Us Congress 2025-2026 Regular Session

Us Congress House Bill HB142 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	119THCONGRESS
3	3	1
4	4	STSESSION H. R. 142
5	5	To amend chapter 8 of title 5, United States Code, to provide that major
6	6	rules of the executive branch shall have no force or effect unless a
7	7	joint resolution of approval is enacted into law.
8	8	IN THE HOUSE OF REPRESENTATIVES
9	9	JANUARY3, 2025
10	10	Mrs. C
11	11	AMMACK(for herself, Mr. EDWARDS, Mr. HIGGINSof Louisiana, Mr.
12	12	B
13	13	ERGMAN, Mr. ALLEN, Mr. FULCHER, Mr. TIMMONS, Mr. FINSTAD, Mr.
14	14	B
15	15	EANof Florida, Mr. CRENSHAW, Mrs. MILLER-MEEKS, Mr.
16	16	L
17	17	ANGWORTHY, Mr. MOOREof Alabama, Mr. MOOREof Utah, Mr. CLINE,
18	18	Mr. R
19	19	OUZER, Mr. VANDREW, Mr. MEUSER, Mr. ROSE, Mr. CARTERof
20	20	Georgia, Mr. F
21	21	LOOD, Mr. RESCHENTHALER, Mr. RUTHERFORD, Mr.
22	22	E
23	23	MMER, Mr. PERRY, Mr. FEENSTRA, Mr. JOHNSONof South Dakota,
24	24	Mr. S
25	25	MITHof Nebraska, Mr. BACON, Mrs. LUNA, Mr. THOMPSONof
26	26	Pennsylvania, Mr. P
27	27	ALMER, Mr. BIGGSof Arizona, Mr. NUNNof Iowa,
28	28	Mr. C
29	29	ISCOMANI, Mr. FITZGERALD, Mr. HUIZENGA, Mr. CRANK, Mr.
30	30	S
31	31	CHMIDT, Mr. PFLUGER, Mr. GRIFFITH, Ms. BOEBERT, Mr. MASSIE,
32	32	Mr. B
33	33	URCHETT, Mr. MILLS, Mr. GOSAR, Mr. ROY, Mr. CLOUD, Ms.
34	34	G
35	35	REENEof Georgia, Mr. VALADAO, Mr. GILLof Texas, Mr. BARR, Mr.
36	36	H
37	37	UDSON, Mr. TONYGONZALESof Texas, Mr. ISSA, Mr. DONALDS, Mr.
38	38	M
39	39	ANN, Mr. ESTES, Mr. BARRETT, Mr. MCCLINTOCK, Mr. SCHWEIKERT,
40	40	Mr. B
41	41	ABIN, Mr. LUCAS, Mr. WOMACK, Mr. OBERNOLTE, Mrs. MILLER
42	42	of West Virginia, Mr. V
43	43	ANORDEN, Mr. CARTERof Texas, Mr. HAR-
44	44	RIGAN, Ms. FEDORCHAK, and Mr. WEBERof Texas) introduced the fol-
45	45	lowing bill; which was referred to the Committee on the Judiciary, and
46	46	in addition to the Committees on Rules, and the Budget, for a period to
47	47	be subsequently determined by the Speaker, in each case for consider-
48	48	ation of such provisions as fall within the jurisdiction of the committee
49	49	concerned
50	50	A BILL
51	51	To amend chapter 8 of title 5, United States Code, to provide
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54	54	•HR 142 IH
55	55	that major rules of the executive branch shall have no
56	56	force or effect unless a joint resolution of approval is
57	57	enacted into law.
