I 
112TH CONGRESS 
2D SESSION 
H. R. 4116 
To provide for regulatory accountability and for the revision of economically 
burdensome regulations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2012 
Mr. LATHAM introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Rules, the 
Budget, and Oversight and Government Reform, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for regulatory accountability and for the revision 
of economically burdensome regulations, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulatory Account-
ability and Economic Freedom Act of 2012’’. 
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TITLE I—REGULATORY 
ACCOUNTABILITY 
SEC. 101. DEFINITIONS. 
Section 551 of title 5, United States Code, is amend-
ed— 
(1) in paragraph (13), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (14), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(15) ‘major rule’ means any rule that the Ad-
ministrator of the Office of Information and Regu-
latory Affairs determines is likely to impose— 
‘‘(A) an annual effect on the economy of 
$100,000,000 or more, adjusted annually for 
inflation; 
‘‘(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
State, local, or tribal government agencies, or 
geographic regions; 
‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, or on the ability of United States- 
based enterprises to compete with foreign-based 
enterprises in domestic and export markets; or 
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‘‘(D) significant impacts on multiple sec-
tors of the economy; and 
‘‘(16) ‘high-impact rule’ means any rule that 
the Administrator of the Office of Information and 
Regulatory Affairs determines is likely to impose an 
annual cost on the economy of $1,000,000,000 or 
more, adjusted annually for inflation.’’. 
SEC. 102. RULE MAKING. 
(a) Section 553(a) of title 5, United States Code, is 
amended by striking ‘‘(a) This section applies’’ and insert-
ing ‘‘(a) APPLICABILITY.—This section applies’’. 
(b) Section 553 of title 5, United States Code, is 
amended by striking subsections (b) through (c) and in-
serting the following: 
‘‘(b) RULE MAKING CONSIDERATIONS.—In a rule 
making, an agency shall make all preliminary and final 
factual determinations based on evidence and consider, in 
addition to other applicable considerations, the following: 
‘‘(1) The legal authority under which a rule 
may be proposed, including whether a rule making 
is required by statute, and if so, whether by a spe-
cific date, or whether the agency has discretion to 
commence a rule making. 
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‘‘(2) Other statutory considerations applicable 
to whether the agency can or should propose a rule 
or undertake other agency action. 
‘‘(3) The specific nature and significance of the 
problem the agency may address with a rule (includ-
ing the degree and nature of risks the problem poses 
and the priority of addressing those risks compared 
to other matters or activities within the agency’s ju-
risdiction), whether the problem warrants new agen-
cy action, and the countervailing risks that may be 
posed by alternatives for new agency action. 
‘‘(4) Whether existing rules have created or 
contributed to the problem the agency may address 
with a rule and whether those rules could be amend-
ed or rescinded to address the problem in whole or 
part. 
‘‘(5) Any reasonable alternatives for a new rule 
or other response identified by the agency or inter-
ested persons, including not only responses that 
mandate particular conduct or manners of compli-
ance, but also— 
‘‘(A) the alternative of no Federal re-
sponse; 
‘‘(B) amending or rescinding existing 
rules; 
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‘‘(C) potential regional, State, local, or 
tribal regulatory action or other responses that 
could be taken in lieu of agency action; and 
‘‘(D) potential responses that— 
‘‘(i) specify performance objectives 
rather than conduct or manners of compli-
ance; 
‘‘(ii) establish economic incentives to 
encourage desired behavior; 
‘‘(iii) provide information upon which 
choices can be made by the public; or 
‘‘(iv) incorporate other innovative al-
ternatives rather than agency actions that 
specify conduct or manners of compliance. 
