resolution received from the 

5 Senate is a revenue measure. 

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

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

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

9 taken on that day. 

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

11 Congress— 

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

13 the Senate and House of Representatives, respec14 tively, and as such is deemed to be part of the rules 

15 of each House, respectively, but applicable only with 

16 respect to the procedure to be followed in that 

17 House in the case of a joint resolution described in 

18 subsection (a) and superseding other rules only 

19 where explicitly so; and 

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

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

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

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

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


SSpencer on DSK4SPTVN1PROD with BILLS
14 

•S 21 IS

1 ‘‘§ 803. Congressional disapproval procedure for 

2 nonmajor rules 

3 ‘‘(a) For purposes of this section, the term ‘joint res4 olution’ means only a joint resolution introduced in the 

5 period beginning on the date on which the report referred 

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

7 ending 60 days thereafter (excluding days either House 

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

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

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

11 nonmajor rule submitted by the lll relating to 

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

13 blank spaces being appropriately filled in). 

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

15 shall be referred to the committees in each House of Con16 gress with jurisdiction. 

17 ‘‘(c) In the Senate, if the committee to which is re18 ferred a joint resolution described in subsection (a) has 

19 not reported such joint resolution (or an identical joint 

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

21 of introduction of the joint resolution, such committee may 

22 be discharged from further consideration of such joint res23 olution upon a petition supported in writing by 30 Mem24 bers of the Senate, and such joint resolution shall be 

25 placed on the calendar. 


SSpencer on DSK4SPTVN1PROD with BILLS
15 

•S 21 IS

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

2 a joint resolution is referred has reported, or when a com3 mittee is discharged (under subsection (c)) from further 

4 consideration of a joint resolution described in subsection 

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

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

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

8 resolution, and all points of order against the joint resolu9 tion (and against consideration of the joint resolution) are 

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

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

12 consideration of other business. A motion to reconsider the 

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

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

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

16 shall remain the unfinished business of the Senate until 

17 disposed of. 

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

19 and on all debatable motions and appeals in connection 

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

21 which shall be divided equally between those favoring and 

22 those opposing the joint resolution. A motion to further 

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

24 to, or a motion to postpone, or a motion to proceed to 


SSpencer on DSK4SPTVN1PROD with BILLS
16 

•S 21 IS

1 the consideration of other business, or a motion to recom2 mit the joint resolution is not in order. 

3 ‘‘(3) In the Senate, immediately following the conclu4 sion of the debate on a joint resolution described in sub5 section (a), and a single quorum call at the conclusion of 

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

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

8 shall occur. 

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

10 to the application of the rules of the Senate to the proce11 dure relating to a joint resolution described in subsection 

12 (a) shall be decided without debate. 

13 ‘‘(e) In the Senate, the procedure specified in sub14 section (c) or (d) shall not apply to the consideration of 

15 a joint resolution respecting a nonmajor rule— 

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

17 beginning with the applicable submission or publica18 tion date; or 

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

20 was submitted during the period referred to in sec21 tion 801(d)(1), after the expiration of the 60 session 

22 days beginning on the 15th session day after the 

23 succeeding session of Congress first convenes. 

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

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


SSpencer on DSK4SPTVN1PROD with BILLS
17 

•S 21 IS

1 House receives from the other House a joint resolution 

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

3 shall apply: 

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

5 shall not be referred to a committee. 

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

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

8 resolution— 

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

10 the same as if no joint resolution had been re11 ceived from the other House; but 

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

13 the joint resolution of the other House. 

14 ‘‘§ 804. Definitions 

15 ‘‘For purposes of this chapter: 

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

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

18 ‘‘(2) The term ‘major rule’ means any rule, in19 cluding an interim final rule, that the Administrator 

20 of the Office of Information and Regulatory Affairs 

21 of the Office of Management and Budget finds has 

22 resulted in or is likely to result in— 

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

24 $100 million or more; 


SSpencer on DSK4SPTVN1PROD with BILLS
18 

•S 21 IS

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

2 consumers, individual industries, Federal, 

3 State, or local government agencies, or geo4 graphic regions; or 

5 ‘‘(C) significant adverse effects on competi6 tion, employment, investment, productivity, in7 novation, or on the ability of United States8 based enterprises to compete with foreign-based 

9 enterprises in domestic and export markets. 