58	58	Be it enacted by the Senate and House of Representa-1
59	59	tives of the United States of America in Congress assembled, 2
60	60	SECTION 1. SHORT TITLE. 3
61	61	This Act may be cited as the ‘‘Regulations from the 4
62	62	Executive in Need of Scrutiny Act of 2025’’. 5
63	63	SEC. 2. PURPOSE. 6
64	64	The purpose of this Act is to increase accountability 7
65	65	for and transparency in the Federal regulatory process. 8
66	66	Section 1 of article I of the United States Constitution 9
67	67	grants all legislative powers to Congress. Over time, Con-10
68	68	gress has excessively delegated its constitutional charge 11
69	69	while failing to conduct appropriate oversight and retain 12
70	70	accountability for the content of the laws it passes. By 13
71	71	requiring a vote in Congress, the REINS Act will result 14
72	72	in more carefully drafted and detailed legislation, an im-15
73	73	proved regulatory process, and a legislative branch that 16
74	74	is truly accountable to the American people for the laws 17
75	75	imposed upon them. 18
76	76	SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE-19
77	77	MAKING. 20
78	78	Chapter 8 of title 5, United States Code, is amended 21
79	79	to read as follows: 22
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82	82	•HR 142 IH
83	83	‘‘CHAPTER 8—CONGRESSIONAL REVIEW 1
84	84	OF AGENCY RULEMAKING 2
85	85	‘‘Sec.
86	86	‘‘801. Congressional review.
87	87	‘‘802. Congressional approval procedure for major rules.
88	88	‘‘803. Congressional disapproval procedure for nonmajor rules.
89	89	‘‘804. Definitions.
90	90	‘‘805. Judicial review.
91	91	‘‘806. Exemption for monetary policy.
92	92	‘‘807. Effective date of certain rules.
93	93	‘‘§ 801. Congressional review 3
94	94	‘‘(a)(1)(A) Before a rule may take effect, the Federal 4
95	95	agency promulgating such rule shall publish in the Federal 5
96	96	Register a list of information on which the rule is based, 6
97	97	including data, scientific and economic studies, and cost- 7
98	98	benefit analyses, and identify how the public can access 8
99	99	such information online, and shall submit to each House 9
100	100	of the Congress and to the Comptroller General a report 10
101	101	containing— 11
102	102	‘‘(i) a copy of the rule; 12
103	103	‘‘(ii) a concise general statement relating to the 13
104	104	rule; 14
105	105	‘‘(iii) a classification of the rule as a major or 15
106	106	nonmajor rule, including an explanation of the clas-16
107	107	sification specifically addressing each criteria for a 17
108	108	major rule contained within subparagraphs (A) 18
109	109	through (C) of section 804(2); 19
110	110	‘‘(iv) a list of any other related regulatory ac-20
111	111	tions intended to implement the same statutory pro-21
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114	114	•HR 142 IH
115	115	vision or regulatory objective as well as the indi-1
116	116	vidual and aggregate economic effects of those ac-2
117	117	tions; and 3
118	118	‘‘(v) the proposed effective date of the rule. 4
119	119	‘‘(B) On the date of the submission of the report 5
120	120	under subparagraph (A), the Federal agency promulgating 6
121	121	the rule shall submit to the Comptroller General and make 7
122	122	available to each House of Congress— 8
123	123	‘‘(i) a complete copy of the cost-benefit analysis 9
124	124	of the rule, if any, including an analysis of any jobs 10
125	125	added or lost, differentiating between public and pri-11
126	126	vate sector jobs; 12
127	127	‘‘(ii) the agency’s actions pursuant to sections 13
128	128	603, 604, 605, 607, and 609 of this title; 14
129	129	‘‘(iii) the agency’s actions pursuant to sections 15
130	130	202, 203, 204, and 205 of the Unfunded Mandates 16
131	131	Reform Act of 1995; and 17
132	132	‘‘(iv) any other relevant information or require-18
133	133	ments under any other Act and any relevant Execu-19
134	134	tive orders. 20
135	135	‘‘(C) Upon receipt of a report submitted under sub-21
136	136	paragraph (A), each House shall provide copies of the re-22
137	137	port to the chairman and ranking member of each stand-23
138	138	ing committee with jurisdiction under the rules of the 24
139	139	House of Representatives or the Senate to report a bill 25
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142	142	•HR 142 IH
143	143	to amend the provision of law under which the rule is 1
144	144	issued. 2
