H.R. 277House118th Congress (2023-2025)Passed House

Regulations from the Executive in Need of Scrutiny Act of 2023

Introduced January 11, 2023

AI-Generated Summary

Updated January 20, 2026 at 2:06 AM UTC

The REINS Act amends the federal rulemaking process so that any major regulation issued by an executive agency cannot take effect unless Congress passes a joint resolution approving it. It adds reporting requirements for agencies and creates a fast‑track disapproval process for non‑major rules. The bill applies to most federal rules, with limited exemptions, and directs a study of existing regulations.

Key Provisions

  • Agencies must submit a detailed report to Congress and the Comptroller General before a rule can take effect, including data, cost‑benefit analysis, and constitutional authority.
  • A rule classified as “major” (e.g., $100 million economic impact or significant market effect) must receive a joint resolution of approval; if not approved within 70 legislative days, it cannot become effective.
  • Non‑major rules can be blocked by a joint resolution of disapproval introduced within 60 days of the agency’s report.
  • The Comptroller General must report on each major rule’s compliance and assess its impact on private‑sector activity.
  • Definitions set the threshold for a major rule (economic impact, cost increases, competition effects, or mandatory vaccinations).
  • Exemptions are included for monetary‑policy rules and certain hunting, fishing, or camping regulations.
  • The bill requires the GAO to study how many rules are in effect, how many are major, and their total economic cost, with a report due within one year.
  • Budgetary effects of rules subject to the new approval process are assumed effective unless Congress does not approve them as required.

Legislative Activity

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56 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 103.

June 21, 2023

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HouseIntro Referral

Introduced in House

January 11, 2023

HouseIntro Referral

Referred to the Committee on the Judiciary, and in addition to the Committees on Rules, and the Budget, 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.

January 11, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held

May 24, 2023

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 13 - 5.

May 24, 2023

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 118-84, Part I.

June 1, 2023

HouseCommittee

Committee on Rules discharged.

June 1, 2023

HouseCommittee

Committee on the Budget discharged.

June 1, 2023

HouseCalendars

Placed on the Union Calendar, Calendar No. 61.

June 1, 2023

HouseFloor

Rules Committee Resolution H. Res. 463 Reported to House. Rule provides for consideration of H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. R. 277 under a structured rule with one hour of general debate; H. R. 288 under a structured rule with one hour of general debate; H. R. 1615 under a structured rule with one hour of general debate; and H. R. 1640 under a structured rule with one hour of general debate. One motion to recommit on each measure.

June 5, 2023 • 7:41 PM

HouseFloor

Rules Committee Resolution H. Res. 495 Reported to House. Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.

June 12, 2023 • 9:24 PM

HouseFloor

Considered under the provisions of rule H. Res. 495. (consideration: CR H2865-2872)

June 13, 2023 • 7:43 PM

HouseFloor

Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.

June 13, 2023 • 7:43 PM

HouseFloor

The Speaker designated the Honorable James C. Moylan to act as Chairman of the Committee.

June 13, 2023 • 7:44 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 495 and Rule XVIII.

June 13, 2023 • 7:44 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 277.

June 13, 2023 • 7:44 PM

HouseFloor

Mr. Massie moved that the committee rise.

June 13, 2023 • 8:24 PM

HouseFloor

On motion that the committee rise Agreed to by voice vote.

June 13, 2023 • 8:24 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 277 as unfinished business.

June 13, 2023 • 8:25 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2902-2916; text: CR H2903-2905)

June 14, 2023 • 12:18 PM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

June 14, 2023 • 12:19 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 1.

June 14, 2023 • 12:21 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 2.

June 14, 2023 • 12:28 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 3.

June 14, 2023 • 12:32 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Biggs amendment No. 4.

June 14, 2023 • 12:35 PM

HouseFloor

POSTPONED PROCEEDINGS - At conclusion of debate on the Biggs amendment No. 4, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

June 14, 2023 • 12:42 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Hageman amendment No. 5.

