I 

111TH CONGRESS 

1ST SESSION H. R. 3765 

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 

OCTOBER 8, 2009 

Mr. DAVIS of Kentucky (for himself, Mrs. CAPITO, Mr. PRICE of Georgia, 

Mrs. BLACKBURN, Mr. PAUL, Mr. PENCE, Mr. BOUSTANY, Mr. ROGERS

of Michigan, Mr. DUNCAN, Mr. ROGERS of Kentucky, Mr. BURTON of Indiana, Mr. COBLE, Mr. BOEHNER, Mr. THORNBERRY, Mr. GOHMERT, 

Mr. REICHERT, Mr. ROSKAM, Mr. NUNES, Mr. HELLER, Mr. HERGER, 

Mr. TIBERI, Ms. GINNY BROWN-WAITE of Florida, Mr. BRADY of Texas, 

Mrs. MCMORRIS RODGERS, Mr. CANTOR, Mr. MCCARTHY of California, 

Mr. KLINE of Minnesota, Mr. PITTS, Mr. WOLF, Mr. CAMP, Mr. 

MCHENRY, Mr. SESSIONS, Mr. SHIMKUS, Mr. BARRETT of South Carolina, Mr. BONNER, Mr. BROWN of South Carolina, Mr. SHADEGG, Mr. 

CULBERSON, Mr. CONAWAY, Mr. UPTON, Mr. ROGERS of Alabama, Mr. 

REHBERG, Mr. CASSIDY, Mr. MORAN of Kansas, Mr. SMITH of Texas, 

Mr. MCKEON, Mr. AKIN, and Mr. POSEY) 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. 


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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 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) section 1 of article I of the Constitution 

9 grants all legislative powers to Congress; 

10 (2) section 8 of article I of the Constitution 

11 provides that Congress has the power ‘‘to make all 

12 laws which shall be necessary and proper for car13 rying into execution the foregoing powers’’; 

14 (3) Congress regularly delegates its constitu15 tional powers to the executive branch and its agen16 cies for the purpose of drafting rules; 

17 (4) many of the rules created by the executive 

18 branch and its agencies are not drafted or do not 

19 come into effect until years after the Act of Con20 gress authorizing their creation; 

21 (5) such rules can have substantial compliance 

22 or other financial costs on American families, busi23 nesses, and local governments; 


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1 (6) the drafters of Federal rules are not ac2 countable directly to the people of the United States 

3 through regular elections; 

4 (7) during calendar year 2008, the Government 

5 Accountability Office received a total of 3,006 final 

6 rules, including 94 major rules; 

7 (8) the current executive rule review process 

8 provided for in the provision of law commonly known 

9 as the Congressional Review Act has only been exer10 cised by Congress once since its enactment in 1996 

11 to reject a rule; 

12 (9) delegation of congressional powers to the 

13 executive branch and its agencies augments the 

14 power of the executive branch and fails to require 

15 that sitting members of Congress are accountable 

16 for finalized rules; and 

17 (10) Congress must exercise greater account18 ability for its delegation of constitutional authority 

19 and the impact that such delegation has on the peo20 ple, businesses, and State and local governments of 

21 the United States. 

22 SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE23 MAKING. 

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

25 to read as follows: 


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1 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

2 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. 

3 ‘‘§ 801. Congressional review 

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

5 agency promulgating such rule shall submit to each House 

6 of the Congress and to the Comptroller General a report 

7 containing— 

8 ‘‘(i) a copy of the rule; 

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

10 rule, including whether it is a major rule; and 

11 ‘‘(iii) the proposed effective date of the rule. 

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

13 under subparagraph (A), the Federal agency promulgating 

14 the rule shall submit to the Comptroller General and make 

15 available to each House of Congress— 

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

17 of the rule, if any; 

18 ‘‘(ii) the agency’s actions relevant to sections 

19 603, 604, 605, 607, and 609; 


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1 ‘‘(iii) the agency’s actions relevant to sections 

2 202, 203, 204, and 205 of the Unfunded Mandates 

3 Reform Act of 1995; and 

4 ‘‘(iv) any other relevant information or require5 ments under any other Act and any relevant Execu6 tive orders. 

7 ‘‘(C) Upon receipt of a report submitted under sub8 paragraph (A), each House shall provide copies of the re9 port to the chairman and ranking member of each stand10 ing committee with jurisdiction under the rules of the 

11 House of Representatives or the Senate to report a bill 

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

13 issued. 