145	145	‘‘(2)(A) The Comptroller General shall provide a re-3
146	146	port on each major rule to the committees of jurisdiction 4
147	147	by the end of 15 calendar days after the submission or 5
148	148	publication date. The report of the Comptroller General 6
149	149	shall include an assessment of the agency’s compliance 7
150	150	with procedural steps required by paragraph (1)(B) and 8
151	151	an assessment of whether the major rule imposes any new 9
152	152	limits or mandates on private-sector activity. 10
153	153	‘‘(B) Federal agencies shall cooperate with the Comp-11
154	154	troller General by providing information relevant to the 12
155	155	Comptroller General’s report under subparagraph (A). 13
156	156	‘‘(3) A major rule relating to a report submitted 14
157	157	under paragraph (1) shall take effect upon enactment of 15
158	158	a joint resolution of approval described in section 802 or 16
159	159	as provided for in the rule following enactment of a joint 17
160	160	resolution of approval described in section 802, whichever 18
161	161	is later. 19
162	162	‘‘(4) A nonmajor rule shall take effect as provided 20
163	163	by section 803 after submission to Congress under para-21
164	164	graph (1). 22
165	165	‘‘(5) If a joint resolution of approval relating to a 23
166	166	major rule is not enacted within the period provided in 24
167	167	subsection (b)(2), then a joint resolution of approval relat-25
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170	170	•HR 142 IH
171	171	ing to the same rule may not be considered under this 1
172	172	chapter in the same Congress by either the House of Rep-2
173	173	resentatives or the Senate. 3
174	174	‘‘(b)(1) A major rule shall not take effect unless the 4
175	175	Congress enacts a joint resolution of approval described 5
176	176	under section 802. 6
177	177	‘‘(2) If a joint resolution described in subsection (a) 7
178	178	is not enacted into law by the end of 70 session days or 8
179	179	legislative days, as applicable, beginning on the date on 9
180	180	which the report referred to in subsection (a)(1)(A) is re-10
181	181	ceived by Congress (excluding days either House of Con-11
182	182	gress is adjourned for more than 3 days during a session 12
183	183	of Congress), then the rule described in that resolution 13
184	184	shall be deemed not to be approved and such rule shall 14
185	185	not take effect. 15
186	186	‘‘(c)(1) Notwithstanding any other provision of this 16
187	187	section (except subject to paragraph (3)), a major rule 17
188	188	may take effect for one 90-calendar-day period if the 18
189	189	President makes a determination under paragraph (2) and 19
190	190	submits written notice of such determination to the Con-20
191	191	gress. 21
192	192	‘‘(2) Paragraph (1) applies to a determination made 22
193	193	by the President by Executive order that the major rule 23
194	194	should take effect because such rule is— 24
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198	198	‘‘(A) necessary because of an imminent threat 1
199	199	to health or safety or other emergency; 2
200	200	‘‘(B) necessary for the enforcement of criminal 3
201	201	laws; 4
202	202	‘‘(C) necessary for national security; or 5
203	203	‘‘(D) issued pursuant to any statute imple-6
204	204	menting an international trade agreement. 7
205	205	‘‘(3) An exercise by the President of the authority 8
206	206	under this subsection shall have no effect on the proce-9
207	207	dures under section 802. 10
208	208	‘‘(d)(1) In addition to the opportunity for review oth-11
209	209	erwise provided under this chapter, in the case of any rule 12
210	210	for which a report was submitted in accordance with sub-13
211	211	section (a)(1)(A) during the period beginning on the date 14
212	212	occurring— 15
213	213	‘‘(A) in the case of the Senate, 60 session days; 16
214	214	or 17
215	215	‘‘(B) in the case of the House of Representa-18
216	216	tives, 60 legislative days, 19
217	217	before the date the Congress is scheduled to adjourn a 20
218	218	session of Congress through the date on which the same 21
219	219	or succeeding Congress first convenes its next session, sec-22
220	220	tions 802 and 803 shall apply to such rule in the suc-23
221	221	ceeding session of Congress. 24
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225	225	‘‘(2)(A) In applying sections 802 and 803 for pur-1
