I 

113TH CONGRESS 

1ST SESSION H. R. 367 

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 23, 2013 

Mr. YOUNG of Indiana (for himself, Mr. AMODEI, Mr. BACHUS, Mr. BARR, 

Mr. BISHOP of Utah, Mrs. BLACK, Mrs. BLACKBURN, Mr. BONNER, Mr. 

BROOKS of Alabama, Mr. BUCSHON, Mr. CAMP, Mr. CASSIDY, Mr. 

CHABOT, Mr. CHAFFETZ, Mr. COLLINS of Georgia, Mr. CRAMER, Mr. 

CRAWFORD, Mr. RODNEY DAVIS of Illinois, Mr. DESANTIS, Mr. 

DESJARLAIS, Mr. DUNCAN of Tennessee, Mr. DUNCAN of South Carolina, Mr. FITZPATRICK, Mr. FORBES, Mr. FORTENBERRY, Mr. GARRETT, 

Mr. GERLACH, Mr. GIBBS, Mr. GINGREY of Georgia, Mr. GOSAR, Mr. 

GOWDY, Mr. GRAVES of Missouri, Mr. GRIFFIN of Arkansas, Mr. GUTHRIE, Mr. HANNA, Mr. HARPER, Mrs. HARTZLER, Mr. HOLDING, Mr. 

HUDSON, Mr. HUELSKAMP, Mr. HUIZENGA of Michigan, Mr. HULTGREN, 

Ms. JENKINS, Mr. JOHNSON of Ohio, Mr. JONES, Mr. KELLY, Mr. 

KLINE, Mr. LAMBORN, Mr. LATHAM, Mr. LATTA, Mr. LONG, Mr. 

LUETKEMEYER, Mrs. LUMMIS, Mr. MASSIE, Mr. MCKINLEY, Mr. 

MESSER, Mr. MILLER of Florida, Mrs. CAPITO, Mr. MULLIN, Mr. 

MULVANEY, Mr. NEUGEBAUER, Mrs. NOEM, Mr. NUGENT, Mr. 

NUNNELEE, Mr. OLSON, Mr. PEARCE, Mr. REED, Mr. RIBBLE, Mr. ROE

of Tennessee, Mr. ROGERS of Michigan, Mr. ROKITA, Mr. SCALISE, Mr. 

SCHOCK, Mr. SENSENBRENNER, Mr. SIMPSON, Mr. SMITH of Texas, Mr. 

SMITH of Nebraska, Mr. STOCKMAN, Mr. STUTZMAN, Mr. THORNBERRY, 

Mr. TIBERI, Mr. WALBERG, Mr. WALDEN, Mr. WEBSTER of Florida, Mr. 

WESTMORELAND, Mr. WILSON of South Carolina, Mr. YODER, Mr. 

YOHO, Mr. YOUNG of Alaska, Mr. KINZINGER of Illinois, Mr. STIVERS, 

Mr. TIPTON, Mr. GIBSON, Mr. BOUSTANY, Mr. POE of Texas, Mr. GARDNER, Mr. SCHWEIKERT, Mr. FRANKS of Arizona, Mr. HALL, Mr. 

RENACCI, Mr. PALAZZO, Mr. ROSKAM, Mr. MARINO, Mr. POSEY, Mrs. 

ROBY, Mr. FLORES, Mr. BARTON, Mr. CALVERT, Mr. DENHAM, Mr. 

BARLETTA, Mr. ALEXANDER, Mr. ADERHOLT, Mr. VALADAO, Mr. GOHMERT, Mr. COFFMAN, Mr. UPTON, Mr. SESSIONS, Mrs. WAGNER, Mr. 

KING of Iowa, Mrs. BROOKS of Indiana, Mr. BENISHEK, and Mr. ROSS) 

introduced the following bill; which was referred to the Committee on the 

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


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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 2013’’. 

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 


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1 is truly accountable to the American people for the laws 

2 imposed upon them. 

3 SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE4 MAKING. 

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

6 to read as follows: 

7 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

8 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. 

9 ‘‘§ 801. Congressional review 

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

11 agency promulgating such rule shall submit to each House 

12 of the Congress and to the Comptroller General a report 

13 containing— 

14 ‘‘(i) a copy of the rule; 

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

16 rule; 

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

18 nonmajor rule, including an explanation of the clas19 sification specifically addressing each criteria for a 

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

21 804(2)(B), and 804(2)(C); 


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1 ‘‘(iv) a list of any other related regulatory ac2 tions intended to implement the same statutory pro3 vision or regulatory objective as well as the indi4 vidual and aggregate economic effects of those ac5 tions; and 

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

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

8 under subparagraph (A), the Federal agency promulgating 

9 the rule shall submit to the Comptroller General and make 

10 available to each House of Congress— 

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

12 of the rule, if any; 

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

14 603, 604, 605, 607, and 609 of this title; 

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

16 202, 203, 204, and 205 of the Unfunded Mandates 

17 Reform Act of 1995; and 

18 ‘‘(iv) any other relevant information or require19 ments under any other Act and any relevant Execu20 tive orders. 

