IB 

Union Calendar No. 192 

112TH CONGRESS 

1ST SESSION H. R. 10 

[Report No. 112–278, Parts I and II] 

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 


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NOVEMBER 10, 2011 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

NOVEMBER 10, 2011 

Referral to the Committee on Rules extended for a period not ending later 

than November 22, 2011 

NOVEMBER 18, 2011 

Additional sponsors: Mr. GRIFFIN of Arkansas, Mr. REHBERG, Mr. DIAZBALART, Mr. FORBES, Mr. LONG, Mr. WALBERG, Mr. ROSS of Florida, 

Mr. PENCE, Mr. ROONEY, Mr. FLEMING, Mr. PAULSEN, Mr. HARRIS, 

Mr. MCCAUL, Mr. SCALISE, Mr. THOMPSON of Pennsylvania, Mr. ROYCE, 

Mr. AUSTRIA, Mr. SOUTHERLAND, Mr. DREIER, Mr. HUELSKAMP, Mr. 

HANNA, Mrs. MYRICK, Mr. RIVERA, Mr. TIBERI, Mr. GINGREY of Georgia, Mr. LUETKEMEYER, Mrs. ADAMS, Mr. FITZPATRICK, Mr. WEBSTER, 

Mr. RIBBLE, Mr. THORNBERRY, Mr. GRAVES of Georgia, Mr. HUIZENGA

of Michigan, Mr. HULTGREN, Mr. YOUNG of Florida, Mr. REED, Mr. 

YOUNG of Indiana, Mr. STEARNS, Mr. OLSON, Mr. MCCOTTER, Mr. 

JOHNSON of Ohio, Mr. YODER, Mr. SULLIVAN, Mr. SAM JOHNSON of 

Texas, Mrs. BACHMANN, Mr. WHITFIELD, Mr. CARTER, Mr. DANIEL E. 

LUNGREN of California, Mrs. MILLER of Michigan, Mr. ROGERS of Michigan, Mr. BENISHEK, Mr. HECK, Mr. STIVERS, Mrs. BLACK, Mr. 

LANDRY, Mr. DUNCAN of Tennessee, Mr. BOREN, Mr. HASTINGS of 

Washington, Mr. COFFMAN of Colorado, Mr. SHUSTER, Mr. BILBRAY, 

Mrs. CAPITO, Mrs. NOEM, Mr. HENSARLING, Mr. RENACCI, Mr. YOUNG

of Alaska, Mr. WOMACK, Mr. NUGENT, Mr. BROOKS, Mr. PITTS, Mr. 

MARCHANT, Mr. CANSECO, Mr. FINCHER, Mr. CONAWAY, Mr. ALEXANDER, Mr. GRAVES of Missouri, Mr. CHABOT, Mr. WESTMORELAND, 

Mrs. ROBY, Mr. CASSIDY, Mr. PALAZZO, Mr. POE of Texas, Mr. 

LATHAM, Mr. HALL, Mr. GUINTA, Mr. DENT, Mr. SHIMKUS, Mr. GOSAR, 

Mr. HARPER, Mr. FRELINGHUYSEN, Mr. GARY G. MILLER of California, 

Mr. MARINO, Mr. GRIMM, Mrs. HARTZLER, Mr. BROUN of Georgia, Mr. 

LEWIS of California, Mr. DUFFY, Mr. JORDAN, Mr. CRENSHAW, Mr. 

COLE, Mr. KELLY, Mr. RIGELL, Mr. SCHILLING, Mr. LANKFORD, Mr. 

DENHAM, Mr. TURNER of Ohio, Mr. GOODLATTE, Mr. WOODALL, Mr. 

BILIRAKIS, Ms. HERRERA BEUTLER, Ms. GRANGER, Mr. AMODEI, Mr. 

WALSH of Illinois, Mr. DESJARLAIS, Mr. FLAKE, Mr. MICA, Mr. DOLD, 

and Mr. MACK


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NOVEMBER 18, 2011 

Reported from the Committee on Rules with an amendment, committed to the 

Committee of the Whole House on the State of the Union, and ordered 

to be printed 

[Strike out all after the enacting clause and insert the part printed in boldface roman] 

[For text of introduced bill, see copy of bill as introduced on January 20, 2011] 


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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 2011’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to increase accountability 

8 for and transparency in the federal regulatory process. Sec9 tion 1 of article I of the United States Constitution grants 

10 all legislative powers to Congress. Over time, Congress has 

11 excessively delegated its constitutional charge while failing 

12 to conduct appropriate oversight and retain accountability 

13 for the content of the laws it passes. By requiring a vote 

14 in Congress, the REINS Act will result in more carefully 

15 drafted and detailed legislation, an improved regulatory 

16 process, and a legislative branch that is truly accountable 

17 to the American people for the laws imposed upon them. 

18 SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. 

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

20 to read as follows: 

21 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

22 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. 


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‘‘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 the Congress and to the Comptroller General a report 

5 containing— 

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 classi11 fication 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 provi16 sion or regulatory objective as well as the individual 

17 and aggregate economic effects of those actions; and 

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

19 ‘‘(B) On the date of the submission of the report under 

20 subparagraph (A), the Federal agency promulgating the 

21 rule shall submit to the Comptroller General and make 

22 available to each House of Congress— 

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

24 of the rule, if any; 


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1 ‘‘(ii) the agency’s actions pursuant to sections 

2 603, 604, 605, 607, and 609 of this title; 

3 ‘‘(iii) the agency’s actions pursuant to sections 

4 202, 203, 204, and 205 of the Unfunded Mandates 

5 Reform Act of 1995; and 

6 ‘‘(iv) any other relevant information or require7 ments under any other Act and any relevant Execu8 tive orders. 