‘‘(6) Notwithstanding any other provision of 
law— 
‘‘(A) the potential costs and benefits asso-
ciated with potential alternative rules and other 
responses considered under section 553(b)(5), 
including direct, indirect, and cumulative costs 
and benefits and estimated impacts on jobs (in-
cluding an estimate of the net gain or loss in 
domestic jobs), economic growth, innovation, 
and economic competitiveness; 
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‘‘(B) means to increase the cost-effective-
ness of any Federal response; and 
‘‘(C) incentives for innovation, consistency, 
predictability, lower costs of enforcement and 
compliance (to Government entities, regulated 
entities, and the public), and flexibility. 
‘‘(c) ADVANCE NOTICE OF PROPOSED RULE MAKING 
FOR MAJOR RULES, HIGH-IMPACT RULES, AND RULES 
INVOLVING NOVEL LEGAL OR POLICY ISSUES.—In the 
case of a rule making for a major rule or high-impact rule 
or a rule that involves a novel legal or policy issue arising 
out of statutory mandates, not later than 90 days before 
a notice of proposed rule making is published in the Fed-
eral Register, an agency shall publish advance notice of 
proposed rule making in the Federal Register. In pub-
lishing such advance notice, the agency shall— 
‘‘(1) include a written statement identifying, at 
a minimum— 
‘‘(A) the nature and significance of the 
problem the agency may address with a rule, in-
cluding data and other evidence and informa-
tion on which the agency expects to rely for the 
proposed rule; 
‘‘(B) the legal authority under which a rule 
may be proposed, including whether a rule mak-
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ing is required by statute, and if so, whether by 
a specific date, or whether the agency has dis-
cretion to commence a rule making; 
‘‘(C) preliminary information available to 
the agency concerning the other considerations 
specified in subsection (b); 
‘‘(D) an explanation of how addressing the 
problem will help the agency meet its perform-
ance goals reported to Congress under the Gov-
ernment Performance and Results Act; and 
‘‘(E) in the case of a rule that involves a 
novel legal or policy issue arising out of statu-
tory mandates, the nature of and potential rea-
sons to adopt the novel legal or policy position 
upon which the agency may base a proposed 
rule; 
‘‘(2) make publicly available any data used in 
any cost-benefit analysis conducted by the agency 
for purposes of the rule making; 
‘‘(3) solicit written data, views or argument 
from interested persons concerning the information 
and issues addressed in the advance notice; and 
‘‘(4) provide for a period of not fewer than 60 
days for interested persons to submit such written 
data, views, or argument to the agency.’’. 
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SEC. 103. EFFECTIVE DATE. 
The amendments made by this Act to sections 553 
of title 5, United States Code, shall not apply to any rule 
makings pending or completed on the date of enactment 
of this Act. 
TITLE II—CONGRESSIONAL RE-
VIEW OF AGENCY RULE MAK-
ING 
SEC. 201. PURPOSE. 
The purpose of this Act is to increase accountability 
for and transparency in the Federal regulatory process. 
Section 1 of article I of the United States Constitution 
grants all legislative powers to Congress. Over time, Con-
gress has excessively delegated its constitutional charge 
while failing to conduct appropriate oversight and retain 
accountability for the content of the laws it passes. By 
requiring a vote in Congress, the REINS Act will result 
in more carefully drafted and detailed legislation, an im-
proved regulatory process, and a legislative branch that 
is truly accountable to the American people for the laws 
imposed upon them. 
SEC. 202. CONGRESSIONAL REVIEW OF AGENCY RULE MAK-
ING. 
Chapter 8 of title 5, United States Code, is amended 
to read as follows: 
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‘‘CHAPTER 8—CONGRESSIONAL REVIEW 
OF AGENCY RULE MAKING 
‘‘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. 
‘‘§ 801. Congressional review 
‘‘(a)(1)(A) Before a rule may take effect, the Federal 
agency promulgating such rule shall submit to each House 
of the Congress and to the Comptroller General a report 
containing— 
‘‘(i) a copy of the rule; 
‘‘(ii) a concise general statement relating to the 
rule; 
‘‘(iii) a classification of the rule as a major or 
nonmajor rule, including an explanation of the clas-
sification specifically addressing each criteria for a 
major rule contained within sections 804(2)(A), 
804(2)(B), and 804(2)(C); 
‘‘(iv) a list of any other related regulatory ac-
tions intended to implement the same statutory pro-
vision or regulatory objective as well as the indi-
vidual and aggregate economic effects of those ac-
tions; and 
‘‘(v) the proposed effective date of the rule. 