226	226	poses of such additional review, a rule described under 2
227	227	paragraph (1) shall be treated as though— 3
228	228	‘‘(i) such rule were published in the Federal 4
229	229	Register on— 5
230	230	‘‘(I) in the case of the Senate, the 15th 6
231	231	session day; or 7
232	232	‘‘(II) in the case of the House of Rep-8
233	233	resentatives, the 15th legislative day, 9
234	234	after the succeeding session of Congress first con-10
235	235	venes; and 11
236	236	‘‘(ii) a report on such rule were submitted to 12
237	237	Congress under subsection (a)(1) on such date. 13
238	238	‘‘(B) Nothing in this paragraph shall be construed 14
239	239	to affect the requirement under subsection (a)(1) that a 15
240	240	report shall be submitted to Congress before a rule can 16
241	241	take effect. 17
242	242	‘‘(3) A rule described under paragraph (1) shall take 18
243	243	effect as otherwise provided by law (including other sub-19
244	244	sections of this section). 20
245	245	‘‘§ 802. Congressional approval procedure for major 21
246	246	rules 22
247	247	‘‘(a)(1) For purposes of this section, the term ‘joint 23
248	248	resolution’ means only a joint resolution addressing a re-24
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251	251	•HR 142 IH
252	252	port classifying a rule as major pursuant to section 1
253	253	801(a)(1)(A)(iii) that— 2
254	254	‘‘(A) bears no preamble; 3
255	255	‘‘(B) bears the following title (with blanks filled 4
256	256	as appropriate): ‘Approving the rule submitted by 5
257	257	lll relating to lll.’; 6
258	258	‘‘(C) includes after its resolving clause only the 7
259	259	following (with blanks filled as appropriate): ‘That 8
260	260	Congress approves the rule submitted by lll re-9
261	261	lating to lll.’; and 10
262	262	‘‘(D) is introduced pursuant to paragraph (2). 11
263	263	‘‘(2) After a House of Congress receives a report 12
264	264	classifying a rule as major pursuant to section 13
265	265	801(a)(1)(A)(iii), the majority leader of that House (or 14
266	266	his or her respective designee) shall introduce (by request, 15
267	267	if appropriate) a joint resolution described in paragraph 16
268	268	(1)— 17
269	269	‘‘(A) in the case of the House of Representa-18
270	270	tives, within 3 legislative days; and 19
271	271	‘‘(B) in the case of the Senate, within 3 session 20
272	272	days. 21
273	273	‘‘(3) A joint resolution described in paragraph (1) 22
274	274	shall not be subject to amendment at any stage of pro-23
275	275	ceeding. 24
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279	279	‘‘(b) A joint resolution described in subsection (a) 1
280	280	shall be referred in each House of Congress to the commit-2
281	281	tees having jurisdiction over the provision of law under 3
282	282	which the rule is issued. 4
283	283	‘‘(c) In the Senate, if the committee or committees 5
284	284	to which a joint resolution described in subsection (a) has 6
285	285	been referred have not reported it at the end of 15 session 7
286	286	days after its introduction, such committee or committees 8
287	287	shall be automatically discharged from further consider-9
288	288	ation of the resolution and it shall be placed on the cal-10
289	289	endar. A vote on final passage of the resolution shall be 11
290	290	taken on or before the close of the 15th session day after 12
291	291	the resolution is reported by the committee or committees 13
292	292	to which it was referred, or after such committee or com-14
293	293	mittees have been discharged from further consideration 15
294	294	of the resolution. 16
295	295	‘‘(d)(1) In the Senate, when the committee or com-17
296	296	mittees to which a joint resolution is referred have re-18
297	297	ported, or when a committee or committees are discharged 19
298	298	(under subsection (c)) from further consideration of a 20
299	299	joint resolution described in subsection (a), it is at any 21
300	300	time thereafter in order (even though a previous motion 22
301	301	to the same effect has been disagreed to) for a motion 23
302	302	to proceed to the consideration of the joint resolution, and 24
303	303	all points of order against the joint resolution (and against 25
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307	307	consideration of the joint resolution) are waived. The mo-1
308	308	tion is not subject to amendment, or to a motion to post-2
