II 

113TH CONGRESS 

1ST SESSION S. 15 

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 26, 2013 

Mr. PAUL (for himself, Mr. LEE, Mr. RUBIO, Ms. AYOTTE, Mr. MORAN, Mr. 

MANCHIN, Mr. GRASSLEY, Mrs. FISCHER, Mr. ROBERTS, Mr. ISAKSON, 

Mr. ENZI, Mr. VITTER, Mr. PORTMAN, Mr. JOHNSON of Wisconsin, Mr. 

CORNYN, Mr. CRAPO, Mr. FLAKE, Mr. CHAMBLISS, Mr. BARRASSO, Mr. 

SESSIONS, and Mr. INHOFE) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regulations From the 

5 Executive in Need of Scrutiny Act of 2013’’ or the 

6 ‘‘REINS Act’’. 


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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) Section 1 of article I of the United States 

4 Constitution grants all legislative powers to Con5 gress. 

6 (2) Over time, Congress has excessively dele7 gated its constitutional charge while failing to con8 duct appropriate oversight and retain accountability 

9 for the content of the laws it passes. 

10 (3) By requiring a vote in Congress, the 

11 REINS Act will result in more carefully drafted and 

12 detailed legislation, an improved regulatory process, 

13 and a legislative branch that is truly accountable to 

14 the people of the United States for the laws imposed 

15 upon them. 

16 (b) PURPOSE.—The purpose of this Act is to increase 

17 accountability for and transparency in the Federal regu18 latory process. 

19 SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE20 MAKING. 

21 Chapter 8 of title 5, United States Code, is amended 

22 to read as follows: 

23 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

24 OF AGENCY RULEMAKING 

‘‘Sec. 

‘‘801. Congressional review. 

‘‘802. Congressional approval procedure for major rules. 


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‘‘803. Congressional disapproval procedure for nonmajor rules. 

‘‘804. Definitions. 

‘‘805. Judicial review. 

‘‘806. Exemption for monetary policy. 

‘‘807. Effective date of certain rules. 

1 ‘‘§ 801. Congressional review 

2 ‘‘(a)(1)(A) Before a rule may take effect, the Federal 

3 agency promulgating such rule shall submit to each House 

4 of Congress and to the Comptroller General a report con5 taining— 

6 ‘‘(i) a copy of the rule; 

7 ‘‘(ii) a concise general statement relating to the 

8 rule; 

9 ‘‘(iii) a classification of the rule as a major or 

10 nonmajor rule, including an explanation of the clas11 sification specifically addressing each criteria for a 

12 major rule contained within sections 804(2)(A), 

13 804(2)(B), and 804(2)(C); 

14 ‘‘(iv) a list of any other related regulatory ac15 tions intended to implement the same statutory pro16 vision or regulatory objective as well as the indi17 vidual and aggregate economic effects of those ac18 tions; and 

19 ‘‘(v) the proposed effective date of the rule. 

20 ‘‘(B) On the date of the submission of the report 

21 under subparagraph (A), the Federal agency promulgating 

22 the rule shall submit to the Comptroller General and make 

23 available to each House of Congress— 


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1 ‘‘(i) a complete copy of the cost-benefit analysis 

2 of the rule, if any; 

3 ‘‘(ii) the actions of the agency pursuant to sec4 tions 603, 604, 605, 607, and 609 of title 5, United 

5 States Code; 

6 ‘‘(iii) the actions of the agency pursuant to sec7 tions 1532, 1533, 1534, and 1535 of title 2, United 

8 States Code; and 

9 ‘‘(iv) any other relevant information or require10 ments under any other Act and any relevant Execu11 tive orders. 

12 ‘‘(C) Upon receipt of a report submitted under sub13 paragraph (A), each House shall provide copies of the re14 port to the chairman and ranking member of each stand15 ing committee with jurisdiction under the rules of the 

16 House of Representatives or the Senate to report a bill 

17 to amend the provision of law under which the rule is 

18 issued. 

