II 

112TH CONGRESS 

1ST SESSION S. 299 

To amend chapter 8 of title 5, United States Code, to provide that major 

rules of the executive branch shall have no force or effect unless a 

joint resolution of approval is enacted into law. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2011 

Mr. PAUL (for himself, Mr. DEMINT, Mr. ENSIGN, Mr. GRASSLEY, Mr. 

COBURN, Mr. BLUNT, Mr. THUNE, Mr. ENZI, Mr. CORNYN, Mr. HATCH, 

Mr. CHAMBLISS, Mr. JOHNSON of Wisconsin, Mr. ISAKSON, Mr. 

BARRASSO, Mr. WICKER, Ms. AYOTTE, Mr. SESSIONS, Mr. PORTMAN, 

Mr. JOHANNS, Mr. BOOZMAN, Mr. VITTER, Mr. LEE, Mr. INHOFE, Mrs. 

HUTCHISON, and Mr. RUBIO) introduced the following bill; which was 

read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

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

that major rules of the executive branch shall have no 

force or effect unless a joint resolution of approval is 

enacted into law. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Executive in Need of Scrutiny Act of 2011’’ or the 

4 ‘‘REINS Act’’. 

5 SEC. 2. FINDINGS AND PURPOSE. 

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

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

8 Constitution grants all legislative powers to Con9 gress. 

10 (2) Over time, Congress has excessively dele11 gated its constitutional charge while failing to con12 duct appropriate oversight and retain accountability 

13 for the content of the laws it passes. 

14 (3) By requiring a vote in Congress, this Act 

15 will result in more carefully drafted and detailed leg16 islation, an improved regulatory process, and a legis17 lative branch that is truly accountable to the people 

18 of the United States for the laws imposed upon 

19 them. 

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

21 accountability for and transparency in the Federal regu22 latory process. 

23 SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE24 MAKING. 

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

26 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; 

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

12 nonmajor rule, including an explanation of the clas13 sification specifically addressing each criteria for a 

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

15 804(2)(B), and 804(2)(C); 

16 ‘‘(iv) a list of any other related regulatory ac17 tions intended to implement the same statutory pro18 vision or regulatory objective as well as the indi19 vidual and aggregate economic effects of those ac20 tions; and 

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


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

2 under subparagraph (A), the Federal agency promulgating 

3 the rule shall submit to the Comptroller General and make 

4 available to each House of Congress— 

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

6 of the rule, if any; 

7 ‘‘(ii) the agency’s actions pursuant to title 5 of 

8 the United States Code, sections 603, 604, 605, 

9 607, and 609; 

10 ‘‘(iii) the agency’s actions pursuant to title 2 of 

11 the United States Code, sections 1532, 1533, 1534, 

12 and 1535; and 

13 ‘‘(iv) any other relevant information or require14 ments under any other Act and any relevant Execu15 tive orders. 

16 ‘‘(C) Upon receipt of a report submitted under sub17 paragraph (A), each House shall provide copies of the re18 port to the chairman and ranking member of each stand19 ing committee with jurisdiction under the rules of the 

20 House of Representatives or the Senate to report a bill 

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

22 issued. 

23 ‘‘(2)(A) The Comptroller General shall provide a re24 port on each major rule to the committees of jurisdiction 

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


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1 publication date as provided in section 802(b)(2). The re2 port of the Comptroller General shall include an assess3 ment of the agency’s compliance with procedural steps re4 quired by paragraph (1)(B). 

5 ‘‘(B) Federal agencies shall cooperate with the Comp6 troller General by providing information relevant to the 

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

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

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

10 a joint resolution of approval described in section 802 or 

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

12 resolution of approval described in section 802, whichever 

13 is later. 

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

15 by section 803 after submission to Congress under para16 graph (1). 

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

18 major rule is not enacted within the period provided in 

19 subsection (b)(2), then a joint resolution of approval relat20 ing to the same rule may not be considered under this 

21 chapter in the same Congress by either the House of Rep22 resentatives or the Senate. 