14 ‘‘(2)(A) The Comptroller General shall provide a re15 port on each major rule to the committees of jurisdiction 

16 in each House of the Congress by the end of 15 calendar 

17 days after the submission or publication date as provided 

18 in section 802(b)(2). The report of the Comptroller Gen19 eral shall include an assessment of the agency’s compli20 ance with procedural steps required by paragraph (1)(B). 

21 ‘‘(B) Federal agencies shall cooperate with the Comp22 troller General by providing information relevant to the 

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

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

25 under paragraph (1) shall take effect immediately or as 


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1 provided for in the rule, whichever is later, if a joint reso2 lution of approval described in section 802 becomes law. 

3 ‘‘(4) A nonmajor major rule shall take effect as pro4 vided by section 803 after submission to Congress under 

5 paragraph (1). 

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

7 major rule is not enacted within the period provided in 

8 subsection (b)(2), then a joint resolution of approval relat9 ing to the same or a substantially similar rule may be con10 sidered under this chapter in the same Congress by either 

11 the House of Representatives or the Senate. 

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

13 Congress enacts a joint resolution of approval described 

14 under section 802. 

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

16 is not enacted into law by the end of 90 session days or 

17 legislative days, as applicable, beginning after the date 

18 such resolution is introduced, then the rule described in 

19 that resolution shall be deemed not to be approved and 

20 such rule shall not take effect. 

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

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

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

24 President makes a determination under paragraph (2) and 


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1 submits written notice of such determination to the Con2 gress. 

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

4 by the President by Executive order that the major rule 

5 should take effect because such rule is— 

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

7 to health or safety or other emergency; 

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

9 laws; 

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

11 ‘‘(D) issued pursuant to any statute imple12 menting an international trade agreement. 

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

14 under this subsection shall have no effect on the proce15 dures under section 802. 

16 ‘‘(d)(1) In addition to the opportunity for review oth17 erwise provided under this chapter, in the case of any rule 

18 other than a major rule for which a report was submitted 

19 in accordance with subsection (a)(1)(A) during the period 

20 beginning on the date occurring— 

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

22 or 

23 ‘‘(B) in the case of the House of Representa24 tives, 60 legislative days, 


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1 before the date the Congress adjourns a session of Con2 gress through the date on which the same or succeeding 

3 Congress first convenes its next session, section 803 shall 

4 apply to such rule in the succeeding session of Congress. 

5 ‘‘(2)(A) In applying 803 for purposes of such addi6 tional review, a rule described under paragraph (1) shall 

7 be treated as though— 

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

9 Register (as a rule that shall take effect) on— 

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

11 session day, or 

12 ‘‘(II) in the case of the House of Rep13 resentatives, the 15th legislative day, 

14 after the succeeding session of Congress first con15 venes; and 

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

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

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

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

20 report shall be submitted to Congress before a rule can 

21 take effect. 

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

23 effect as otherwise provided by law (including other sub24 sections of this section). 


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1 ‘‘§ 802. Congressional approval procedure for major 

2 rules 

3 ‘‘(a) For purposes of this section, the term ‘joint res4 olution’ means only a joint resolution introduced in the 

5 period beginning on the date on which the report referred 

6 to in section 801(a)(1)(A) is received by Congress (exclud7 ing days either House of Congress is adjourned for more 

8 than 3 days during a session of Congress), the matter 

9 after the resolving clause of which is as follows: ‘That Con10 gress approves the rule submitted by the l l relating 

11 to l l.’ (The blank spaces being appropriately filled in). 

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

13 shall be referred to the committees in each House of Con14 gress with jurisdiction. 

15 ‘‘(2) For purposes of this section, the term ‘submis16 sion date’ means the date on which the Congress receives 

17 the report submitted under section 801(a)(1). 

18 ‘‘(c) In the Senate, if the committee to which is re19 ferred a joint resolution described in subsection (a) has 

20 not reported such joint resolution (or an identical joint 

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

22 of introduction of the joint resolution, such committee may 

23 be discharged from further consideration of such joint res24 olution upon a petition supported in writing by 30 Mem25 bers of the Senate, and such joint resolution shall be 

26 placed on the calendar. 


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

2 a joint resolution is referred has reported, or when a com3 mittee is discharged (under subsection (c)) from further 

4 consideration of a joint resolution described in subsection 

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

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

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

8 resolution, and all points of order against the joint resolu9 tion (and against consideration of the joint resolution) are 

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

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

12 consideration of other business. A motion to reconsider the 

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

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

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

16 shall remain the unfinished business of the Senate until 

17 disposed of. 