June 14, 2023 • 12:43 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Good (VA) amendment No. 6.

June 14, 2023 • 12:52 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Tony Gonzales (TX) amendment No. 7.

June 14, 2023 • 12:53 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Good (VA) amendment No. 8.

June 14, 2023 • 12:55 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Good (VA) amendment No. 9.

June 14, 2023 • 1:00 PM

HouseFloor

POSTPONED PROCEEDINGS - At conclusion of debate on the Good (VA) amendment No. 9, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

June 14, 2023 • 1:06 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Al Green (TX) amendment No. 10.

June 14, 2023 • 1:07 PM

HouseFloor

POSTPONED PROCEEDINGS - At conclusion of debate on the Al Green (TX) amendment No. 10, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mrs. Hageman demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

June 14, 2023 • 1:11 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Al Green (TX) amendment No. 11.

June 14, 2023 • 1:12 PM

HouseFloor

POSTPONED PROCEEDINGS - At conclusion of debate on the Al Green (TX) amendment No. 11, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Al Green (TX) demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

June 14, 2023 • 1:16 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Houlahan amendment No. 12.

June 14, 2023 • 1:17 PM

HouseFloor

POSTPONED PROCEEDINGS - At conclusion of debate on the Houlahan amendment No. 12, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Ms. Houlahan demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

June 14, 2023 • 1:24 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Joyce (OH) amendment No. 13.

June 14, 2023 • 1:25 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 14.

June 14, 2023 • 1:31 PM

HouseFloor

POSTPONED PROCEEDINGS - At conclusion of debate on the Roy amendment No. 14, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

June 14, 2023 • 1:40 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 15.

June 14, 2023 • 1:41 PM

HouseFloor

POSTPONED PROCEEDINGS - At conclusion of debate on the Roy amendment No. 15, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

June 14, 2023 • 1:50 PM

HouseFloor

Mr. Roy moved that the committee rise.

June 14, 2023 • 1:51 PM

HouseFloor

On motion that the committee rise Agreed to by voice vote.

June 14, 2023 • 1:51 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 277 as unfinished business.

June 14, 2023 • 1:51 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2916-2922)

June 14, 2023 • 2:30 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 277.

June 14, 2023 • 3:38 PM

HouseFloor

The previous question was ordered pursuant to the rule.

June 14, 2023 • 3:38 PM

HouseFloor

The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

June 14, 2023 • 3:39 PM

HouseFloor

Mr. Deluzio moved to recommit to the Committee on the Judiciary. (text: CR H2921)

June 14, 2023 • 3:39 PM

HouseFloor

The previous question was ordered pursuant to clause 2(b) of Rule XIX.

June 14, 2023 • 3:39 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 210 - 220 (Roll no. 264).

June 14, 2023 • 3:46 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 221 - 210 (Roll no. 265).

June 14, 2023 • 3:46 PM

HouseFloor

On passage Passed by the Yeas and Nays: 221 - 210 (Roll no. 265).

June 14, 2023 • 3:46 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 14, 2023 • 3:46 PM

SenateCalendars

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

June 20, 2023

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 103.

June 21, 2023

Floor Debate

16 members

What members said about H.R. 277 on the floor

9 Republicans7 Democrats
Thomas Massie
Rep. Thomas MassieR-KY-4 · Jun 13, 2023

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 495 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · Jun 14, 2023

Mr. Chairman, I claim the time in opposition to the amendment. Mr. Chairman, I yield myself such time as I may consume. This amendment requires the Comptroller General to include an estimate of a…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Jun 13, 2023

Mr. Speaker, I thank the gentleman from Kentucky for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, it is great to see you again. How are you? It…

Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Jun 6, 2023

Madam Speaker, I yield myself such time as I may consume, and I thank the gentleman from Kentucky for yielding me the customary 30 minutes. With all the very real issues facing our great Nation, it…

Thomas Massie
Rep. Thomas MassieR-KY-4 · Jun 6, 2023

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 463 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Show 8 more
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 13, 2023

Mr. Speaker, I thank the gentleman for yielding time. This really is about saving lives. Eight children a day die from gun violence. In addition, 40,000 Americans die from gun violence throughout the…

Chip Roy
Rep. Chip RoyR-TX-21 · Jun 14, 2023

Madam Chair, I have an amendment at the desk. Madam Chair, it has been a treat listening to my colleagues with their newfound respect for private business and not wanting to have regulatory…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · Jun 13, 2023

Mr. Chair, today, we are considering a bill that would require both houses of Congress to vote to approve, and for the President to sign, a motion of approval for any major rule in progress from our…

Harriet M. Hageman
Rep. Harriet M. HagemanR-WY · Jun 14, 2023

Mr. Chair, I rise today on behalf of Mr. Cloud of Texas to offer amendment No. 5 to H.R. 277, the REINS Act. Mr. Chair, I am proud to be a cosponsor of the REINS Act, which is an important effort to…

Thomas Massie
Rep. Thomas MassieR-KY-4 · Jun 13, 2023

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 277. Mr. Chair, I yield myself…

Kat Cammack
Rep. Kat CammackR-FL-3 · Jun 13, 2023

Mr. Chairman, I rise today in strong support of my bill, H.R. 277, the REINS Act, the largest regulatory reform bill in American history. I know that sounds pretty major, but the REINS Act is…

Lauren Boebert
Rep. Lauren BoebertR-CO-3 · Jun 14, 2023

Mr. Chair, I have an amendment at the desk. Mr. Chair, I yield myself such time as I may consume. I rise in favor of amendment No. 1 as it revises the Comptroller General's congressional review…

Bob Good
Rep. Bob GoodR-VA-5 · Jun 14, 2023

Mr. Chair, I rise as the designee of Mr. Clyde from Georgia. Mr. Chair, again, I rise in support of the Mr. Clyde's amendment to the REINS Act. This amendment simply says that if requested in writing…

Show 11 more
Chip Roy
Rep. Chip RoyR-TX-21 · Jun 13, 2023

Mr. Speaker, I appreciate the gentleman from Kentucky for yielding me time. Mr. Speaker, here we are engaging in the theater of the absurd, yet again, from our colleagues on the other side of the…

Kat Cammack
Rep. Kat CammackR-FL-3 · Jun 6, 2023

Mr. Speaker, I thank my good friend and colleague from the great State of Kentucky for yielding me time. I rise in strong support of this rule which would provide for consideration of my bill, the…

Bill Posey
Rep. Bill PoseyR-FL-8 · Jun 13, 2023

Mr. Chairman, I thank the gentleman from Kentucky for yielding today. Today, the issue is rules reform. Let's answer some commonly asked questions about agency rules. Question number one: What is a…

Al Green
Rep. Al GreenD-TX-9 · Jun 14, 2023

Mr. Chair, I have an amendment at the desk. Mr. Chairman, I thank the chair and ranking member of the full committee that has jurisdiction of these issues. I am grateful to have the opportunity to…

Chrissy Houlahan
Rep. Chrissy HoulahanD-PA-6 · Jun 14, 2023

Madam Chair, I have an amendment at the desk. Madam Chair, today I rise in support of my amendment which would simply require Congress to approve by vote any regulation with an economic impact over…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 6, 2023

Mr. Speaker, I thank the gentlewoman from Pennsylvania and my good friend from Kentucky for their leadership. Mr. Speaker, I think it is extremely important to assure the American people--and…

Lloyd Doggett
Rep. Lloyd DoggettD-TX-37 · Jun 6, 2023

Madam Speaker, since Austin, deep in the heart of fossil-fueled Texas, is the only place I have ever called home, I don't believe I have ever been in a home without a gas stove. But I certainly don't…

Chip Roy
Rep. Chip RoyR-TX-21 · Jun 6, 2023

Mr. Speaker, I thank my friend from Kentucky for yielding. Mr. Speaker, he is completely correct. The only constitutional infirmity is the extent to which we are allowing bureaucrats to make up the…

Harriet M. Hageman
Rep. Harriet M. HagemanR-WY · Jun 13, 2023

Mr. Chair, the power of the administrative state to impose radical and unpopular policies that could never be passed by Congress violates the separation of powers established by the Constitution and…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Jun 14, 2023

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. My amendment is needed to lower the economic threshold of the REINS Act to $50 million,…

Tom McClintock
Rep. Tom McClintockR-CA-5 · Jun 13, 2023

Mr. Chairman, this bill presents a question that is fundamental to the central architecture of our Republic: Who is to make law? This has been pointed out, and the Constitution is very clear on this:…

Bill Text

4 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued June 21, 2023

II

Calendar No. 103

118th CONGRESS

1st Session

H. R. 277

IN THE SENATE OF THE UNITED STATES

June 20, 2023

Received; read the first time

June 21, 2023

Read the second time and placed on the calendar

AN ACT

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 2023 or the REINS Act of 2023.

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.

808. Review of rules currently in effect.

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 finding, rendered in consultation with the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, whether the rule is a major or nonmajor rule, including an explanation of the finding 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;

(v)

the proposed effective date of the rule; and

(vi)

a statement of the constitutional authority authorizing the agency to make 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 (and to each committee of jurisdiction in each House)—

(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;

(iv)

an estimate of the effect on inflation of the rule; and

(v)

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.

(D)

If requested in writing by a member of Congress—

(i)

the Comptroller General shall make a determination whether an agency action qualifies as a rule for purposes of this chapter, and shall submit to Congress this determination not later than 60 days after the date of the request; and

(ii)

the Comptroller General, in consultation with the Director of the Congressional Budget Office, shall make a determination whether a rule is considered a major rule under the provisions of this act, and shall submit to Congress this determination not later than 90 days after the date of the request.

For purposes of this section, a determination under this subparagraph shall be deemed to be a report under subparagraph (A).
(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 (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 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 or the Federal agency promulgating such rule 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;

(C)

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

(D)

in an increase in mandatory vaccinations.

(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—

(A)

includes interpretative rules, general statements of policy, and all other agency guidance documents; and

(B)

does not include—

(i)

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;

(ii)

any rule relating to agency management or personnel; or

(iii)

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.
808.

Review of rules currently in effect

(a)

Annual review

Beginning on the date that is 6 months after the date of enactment of this section and annually thereafter for the 4 years following, each agency shall designate not less than 20 percent of eligible rules made by that agency for review, and shall submit a report including each such eligible rule in the same manner as a report under section 801(a)(1). Section 801, section 802, and section 803 shall apply to each such rule, subject to subsection (c) of this section. No eligible rule previously designated may be designated again.

(b)

Sunset for eligible rules not extended

Beginning after the date that is 5 years after the date of enactment of this section, if Congress has not enacted a joint resolution of approval for that eligible rule, that eligible rule shall not continue in effect.

(c)

Approval of Rules

(1)

Unless Congress approves all eligible rules designated by executive agencies for review within 90 days of designation, they shall have no effect.

(2)

A single joint resolution of approval shall apply to all eligible rules in a report designated for a year as follows: That Congress approves the rules submitted by the___ for the year ___. (The blank spaces being appropriately filled in).

(3)

A member of either House may move that a separate joint resolution be required for a specified rule.

(d)

Definition

In this section, the term eligible rule means a rule that is in effect as of the date of enactment of this section.

.

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 rule 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 (and publish the report on the website of the Comptroller General) to Congress that contains the findings of the study conducted under subsection (a).

Passed the House of Representatives June 14, 2023.

Cheryl L. Johnson,

Clerk.

Lisa P. Grant,

Deputy Clerk.

June 21, 2023

Read the second time and placed on the calendar