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

24 Congress enacts a joint resolution of approval described 

25 under section 802. 


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

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

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

4 which the report referred to in section 801(a)(1)(A) is re5 ceived by Congress (excluding days either House of Con6 gress is adjourned for more than 3 days during a session 

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

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

9 not take effect. 

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

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

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

13 President makes a determination under paragraph (2) and 

14 submits written notice of such determination to the Con15 gress. 

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

17 by the President by Executive order that the major rule 

18 should take effect because such rule is— 

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

20 to health or safety or other emergency; 

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

22 laws; 

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

24 ‘‘(D) issued pursuant to any statute imple25 menting an international trade agreement. 


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

2 under this subsection shall have no effect on the proce3 dures under section 802. 

4 ‘‘(d)(1) In addition to the opportunity for review oth5 erwise provided under this chapter, in the case of any rule 

6 for which a report was submitted in accordance with sub7 section (a)(1)(A) during the period beginning on the date 

8 occurring— 

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

10 or 

11 ‘‘(B) in the case of the House of Representa12 tives, 60 legislative days, 

13 before the date the Congress is scheduled to adjourn a 

14 session of Congress through the date on which the same 

15 or succeeding Congress first convenes its next session, sec16 tions 802 and 803 shall apply to such rule in the suc17 ceeding session of Congress. 

18 ‘‘(2)(A) In applying sections 802 and 803 for pur19 poses of such additional review, a rule described under 

20 paragraph (1) shall be treated as though— 

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

22 Register on— 

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

24 session day, or 


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

3 after the succeeding session of Congress first con4 venes; 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) For purposes of this section, the term ‘joint res17 olution’ means only a joint resolution introduced on or 

18 after the date on which the report referred to in section 

19 801(a)(1)(A) is received by Congress (excluding days ei20 ther House of Congress is adjourned for more than 3 days 

21 during a session of Congress), the matter after the resolv22 ing clause of which is as follows: ‘That Congress approves 

23 the rule submitted by the l l relating to l l.’ (The 

24 blank spaces being appropriately filled in). 


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

2 House of Representatives (or his designee) and the 

3 minority leader of the House of Representatives (or 

4 his designee) shall introduce such joint resolution 

5 described in subsection (a) (by request), within 3 

6 legislative days after Congress receives the report re7 ferred to in section 801(a)(1)(A). 

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

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

10 the Senate (or his designee) shall introduce such 

11 joint resolution described in subsection (a) (by re12 quest), within 3 session days after Congress receives 

13 the report referred to in section 801(a)(1)(A). 

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

15 shall be referred to the committees in each House of Con16 gress with jurisdiction under the rules of the House of 

17 Representatives or the Senate to report a bill to amend 

18 the provision of law under which the rule is issued. 

19 ‘‘(2) For purposes of this section, the term ‘submis20 sion date’ means the date on which the Congress receives 

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

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

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

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

25 days after its introduction, such committee or committees 


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1 shall be automatically discharged from further consider2 ation of the resolution and it shall be placed on the cal3 endar. A vote on final passage of the resolution shall be 

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

5 the resolution is reported by the committee or committees 

6 to which it was referred, or after such committee or com7 mittees have been discharged from further consideration 

8 of the resolution. 

9 ‘‘(d)(1) In the Senate, when the committee or com10 mittees to which a joint resolution is referred have re11 ported, or when a committee or committees are discharged 

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

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

14 time thereafter in order (even though a previous motion 

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

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

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

18 consideration of the joint resolution) are waived. The mo19 tion is not subject to amendment, or to a motion to post20 pone, or to a motion to proceed to the consideration of 

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

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

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

24 joint resolution is agreed to, the joint resolution shall reVerDate Mar 15 2010 00:34 Feb 08, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S299.IS S299

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1 main the unfinished business of the Senate until disposed 

2 of. 