19 ‘‘(2)(A) The Comptroller General shall provide a re20 port on each major rule to the committees of jurisdiction 

21 by the end of 15 calendar days after the submission or 

22 publication date as provided in section 802(b)(2). The re23 port of the Comptroller General shall include an assess24 ment of compliance by the agency with procedural steps 

25 required by paragraph (1)(B). 


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1 ‘‘(B) Federal agencies shall cooperate with the Comp2 troller General by providing information relevant to the 

3 Comptroller General’s report under subparagraph (A). 

4 ‘‘(3) A major rule relating to a report submitted 

5 under paragraph (1) shall take effect upon enactment of 

6 a joint resolution of approval described in section 802 or 

7 as provided for in the rule following enactment of a joint 

8 resolution of approval described in section 802, whichever 

9 is later. 

10 ‘‘(4) A nonmajor rule shall take effect as provided 

11 by section 803 after submission to Congress under para12 graph (1). 

13 ‘‘(5) If a joint resolution of approval relating to a 

14 major rule is not enacted within the period provided in 

15 subsection (b)(2), then a joint resolution of approval relat16 ing to the same rule may not be considered under this 

17 chapter in the same Congress by either the House of Rep18 resentatives or the Senate. 

19 ‘‘(b)(1) A major rule shall not take effect unless the 

20 Congress enacts a joint resolution of approval described 

21 under section 802. 

22 ‘‘(2) If a joint resolution described in subsection (a) 

23 is not enacted into law by the end of 70 session days or 

24 legislative days, as applicable, beginning on the date on 

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1 ceived by Congress (excluding days either House of Con2 gress is adjourned for more than 3 days during a session 

3 of Congress), then the rule described in that resolution 

4 shall be deemed not to be approved and such rule shall 

5 not take effect. 

6 ‘‘(c)(1) Notwithstanding any other provision of this 

7 section (except subject to paragraph (3)), a major rule 

8 may take effect for one 90-calendar-day period if the 

9 President makes a determination under paragraph (2) and 

10 submits written notice of such determination to the Con11 gress. 

12 ‘‘(2) Paragraph (1) applies to a determination made 

13 by the President by Executive order that the major rule 

14 should take effect because such rule is— 

15 ‘‘(A) necessary because of an imminent threat 

16 to health or safety or other emergency; 

17 ‘‘(B) necessary for the enforcement of criminal 

18 laws; 

19 ‘‘(C) necessary for national security; or 

20 ‘‘(D) issued pursuant to any statute imple21 menting an international trade agreement. 

22 ‘‘(3) An exercise by the President of the authority 

23 under this subsection shall have no effect on the proce24 dures under section 802. 


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1 ‘‘(d)(1) In addition to the opportunity for review oth2 erwise provided under this chapter, sections 802 and 803 

3 shall apply, in the succeeding session of Congress, to any 

4 rule for which a report was submitted in accordance with 

5 subsection (a)(1)(A) during the period beginning on the 

6 date occurring— 

7 ‘‘(A) in the case of the Senate, 60 session days 

8 before the date the Congress is scheduled to adjourn 

9 a session of Congress through the date on which the 

10 same or succeeding Congress first convenes its next 

11 session; or 

12 ‘‘(B) in the case of the House of Representa13 tives, 60 legislative days before the date the Con14 gress is scheduled to adjourn a session of Congress 

15 through the date on which the same or succeeding 

16 Congress first convenes its next session. 

17 ‘‘(2)(A) In applying sections 802 and 803 for pur18 poses of such additional review, a rule described under 

19 paragraph (1) shall be treated as though— 

20 ‘‘(i) such rule were published in the Federal 

21 Register on— 

22 ‘‘(I) in the case of the Senate, the 15th 

23 session day after the succeeding session of Con24 gress first convenes; or 


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1 ‘‘(II) in the case of the House of Rep2 resentatives, the 15th legislative day after the 

3 succeeding session of Congress first convenes; 

4 and 

5 ‘‘(ii) a report on such rule were submitted to 

6 Congress under subsection (a)(1) on such date. 

7 ‘‘(B) Nothing in this paragraph shall be construed 

8 to affect the requirement under subsection (a)(1) that a 

9 report shall be submitted to Congress before a rule can 

10 take effect. 

