S 299 IS
112th CONGRESS
1st Session
S. 299
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 SENATE OF THE UNITED STATES
February 7, 2011
Mr. PAUL (for himself, Mr. DEMINT, Mr. ENSIGN, Mr. GRASSLEY, Mr. COBURN,
Mr. BLUNT, Mr. THUNE, Mr. ENZI, Mr. CORNYN, Mr. HATCH, Mr. CHAMBLISS,
Mr. JOHNSON of Wisconsin, Mr. ISAKSON, Mr. BARRASSO, Mr. WICKER, Ms.
AYOTTE, Mr. SESSIONS, Mr. PORTMAN, Mr. JOHANNS, Mr. BOOZMAN, Mr. VITTER,
Mr. LEE, Mr. INHOFE, Mrs. HUTCHISON, and Mr. RUBIO) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
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' or the `REINS Act'.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings- Congress finds the following:
(1) Section 1 of article I of the United States Constitution grants
all legislative powers to Congress.
(2) 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.
(3) By requiring a vote in Congress, this Act will result in more
carefully drafted and detailed legislation, an improved regulatory
process, and a legislative branch that is truly accountable to the
people of the United States for the laws imposed upon them.
(b) Purpose- The purpose of this Act is to increase accountability for
and transparency in the Federal regulatory process.
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;
and
`(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
