S. 21Senate115th Congress (2017-2019)In Committee

Regulations from the Executive in Need of Scrutiny Act of 2017

Sponsored by Rand PaulSen. Rand Paul (R-KY)
Introduced January 4, 2017

AI-Generated Summary

Updated April 15, 2026 at 11:23 AM UTC

The Regulations from the Executive in Need of Scrutiny (REINS) Act changes the federal rulemaking process by requiring that any "major" rule issued by an executive agency can only take effect after Congress passes a joint resolution approving it. The bill adds reporting requirements for agencies, defines what counts as a major rule, and sets fast‑track procedures for congressional approval or disapproval. It affects all federal agencies that issue regulations and the public subject to those rules.

Key Provisions

  • Agencies must submit a detailed report to Congress and the Comptroller General before a rule can take effect, including the rule text, cost‑benefit analysis, and economic impact.
  • A "major rule" is defined as one that would have an annual economic effect of $100 million or more, or cause significant cost, price, or competitive impacts.
  • Major rules cannot become effective unless Congress enacts a joint resolution of approval within 70 legislative/session days; otherwise the rule is void.
  • Non‑major rules can be blocked by a joint resolution of disapproval introduced within 60 days of the agency’s report.
  • The joint resolution process is streamlined: no amendments, limited debate (2 hours for major rules, 10 hours for non‑major), and automatic discharge of committees after set time limits.
  • Rules related to monetary policy by the Federal Reserve are exempt, and certain hunting, fishing, or emergency rules may take effect immediately.
  • Judicial review is limited to determining whether agencies complied with the new procedures; the approval resolution does not alter the agency’s statutory authority.
  • The bill adds a budget‑effect assumption that rules subject to the approval process are treated as effective for budgeting unless not approved.
  • The Government Accountability Office must study and report on the number and cost of existing major and non‑major rules within one year of enactment.

Legislative Activity

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4 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 239.

October 16, 2017

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SenateIntro Referral

Introduced in Senate

January 4, 2017

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

January 4, 2017

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.

May 17, 2017

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-169. Minority views filed.

October 16, 2017

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 239.

October 16, 2017

Floor Debate

24 members

What members said about S. 21 on the floor

12 Republicans12 Democrats
Amy Klobuchar
Sen. Amy KlobucharD-MN · Sep 13, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise to discuss a very important amendment that has broad support. That is the…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · Sep 13, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, we have seen the chaos and confusion created by the President's rescission of DACA that has…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Sep 13, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, as the Senate considers the annual authorization of our military and national defense programs,…

John Thune
Sen. John ThuneR-SD · Sep 13, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, last week I came down to the Senate floor to talk about the need for tax reform. One of the most…

John Cornyn
Sen. John CornynR-TX · Sep 13, 2017

The following Senator is necessarily absent: the Senator from Florida (Mr. Rubio). Further, if present and voting, the Senator from Florida (Mr. Rubio) would have voted ``yea.'' Madam President, the…

Show 8 more
John McCain
Sen. John McCainR-AZ · Sep 13, 2017

Mr. President, I call up substitute amendment No. 1003. I ask unanimous consent that the reading of the amendment be dispensed with. Mr. President, I understand Senator Paul is on his way to discuss…

Rand Paul
Sen. Rand PaulR-KY · Sep 13, 2017

Mr. President, for the first time in 15 years, we are debating the congressional role in the declaration of war. We have fought the longest war in U.S. history under an original authorization to go…

Roy Blunt
Sen. Roy BluntR-MO · Sep 13, 2017

Mr. President, I join my colleague Senator Thune in talking about the Defense Authorization Act, which is the bill that is before the Senate right now. The preamble to the Constitution says that one…

John Barrasso
Sen. John BarrassoR-WY · Sep 13, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I think it is clear to people all across America that the U.S. healthcare system needs reform.…

Jon Tester
Sen. Jon TesterD-MT · Sep 13, 2017

Mr. President, thank you for the opportunity to speak on the floor. The images and stories we have witnessed in the aftermath of Hurricanes Harvey and Irma are devastating. I want to thank every…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Sep 13, 2017