11 ‘‘(3) A rule described under paragraph (1) shall take 

12 effect as otherwise provided by law (including other sub13 sections of this section). 

14 ‘‘§ 802. Congressional approval procedure for major 

15 rules 

16 ‘‘(a)(1) For purposes of this section, the term ‘joint 

17 resolution’ means only a joint resolution addressing a re18 port classifying a rule as major pursuant to section 

19 801(a)(1)(A)(iii) that— 

20 ‘‘(A) bears no preamble; 

21 ‘‘(B) bears the following title: ‘Approving the 

22 rule submitted by lll relating to lll.’ (The 

23 blank spaces being appropriately filled in); 

24 ‘‘(C) includes after its resolving clause only the 

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1 mitted by lll relating to lll.’ (The blank 

2 spaces being appropriately filled in); and 

3 ‘‘(D) is introduced pursuant to paragraph (2). 

4 ‘‘(2) After a House of Congress receives a report 

5 classifying a rule as major pursuant to section 

6 801(a)(1)(A)(iii), the majority leader of that House (or 

7 the designee of the majority leader) shall introduce (by 

8 request, if appropriate) a joint resolution described in 

9 paragraph (1)— 

10 ‘‘(A) in the case of the House of Representa11 tives, within 3 legislative days; and 

12 ‘‘(B) in the case of the Senate, within 3 session 

13 days. 

14 ‘‘(3) A joint resolution described in paragraph (1) 

15 shall not be subject to amendment at any stage of pro16 ceeding. 

17 ‘‘(b) A joint resolution described in subsection (a) 

18 shall be referred in each House of Congress to the commit19 tees having jurisdiction over the provision of law under 

20 which the rule is issued. 

21 ‘‘(c) In the Senate, if the committee or committees 

22 to which a joint resolution described in subsection (a) has 

23 been referred have not reported it at the end of 15 session 

24 days after its introduction, such committee or committees 

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1 ation of the resolution and it shall be placed on the cal2 endar. A vote on final passage of the resolution shall be 

3 taken on or before the close of the 15th session day after 

4 the resolution is reported by the committee or committees 

5 to which it was referred, or after such committee or com6 mittees have been discharged from further consideration 

7 of the resolution. 

8 ‘‘(d)(1) In the Senate, when the committee or com9 mittees to which a joint resolution is referred have re10 ported, or when a committee or committees are discharged 

11 (under subsection (c)) from further consideration of a 

12 joint resolution described in subsection (a), it is at any 

13 time thereafter in order (even though a previous motion 

14 to the same effect has been disagreed to) for a motion 

15 to proceed to the consideration of the joint resolution, and 

16 all points of order against the joint resolution (and against 

17 consideration of the joint resolution) are waived. The mo18 tion is not subject to amendment, or to a motion to post19 pone, or to a motion to proceed to the consideration of 

20 other business. A motion to reconsider the vote by which 

21 the motion is agreed to or disagreed to shall not be in 

22 order. If a motion to proceed to the consideration of the 

23 joint resolution is agreed to, the joint resolution shall re24 main the unfinished business of the Senate until disposed 

25 of. 


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1 ‘‘(2) In the Senate, debate on the joint resolution, 

2 and on all debatable motions and appeals in connection 

3 therewith, shall be limited to not more than 2 hours, which 

4 shall be divided equally between those favoring and those 

5 opposing the joint resolution. A motion to further limit 

6 debate is in order and not debatable. An amendment to, 

7 or a motion to postpone, or a motion to proceed to the 

8 consideration of other business, or a motion to recommit 

9 the joint resolution is not in order. 

10 ‘‘(3) In the Senate, immediately following the conclu11 sion of the debate on a joint resolution described in sub12 section (a), and a single quorum call at the conclusion of 

13 the debate if requested in accordance with the rules of the 

14 Senate, the vote on final passage of the joint resolution 

15 shall occur. 