21 ‘‘(C) Upon receipt of a report submitted under sub22 paragraph (A), each House shall provide copies of the re23 port to the chairman and ranking member of each stand24 ing committee with jurisdiction under the rules of the 

25 House of Representatives or the Senate to report a bill 


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

2 issued. 

3 ‘‘(2)(A) The Comptroller General shall provide a re4 port on each major rule to the committees of jurisdiction 

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

6 publication date as provided in section 802(b)(2). The re7 port of the Comptroller General shall include an assess8 ment of the agency’s compliance with procedural steps re9 quired by paragraph (1)(B). 

10 ‘‘(B) Federal agencies shall cooperate with the Comp11 troller General by providing information relevant to the 

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

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

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

15 a joint resolution of approval described in section 802 or 

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

17 resolution of approval described in section 802, whichever 

18 is later. 

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

20 by section 803 after submission to Congress under para21 graph (1). 

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

23 major rule is not enacted within the period provided in 

24 subsection (b)(2), then a joint resolution of approval relat25 ing to the same rule may not be considered under this 


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1 chapter in the same Congress by either the House of Rep2 resentatives or the Senate. 

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

4 Congress enacts a joint resolution of approval described 

5 under section 802. 

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

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

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

9 which the report referred to in section 801(a)(1)(A) is re10 ceived by Congress (excluding days either House of Con11 gress is adjourned for more than 3 days during a session 

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

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

14 not take effect. 

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

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

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

18 President makes a determination under paragraph (2) and 

19 submits written notice of such determination to the Con20 gress. 

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

22 by the President by Executive order that the major rule 

23 should take effect because such rule is— 

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

25 to health or safety or other emergency; 


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

2 laws; 

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

4 ‘‘(D) issued pursuant to any statute imple5 menting an international trade agreement. 

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

7 under this subsection shall have no effect on the proce8 dures under section 802. 

9 ‘‘(d)(1) In addition to the opportunity for review oth10 erwise provided under this chapter, in the case of any rule 

11 for which a report was submitted in accordance with sub12 section (a)(1)(A) during the period beginning on the date 

13 occurring— 

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

15 or 

16 ‘‘(B) in the case of the House of Representa17 tives, 60 legislative days, 

18 before the date the Congress is scheduled to adjourn a 

19 session of Congress through the date on which the same 

20 or succeeding Congress first convenes its next session, sec21 tions 802 and 803 shall apply to such rule in the suc22 ceeding session of Congress. 

23 ‘‘(2)(A) In applying sections 802 and 803 for pur24 poses of such additional review, a rule described under 

25 paragraph (1) shall be treated as though— 


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

2 Register on— 

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

4 session day, or 

5 ‘‘(II) in the case of the House of Rep6 resentatives, the 15th legislative day, 

7 after the succeeding session of Congress first con8 venes; and 

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

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

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

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

13 report shall be submitted to Congress before a rule can 

14 take effect. 

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

16 effect as otherwise provided by law (including other sub17 sections of this section). 

18 ‘‘§ 802. Congressional approval procedure for major 

19 rules 

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

21 resolution’ means only a joint resolution addressing a re22 port classifying a rule as major pursuant to section 

23 801(a)(1)(A)(iii) that— 

24 ‘‘(A) bears no preamble; 


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

2 as appropriate): ‘Approving the rule submitted by 

3 lll relating to lll.’; 

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

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

6 Congress approves the rule submitted by lll re7 lating to lll.’; and 

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

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

10 classifying a rule as major pursuant to section 

11 801(a)(1)(A)(iii), the majority leader of that House (or 

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

13 if appropriate) a joint resolution described in paragraph 

14 (1)— 

15 ‘‘(A) in the case of the House of Representa16 tives, within three legislative days; and 

17 ‘‘(B) in the case of the Senate, within three ses18 sion days. 

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

20 shall not be subject to amendment at any stage of pro21 ceeding. 

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

23 shall be referred in each House of Congress to the commit24 tees having jurisdiction over the provision of law under 

25 which the rule is issued. 


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

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

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

4 days after its introduction, such committee or committees 

5 shall be automatically discharged from further consider6 ation of the resolution and it shall be placed on the cal7 endar. A vote on final passage of the resolution shall be 

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

9 the resolution is reported by the committee or committees 

10 to which it was referred, or after such committee or com11 mittees have been discharged from further consideration 

12 of the resolution. 

13 ‘‘(d)(1) In the Senate, when the committee or com14 mittees to which a joint resolution is referred have re15 ported, or when a committee or committees are discharged 

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

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

18 time thereafter in order (even though a previous motion 

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

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

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

22 consideration of the joint resolution) are waived. The mo23 tion is not subject to amendment, or to a motion to post24 pone, or to a motion to proceed to the consideration of 

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


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

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

3 joint resolution is agreed to, the joint resolution shall re4 main the unfinished business of the Senate until disposed 

5 of. 