9 ‘‘(C) Upon receipt of a report submitted under sub10 paragraph (A), each House shall provide copies of the report 

11 to the chairman and ranking member of each standing com12 mittee with jurisdiction under the rules of the House of Rep13 resentatives or the Senate to report a bill to amend the pro14 vision of law under which the rule is issued. 

15 ‘‘(2)(A) The Comptroller General shall provide a re16 port on each major rule to the committees of jurisdiction 

17 by the end of 15 calendar days after the submission or pub18 lication date as provided in section 802(b)(2). The report 

19 of the Comptroller General shall include an assessment of 

20 the agency’s compliance with procedural steps required by 

21 paragraph (1)(B). 

22 ‘‘(B) Federal agencies shall cooperate with the Comp23 troller General by providing information relevant to the 

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


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

2 paragraph (1) shall take effect upon enactment of a joint 

3 resolution of approval described in section 802 or as pro4 vided for in the rule following enactment of a joint resolu5 tion of approval described in section 802, whichever is later. 

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

7 section 803 after submission to Congress under paragraph 

8 (1). 

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

10 major rule is not enacted within the period provided in sub11 section (b)(2), then a joint resolution of approval relating 

12 to the same rule may not be considered under this chapter 

13 in the same Congress by either the House of Representatives 

14 or the Senate. 

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

16 Congress enacts a joint resolution of approval described 

17 under section 802. 

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

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

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

21 which the report referred to in section 801(a)(1)(A) is re22 ceived by Congress (excluding days either House of Congress 

23 is adjourned for more than 3 days during a session of Con24 gress), then the rule described in that resolution shall be 


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1 deemed not to be approved and such rule shall not take ef2 fect. 

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

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

5 take effect for one 90-calendar-day period if the President 

6 makes a determination under paragraph (2) and submits 

7 written notice of such determination to the Congress. 

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

9 by the President by Executive order that the major rule 

10 should take effect because such rule is— 

11 ‘‘(A) necessary because of an imminent threat to 

12 health or safety or other emergency; 

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

14 laws; 

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

16 ‘‘(D) issued pursuant to any statute imple17 menting an international trade agreement. 

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

19 under this subsection shall have no effect on the procedures 

20 under section 802. 

21 ‘‘(d)(1) In addition to the opportunity for review oth22 erwise provided under this chapter, in the case of any rule 

23 for which a report was submitted in accordance with sub24 section (a)(1)(A) during the period beginning on the date 

25 occurring— 


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

2 or 

3 ‘‘(B) in the case of the House of Representatives, 

4 60 legislative days, 

5 before the date the Congress is scheduled to adjourn a session 

6 of Congress through the date on which the same or suc7 ceeding Congress first convenes its next session, sections 802 

8 and 803 shall apply to such rule in the succeeding session 

9 of Congress. 

10 ‘‘(2)(A) In applying sections 802 and 803 for purposes 

11 of such additional review, a rule described under paragraph 

12 (1) shall be treated as though— 

13 ‘‘(i) such rule were published in the Federal Reg14 ister on— 

15 ‘‘(I) in the case of the Senate, the 15th ses16 sion day, or 

17 ‘‘(II) in the case of the House of Representa18 tives, the 15th legislative day, 

19 after the succeeding session of Congress first convenes; 

20 and 

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

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

23 ‘‘(B) Nothing in this paragraph shall be construed to 

24 affect the requirement under subsection (a)(1) that a report 

25 shall be submitted to Congress before a rule can take effect. 


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

2 effect as otherwise provided by law (including other sub3 sections of this section). 

4 ‘‘§ 802. Congressional approval procedure for major 

5 rules 

6 ‘‘(a) For purposes of this section, the term ‘joint resolu7 tion’ means only a joint resolution introduced on or after 

8 the date on which the report referred to in section 

9 801(a)(1)(A) is received by Congress (excluding days either 

10 House of Congress is adjourned for more than 3 days during 

11 a session of Congress), the matter after the resolving clause 

12 of which is as follows: ‘That Congress approves the rule sub13 mitted by the l l relating to l l.’ (The blank spaces 

14 being appropriately filled in). 

15 ‘‘(1) In the House, the majority leader of the 

16 House of Representatives (or his designee) and the 

17 minority leader of the House of Representatives (or 

18 his designee) shall introduce such joint resolution de19 scribed in subsection (a) (by request), within 3 legis20 lative days after Congress receives the report referred 

21 to in section 801(a)(1)(A). 

22 ‘‘(2) In the Senate, the majority leader of the 

23 Senate (or his designee) and the minority leader of 

24 the Senate (or his designee) shall introduce such joint 

25 resolution described in subsection (a) (by request), 


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1 within 3 session days after Congress receives the re2 port referred to in section 801(a)(1)(A). 

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

4 shall be referred to the committees in each House of Con5 gress with jurisdiction under the rules of the House of Rep6 resentatives or the Senate to report a bill to amend the pro7 vision of law under which the rule is issued. 

8 ‘‘(2) For purposes of this section, the term ‘submission 

9 date’ means the date on which the Congress receives the re10 port submitted under section 801(a)(1). 

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

12 which a joint resolution described in subsection (a) has been 

13 referred have not reported it at the end of 15 session days 

14 after its introduction, such committee or committees shall 

15 be automatically discharged from further consideration of 

16 the resolution and it shall be placed on the calendar. A vote 

17 on final passage of the resolution shall be taken on or before 

18 the close of the 15th session day after the resolution is re19 ported by the committee or committees to which it was re20 ferred, or after such committee or committees have been dis21 charged from further consideration of the resolution. 