16 ‘‘(4) Appeals from the decisions of the Chair relating 

17 to the application of the rules of the Senate to the proce18 dure relating to a joint resolution described in subsection 

19 (a) shall be decided without debate. 

20 ‘‘(e) In the House of Representatives, if the com21 mittee or committees to which a joint resolution described 

22 in subsection (a) has been referred has not reported it to 

23 the House at the end of 15 legislative days after its intro24 duction, such committee or committees shall be discharged 

25 from further consideration of the joint resolution, and it 


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1 shall be placed on the appropriate calendar. On the second 

2 and fourth Thursdays of each month it shall be in order 

3 at any time for the Speaker to recognize a Member who 

4 favors passage of a joint resolution that has appeared on 

5 the calendar for not fewer than 5 legislative days to call 

6 up the joint resolution for immediate consideration in the 

7 House without intervention of any point of order. When 

8 so called up, a joint resolution shall be considered as read 

9 and shall be debatable for 1 hour equally divided and con10 trolled by the proponent and an opponent, and the pre11 vious question shall be considered as ordered to its pas12 sage without intervening motion. It shall not be in order 

13 to reconsider the vote on passage. If a vote on final pas14 sage of the joint resolution has not been taken by the third 

15 Thursday on which the Speaker may recognize a Member 

16 under this subsection, such vote shall be taken on that 

17 day. 

18 ‘‘(f)(1) For purposes of this subsection, the term 

19 ‘identical joint resolution’ means a joint resolution of the 

20 first House that proposes to approve the same major rule 

21 as a joint resolution of the second House. 

22 ‘‘(2) If the second House receives from the first 

23 House a joint resolution, the Chair shall determine wheth24 er the joint resolution is an identical joint resolution. 


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1 ‘‘(3) If the second House receives an identical joint 

2 resolution— 

3 ‘‘(A) the identical joint resolution shall not be 

4 referred to a committee; and 

5 ‘‘(B) the procedure in the second House shall 

6 be the same as if no joint resolution had been re7 ceived from the first house, except that the vote on 

8 final passage shall be on the identical joint resolu9 tion. 

10 ‘‘(4) This subsection shall not apply to the House of 

11 Representatives if the joint resolution received from the 

12 Senate is a revenue measure. 

13 ‘‘(g) If either House has not taken a vote on final 

14 passage of the joint resolution by the last day of the period 

15 described in section 801(b)(2), then such vote shall be 

16 taken on that day. 

17 ‘‘(h) This section and section 803 are enacted by 

18 Congress— 

19 ‘‘(1) as an exercise of the rulemaking power of 

20 the Senate and House of Representatives, respec21 tively, and as such is deemed to be part of the rules 

22 of each House, respectively, but applicable only with 

23 respect to the procedure to be followed in that 

24 House in the case of a joint resolution described in 


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1 subsection (a) and superseding other rules only 

2 where explicitly so; and 

3 ‘‘(2) with full recognition of the constitutional 

4 right of either House to change the rules (so far as 

5 they relate to the procedure of that House) at any 

6 time, in the same manner and to the same extent as 

7 in the case of any other rule of that House. 

8 ‘‘§ 803. Congressional disapproval procedure for 

9 nonmajor rules 

10 ‘‘(a) For purposes of this section, the term ‘joint res11 olution’ means only a joint resolution introduced in the 

12 period beginning on the date on which the report referred 

13 to in section 801(a)(1)(A) is received by Congress and 

14 ending 60 days thereafter (excluding days either House 

15 of Congress is adjourned for more than 3 days during a 

16 session of Congress), the matter after the resolving clause 

17 of which is as follows: ‘That Congress disapproves the 

18 nonmajor rule submitted by the lll relating to 

19 lll, and such rule shall have no force or effect.’ (The 

20 blank spaces being appropriately filled in). 