309	309	pone, or to a motion to proceed to the consideration of 3
310	310	other business. A motion to reconsider the vote by which 4
311	311	the motion is agreed to or disagreed to shall not be in 5
312	312	order. If a motion to proceed to the consideration of the 6
313	313	joint resolution is agreed to, the joint resolution shall re-7
314	314	main the unfinished business of the Senate until disposed 8
315	315	of. 9
316	316	‘‘(2) In the Senate, debate on the joint resolution, 10
317	317	and on all debatable motions and appeals in connection 11
318	318	therewith, shall be limited to not more than 2 hours, which 12
319	319	shall be divided equally between those favoring and those 13
320	320	opposing the joint resolution. A motion to further limit 14
321	321	debate is in order and not debatable. An amendment to, 15
322	322	or a motion to postpone, or a motion to proceed to the 16
323	323	consideration of other business, or a motion to recommit 17
324	324	the joint resolution is not in order. 18
325	325	‘‘(3) In the Senate, immediately following the conclu-19
326	326	sion of the debate on a joint resolution described in sub-20
327	327	section (a), and a single quorum call at the conclusion of 21
328	328	the debate if requested in accordance with the rules of the 22
329	329	Senate, the vote on final passage of the joint resolution 23
330	330	shall occur. 24
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334	334	‘‘(4) Appeals from the decisions of the Chair relating 1
335	335	to the application of the rules of the Senate to the proce-2
336	336	dure relating to a joint resolution described in subsection 3
337	337	(a) shall be decided without debate. 4
338	338	‘‘(e) In the House of Representatives, if any com-5
339	339	mittee to which a joint resolution described in subsection 6
340	340	(a) has been referred has not reported it to the House 7
341	341	at the end of 15 legislative days after its introduction, 8
342	342	such committee shall be discharged from further consider-9
343	343	ation of the joint resolution, and it shall be placed on the 10
344	344	appropriate calendar. On the second and fourth Thursdays 11
345	345	of each month it shall be in order at any time for the 12
346	346	Speaker to recognize a Member who favors passage of a 13
347	347	joint resolution that has appeared on the calendar for at 14
348	348	least 5 legislative days to call up that joint resolution for 15
349	349	immediate consideration in the House without intervention 16
350	350	of any point of order. When so called up a joint resolution 17
351	351	shall be considered as read and shall be debatable for 1 18
352	352	hour equally divided and controlled by the proponent and 19
353	353	an opponent, and the previous question shall be considered 20
354	354	as ordered to its passage without intervening motion. It 21
355	355	shall not be in order to reconsider the vote on passage. 22
356	356	If a vote on final passage of the joint resolution has not 23
357	357	been taken by the third Thursday on which the Speaker 24
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361	361	may recognize a Member under this subsection, such vote 1
362	362	shall be taken on that day. 2
363	363	‘‘(f)(1) If, before passing a joint resolution described 3
364	364	in subsection (a), one House receives from the other a 4
365	365	joint resolution having the same text, then— 5
366	366	‘‘(A) the joint resolution of the other House 6
367	367	shall not be referred to a committee; and 7
368	368	‘‘(B) the procedure in the receiving House shall 8
369	369	be the same as if no joint resolution had been re-9
370	370	ceived from the other House until the vote on pas-10
371	371	sage, when the joint resolution received from the 11
372	372	other House shall supplant the joint resolution of 12
373	373	the receiving House. 13
374	374	‘‘(2) This subsection shall not apply to the House of 14
375	375	Representatives if the joint resolution received from the 15
376	376	Senate is a revenue measure. 16
377	377	‘‘(g) If either House has not taken a vote on final 17
378	378	passage of the joint resolution by the last day of the period 18
379	379	described in section 801(b)(2), then such vote shall be 19
380	380	taken on that day. 20
381	381	‘‘(h) This section and section 803 are enacted by 21
382	382	Congress— 22
383	383	‘‘(1) as an exercise of the rulemaking power of 23