22 ‘‘(d)(1) In the Senate, when the committee or commit23 tees to which a joint resolution is referred have reported, 

24 or when a committee or committees are discharged (under 

25 subsection (c)) from further consideration of a joint resoluVerDate Mar 15 2010 00:33 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H10.RH H10

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1 tion described in subsection (a), it is at any time thereafter 

2 in order (even though a previous motion to the same effect 

3 has been disagreed to) for a motion to proceed to the consid4 eration of the joint resolution, and all points of order 

5 against the joint resolution (and against consideration of 

6 the joint resolution) are waived. The motion is not subject 

7 to amendment, or to a motion to postpone, or to a motion 

8 to proceed to the consideration of other business. A motion 

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

10 disagreed to shall not be in order. If a motion to proceed 

11 to the consideration of the joint resolution is agreed to, the 

12 joint resolution shall remain the unfinished business of the 

13 Senate until disposed of. 

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

15 on all debatable motions and appeals in connection there16 with, shall be limited to not more than 2 hours, which shall 

17 be divided equally between those favoring and those oppos18 ing the joint resolution. A motion to further limit debate 

19 is in order and not debatable. An amendment to, or a mo20 tion to postpone, or a motion to proceed to the consideration 

21 of other business, or a motion to recommit the joint resolu22 tion is not in order. 

23 ‘‘(3) In the Senate, immediately following the conclu24 sion of the debate on a joint resolution described in sub25 section (a), and a single quorum call at the conclusion of 


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

2 Senate, the vote on final passage of the joint resolution shall 

3 occur. 

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

5 to the application of the rules of the Senate to the procedure 

6 relating to a joint resolution described in subsection (a) 

7 shall be decided without debate. 

8 ‘‘(e)(1) In the House of Representatives, if the com9 mittee or committees to which a joint resolution described 

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

11 the end of 15 legislative days after its introduction, such 

12 committee or committees shall be automatically discharged 

13 from further consideration of the resolution and it shall be 

14 placed on the appropriate calendar. A vote on final passage 

15 of the resolution shall be taken on or before the close of the 

16 15th legislative day after the resolution is reported by the 

17 committee or committees to which it was referred, or after 

18 such committee or committees have been discharged from 

19 further consideration of the resolution. 

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

21 proceed to the consideration of a resolution shall be privi22 leged and not debatable. An amendment to the motion shall 

23 not be in order, nor shall it be in order to move to reconsider 

24 the vote by which the motion is agreed to or disagreed to. 


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1 ‘‘(B) Debate in the House of Representatives on a reso2 lution shall be limited to not more than two hours, which 

3 shall be divided equally between those favoring and those 

4 opposing the resolution. A motion to further limit debate 

5 shall not be debatable. No amendment to, or motion to re6 commit, the resolution shall be in order. It shall not be in 

7 order to reconsider the vote by which a resolution is agreed 

8 to or disagreed to. 

9 ‘‘(C) Motions to postpone, made in the House of Rep10 resentatives with respect to the consideration of a resolution, 

11 and motions to proceed to the consideration of other busi12 ness, shall be decided without debate. 

13 ‘‘(D) All appeals from the decisions of the Chair relat14 ing to the application of the Rules of the House of Rep15 resentatives to the procedure relating to a resolution shall 

16 be decided without debate. 

17 ‘‘(f) If, before the passage by one House of a joint reso18 lution of that House described in subsection (a), that House 

19 receives from the other House a joint resolution described 

20 in subsection (a), then the following procedures shall apply 

21 with respect to a joint resolution described in subsection (a) 

22 of the House receiving the joint resolution— 

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

24 same as if no joint resolution had been received from 

25 the other House; but 


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1 ‘‘(2) the vote on final passage shall be on the 

2 joint resolution of the other House. 

3 ‘‘(g) This section and section 803 are enacted by Con4 gress— 

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

6 the Senate and House of Representatives, respectively, 

7 and as such it is deemed a part of the rules of each 

8 House, respectively, but applicable only with respect 

9 to the procedure to be followed in that House in the 

10 case of a joint resolution described in subsection (a), 

11 and it supersedes other rules only to the extent that 

12 it is inconsistent with such rules; and 

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

14 right of either House to change the rules (so far as re15 lating to the procedure of that House) at any time, 

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

17 case of any other rule of that House. 

18 ‘‘§ 803. Congressional disapproval procedure for 

19 nonmajor rules 

20 ‘‘(a) For purposes of this section, the term ‘joint resolu21 tion’ means only a joint resolution introduced in the period 

22 beginning on the date on which the report referred to in 

23 section 801(a)(1)(A) is received by Congress and ending 60 

24 days thereafter (excluding days either House of Congress is 

25 adjourned for more than 3 days during a session of ConVerDate Mar 15 2010 00:33 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H10.RH H10

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1 gress), the matter after the resolving clause of which is as 

2 follows: ‘That Congress disapproves the nonmajor rule sub3 mitted by the l l relating to l l, and such rule shall 

4 have no force or effect.’ (The blank spaces being appro5 priately filled in). 

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

7 shall be referred to the committees in each House of Con8 gress with jurisdiction. 

9 ‘‘(2) For purposes of this section, the term submission 

10 or publication date means the later of the date on which— 

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

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

13 ‘‘(B) the nonmajor rule is published in the Fed14 eral Register, if so published. 