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

19 and on all debatable motions and appeals in connection 

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

21 which shall be divided equally between those favoring and 

22 those opposing the joint resolution. A motion to further 

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

24 to, or a motion to postpone, or a motion to proceed to 


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1 the consideration of other business, or a motion to recom2 mit the joint resolution is not in order. 

3 ‘‘(3) In the Senate, immediately following the conclu4 sion of the debate on a joint resolution described in sub5 section (a), and a single quorum call at the conclusion of 

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

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

8 shall occur. 

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

10 to the application of the rules of the Senate to the proce11 dure relating to a joint resolution described in subsection 

12 (a) shall be decided without debate. 

13 ‘‘(e)(1) In the House of Representatives, if the com14 mittee or committees to which a joint resolution described 

15 in subsection (a) has been referred have not reported it 

16 at the end of 15 legislative days after its introduction, 

17 such committee shall be automatically discharged from 

18 further consideration of the resolution and it shall be 

19 placed on the appropriate calendar. A vote on final pas20 sage of the resolution shall be taken on or before the close 

21 of the 15th legislative day after the resolution is reported 

22 by the committee to which it was referred, or after such 

23 committee has been discharged from further consideration 

24 of the resolution. 


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1 ‘‘(2)(A) A motion in the House of Representatives to 

2 proceed to the consideration of a resolution shall be highly 

3 privileged and not debatable. An amendment to the motion 

4 shall not be in order, nor shall it be in order to move to 

5 reconsider the vote by which the motion is agreed to or 

6 disagreed to. 

7 ‘‘(B) Debate in the House of Representatives on a 

8 resolution shall be limited to not more than two hours, 

9 which shall be divided equally between those favoring and 

10 those opposing the resolution. A motion to further limit 

11 debate shall not be debatable. No amendment to, or mo12 tion to recommit, the resolution shall be in order. It shall 

13 not be in order to reconsider the vote by which a resolution 

14 is agreed to or disagreed to. 

15 ‘‘(C) Motions to postpone, made in the House of Rep16 resentatives with respect to the consideration of a resolu17 tion, and motions to proceed to the consideration of other 

18 business, shall be decided without debate. 

19 ‘‘(D) All appeals from the decisions of the Chair re20 lating to the application of the Rules of the House of Rep21 resentatives to the procedure relating to a resolution shall 

22 be decided without debate. 

23 ‘‘(E) Except to the extent specifically provided in the 

24 preceding provisions of this subsection, consideration of a 

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1 erned by the Rules of the House of Representatives appli2 cable to other resolutions in similar circumstances. 

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

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

5 House receives from the other House a joint resolution 

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

7 shall apply: 

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

9 shall not be referred to a committee. 

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

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

12 resolution— 

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

14 the same as if no joint resolution had been re15 ceived from the other House; but 

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

17 the joint resolution of the other House. 

18 ‘‘(g) The enactment of a resolution of approval does 

19 not serve as a grant of statutory authority by Congress 

20 for a rule and does not cure any procedural defect in the 

21 making of a rule. 

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

23 Congress— 

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

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1 tively, and as such it is deemed a part of the rules 

2 of each House, respectively, but applicable only with 

3 respect to the procedure to be followed in that 

4 House in the case of a joint resolution described in 

5 subsection (a), and it supersedes other rules only to 

6 the extent that it is inconsistent with such rules; and 

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

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

9 relating to the procedure of that House) at any time, 

10 in the same manner, and to the same extent as in 

11 the case of any other rule of that House. 

12 ‘‘§ 803. Congressional disapproval procedure for 

13 nonmajor rules 

14 ‘‘(a) For purposes of this section, the term ‘joint res15 olution’ means only a joint resolution introduced in the 

16 period beginning on the date on which the report referred 

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

18 ending 60 days thereafter (excluding days either House 

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

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

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

22 nonmajor rule submitted by the l l relating to l l, 

23 and such rule shall have no force or effect.’ (The blank 

24 spaces being appropriately filled in). 


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

2 shall be referred to the committees in each House of Con3 gress with jurisdiction. 

4 ‘‘(2) For purposes of this section, the term submis5 sion or publication date means the later of the date on 

6 which— 

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

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

9 ‘‘(B) the nonmajor rule is published in the Fed10 eral Register, if so published. 