384	384	the Senate and House of Representatives, respec-24
385	385	tively, and as such are deemed to be part of the 25
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389	389	rules of each House, respectively, but applicable only 1
390	390	with respect to the procedure to be followed in that 2
391	391	House in the case of a joint resolution described in 3
392	392	subsection (a) and superseding other rules only 4
393	393	where explicitly so; and 5
394	394	‘‘(2) with full recognition of the constitutional 6
395	395	right of either House to change the rules (so far as 7
396	396	they relate to the procedure of that House) at any 8
397	397	time, in the same manner and to the same extent as 9
398	398	in the case of any other rule of that House. 10
399	399	‘‘§ 803. Congressional disapproval procedure for 11
400	400	nonmajor rules 12
401	401	‘‘(a) For purposes of this section, the term ‘joint res-13
402	402	olution’ means only a joint resolution introduced in the 14
403	403	period beginning on the date on which the report referred 15
404	404	to in section 801(a)(1)(A) is received by Congress and 16
405	405	ending 60 days thereafter (excluding days either House 17
406	406	of Congress is adjourned for more than 3 days during a 18
407	407	session of Congress), the matter after the resolving clause 19
408	408	of which is as follows: ‘That Congress disapproves the 20
409	409	nonmajor rule submitted by the lll relating to 21
410	410	lll, and such rule shall have no force or effect.’ (The 22
411	411	blank spaces being appropriately filled in). 23
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415	415	‘‘(b) A joint resolution described in subsection (a) 1
416	416	shall be referred to the committees in each House of Con-2
417	417	gress with jurisdiction. 3
418	418	‘‘(c) In the Senate, if the committee to which is re-4
419	419	ferred a joint resolution described in subsection (a) has 5
420	420	not reported such joint resolution (or an identical joint 6
421	421	resolution) at the end of 15 session days after the date 7
422	422	of introduction of the joint resolution, such committee may 8
423	423	be discharged from further consideration of such joint res-9
424	424	olution upon a petition supported in writing by 30 Mem-10
425	425	bers of the Senate, and such joint resolution shall be 11
426	426	placed on the calendar. 12
427	427	‘‘(d)(1) In the Senate, when the committee to which 13
428	428	a joint resolution is referred has reported, or when a com-14
429	429	mittee is discharged (under subsection (c)) from further 15
430	430	consideration of a joint resolution described in subsection 16
431	431	(a), it is at any time thereafter in order (even though a 17
432	432	previous motion to the same effect has been disagreed to) 18
433	433	for a motion to proceed to the consideration of the joint 19
434	434	resolution, and all points of order against the joint resolu-20
435	435	tion (and against consideration of the joint resolution) are 21
436	436	waived. The motion is not subject to amendment, or to 22
437	437	a motion to postpone, or to a motion to proceed to the 23
438	438	consideration of other business. A motion to reconsider the 24
439	439	vote by which the motion is agreed to or disagreed to shall 25
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442	442	•HR 142 IH
443	443	not be in order. If a motion to proceed to the consideration 1
444	444	of the joint resolution is agreed to, the joint resolution 2
445	445	shall remain the unfinished business of the Senate until 3
446	446	disposed of. 4
447	447	‘‘(2) In the Senate, debate on the joint resolution, 5
448	448	and on all debatable motions and appeals in connection 6
449	449	therewith, shall be limited to not more than 10 hours, 7
450	450	which shall be divided equally between those favoring and 8
451	451	those opposing the joint resolution. A motion to further 9
452	452	limit debate is in order and not debatable. An amendment 10
453	453	to, or a motion to postpone, or a motion to proceed to 11
454	454	the consideration of other business, or a motion to recom-12
455	455	mit the joint resolution is not in order. 13
456	456	‘‘(3) In the Senate, immediately following the conclu-14
457	457	sion of the debate on a joint resolution described in sub-15
458	458	section (a), and a single quorum call at the conclusion of 16