15 ‘‘(c) In the Senate, if the committee to which is referred 

16 a joint resolution described in subsection (a) has not re17 ported such joint resolution (or an identical joint resolu18 tion) at the end of 15 session days after the date of introduc19 tion of the joint resolution, such committee may be dis20 charged from further consideration of such joint resolution 

21 upon a petition supported in writing by 30 Members of the 

22 Senate, and such joint resolution shall be placed on the cal23 endar. 

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

25 a joint resolution is referred has reported, or when a comVerDate Mar 15 2010 00:33 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H10.RH H10

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1 mittee is discharged (under subsection (c)) from further con2 sideration of a joint resolution described in subsection (a), 

3 it is at any time thereafter in order (even though a previous 

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

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

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

7 consideration of the joint resolution) are waived. The mo8 tion is not subject to amendment, or to a motion to post9 pone, or to a motion to proceed to the consideration of other 

10 business. A motion to reconsider the vote by which the mo11 tion is agreed to or disagreed to shall not be in order. If 

12 a motion to proceed to the consideration of the joint resolu13 tion is agreed to, the joint resolution shall remain the unfin14 ished business of the Senate until disposed of. 

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

16 on all debatable motions and appeals in connection there17 with, shall be limited to not more than 10 hours, which 

18 shall be divided equally between those favoring and those 

19 opposing the joint resolution. A motion to further limit de20 bate is in order and not debatable. An amendment to, or 

21 a motion to postpone, or a motion to proceed to the consid22 eration of other business, or a motion to recommit the joint 

23 resolution is not in order. 

24 ‘‘(3) In the Senate, immediately following the conclu25 sion of the debate on a joint resolution described in subVerDate Mar 15 2010 00:33 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\H10.RH H10

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1 section (a), and a single quorum call at the conclusion of 

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

3 Senate, the vote on final passage of the joint resolution shall 

4 occur. 

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

6 to the application of the rules of the Senate to the procedure 

7 relating to a joint resolution described in subsection (a) 

8 shall be decided without debate. 

9 ‘‘(e) In the Senate the procedure specified in subsection 

10 (c) or (d) shall not apply to the consideration of a joint 

11 resolution respecting a nonmajor rule— 

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

13 beginning with the applicable submission or publica14 tion date, or 

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

16 submitted during the period referred to in section 

17 801(d)(1), after the expiration of the 60 session days 

18 beginning on the 15th session day after the succeeding 

19 session of Congress first convenes. 

20 ‘‘(f) If, before the passage by one House of a joint reso21 lution of that House described in subsection (a), that House 

22 receives from the other House a joint resolution described 

23 in subsection (a), then the following procedures shall apply: 

24 ‘‘(1) The joint resolution of the other House shall 

25 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 reso3 lution— 

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 agen12 cy as that term is defined in section 551(1). 

13 ‘‘(2) The term ‘major rule’ means any rule, in14 cluding an interim final rule, that the Administrator 

15 of the Office of Information and Regulatory Affairs of 

16 the Office of Management and Budget finds has re17 sulted in or is likely to result 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, State, 

22 or local government agencies, or geographic re23 gions; or 

24 ‘‘(C) significant adverse effects on competi25 tion, employment, investment, productivity, inVerDate Mar 15 2010 00:33 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H10.RH H10

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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 such 

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

8 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 allow12 ances therefore, corporate or financial structures, 

13 reorganizations, mergers, or acquisitions thereof, 

14 or accounting practices or disclosures bearing on 

15 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 af20 fect the rights or obligations of non-agency par21 ties. 

22 ‘‘§ 805. Judicial review 

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

24 under this chapter shall be subject to judicial review. 


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1 ‘‘(b) Notwithstanding subsection (a), a court may de2 termine whether a Federal agency has completed the nec3 essary requirements under this chapter for a rule to take 

4 effect. 

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

6 under section 802 shall not be interpreted to serve as a 

7 grant or modification of statutory authority by Congress 

8 for the promulgation of a rule, shall not extinguish or affect 

9 any claim, whether substantive or procedural, against any 

10 alleged defect in a rule, and shall not form part of the record 

11 before the court in any judicial proceeding concerning a 

12 rule except for purposes of determining whether or not the 

13 rule is in effect. 

14 ‘‘§ 806. Exemption for monetary policy 

15 ‘‘Nothing in this chapter shall apply to rules that con16 cern monetary policy proposed or implemented by the 

17 Board of Governors of the Federal Reserve System or the 

18 Federal Open Market Committee. 

19 ‘‘§ 807. Effective date of certain rules 

20 ‘‘Notwithstanding section 801— 

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

22 closes, or conducts a regulatory program for a com23 mercial, recreational, or subsistence activity related to 

24 hunting, fishing, or camping; or 


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

2 agency for good cause finds (and incorporates the 

3 finding and a brief statement of reasons therefore in 

4 the rule issued) that notice and public procedure 

5 thereon are impracticable, unnecessary, or contrary to 

6 the public interest, 

7 shall take effect at such time as the Federal agency promul8 gating the rule determines.’’. 

9 SECTION 1. SHORT TITLE. 

10 This Act may be cited as the ‘‘Regulations 

11 From the Executive in Need of Scrutiny Act 

12 of 2011’’. 

13 SEC. 2. PURPOSE. 

14 The purpose of this Act is to increase ac15 countability for and transparency in the fed16 eral regulatory process. Section 1 of article I 

17 of the United States Constitution grants all 

18 legislative powers to Congress. Over time, 

19 Congress has excessively delegated its con20 stitutional charge while failing to conduct ap21 propriate oversight and retain accountability 

22 for the content of the laws it passes. By re23 quiring a vote in Congress, the REINS Act will 

24 result in more carefully drafted and detailed 

25 legislation, an improved regulatory process, 


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1 and a legislative branch that is truly account2 able to the American people for the laws im3 posed upon them. 