Mr. President, earlier this week, we commemorated the 16th anniversary of the attack on our country on September 11. It was a day that I think none of us will ever forget. We were attacked, and we…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Sep 13, 2017

Mr. President, the National Defense Authorization Act before us is more than just an important defense policy bill; it shows what we value as a nation. In Michigan, we value our freedom. We cherish…

Jerry Moran
Sen. Jerry MoranR-KS · Sep 13, 2017

Mr. President, thank you. Prior to arriving in the U.S. Senate after the election of 2010, I was a Member of the House of Representatives, and I am one of the 30 percent of us in Congress today who…

Show 11 more
Joe Donnelly
Sen. Joe DonnellyD-IN · Sep 13, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise to discuss my legislation, which seeks to prevent American workers from losing their jobs…

Johnny Isakson
Sen. Johnny IsaksonR-GA · Sep 13, 2017

Mr. President, I rise for two purposes--principally, to support this legislation and to thank Ranking Member Reed and Chairman McCain and the other Members of the Senate for the contributions they…

Tammy Baldwin
Sen. Tammy BaldwinD-WI · Sep 13, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise to speak about an amendment that I have submitted to restore ``Buy American'' standards…

Mike Rounds
Sen. Mike RoundsR-SD · Sep 13, 2017

Mr. President, as the Senate considers the National Defense Authorization Act, or the NDAA, I rise today to discuss a simple amendment in support of my constituents in South Dakota who are military…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 13, 2017

Mr. President, I want to stand in support of the statement just made by my colleague from the Commonwealth of Maryland. He knows, as I know, that our responsibilities as U.S. Senators include…

Christopher Murphy
Sen. Christopher MurphyD-CT · Sep 13, 2017

Mr. President, first let me lend my support to efforts to bring amendments before the floor later today or later this week with respect to strengthening our Nation's ``Buy American'' laws. This has…

Ted Cruz
Sen. Ted CruzR-TX · Mar 13, 2017

Mr. President, I rise today to commend the Senate for taking up legislation that I have introduced, along with my colleague in the House, Chairman Kevin Brady, to reverse yet another instance of…

Roger F. Wicker
Sen. Roger F. WickerR-MS · Sep 13, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, at some point during the course of this debate on the National Defense Authorization Act, the…

Christopher A. Coons
Sen. Christopher A. CoonsD-DE · Sep 13, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I would like to speak briefly about the amendment just voted upon by this Chamber, an amendment…

Bob Corker
Sen. Bob CorkerR-TN · Sep 13, 2017

Madam President, I agree with so much of what the Senator from Arizona just said. We are getting ready to go through a procedural motion that I just want to briefly explain. Senator Paul has offered…

Jack Reed
Sen. Jack ReedD-RI · Sep 13, 2017

Mr. President, reserving the right to object, I ask if the Senator from Kansas would modify the request and I be allowed to speak for up to 5 minutes before Senator McCain? Madam President, Senator…

Bill Text

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Latest
Reported to SenateIssued October 16, 2017

II

Calendar No. 239

115th CONGRESS

1st Session

S. 21

[Report No. 115–169]

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, Mr. Cassidy, Mr. Wicker, Mr. Cornyn, Mr. Risch, Mr. Perdue, Mr. Portman, Mr. Flake, Mr. Kennedy, Mr. Isakson, Mr. Rubio, and Mr. Strange) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

October 16, 2017

Reported by Mr. Johnson, with amendments

Omit the part struck through and insert the part printed in italic

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.

Short title

This Act may be cited as the Regulations from the Executive in Need of Scrutiny Act of 2017.

2.

Purpose

The purpose of this Act is to increase accountability for and transparency in the Federal regulatory process. Section 1 of article I of the United States Constitution grants all legislative powers to Congress. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. By requiring a vote in Congress, the REINS Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people for the laws imposed upon them.

3.

Congressional review of agency rulemaking

Chapter 8 of title 5, United States Code, is amended to read as follows:

8

Congressional Review 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.