21 ‘‘(b)(1) A joint resolution described in subsection (a) 

22 shall be referred to the committees in each House of Con23 gress with jurisdiction. 


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1 ‘‘(2) For purposes of this section, the term ‘submis2 sion or publication date’ means the later of the date on 

3 which— 

4 ‘‘(A) the Congress receives the report submitted 

5 under section 801(a)(1); or 

6 ‘‘(B) the nonmajor rule is published in the Fed7 eral Register, if so published. 

8 ‘‘(c) In the Senate, if the committee to which is re9 ferred a joint resolution described in subsection (a) has 

10 not reported such joint resolution (or an identical joint 

11 resolution) at the end of 15 session days after the date 

12 of introduction of the joint resolution, such committee may 

13 be discharged from further consideration of such joint res14 olution upon a petition supported in writing by 30 Mem15 bers of the Senate, and such joint resolution shall be 

16 placed on the calendar. 

17 ‘‘(d)(1) In the Senate, when the committee to which 

18 a joint resolution is referred has reported, or when a com19 mittee is discharged (under subsection (c)) from further 

20 consideration of a joint resolution described in subsection 

21 (a), it is at any time thereafter in order (even though a 

22 previous motion to the same effect has been disagreed to) 

23 for a motion to proceed to the consideration of the joint 

24 resolution, and all points of order against the joint resolu25 tion (and against consideration of the joint resolution) are 


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1 waived. The motion is not subject to amendment, or to 

2 a motion to postpone, or to a motion to proceed to the 

3 consideration of other business. A motion to reconsider the 

4 vote by which the motion is agreed to or disagreed to shall 

5 not be in order. If a motion to proceed to the consideration 

6 of the joint resolution is agreed to, the joint resolution 

7 shall remain the unfinished business of the Senate until 

8 disposed of. 

9 ‘‘(2) In the Senate, debate on the joint resolution, 

10 and on all debatable motions and appeals in connection 

11 therewith, shall be limited to not more than 10 hours, 

12 which shall be divided equally between those favoring and 

13 those opposing the joint resolution. A motion to further 

14 limit debate is in order and not debatable. An amendment 

15 to, or a motion to postpone, or a motion to proceed to 

16 the consideration of other business, or a motion to recom17 mit the joint resolution is not in order. 

18 ‘‘(3) In the Senate, immediately following the conclu19 sion of the debate on a joint resolution described in sub20 section (a), and a single quorum call at the conclusion of 

21 the debate if requested in accordance with the rules of the 

22 Senate, the vote on final passage of the joint resolution 

23 shall occur. 

24 ‘‘(4) Appeals from the decisions of the Chair relating 

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1 dure relating to a joint resolution described in subsection 

2 (a) shall be decided without debate. 

3 ‘‘(e) In the Senate the procedure specified in sub4 section (c) or (d) shall not apply to the consideration of 

5 a joint resolution respecting a nonmajor rule— 

6 ‘‘(1) after the expiration of the 60 session days 

7 beginning with the applicable submission or publica8 tion date, or 

9 ‘‘(2) if the report under section 801(a)(1)(A) 

10 was submitted during the period referred to in sec11 tion 801(d)(1), after the expiration of the 60 session 

12 days beginning on the 15th session day after the 

13 succeeding session of Congress first convenes. 

14 ‘‘(f) If, before the passage by one House of a joint 

15 resolution of that House described in subsection (a), that 

16 House receives from the other House a joint resolution 

17 described in subsection (a), then the following procedures 

18 shall apply: 

19 ‘‘(1) The joint resolution of the other House 

20 shall not be referred to a committee. 

21 ‘‘(2) With respect to a joint resolution described 

22 in subsection (a) of the House receiving the joint 

23 resolution— 


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1 ‘‘(A) the procedure in that House shall be 

2 the same as if no joint resolution had been re3 ceived from the other House; but 

4 ‘‘(B) the vote on final passage shall be on 

5 the joint resolution of the other House. 