4 SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE5 MAKING. 

6 Chapter 8 of title 5, United States Code, is 

7 amended to read as follows: 

8 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

9 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. 

10 ‘‘§ 801. Congressional review 

11 ‘‘(a)(1)(A) Before a rule may take effect, 

12 the Federal agency promulgating such rule 

13 shall submit to each House of the Congress 

14 and to the Comptroller General a report con15 taining— 

16 ‘‘(i) a copy of the rule; 

17 ‘‘(ii) a concise general statement re18 lating to the rule; 

19 ‘‘(iii) a classification of the rule as a 

20 major or nonmajor rule, including an ex21 planation of the classification specifically 


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1 addressing each criteria for a major rule 

2 contained within sections 804(2)(A), 

3 804(2)(B), and 804(2)(C); 

4 ‘‘(iv) a list of any other related regu5 latory actions intended to implement the 

6 same statutory provision or regulatory 

7 objective as well as the individual and 

8 aggregate economic effects of those ac9 tions; and 

10 ‘‘(v) the proposed effective date of the 

11 rule. 

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

13 report under subparagraph (A), the Federal 

14 agency promulgating the rule shall submit to 

15 the Comptroller General and make available 

16 to each House of Congress— 

17 ‘‘(i) a complete copy of the cost-ben18 efit analysis of the rule, if any; 

19 ‘‘(ii) the agency’s actions pursuant to 

20 sections 603, 604, 605, 607, and 609 of this 

21 title; 

22 ‘‘(iii) the agency’s actions pursuant to 

23 sections 202, 203, 204, and 205 of the Un24 funded Mandates Reform Act of 1995; and 


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1 ‘‘(iv) any other relevant information 

2 or requirements under any other Act and 

3 any relevant Executive orders. 

4 ‘‘(C) Upon receipt of a report submitted 

5 under subparagraph (A), each House shall 

6 provide copies of the report to the chairman 

7 and ranking member of each standing com8 mittee with jurisdiction under the rules of the 

9 House of Representatives or the Senate to re10 port a bill to amend the provision of law 

11 under which the rule is issued. 

12 ‘‘(2)(A) The Comptroller General shall pro13 vide a report on each major rule to the com14 mittees of jurisdiction by the end of 15 cal15 endar days after the submission or publica16 tion date as provided in section 802(b)(2). The 

17 report of the Comptroller General shall in18 clude an assessment of the agency’s compli19 ance with procedural steps required by para20 graph (1)(B). 

21 ‘‘(B) Federal agencies shall cooperate with 

22 the Comptroller General by providing infor23 mation relevant to the Comptroller General’s 

24 report under subparagraph (A). 


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1 ‘‘(3) A major rule relating to a report sub2 mitted under paragraph (1) shall take effect 

3 upon enactment of a joint resolution of ap4 proval described in section 802 or as provided 

5 for in the rule following enactment of a joint 

6 resolution of approval described in section 

7 802, whichever is later. 

8 ‘‘(4) A nonmajor rule shall take effect as 

9 provided by section 803 after submission to 

10 Congress under paragraph (1). 

11 ‘‘(5) If a joint resolution of approval relat12 ing to a major rule is not enacted within the 

13 period provided in subsection (b)(2), then a 

14 joint resolution of approval relating to the 

15 same rule may not be considered under this 

16 chapter in the same Congress by either the 

17 House of Representatives or the Senate. 

18 ‘‘(b)(1) A major rule shall not take effect 

19 unless the Congress enacts a joint resolution 

20 of approval described under section 802. 

21 ‘‘(2) If a joint resolution described in sub22 section (a) is not enacted into law by the end 

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1 ceived by Congress (excluding days either 

2 House of Congress is adjourned for more than 

3 3 days during a session of Congress), then the 

4 rule described in that resolution shall be 

5 deemed not to be approved and such rule 

6 shall not take effect. 

7 ‘‘(c)(1) Notwithstanding any other provi8 sion of this section (except subject to para9 graph (3)), a major rule may take effect for 

10 one 90-calendar-day period if the President 

11 makes a determination under paragraph (2) 

12 and submits written notice of such determina13 tion to the Congress. 

14 ‘‘(2) Paragraph (1) applies to a determina15 tion made by the President by Executive 

16 order that the major rule should take effect 

17 because such rule is— 

18 ‘‘(A) necessary because of an immi19 nent threat to health or safety or other 

20 emergency; 

21 ‘‘(B) necessary for the enforcement of 

22 criminal laws; 

23 ‘‘(C) necessary for national security; 

24 or 


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1 ‘‘(D) issued pursuant to any statute 

2 implementing an international trade 

3 agreement. 

4 ‘‘(3) An exercise by the President of the 

5 authority under this subsection shall have no 

6 effect on the procedures under section 802. 

7 ‘‘(d)(1) In addition to the opportunity for 

8 review otherwise provided under this chap9 ter, in the case of any rule for which a report 

10 was submitted in accordance with subsection 

11 (a)(1)(A) during the period beginning on the 

12 date occurring— 

13 ‘‘(A) in the case of the Senate, 60 ses14 sion days, or 

15 ‘‘(B) in the case of the House of Rep16 resentatives, 60 legislative days, 

17 before the date the Congress is scheduled to 

18 adjourn a session of Congress through the 

19 date on which the same or succeeding Con20 gress first convenes its next session, sections 

21 802 and 803 shall apply to such rule in the suc22 ceeding session of Congress. 