801.

Congressional review

(a)
(1)
(A)

Before a rule may take effect, the Federal agency promulgating such rule shall publish in the Federal Register a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing—

(i)

a copy of the rule;

(ii)

a concise general statement relating to the rule;

(iii)

a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2);

(iv)

a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and

(v)

the proposed effective date of the rule.

(B)

On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress—

(i)

a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs;

(ii)

the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title;

(iii)

the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and

(iv)

any other relevant information or requirements under any other Act and any relevant Executive orders.

(C)

Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued.

(2)
(A)

The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity.

(B)

Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A).

(3)

A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later.

(4)

A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1).

(5)

If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate.

(b)
(1)

A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802.

(2)

If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in subsection 801(a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect.

(c)
(1)

Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress.

(2)

Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is—

(A)

necessary because of an imminent threat to health or safety or other emergency;

(B)

necessary for the enforcement of criminal laws;

(C)

necessary for national security; or

(D)

issued pursuant to any statute implementing an international trade agreement.

(3)

An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802.

(d)
(1)

In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring—

(A)

in the case of the Senate, 60 session days; or

(B)

in the case of the House of Representatives, 60 legislative days,

before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress.
(2)
(A)

In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though—

(i)

such rule were published in the Federal Register on—

(I)

in the case of the Senate, the 15th session day; or

(II)

in the case of the House of Representatives, the 15th legislative day,

after the succeeding session of Congress first convenes; and
(ii)

a report on such rule were submitted to Congress under subsection (a)(1) on such date.

(B)

Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect.

(3)

A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).

802.

Congressional approval procedure for major rules

(a)
(1)

For purposes of this section, the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that—

(A)

bears no preamble;

(B)

bears the following title (with blanks filled as appropriate): Approving the rule submitted by ___ relating to ___.;

(C)

includes after its resolving clause only the following (with blanks filled as appropriate): That Congress approves the rule submitted by ___ relating to ___.; and

(D)

is introduced pursuant to paragraph (2).

(2)

After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)—

(A)

in the case of the House of Representatives, within 3 legislative days; and

(B)

in the case of the Senate, within 3 session days.

(3)

A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding.

(b)

A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued.

(c)

In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.

(d)
(1)

In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished 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 therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

(3)

In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (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.

(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 House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day.

(f)
(1)

If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then—

(A)

the joint resolution of the other House shall not be referred to a committee; and

(B)

the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House.

(2)

This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure.

(g)

If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day.

(h)

This section and section 803 are enacted by Congress—

(1)

as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is are deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and

(2)

with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

803.

Congressional disapproval procedure for nonmajor rules

(a)

For purposes of this section, the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress disapproves the nonmajor rule submitted by the ___ relating to ___ , and such rule shall have no force or effect. (The blank spaces being appropriately filled in).

(b)

A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.

(c)

In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.

(d)
(1)

In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished 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 therewith, 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 debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

(3)

In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (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.

(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 publication 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 resolution 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 resolution—

(A)

the procedure in that House shall be the same as if no joint resolution had been received 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 agency as that term is defined in section 551(1).

(2)

The term major rule means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in—

(A)

an annual effect on the economy of $100 million or more;

(B)

a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or

(C)

significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.

(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 allowances 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 management or personnel; or

(C)

any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.

(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 submitted under section 801(a)(1); and

(B)

in the case of a nonmajor rule, the later of—

(i)

the date on which the Congress receives 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 determine whether a Federal agency has completed the necessary 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 concern 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 commercial, 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 promulgating the rule determines.

.

4.

Budgetary effects of rules subject to section 802 of title 5, United States Code

Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended by adding at the end the following new subparagraph:

(E)

Budgetary effects of rules subject to section 802 of title 5, United States Code

Any rules subject to the congressional 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.

.

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 effect;

(2)

how many major rules (as such term is defined 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 contains the findings of the study conducted under subsection (a).

October 16, 2017

Reported with amendments