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

4 and on all debatable motions and appeals in connection 

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

6 shall be divided equally between those favoring and those 

7 opposing the joint resolution. A motion to further limit 

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

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

10 consideration of other business, or a motion to recommit 

11 the joint resolution is not in order. 

12 ‘‘(3) In the Senate, immediately following the conclu13 sion of the debate on a joint resolution described in sub14 section (a), and a single quorum call at the conclusion of 

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

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

17 shall occur. 

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

19 to the application of the rules of the Senate to the proce20 dure relating to a joint resolution described in subsection 

21 (a) shall be decided without debate. 

22 ‘‘(e)(1) In the House of Representatives, if the com23 mittee or committees to which a joint resolution described 

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

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


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1 such committee or committees shall be automatically dis2 charged from further consideration of the resolution and 

3 it shall be placed on the appropriate calendar. A vote on 

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

5 the close of the 15th legislative day after the resolution 

6 is reported by the committee or committees to which it 

7 was referred, or after such committee or committees have 

8 been discharged from further consideration of the resolu9 tion. 

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

11 proceed to the consideration of a resolution shall be privi12 leged and not debatable. An amendment to the motion 

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

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

15 disagreed to. 

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

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

18 which shall be divided equally between those favoring and 

19 those opposing the resolution. A motion to further limit 

20 debate shall not be debatable. No amendment to, or mo21 tion to recommit, the resolution shall be in order. It shall 

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

23 is agreed to or disagreed to. 

24 ‘‘(C) Motions to postpone, made in the House of Rep25 resentatives with respect to the consideration of a resoluVerDate Mar 15 2010 00:34 Feb 08, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S299.IS S299

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1 tion, and motions to proceed to the consideration of other 

2 business, shall be decided without debate. 

3 ‘‘(D) All appeals from the decisions of the Chair re4 lating to the application of the Rules of the House of Rep5 resentatives to the procedure relating to a resolution shall 

6 be decided without debate. 

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

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

9 House receives from the other House a joint resolution 

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

11 shall apply with respect to a joint resolution described in 

12 subsection (a) of the House receiving the joint resolu13 tion— 

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

15 same as if no joint resolution had been received from 

16 the other House; but 

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

18 joint resolution of the other House. 

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

20 not serve as a grant or modification of statutory authority 

21 by Congress for the promulgation of a rule, does not extin22 guish or affect any claim, whether substantive or proce23 dural, against any alleged defect in a rule, and shall not 

24 form part of the record before the court in any judicial 

25 proceeding concerning a rule. 


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

2 Congress— 

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

4 the Senate and House of Representatives, respec5 tively, and as such it is deemed a part of the rules 

6 of each House, respectively, but applicable only with 

7 respect to the procedure to be followed in that 

8 House in the case of a joint resolution described in 

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

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

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

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

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

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

15 the case of any other rule of that House. 

16 ‘‘§ 803. Congressional disapproval procedure for 

17 nonmajor rules 

18 ‘‘(a) For purposes of this section, the term ‘joint res19 olution’ means only a joint resolution introduced in the 

20 period beginning on the date on which the report referred 

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

22 ending 60 days thereafter (excluding days either House 

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

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

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


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

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

3 spaces being appropriately filled in). 

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

5 shall be referred to the committees in each House of Con6 gress with jurisdiction. 

7 ‘‘(2) For purposes of this section, the term ‘submis8 sion or publication date’ means the later of the date on 

9 which— 

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

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

12 ‘‘(B) the nonmajor rule is published in the Fed13 eral Register, if so published. 

14 ‘‘(c) In the Senate, if the committee to which is re15 ferred a joint resolution described in subsection (a) has 

16 not reported such joint resolution (or an identical joint 

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

18 of introduction of the joint resolution, such committee may 

19 be discharged from further consideration of such joint res20 olution upon a petition supported in writing by 30 Mem21 bers of the Senate, and such joint resolution shall be 

22 placed on the calendar. 