23 ‘‘(2)(A) In applying sections 802 and 803 

24 for purposes of such additional review, a rule 


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1 described under paragraph (1) shall be treat2 ed as though— 

3 ‘‘(i) such rule were published in the 

4 Federal Register on— 

5 ‘‘(I) in the case of the Senate, the 

6 15th session day, or 

7 ‘‘(II) in the case of the House of 

8 Representatives, the 15th legislative 

9 day, 

10 after the succeeding session of Congress 

11 first convenes; and 

12 ‘‘(ii) a report on such rule were sub13 mitted to Congress under subsection 

14 (a)(1) on such date. 

15 ‘‘(B) Nothing in this paragraph shall be 

16 construed to affect the requirement under 

17 subsection (a)(1) that a report shall be sub18 mitted to Congress before a rule can take ef19 fect. 

20 ‘‘(3) A rule described under paragraph (1) 

21 shall take effect as otherwise provided by law 

22 (including other subsections of this section). 


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1 ‘‘§ 802. Congressional approval procedure for major 

2 rules 

3 ‘‘(a)(1) For purposes of this section, the 

4 term ‘joint resolution’ means only a joint reso5 lution addressing a report classifying a rule 

6 as major pursuant to section 801(a)(1)(A)(iii) 

7 that— 

8 ‘‘(A) bears no preamble; 

9 ‘‘(B) bears the following title (with 

10 blanks filled as appropriate): ‘Approving 

11 the rule submitted by lll relating to 

12 lll.’; 

13 ‘‘(C) includes after its resolving clause 

14 only the following (with blanks filled as 

15 appropriate): ‘That Congress approves 

16 the rule submitted by lll relating to 

17 lll.’; and 

18 ‘‘(D) is introduced pursuant to para19 graph (2). 

20 ‘‘(2) After a House of Congress receives a 

21 report classifying a rule as major pursuant to 

22 section 801(a)(1)(A)(iii), the majority leader of 

23 that House (or his or her respective designee) 

24 shall introduce (by request, if appropriate) a 

25 joint resolution described in paragraph (1)— 


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1 ‘‘(A) in the case of the House of Rep2 resentatives, within three legislative 

3 days; and 

4 ‘‘(B) in the case of the Senate, within 

5 three session days. 

6 ‘‘(3) A joint resolution described in para7 graph (1) shall not be subject to amendment 

8 at any stage of proceeding. 

9 ‘‘(b) A joint resolution described in sub10 section (a) shall be referred in each House of 

11 Congress to the committees having jurisdic12 tion over the provision of law under which 

13 the rule is issued. 

14 ‘‘(c) In the Senate, if the committee or 

15 committees to which a joint resolution de16 scribed in subsection (a) has been referred 

17 have not reported it at the end of 15 session 

18 days after its introduction, such committee or 

19 committees shall be automatically discharged 

20 from further consideration of the resolution 

21 and it shall be placed on the calendar. A vote 

22 on final passage of the resolution shall be 

23 taken on or before the close of the 15th ses24 sion day after the resolution is reported by 

25 the committee or committees to which it was 


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1 referred, or after such committee or commit2 tees have been discharged from further con3 sideration of the resolution. 

4 ‘‘(d)(1) In the Senate, when the committee 

5 or committees to which a joint resolution is 

6 referred have reported, or when a committee 

7 or committees are discharged (under sub8 section (c)) from further consideration of a 

9 joint resolution described in subsection (a), it 

10 is at any time thereafter in order (even 

11 though a previous motion to the same effect 

12 has been disagreed to) for a motion to proceed 

13 to the consideration of the joint resolution, 

14 and all points of order against the joint reso15 lution (and against consideration of the joint 

16 resolution) are waived. The motion is not sub17 ject to amendment, or to a motion to post18 pone, or to a motion to proceed to the consid19 eration of other business. A motion to recon20 sider the vote by which the motion is agreed 

21 to or disagreed to shall not be in order. If a 

22 motion to proceed to the consideration of the 

23 joint resolution is agreed to, the joint resolu24 tion shall remain the unfinished business of 

25 the Senate until disposed of. 


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1 ‘‘(2) In the Senate, debate on the joint res2 olution, and on all debatable motions and ap3 peals in connection therewith, shall be lim4 ited to not more than 2 hours, which shall be 

5 divided equally between those favoring and 

6 those opposing the joint resolution. A motion 

7 to further limit debate is in order and not de8 batable. An amendment to, or a motion to 

9 postpone, or a motion to proceed to the con10 sideration of other business, or a motion to re11 commit the joint resolution is not in order. 

12 ‘‘(3) In the Senate, immediately following 

13 the conclusion of the debate on a joint resolu14 tion described in subsection (a), and a single 

15 quorum call at the conclusion of the debate if 

16 requested in accordance with the rules of the 

17 Senate, the vote on final passage of the joint 

18 resolution shall occur. 

19 ‘‘(4) Appeals from the decisions of the 

20 Chair relating to the application of the rules 

21 of the Senate to the procedure relating to a 

22 joint resolution described in subsection (a) 

23 shall be decided without debate. 

24 ‘‘(e) In the House of Representatives, if 

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1 scribed in subsection (a) has been referred 

2 has not reported it to the House at the end of 

3 15 legislative days after its introduction, such 

4 committee shall be discharged from further 

5 consideration of the joint resolution, and it 

6 shall be placed on the appropriate calendar. 