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

11 that is not a major rule. 

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

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

14 not include— 

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

16 including a rule that approves or prescribes for 

17 the future rates, wages, prices, services, or al18 lowances therefore, corporate or financial struc19 tures, reorganizations, mergers, or acquisitions 

20 thereof, or accounting practices or disclosures 

21 bearing on any of the foregoing; 

22 ‘‘(B) any rule relating to agency manage23 ment or personnel; or 

24 ‘‘(C) any rule of agency organization, pro25 cedure, or practice that does not substantially 


SSpencer on DSK4SPTVN1PROD with BILLS
19 

•S 21 IS

1 affect the rights or obligations of non-agency 

2 parties. 

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

4 except as otherwise provided in this chapter, 

5 means— 

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

7 on which the Congress receives the report sub8 mitted under section 801(a)(1); and 

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

10 later of— 

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

12 receives the report submitted under section 

13 801(a)(1); and 

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

15 rule is published in the Federal Register, if 

16 so published. 

17 ‘‘§ 805. Judicial review 

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

19 under this chapter shall be subject to judicial review. 

20 ‘‘(b) Notwithstanding subsection (a), a court may de21 termine whether a Federal agency has completed the nec22 essary requirements under this chapter for a rule to take 

23 effect. 

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

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


SSpencer on DSK4SPTVN1PROD with BILLS
20 

•S 21 IS

1 grant or modification of statutory authority by Congress 

2 for the promulgation of a rule, shall not extinguish or af3 fect any claim, whether substantive or procedural, against 

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

5 the record before the court in any judicial proceeding con6 cerning a rule except for purposes of determining whether 

7 or not the rule is in effect. 

8 ‘‘§ 806. Exemption for monetary policy 

9 ‘‘Nothing in this chapter shall apply to rules that con10 cern monetary policy proposed or implemented by the 

11 Board of Governors of the Federal Reserve System or the 

12 Federal Open Market Committee. 

13 ‘‘§ 807. Effective date of certain rules 

14 ‘‘Notwithstanding section 801— 

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

16 closes, or conducts a regulatory program for a com17 mercial, recreational, or subsistence activity related 

18 to hunting, fishing, or camping; or 

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

20 agency for good cause finds (and incorporates the 

21 finding and a brief statement of reasons therefore in 

22 the rule issued) that notice and public procedure 

23 thereon are impracticable, unnecessary, or contrary 

24 to the public interest, 


SSpencer on DSK4SPTVN1PROD with BILLS
21 

•S 21 IS

1 shall take effect at such time as the Federal agency pro2 mulgating the rule determines.’’. 

3 SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SEC4 TION 802 OF TITLE 5, UNITED STATES CODE. 

5 Section 257(b)(2) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) 

7 is amended by adding at the end the following new sub8 paragraph: 

9 ‘‘(E) BUDGETARY EFFECTS OF RULES

10 SUBJECT TO SECTION 802 OF TITLE 5, UNITED

11 STATES CODE.—Any rules subject to the con12 gressional approval procedure set forth in sec13 tion 802 of chapter 8 of title 5, United States 

14 Code, affecting budget authority, outlays, or re15 ceipts shall be assumed to be effective unless it 

16 is not approved in accordance with such sec17 tion.’’. 

18 SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 

19 RULES. 

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

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

22 the date of the enactment of this Act— 

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

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

25 effect; 


SSpencer on DSK4SPTVN1PROD with BILLS
22 

•S 21 IS

1 (2) how many major rules (as such term is de2 fined in section 804 of title 5, United States Code) 

3 were in effect; and 

4 (3) the total estimated economic cost imposed 

5 by all such rules. 

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

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

8 the United States shall submit a report to Congress that 

9 contains the findings of the study conducted under sub10 section (a). 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS