HR 10
112th CONGRESS
1st Session
H. R. 10
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.
IN THE HOUSE OF REPRESENTATIVES
January 20, 2011
Mr. DAVIS of Kentucky (for himself, Mr. SMITH of Texas, Mr. AKIN, Mr. BACHUS,
Mr. BARTLETT, Mr. BARTON of Texas, Mr. BERG, Mr. BISHOP of Utah, Mrs. BLACKBURN,
Mr. BONNER, Mr. BOUSTANY, Mr. BRADY of Texas, Mr. BUCSHON, Mr. BURTON of Indiana,
Mr. CALVERT, Mr. CAMP, Mr. CHAFFETZ, Mr. COBLE, Mr. CRAWFORD, Mr. FARENTHOLD,
Mr. FLORES, Mr. FORTENBERRY, Ms. FOXX, Mr. FRANKS of Arizona, Mr. GALLEGLY,
Mr. GARDNER, Mr. GARRETT, Mr. GERLACH, Mr. GIBBS, Mr. GIBSON, Mr. GOHMERT,
Mr. GOWDY, Mr. GUTHRIE, Ms. HAYWORTH, Mr. HELLER, Mr. HERGER, Mr. HUNTER,
Mr. ISSA, Ms. JENKINS, Mr. JONES, Mr. KING of Iowa, Mr. KINGSTON, Mr. KINZINGER
of Illinois, Mr. KLINE, Mr. LAMBORN, Mr. LATTA, Mr. LEE of New York, Mrs.
LUMMIS, Mr. MANZULLO, Mr. MCCARTHY of California, Mr. MCCLINTOCK, Mr. MCHENRY,
Mr. MCKEON, Mr. MCKINLEY, Mrs. MCMORRIS RODGERS, Mr. MILLER of Florida, Mr.
MULVANEY, Mr. MURPHY of Pennsylvania, Mr. NEUGEBAUER, Mr. NUNES, Mr. NUNNELEE,
Mr. PAUL, Mr. PEARCE, Mr. POMPEO, Mr. POSEY, Mr. PRICE of Georgia, Mr. QUAYLE,
Mr. REICHERT, Mr. ROE of Tennessee, Mr. ROGERS of Kentucky, Mr. ROKITA, Mr.
ROSKAM, Mrs. SCHMIDT, Mr. SCHOCK, Mr. AUSTIN SCOTT of Georgia, Mr. SCOTT of
South Carolina, Mr. SESSIONS, Mr. SIMPSON, Mr. SMITH of Nebraska, Mr. STUTZMAN,
Mr. TERRY, Mr. TIPTON, Mr. UPTON, Mr. WALDEN, Mr. WEST, Mr. WILSON of South
Carolina, and Mr. WITTMAN) introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committee on Rules,
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
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Regulations From the Executive in Need of Scrutiny
Act of 2011'.
SEC. 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.
SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Chapter 8 of title 5, United States Code, is amended to read as follows:
`CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
`801. Congressional review.
`802. Congressional approval procedure for major rules.
`803. Congressional disapproval procedure for nonmajor rules.
`806. Exemption for monetary policy.
`807. Effective date of certain rules.
`Sec. 801. Congressional review
`(a)(1)(A) Before a rule may take effect, the Federal agency promulgating
such rule shall submit to each House of the Congress and to the Comptroller
General a report containing--
`(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 sections 804(2)(A), 804(2)(B), and 804(2)(C);
`(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;
`(ii) the agency's actions pursuant to title 5 of the United States Code,
sections 603, 604, 605, 607, and 609;
`(iii) the agency's actions pursuant to title 2 of the United States Code,
sections 1532, 1533, 1534, and 1535; 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 as provided in section 802(b)(2). The report
of the Comptroller General shall include an assessment of the agency's compliance
with procedural steps required by paragraph (1)(B).
`(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 section 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).
`Sec. 802. Congressional approval procedure for major rules
`(a) For purposes of this section, the term `joint resolution' means only
a joint resolution introduced on or after the date on which the report referred
to in section 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),
the matter after the resolving clause of which is as follows: `That Congress
approves the rule submitted by the X X relating to X
X.' (The blank spaces being appropriately filled in).
`(1) In the House, the majority leader of the House of Representatives (or
his designee) and the minority leader of the House of Representatives (or
his designee) shall introduce such joint resolution described in subsection
(a) (by request), within 3 legislative days after Congress receives the
report referred to in section 801(a)(1)(A).
`(2) In the Senate, the majority leader of the Senate (or his designee)
and the minority leader of the Senate (or his designee) shall introduce
such joint resolution described in subsection (a) (by request), within 3
session days after Congress receives the report referred to in section 801(a)(1)(A).
`(b)(1) A joint resolution described in subsection (a) shall be referred to
the committees in each House of Congress 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) For purposes of this section, the term `submission date' means the date
on which the Congress receives the report submitted under section 801(a)(1).
`(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)(1) In the House of Representatives, 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 legislative 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 appropriate
calendar. A vote on final passage of the resolution shall be taken on or before
the close of the 15th legislative 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.
`(2)(A) A motion in the House of Representatives to proceed to the consideration
of a resolution shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move to reconsider
the vote by which the motion is agreed to or disagreed to.
`(B) Debate in the House of Representatives on a resolution shall be limited
to not more than two hours, which shall be divided equally between those favoring
and those opposing the resolution. A motion to further limit debate shall
not be debatable. No amendment to, or motion to recommit, the resolution shall
be in order. It shall not be in order to reconsider the vote by which a resolution
is agreed to or disagreed to.
`(C) Motions to postpone, made in the House of Representatives with respect
to the consideration of a resolution, and motions to proceed to the consideration
of other business, shall be decided without debate.
`(D) All appeals from the decisions of the Chair relating to the application
of the Rules of the House of Representatives to the procedure relating to
a resolution shall be decided without debate.
`(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 with respect to a joint resolution described in subsection (a) of the
House receiving the joint resolution--
`(1) the procedure in that House shall be the same as if no joint resolution
had been received from the other House; but
`(2) the vote on final passage shall be on the joint resolution of the other
House.
`(g) The enactment of a resolution of approval does not serve as a grant or
modification of statutory authority by Congress for the promulgation of a
rule, does 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.
`(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 it is deemed a 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 it supersedes other rules only to the extent that it is inconsistent
with such rules; and
`(2) with full recognition of the constitutional right of either House to
change the rules (so far as relating 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.
`Sec. 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 X X relating to X X, and such
rule shall have no force or effect.' (The blank spaces being appropriately
filled in).
`(b)(1) A joint resolution described in subsection (a) shall be referred to
the committees in each House of Congress with jurisdiction.
`(2) For purposes of this section, the term submission or publication date
means the later of the date on which--
`(A) the Congress receives the report submitted under section 801(a)(1);
or
`(B) the nonmajor rule is published in the Federal Register, if so published.
`(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.
`Sec. 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 $100,000,000 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.
`Sec. 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.
`Sec. 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.
`Sec. 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.'.
END