7 On the second and fourth Thursdays of each 

8 month it shall be in order at any time for the 

9 Speaker to recognize a Member who favors 

10 passage of a joint resolution that has ap11 peared on the calendar for at least 5 legisla12 tive days to call up that joint resolution for 

13 immediate consideration in the House with14 out intervention of any point of order. When 

15 so called up a joint resolution shall be consid16 ered as read and shall be debatable for 1 hour 

17 equally divided and controlled by the pro18 ponent and an opponent, and the previous 

19 question shall be considered as ordered to its 

20 passage without intervening motion. It shall 

21 not be in order to reconsider the vote on pas22 sage. If a vote on final passage of the joint res23 olution has not been taken by the third Thurs24 day on which the Speaker may recognize a 


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1 Member under this subsection, such vote shall 

2 be taken on that day. 

3 ‘‘(f)(1) If, before passing a joint resolution 

4 described in subsection (a), one House re5 ceives from the other a joint resolution hav6 ing the same text, then— 

7 ‘‘(A) the joint resolution of the other 

8 House shall not be referred to a com9 mittee; and 

10 ‘‘(B) the procedure in the receiving 

11 House shall be the same as if no joint res12 olution had been received from the other 

13 House until the vote on passage, when 

14 the joint resolution received from the 

15 other House shall supplant the joint reso16 lution of the receiving House. 

17 ‘‘(2) This subsection shall not apply to the 

18 House of Representatives if the joint resolu19 tion received from the Senate is a revenue 

20 measure. 

21 ‘‘(g) If either House has not taken a vote 

22 on final passage of the joint resolution by the 

23 last day of the period described in section 

24 801(b)(2), then such vote shall be taken on 

25 that day. 


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1 ‘‘(h) This section and section 803 are en2 acted by Congress— 

3 ‘‘(1) as an exercise of the rulemaking 

4 power of the Senate and House of Rep5 resentatives, respectively, and as such is 

6 deemed to be part of the rules of each 

7 House, respectively, but applicable only 

8 with respect to the procedure to be fol9 lowed in that House in the case of a joint 

10 resolution described in subsection (a) 

11 and superseding other rules only where 

12 explicitly so; and 

13 ‘‘(2) with full recognition of the Con14 stitutional right of either House to 

15 change the rules (so far as they relate to 

16 the procedure of that House) at any time, 

17 in the same manner and to the same ex18 tent as in the case of any other rule of 

19 that House. 

20 ‘‘§ 803. Congressional disapproval procedure for 

21 nonmajor rules 

22 ‘‘(a) For purposes of this section, the term 

23 ‘joint resolution’ means only a joint resolution 

24 introduced in the period beginning on the 

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1 tion 801(a)(1)(A) is received by Congress and 

2 ending 60 days thereafter (excluding days ei3 ther House of Congress is adjourned for more 

4 than 3 days during a session of Congress), the 

5 matter after the resolving clause of which is 

6 as follows: ‘That Congress disapproves the 

7 nonmajor rule submitted by the l l relating 

8 to l l, and such rule shall have no force or 

9 effect.’ (The blank spaces being appropriately 

10 filled in). 

11 ‘‘(b)(1) A joint resolution described in sub12 section (a) shall be referred to the committees 

13 in each House of Congress with jurisdiction. 

14 ‘‘(2) For purposes of this section, the term 

15 submission or publication date means the 

16 later of the date on which— 

17 ‘‘(A) the Congress receives the report 

18 submitted under section 801(a)(1); or 

19 ‘‘(B) the nonmajor rule is published in 

20 the Federal Register, if so published. 

21 ‘‘(c) In the Senate, if the committee to 

22 which is referred a joint resolution described 

23 in subsection (a) has not reported such joint 

24 resolution (or an identical joint resolution) at 

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1 troduction of the joint resolution, such com2 mittee may be discharged from further con3 sideration of such joint resolution upon a pe4 tition supported in writing by 30 Members of 

5 the Senate, and such joint resolution shall be 

6 placed on the calendar. 

7 ‘‘(d)(1) In the Senate, when the committee 

8 to which a joint resolution is referred has re9 ported, or when a committee is discharged 

10 (under subsection (c)) from further consider11 ation of a joint resolution described in sub12 section (a), it is at any time thereafter in 

13 order (even though a previous motion to the 

14 same effect has been disagreed to) for a mo15 tion to proceed to the consideration of the 

16 joint resolution, and all points of order 

17 against the joint resolution (and against con18 sideration of the joint resolution) are waived. 

19 The motion is not subject to amendment, or 

20 to a motion to postpone, or to a motion to pro21 ceed to the consideration of other business. A 

22 motion to reconsider the vote by which the 

23 motion is agreed to or disagreed to shall not 

24 be in order. If a motion to proceed to the con25 sideration of the joint resolution is agreed to, 


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1 the joint resolution shall remain the unfin2 ished business of the Senate until disposed of. 

3 ‘‘(2) In the Senate, debate on the joint res4 olution, and on all debatable motions and ap5 peals in connection therewith, shall be lim6 ited to not more than 10 hours, which shall be 

7 divided equally between those favoring and 

8 those opposing the joint resolution. A motion 

9 to further limit debate is in order and not de10 batable. An amendment to, or a motion to 

11 postpone, or a motion to proceed to the con12 sideration of other business, or a motion to re13 commit the joint resolution is not in order. 

14 ‘‘(3) In the Senate, immediately following 

15 the conclusion of the debate on a joint resolu16 tion described in subsection (a), and a single 

17 quorum call at the conclusion of the debate if 

18 requested in accordance with the rules of the 

19 Senate, the vote on final passage of the joint 

20 resolution shall occur. 