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

24 a joint resolution is referred has reported, or when a com25 mittee is discharged (under subsection (c)) from further 


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1 consideration of a joint resolution described in subsection 

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

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

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

5 resolution, and all points of order against the joint resolu6 tion (and against consideration of the joint resolution) are 

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

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

9 consideration of other business. A motion to reconsider the 

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

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

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

13 shall remain the unfinished business of the Senate until 

14 disposed of. 

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

16 and on all debatable motions and appeals in connection 

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

18 which shall be divided equally between those favoring and 

19 those opposing the joint resolution. A motion to further 

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

21 to, or a motion to postpone, or a motion to proceed to 

22 the consideration of other business, or a motion to recom23 mit the joint 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 00:34 Feb 08, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S299.IS S299

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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 

4 shall occur. 

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

6 to the application of the rules of the Senate to the proce7 dure relating to a joint resolution described in subsection 

8 (a) shall be decided without debate. 

9 ‘‘(e) In the Senate the procedure specified in sub10 section (c) or (d) shall not apply to the consideration of 

11 a joint 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) 

16 was submitted during the period referred to in sec17 tion 801(d)(1), after the expiration of the 60 session 

18 days beginning on the 15th session day after the 

19 succeeding session of Congress first convenes. 

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

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

22 House receives from the other House a joint resolution 

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

24 shall apply: 


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

2 shall not be referred to a committee. 

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

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

5 resolution— 

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

7 the same as if no joint resolution had been re8 ceived from the other House; but 

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

10 the joint resolution of the other House. 

11 ‘‘§ 804. Definitions 

12 ‘‘For purposes of this chapter— 

13 ‘‘(1) the term ‘Federal agency’ means any agen14 cy as that term is defined in section 551(1); 

15 ‘‘(2) the term ‘major rule’ means any rule, in16 cluding an interim final rule, that the Administrator 

17 of the Office of Information and Regulatory Affairs 

18 of the Office of Management and Budget finds has 

19 resulted in or is likely to result in— 

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

21 $100,000,000 or more; 

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

23 consumers, individual industries, Federal, 

24 State, or local government agencies, or geo25 graphic regions; or 


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1 ‘‘(C) significant adverse effects on competi2 tion, employment, investment, productivity, in3 novation, or on the ability of United States4 based enterprises to compete with foreign-based 

5 enterprises in domestic and export markets; 

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

7 that is not a major rule; and 

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

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

10 include— 

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

12 including a rule that approves or prescribes for 

13 the future rates, wages, prices, services, or al14 lowances therefore, corporate or financial struc15 tures, reorganizations, mergers, or acquisitions 

16 thereof, or accounting practices or disclosures 

17 bearing on any of the foregoing; 

18 ‘‘(B) any rule relating to agency manage19 ment or personnel; or 

20 ‘‘(C) any rule of agency organization, pro21 cedure, or practice that does not substantially 

22 affect the rights or obligations of non-agency 

23 parties. 


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1 ‘‘§ 805. Judicial review 

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

3 under this chapter shall be subject to judicial review. 

4 ‘‘(b) Notwithstanding subsection (a), a court may de5 termine whether a Federal agency has completed the nec6 essary requirements under this chapter for a rule to take 

7 effect. 

8 ‘‘§ 806. Exemption for monetary policy 

9 ‘‘Nothing in this chapter shall apply to rules that con10 cern monetary policy proposed or implemented by the 

11 Board of Governors of the Federal Reserve System or the 

12 Federal Open Market Committee. 

13 ‘‘§ 807. Effective date of certain rules 

14 ‘‘Notwithstanding section 801— 

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

16 closes, or conducts a regulatory program for a com17 mercial, recreational, or subsistence activity related 

18 to hunting, fishing, or camping; or 

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

20 agency for good cause finds (and incorporates the 

21 finding and a brief statement of reasons therefore in 

22 the rule issued) that notice and public procedure 

23 thereon are impracticable, unnecessary, or contrary 

24 to the public interest, 


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1 shall take effect at such time as the Federal agency pro2 mulgating the rule determines.’’. 

Æ 


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