459	459	the debate if requested in accordance with the rules of the 17
460	460	Senate, the vote on final passage of the joint resolution 18
461	461	shall occur. 19
462	462	‘‘(4) Appeals from the decisions of the Chair relating 20
463	463	to the application of the rules of the Senate to the proce-21
464	464	dure relating to a joint resolution described in subsection 22
465	465	(a) shall be decided without debate. 23
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468	468	•HR 142 IH
469	469	‘‘(e) In the Senate, the procedure specified in sub-1
470	470	section (c) or (d) shall not apply to the consideration of 2
471	471	a joint resolution respecting a nonmajor rule— 3
472	472	‘‘(1) after the expiration of the 60 session days 4
473	473	beginning with the applicable submission or publica-5
474	474	tion date; or 6
475	475	‘‘(2) if the report under section 801(a)(1)(A) 7
476	476	was submitted during the period referred to in sec-8
477	477	tion 801(d)(1), after the expiration of the 60 session 9
478	478	days beginning on the 15th session day after the 10
479	479	succeeding session of Congress first convenes. 11
480	480	‘‘(f) If, before the passage by one House of a joint 12
481	481	resolution of that House described in subsection (a), that 13
482	482	House receives from the other House a joint resolution 14
483	483	described in subsection (a), then the following procedures 15
484	484	shall apply: 16
485	485	‘‘(1) The joint resolution of the other House 17
486	486	shall not be referred to a committee. 18
487	487	‘‘(2) With respect to a joint resolution described 19
488	488	in subsection (a) of the House receiving the joint 20
489	489	resolution— 21
490	490	‘‘(A) the procedure in that House shall be 22
491	491	the same as if no joint resolution had been re-23
492	492	ceived from the other House; but 24
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495	495	•HR 142 IH
496	496	‘‘(B) the vote on final passage shall be on 1
497	497	the joint resolution of the other House. 2
498	498	‘‘§ 804. Definitions 3
499	499	‘‘For purposes of this chapter: 4
500	500	‘‘(1) The term ‘Federal agency’ means any 5
501	501	agency as that term is defined in section 551(1). 6
502	502	‘‘(2) The term ‘major rule’ means any rule, in-7
503	503	cluding an interim final rule, that the Administrator 8
504	504	of the Office of Information and Regulatory Affairs 9
505	505	of the Office of Management and Budget finds has 10
506	506	resulted in or is likely to result in— 11
507	507	‘‘(A) an annual effect on the economy of 12
508	508	$100 million or more; 13
509	509	‘‘(B) a major increase in costs or prices for 14
510	510	consumers, individual industries, Federal, 15
511	511	State, or local government agencies, or geo-16
512	512	graphic regions; or 17
513	513	‘‘(C) significant adverse effects on competi-18
514	514	tion, employment, investment, productivity, in-19
515	515	novation, or the ability of United States-based 20
516	516	enterprises to compete with foreign-based enter-21
517	517	prises in domestic and export markets. 22
518	518	‘‘(3) The term ‘nonmajor rule’ means any rule 23
519	519	that is not a major rule. 24
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522	522	•HR 142 IH
523	523	‘‘(4) The term ‘rule’ has the meaning given 1
524	524	such term in section 551, except that such term does 2
525	525	not include— 3
526	526	‘‘(A) any rule of particular applicability, 4
527	527	including a rule that approves or prescribes for 5
528	528	the future rates, wages, prices, services, or al-6
529	529	lowances therefore, corporate or financial struc-7
530	530	tures, reorganizations, mergers, or acquisitions 8
531	531	thereof, or accounting practices or disclosures 9
532	532	bearing on any of the foregoing; 10
533	533	‘‘(B) any rule relating to agency manage-11
534	534	ment or personnel; or 12
535	535	‘‘(C) any rule of agency organization, pro-13
536	536	cedure, or practice that does not substantially 14
537	537	affect the rights or obligations of non-agency 15
538	538	parties. 16
539	539	‘‘(5) The term ‘submission or publication date’, 17
540	540	except as otherwise provided in this chapter, 18
541	541	means— 19
542	542	‘‘(A) in the case of a major rule, the date 20
543	543	on which the Congress receives the report sub-21
544	544	mitted under section 801(a)(1); and 22
545	545	‘‘(B) in the case of a nonmajor rule, the 23
