‘‘(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 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 
‘‘(B) in the case of a nonmajor rule, the 
later of— 
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‘‘(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. 
‘‘§ 806. Exemption for monetary policy 
‘‘Nothing in this chapter shall apply to rules that con-
cern monetary policy proposed or implemented by the 
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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 (2 U.S.C. 907(b)(2)) is 
amended by adding at the end the following new subpara-
graph: 
‘‘(E) BUDGETARY EFFECTS OF RULES SUB-
JECT
TO
SECTION
802
OF
TITLE
5, UNITED 
STATES CODE.—Any rule subject to the congres-
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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 1 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. 61 
118TH CONGRESS 
1ST SESSION 
H. R. 277 
[Report No. 118–84, 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. 
JUNE 1, 2023 
Reported from the Committee on the Judiciary with an 
amendment 
JUNE 1, 2023 
Committees on Rules and the 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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