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

7 and on all debatable motions and appeals in connection 

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

9 shall be divided equally between those favoring and those 

10 opposing the joint resolution. A motion to further limit 

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

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

13 consideration of other business, or a motion to recommit 

14 the joint resolution is not in order. 

15 ‘‘(3) In the Senate, immediately following the conclu16 sion of the debate on a joint resolution described in sub17 section (a), and a single quorum call at the conclusion of 

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

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

20 shall occur. 

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

22 to the application of the rules of the Senate to the proce23 dure relating to a joint resolution described in subsection 

24 (a) shall be decided without debate. 


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1 ‘‘(e) In the House of Representatives, if any com2 mittee to which a joint resolution described in subsection 

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

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

5 such committee shall be discharged from further consider6 ation of the joint resolution, and it shall be placed on the 

7 appropriate calendar. On the second and fourth Thursdays 

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

9 Speaker to recognize a Member who favors passage of a 

10 joint resolution that has appeared on the calendar for at 

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

12 immediate consideration in the House without intervention 

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

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

15 hour equally divided and controlled by the proponent and 

16 an opponent, and the previous question shall be considered 

17 as ordered to its passage without intervening motion. It 

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

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

20 been taken by the third Thursday on which the Speaker 

21 may recognize a Member under this subsection, such vote 

22 shall be taken on that day. 

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

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

25 joint resolution having the same text, then— 


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

2 shall not be referred to a committee; and 

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

4 be the same as if no joint resolution had been re5 ceived from the other House until the vote on pas6 sage, when the joint resolution received from the 

7 other House shall supplant the joint resolution of 

8 the receiving House. 

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

10 Representatives if the joint resolution received from the 

11 Senate is a revenue measure. 

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

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

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

15 taken on that day. 

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

17 Congress— 

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

19 the Senate and House of Representatives, respec20 tively, and as such is deemed to be part of the rules 

21 of each House, respectively, but applicable only with 

22 respect to the procedure to be followed in that 

23 House in the case of a joint resolution described in 

24 subsection (a) and superseding other rules only 

25 where explicitly so; and 


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

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

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

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

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

6 ‘‘§ 803. Congressional disapproval procedure for 

7 nonmajor rules 

8 ‘‘(a) For purposes of this section, the term ‘joint res9 olution’ means only a joint resolution introduced in the 

10 period beginning on the date on which the report referred 

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

12 ending 60 days thereafter (excluding days either House 

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

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

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

16 nonmajor rule submitted by the lll relating to 

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

18 blank spaces being appropriately filled in). 

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

20 shall be referred to the committees in each House of Con21 gress with jurisdiction. 

22 ‘‘(2) For purposes of this section, the term submis23 sion or publication date means the later of the date on 

24 which— 


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

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

3 ‘‘(B) the nonmajor rule is published in the Fed4 eral Register, if so published. 

5 ‘‘(c) In the Senate, if the committee to which is re6 ferred a joint resolution described in subsection (a) has 

7 not reported such joint resolution (or an identical joint 

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

9 of introduction of the joint resolution, such committee may 

10 be discharged from further consideration of such joint res11 olution upon a petition supported in writing by 30 Mem12 bers of the Senate, and such joint resolution shall be 

13 placed on the calendar. 

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

15 a joint resolution is referred has reported, or when a com16 mittee is discharged (under subsection (c)) from further 

17 consideration of a joint resolution described in subsection 

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

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

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

21 resolution, and all points of order against the joint resolu22 tion (and against consideration of the joint resolution) are 

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

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

25 consideration of other business. A motion to reconsider the 


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

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

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

4 shall remain the unfinished business of the Senate until 

5 disposed of. 

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

7 and on all debatable motions and appeals in connection 

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

9 which shall be divided equally between those favoring and 

10 those opposing the joint resolution. A motion to further 

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

12 to, or a motion to postpone, or a motion to proceed to 

13 the consideration of other business, or a motion to recom14 mit the joint resolution is not in order. 

15 ‘‘(3) In the Senate, immediately following the conclu16 sion of the debate on a joint resolution described in sub17 section (a), and a single quorum call at the conclusion of 

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

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

20 shall occur. 

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

22 to the application of the rules of the Senate to the proce23 dure relating to a joint resolution described in subsection 

24 (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 $100,000,000 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 on the ability of United States21 based enterprises to compete with foreign-based 

22 enterprises 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 ‘‘§ 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 


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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, 


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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 is amended by adding 

7 at the end the following new subparagraph: 

8 ‘‘(E) BUDGETARY EFFECTS OF RULES

9 SUBJECT TO SECTION 802 OF TITLE 5, UNITED

10 STATES CODE.—Any rules subject to the con11 gressional approval procedure set forth in sec12 tion 802 of chapter 8 of title 5, United States 

13 Code, affecting budget authority, outlays, or re14 ceipts shall be assumed to be effective unless it 

15 is not approved in accordance with such sec16 tion.’’. 

Æ 


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