11 ‘‘(c) In the Senate, if the committee to which is re12 ferred a joint resolution described in subsection (a) has 

13 not reported such joint resolution (or an identical joint 

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

15 of introduction of the joint resolution, such committee may 

16 be discharged from further consideration of such joint res17 olution upon a petition supported in writing by 30 Mem18 bers of the Senate, and such joint resolution shall be 

19 placed on the calendar. 

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

21 a joint resolution is referred has reported, or when a com22 mittee is discharged (under subsection (c)) from further 

23 consideration of a joint resolution described in subsection 

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

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


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

2 resolution, and all points of order against the joint resolu3 tion (and against consideration of the joint resolution) are 

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

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

6 consideration of other business. A motion to reconsider the 

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

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

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

10 shall remain the unfinished business of the Senate until 

11 disposed of. 

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

13 and on all debatable motions and appeals in connection 

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

15 which shall be divided equally between those favoring and 

16 those opposing the joint resolution. A motion to further 

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

18 to, or a motion to postpone, or a motion to proceed to 

19 the consideration of other business, or a motion to recom20 mit the joint resolution is not in order. 

21 ‘‘(3) In the Senate, immediately following the conclu22 sion of the debate on a joint resolution described in sub23 section (a), and a single quorum call at the conclusion of 

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


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

2 shall occur. 

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

4 to the application of the rules of the Senate to the proce5 dure relating to a joint resolution described in subsection 

6 (a) shall be decided without debate. 

7 ‘‘(e) In the Senate the procedure specified in sub8 section (c) or (d) shall not apply to the consideration of 

9 a joint resolution respecting a nonmajor rule— 

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

11 beginning with the applicable submission or publica12 tion date, or 

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

14 was submitted during the period referred to in sec15 tion 801(d)(1), after the expiration of the 60 session 

16 days beginning on the 15th session day after the 

17 succeeding session of Congress first convenes. 

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

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

20 House receives from the other House a joint resolution 

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

22 shall apply: 

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

24 shall not be referred to a committee. 


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

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

3 resolution— 

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

5 the same as if no joint resolution had been re6 ceived from the other House; but 

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

8 the joint resolution of the other House. 

9 ‘‘§ 804. Definitions 

10 ‘‘For purposes of this chapter— 

11 ‘‘(1) The term ‘Federal agency’ means any 

12 agency as that term is defined in section 551(1). 

13 ‘‘(2) The term ‘major rule’ means any rule that 

14 the Administrator of the Office of Information and 

15 Regulatory Affairs of the Office of Management and 

16 Budget finds has resulted in or is likely to result 

17 in— 

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

19 $100,000,000 or more; 

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

21 consumers, individual industries, Federal, 

22 State, or local government agencies, or geo23 graphic regions; or 

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1 novation, or on the ability of United States2 based enterprises to compete with foreign-based 

3 enterprises in domestic and export markets. 

4 ‘‘(3) The term ‘nonmajor rule’ means any rule 

5 that is not a major rule. 

6 ‘‘(4) The term ‘rule’ has the meaning given 

7 such term in section 551, except that such term does 

8 not include— 

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

10 including a rule that approves or prescribes for 

11 the future rates, wages, prices, services, or al12 lowances therefore, corporate or financial struc13 tures, reorganizations, mergers, or acquisitions 

14 thereof, or accounting practices or disclosures 

15 bearing on any of the foregoing; 

16 ‘‘(B) any rule relating to agency manage17 ment or personnel; or 

18 ‘‘(C) any rule of agency organization, pro19 cedure, or practice that does not substantially 

20 affect the rights or obligations of non-agency 

21 parties. 

22 ‘‘§ 805. Judicial review 

23 ‘‘No determination, finding, action, or omission under 

24 this chapter shall be subject to judicial review. 


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1 ‘‘§ 806. Exemption for monetary policy 

2 ‘‘Nothing in this chapter shall apply to rules that con3 cern monetary policy proposed or implemented by the 

4 Board of Governors of the Federal Reserve System or the 

5 Federal Open Market Committee. 

6 ‘‘§ 807. Effective date of certain rules 

7 ‘‘Notwithstanding section 801— 

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

9 closes, or conducts a regulatory program for a com10 mercial, recreational, or subsistence activity related 

11 to hunting, fishing, or camping; or 

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

13 agency for good cause finds (and incorporates the 

14 finding and a brief statement of reasons therefore in 

15 the rule issued) that notice and public procedure 

16 thereon are impracticable, unnecessary, or contrary 

17 to the public interest, 

18 shall take effect at such time as the Federal agency pro19 mulgating the rule determines.’’. 

Æ 


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