6 ‘‘§ 804. Definitions 

7 ‘‘For purposes of this chapter— 

8 ‘‘(1) the term ‘Federal agency’ means any agen9 cy as that term is defined in section 551(1); 

10 ‘‘(2) the term ‘major rule’ means any rule, in11 cluding an interim final rule, that the Administrator 

12 of the Office of Information and Regulatory Affairs 

13 of the Office of Management and Budget finds has 

14 resulted in or is likely to result in— 

15 ‘‘(A) an annual effect on the economy of 

16 $100,000,000 or more; 

17 ‘‘(B) a major increase in costs or prices for 

18 consumers, individual industries, Federal, 

19 State, or local government agencies, or geo20 graphic regions; or 

21 ‘‘(C) significant adverse effects on competi22 tion, employment, investment, productivity, in23 novation, or on the ability of United States24 based enterprises to compete with foreign-based 

25 enterprises in domestic and export markets; 


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1 ‘‘(3) the term ‘nonmajor rule’ means any rule 

2 that is not a major rule; and 

3 ‘‘(4) the term ‘rule’ has the meaning given such 

4 term in section 551, except that such term does not 

5 include— 

6 ‘‘(A) any rule of particular applicability, 

7 including a rule that approves or prescribes for 

8 the future rates, wages, prices, services, or al9 lowances therefore, corporate or financial struc10 tures, reorganizations, mergers, or acquisitions 

11 thereof, or accounting practices or disclosures 

12 bearing on any of the foregoing; 

13 ‘‘(B) any rule relating to agency manage14 ment or personnel; or 

15 ‘‘(C) any rule of agency organization, pro16 cedure, or practice that does not substantially 

17 affect the rights or obligations of non-agency 

18 parties. 

19 ‘‘§ 805. Judicial review 

20 ‘‘(a) No determination, finding, action, or omission 

21 under this chapter shall be subject to judicial review. 

22 ‘‘(b) Notwithstanding subsection (a), a court may de23 termine whether a Federal agency has completed the nec24 essary requirements under this chapter for a rule to take 

25 effect. 


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1 ‘‘(c) The enactment of a joint resolution of approval 

2 under section 802 shall not— 

3 ‘‘(1) be interpreted to serve as a grant or modi4 fication of statutory authority by Congress for the 

5 promulgation of a rule; 

6 ‘‘(2) extinguish or affect any claim, whether 

7 substantive or procedural, against any alleged defect 

8 in a rule; and 

9 ‘‘(3) form part of the record before the court in 

10 any judicial proceeding concerning a rule except for 

11 purposes of determining whether or not the rule is 

12 in effect. 

13 ‘‘§ 806. Exemption for monetary policy 

14 ‘‘Nothing in this chapter shall apply to rules that con15 cern monetary policy proposed or implemented by the 

16 Board of Governors of the Federal Reserve System or the 

17 Federal Open Market Committee. 

18 ‘‘§ 807. Effective date of certain rules 

19 ‘‘Notwithstanding section 801— 

20 ‘‘(1) any rule that establishes, modifies, opens, 

21 closes, or conducts a regulatory program for a com22 mercial, recreational, or subsistence activity related 

23 to hunting, fishing, or camping; or 

24 ‘‘(2) any rule other than a major rule which an 

25 agency for good cause finds (and incorporates the 


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1 finding and a brief statement of reasons therefore in 

2 the rule issued) that notice and public procedure 

3 thereon are impracticable, unnecessary, or contrary 

4 to the public interest, 

5 shall take effect at such time as the Federal agency pro6 mulgating the rule determines.’’. 

7 SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SEC8 TION 802 OF TITLE 5, UNITED STATES CODE. 

9 Section 257(b)(2) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) 

11 is amended by adding at the end the following: 

12 ‘‘(E) Any rules subject to the congressional 

13 approval procedure set forth in section 802 of 

14 chapter 8 of title 5, United States Code, affect15 ing budget authority, outlays, or receipts shall 

16 be assumed to be effective unless it is not ap17 proved in accordance with such section.’’. 

Æ 


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