21 ‘‘(4) Appeals from the decisions of the 

22 Chair relating to the application of the rules 

23 of the Senate to the procedure relating to a 

24 joint resolution described in subsection (a) 

25 shall be decided without debate. 


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1 ‘‘(e) In the Senate the procedure specified 

2 in subsection (c) or (d) shall not apply to the 

3 consideration of a joint resolution respecting 

4 a nonmajor rule— 

5 ‘‘(1) after the expiration of the 60 ses6 sion days beginning with the applicable 

7 submission or publication date, or 

8 ‘‘(2) if the report under section 

9 801(a)(1)(A) was submitted during the pe10 riod referred to in section 801(d)(1), after 

11 the expiration of the 60 session days be12 ginning on the 15th session day after the 

13 succeeding session of Congress first con14 venes. 

15 ‘‘(f) If, before the passage by one House of 

16 a joint resolution of that House described in 

17 subsection (a), that House receives from the 

18 other House a joint resolution described in 

19 subsection (a), then the following procedures 

20 shall apply: 

21 ‘‘(1) The joint resolution of the other 

22 House shall not be referred to a com23 mittee. 


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

2 described in subsection (a) of the House 

3 receiving the joint resolution— 

4 ‘‘(A) the procedure in that House 

5 shall be the same as if no joint resolu6 tion had been received from the other 

7 House; but 

8 ‘‘(B) the vote on final passage 

9 shall be on the joint resolution of the 

10 other House. 

11 ‘‘§ 804. Definitions 

12 ‘‘For purposes of this chapter— 

13 ‘‘(1) The term ‘Federal agency’ means 

14 any agency as that term is defined in sec15 tion 551(1). 

16 ‘‘(2) The term ‘major rule’ means any 

17 rule, including an interim final rule, that 

18 the Administrator of the Office of Infor19 mation and Regulatory Affairs of the Of20 fice of Management and Budget finds has 

21 resulted in or is likely to result in— 

22 ‘‘(A) an annual effect on the econ23 omy of $100,000,000 or more; 

24 ‘‘(B) a major increase in costs or 

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1 dustries, Federal, State, or local gov2 ernment agencies, or geographic re3 gions; or 

4 ‘‘(C) significant adverse effects on 

5 competition, employment, investment, 

6 productivity, innovation, or on the 

7 ability of United States-based enter8 prises to compete with foreign-based 

9 enterprises in domestic and export 

10 markets. 

11 ‘‘(3) The term ‘nonmajor rule’ means 

12 any rule that is not a major rule. 

13 ‘‘(4) The term ‘rule’ has the meaning 

14 given such term in section 551, except 

15 that such term does not include— 

16 ‘‘(A) any rule of particular appli17 cability, including a rule that ap18 proves or prescribes for the future 

19 rates, wages, prices, services, or al20 lowances therefore, corporate or fi21 nancial structures, reorganizations, 

22 mergers, or acquisitions thereof, or 

23 accounting practices or disclosures 

24 bearing on any of the foregoing; 


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1 ‘‘(B) any rule relating to agency 

2 management or personnel; or 

3 ‘‘(C) any rule of agency organiza4 tion, procedure, or practice that does 

5 not substantially affect the rights or 

6 obligations of non-agency parties. 

7 ‘‘§ 805. Judicial review 

8 ‘‘(a) No determination, finding, action, or 

9 omission under this chapter shall be subject 

10 to judicial review. 

11 ‘‘(b) Notwithstanding subsection (a), a 

12 court may determine whether a Federal agen13 cy has completed the necessary requirements 

14 under this chapter for a rule to take effect. 

15 ‘‘(c) The enactment of a joint resolution of 

16 approval under section 802 shall not be inter17 preted to serve as a grant or modification of 

18 statutory authority by Congress for the pro19 mulgation of a rule, shall not extinguish or af20 fect any claim, whether substantive or proce21 dural, against any alleged defect in a rule, and 

22 shall not form part of the record before the 

23 court in any judicial proceeding concerning a 

24 rule except for purposes of determining 

25 whether or not the rule is in effect. 


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1 ‘‘§ 806. Exemption for monetary policy 

2 ‘‘Nothing in this chapter shall apply to 

3 rules that concern monetary policy proposed 

4 or implemented by the Board of Governors of 

5 the Federal Reserve System or the Federal 

6 Open Market Committee. 

7 ‘‘§ 807. Effective date of certain rules 

8 ‘‘Notwithstanding section 801— 

9 ‘‘(1) any rule that establishes, modi10 fies, opens, closes, or conducts a regu11 latory program for a commercial, rec12 reational, or subsistence activity related 

13 to hunting, fishing, or camping; or 

14 ‘‘(2) any rule other than a major rule 

15 which an agency for good cause finds 

16 (and incorporates the finding and a brief 

17 statement of reasons therefore in the rule 

18 issued) that notice and public procedure 

19 thereon are impracticable, unnecessary, 

20 or contrary to the public interest, 

21 shall take effect at such time as the Federal 

22 agency promulgating the rule determines.’’. 


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Union Calendar No. 192 

112TH CONGRESS 

1ST SESSION H. R. 10 

[Report No. 112–278, Parts I and II] 

A BILL 

To amend chapter 8 of title 5, United States Code, 

resolution of approval is enacted into law. branch shall have no force or effect unless a joint to provide that major rules of the executive 

NOVEMBER 18, 2011 

Reported from the Committee on Rules with an amendon the State of the Union, and ordered to be printed ment, committed to the Committee of the Whole House 


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