546	546	later of— 24
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549	549	•HR 142 IH
550	550	‘‘(i) the date on which the Congress 1
551	551	receives the report submitted under section 2
552	552	801(a)(1); and 3
553	553	‘‘(ii) the date on which the nonmajor 4
554	554	rule is published in the Federal Register, if 5
555	555	so published. 6
556	556	‘‘§ 805. Judicial review 7
557	557	‘‘(a) No determination, finding, action, or omission 8
558	558	under this chapter shall be subject to judicial review. 9
559	559	‘‘(b) Notwithstanding subsection (a), a court may de-10
560	560	termine whether a Federal agency has completed the nec-11
561	561	essary requirements under this chapter for a rule to take 12
562	562	effect. 13
563	563	‘‘(c) The enactment of a joint resolution of approval 14
564	564	under section 802 shall not be interpreted to serve as a 15
565	565	grant or modification of statutory authority by Congress 16
566	566	for the promulgation of a rule, shall not extinguish or af-17
567	567	fect any claim, whether substantive or procedural, against 18
568	568	any alleged defect in a rule, and shall not form part of 19
569	569	the record before the court in any judicial proceeding con-20
570	570	cerning a rule except for purposes of determining whether 21
571	571	or not the rule is in effect. 22
572	572	‘‘§ 806. Exemption for monetary policy 23
573	573	‘‘Nothing in this chapter shall apply to rules that con-24
574	574	cern monetary policy proposed or implemented by the 25
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577	577	•HR 142 IH
578	578	Board of Governors of the Federal Reserve System or the 1
579	579	Federal Open Market Committee. 2
580	580	‘‘§ 807. Effective date of certain rules 3
581	581	‘‘Notwithstanding section 801— 4
582	582	‘‘(1) any rule that establishes, modifies, opens, 5
583	583	closes, or conducts a regulatory program for a com-6
584	584	mercial, recreational, or subsistence activity related 7
585	585	to hunting, fishing, or camping; or 8
586	586	‘‘(2) any rule other than a major rule which an 9
587	587	agency for good cause finds (and incorporates the 10
588	588	finding and a brief statement of reasons therefore in 11
589	589	the rule issued) that notice and public procedure 12
590	590	thereon are impracticable, unnecessary, or contrary 13
591	591	to the public interest, 14
592	592	shall take effect at such time as the Federal agency pro-15
593	593	mulgating the rule determines.’’. 16
594	594	SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SEC-17
595	595	TION 802 OF TITLE 5, UNITED STATES CODE. 18
596	596	Section 257(b)(2) of the Balanced Budget and Emer-19
597	597	gency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) 20
598	598	is amended by adding at the end the following new sub-21
599	599	paragraph: 22
600	600	‘‘(E) B
601	601	UDGETARY EFFECTS OF RULES 23
602	602	SUBJECT TO SECTION 802 OF TITLE 5 , UNITED 24
603	603	STATES CODE.—Any rule subject to the con-25
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606	606	•HR 142 IH
607	607	gressional approval procedure set forth in sec-1
608	608	tion 802 of chapter 8 of title 5, United States 2
609	609	Code, affecting budget authority, outlays, or re-3
610	610	ceipts shall be assumed to be effective unless it 4
611	611	is not approved in accordance with such sec-5
612	612	tion.’’. 6
613	613	SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 7
614	614	RULES. 8
615	615	(a) I
616	616	NGENERAL.—The Comptroller General of the 9
617	617	United States shall conduct a study to determine, as of 10
618	618	the date of the enactment of this Act— 11
619	619	(1) how many rules (as such term is defined in 12
620	620	section 804 of title 5, United States Code) were in 13
621	621	effect; 14
622	622	(2) how many major rules (as such term is de-15
623	623	fined in section 804 of title 5, United States Code) 16
624	624	were in effect; and 17
625	625	(3) the total estimated economic cost imposed 18
626	626	by all such rules. 19
627	627	(b) R
628	628	EPORT.—Not later than 1 year after the date 20
629	629	of the enactment of this Act, the Comptroller General of 21
630	630	the United States shall submit a report to Congress that 22
631	631	contains the findings of the study conducted under sub-23
632	632	section (a). 24
633	633	Æ
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