all points of order against the joint resolution (and against 
consideration of the joint resolution) are waived. The mo-
tion is not subject to amendment, or to a motion to post-
pone, or to a motion to proceed to the consideration of other 
business. A motion to reconsider the vote by which the mo-
tion is agreed to or disagreed to shall not be in order. If 
a motion to proceed to the consideration of the joint resolu-
tion is agreed to, the joint resolution shall remain the unfin-
ished business of the Senate until disposed of. 
‘‘(2) In the Senate, debate on the joint resolution, and 
on all debatable motions and appeals in connection there-
with, shall be limited to not more than 10 hours, which 
shall be divided equally between those favoring and those 
opposing the joint resolution. A motion to further limit de-
bate is in order and not debatable. An amendment to, or 
a motion to postpone, or a motion to proceed to the consid-
eration of other business, or a motion to recommit the joint 
resolution is not in order. 
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
section (a), and a single quorum call at the conclusion of 
the debate if requested in accordance with the rules of the 
Senate, the vote on final passage of the joint resolution shall 
occur. 
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‘‘(4) Appeals from the decisions of the Chair relating 
to the application of the rules of the Senate to the procedure 
relating to a joint resolution described in subsection (a) 
shall be decided without debate. 
‘‘(e) In the Senate the procedure specified in subsection 
(c) or (d) shall not apply to the consideration of a joint 
resolution respecting a nonmajor rule— 
‘‘(1) after the expiration of the 60 session days 
beginning with the applicable submission or publica-
tion date, or 
‘‘(2) if the report under section 801(a)(1)(A) was 
submitted during the period referred to in section 
801(d)(1), after the expiration of the 60 session days 
beginning on the 15th session day after the succeeding 
session of Congress first convenes. 
‘‘(f) If, before the passage by one House of a joint reso-
lution of that House described in subsection (a), that House 
receives from the other House a joint resolution described 
in subsection (a), then the following procedures shall apply: 
‘‘(1) The joint resolution of the other House shall 
not be referred to a committee. 
‘‘(2) With respect to a joint resolution described 
in subsection (a) of the House receiving the joint reso-
lution— 
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‘‘(A) the procedure in that House shall be 
the same as if no joint resolution had been re-
ceived from the other House; but 
‘‘(B) the vote on final passage shall be on 
the joint resolution of the other House. 
‘‘§ 804. Definitions 
‘‘For purposes of this chapter— 
‘‘(1) The term ‘Federal agency’ means any agen-
cy as that term is defined in section 551(1). 
‘‘(2) The term ‘major rule’ means any rule, in-
cluding an interim final rule, that the Administrator 
of the Office of Information and Regulatory Affairs of 
the Office of Management and Budget finds has re-
sulted in or is likely to result in— 
‘‘(A) an annual effect on the economy of 
$100,000,000 or more; 
‘‘(B) a major increase in costs or prices for 
consumers, individual industries, Federal, State, 
or local government agencies, or geographic re-
gions; or 
‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, or on the ability of United States- 
based enterprises to compete with foreign-based 
enterprises in domestic and export markets. 
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‘‘(3) The term ‘nonmajor rule’ means any rule 
that is not a major rule. 
‘‘(4) The term ‘rule’ has the meaning given such 
term in section 551, except that such term does not 
include— 
‘‘(A) any rule of particular applicability, 
including a rule that approves or prescribes for 
the future rates, wages, prices, services, or allow-
ances therefore, corporate or financial structures, 
reorganizations, mergers, or acquisitions thereof, 
or accounting practices or disclosures bearing on 
any of the foregoing; 
‘‘(B) any rule relating to agency manage-
ment or personnel; or 
‘‘(C) any rule of agency organization, pro-
cedure, or practice that does not substantially af-
fect the rights or obligations of non-agency par-
ties. 
‘‘(5) The term ‘submission date or publication 
date’, except as otherwise provided in this chapter, 
means— 
‘‘(A) in the case of a major rule, the date 
on which the Congress receives the report sub-
mitted under section 801(a)(1); and 
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‘‘(B) in the case of a nonmajor rule, the 
later of— 
‘‘(i) the date on which the Congress re-
ceives the report submitted under section 
801(a)(1); and 
‘‘(ii) the date on which the nonmajor 
rule is published in the Federal Register, if 
so published. 
‘‘§ 805. Judicial review 
‘‘(a) No determination, finding, action, or omission 
under this chapter shall be subject to judicial review. 
‘‘(b) Notwithstanding subsection (a), a court may de-
termine whether a Federal agency has completed the nec-
essary requirements under this chapter for a rule to take 
effect. 
‘‘(c) The enactment of a joint resolution of approval 
under section 802 shall not be interpreted to serve as a 
grant or modification of statutory authority by Congress 
for the promulgation of a rule, shall not extinguish or affect 
any claim, whether substantive or procedural, against any 
alleged defect in a rule, and shall not form part of the record 
before the court in any judicial proceeding concerning a 
rule except for purposes of determining whether or not the 
rule is in effect. 
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‘‘§ 806. Exemption for monetary policy 
‘‘Nothing in this chapter shall apply to rules that con-
cern monetary policy proposed or implemented by the 
Board of Governors of the Federal Reserve System or the 
Federal Open Market Committee. 
‘‘§ 807. Effective date of certain rules 
‘‘Notwithstanding section 801— 
‘‘(1) any rule that establishes, modifies, opens, 
closes, or conducts a regulatory program for a com-
mercial, recreational, or subsistence activity related to 
hunting, fishing, or camping; or 
‘‘(2) any rule other than a major rule which an 
agency for good cause finds (and incorporates the 
finding and a brief statement of reasons therefore in 
the rule issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to 
the public interest, 
shall take effect at such time as the Federal agency promul-
gating the rule determines.’’. 
SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SEC-
TION 802 OF TITLE 5, UNITED STATES CODE. 
Section 257(b)(2) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 is amended by adding 
at the end the following new subparagraph: 
‘‘(E) BUDGETARY EFFECTS OF RULES SUB-
JECT
TO
SECTION
802
OF
TITLE
5, UNITED 
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STATES CODE.—Any rules subject to the congres-
sional approval procedure set forth in section 
802 of chapter 8 of title 5, United States Code, 
affecting budget authority, outlays, or receipts 
shall be assumed to be effective unless it is not 
approved in accordance with such section.’’. 
SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 
RULES. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study to determine, as of the 
date of the enactment of this Act— 
(1) how many rules (as such term is defined in 
section 804 of title 5, United States Code) were in ef-
fect; 
(2) how many major rules (as such term is de-
fined in section 804 of title 5, United States Code) 
were in effect; and 
(3) the total estimated economic cost imposed by 
all such rules. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit a report to Congress that con-
tains the findings of the study conducted under subsection 
(a). 
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Union Calendar No. 115 
113TH CONGRESS 
1ST SESSION 
H. R. 367 
[Report No. 113–160, Part I] 
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. 
JULY 19, 2013 
Reported from the Committee on the Judiciary with an 
amendment 
JULY 19, 2013 
The Committees on Rules and Budget discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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