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‘‘(B) On the date of the submission of the report 
under subparagraph (A), the Federal agency promulgating 
the rule shall submit to the Comptroller General and make 
available to each House of Congress— 
‘‘(i) a complete copy of the cost-benefit analysis 
of the rule, if any, including an analysis of any jobs 
added or lost, differentiating between public and pri-
vate sector jobs; 
‘‘(ii) the agency’s actions pursuant to sections 
603, 604, 605, 607, and 609 of this title; 
‘‘(iii) the agency’s actions pursuant to sections 
202, 203, 204, and 205 of the Unfunded Mandates 
Reform Act of 1995; and 
‘‘(iv) any other relevant information or require-
ments under any other Act and any relevant Execu-
tive orders. 
‘‘(C) Upon receipt of a report submitted under sub-
paragraph (A), each House shall provide copies of the re-
port to the chairman and ranking member of each stand-
ing committee with jurisdiction under the rules of the 
House of Representatives or the Senate to report a bill 
to amend the provision of law under which the rule is 
issued. 
‘‘(2)(A) The Comptroller General shall provide a re-
port on each major rule to the committees of jurisdiction 
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by the end of 15 calendar days after the submission or 
publication date as provided in section 802(b)(2). The re-
port of the Comptroller General shall include an assess-
ment of the agency’s compliance with procedural steps re-
quired by paragraph (1)(B). 
‘‘(B) Federal agencies shall cooperate with the Comp-
troller General by providing information relevant to the 
Comptroller General’s report under subparagraph (A). 
‘‘(3) A major rule relating to a report submitted 
under paragraph (1) shall take effect upon enactment of 
a joint resolution of approval described in section 802 or 
as provided for in the rule following enactment of a joint 
resolution of approval described in section 802, whichever 
is later. 
‘‘(4) A nonmajor rule shall take effect as provided 
by section 803 after submission to Congress under para-
graph (1). 
‘‘(5) If a joint resolution of approval relating to a 
major rule is not enacted within the period provided in 
subsection (b)(2), then a joint resolution of approval relat-
ing to the same rule may not be considered under this 
chapter in the same Congress by either the House of Rep-
resentatives or the Senate. 
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‘‘(b)(1) A major rule shall not take effect unless the 
Congress enacts a joint resolution of approval described 
under section 802. 
‘‘(2) If a joint resolution described in subsection (a) 
is not enacted into law by the end of 70 session days or 
legislative days, as applicable, beginning on the date on 
which the report referred to in section 801(a)(1)(A) is re-
ceived by Congress (excluding days either House of Con-
gress is adjourned for more than 3 days during a session 
of Congress), then the rule described in that resolution 
shall be deemed not to be approved and such rule shall 
not take effect. 
‘‘(c)(1) Notwithstanding any other provision of this 
section (except subject to paragraph (3)), a major rule 
may take effect for one 90-calendar-day period if the 
President makes a determination under paragraph (2) and 
submits written notice of such determination to the Con-
gress. 
‘‘(2) Paragraph (1) applies to a determination made 
by the President by Executive order that the major rule 
should take effect because such rule is— 
‘‘(A) necessary because of an imminent threat 
to health or safety or other emergency; 
‘‘(B) necessary for the enforcement of criminal 
laws; 
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‘‘(C) necessary for national security; or 
‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement. 
‘‘(3) An exercise by the President of the authority 
under this subsection shall have no effect on the proce-
dures under section 802. 
‘‘(d)(1) In addition to the opportunity for review oth-
erwise provided under this chapter, in the case of any rule 
for which a report was submitted in accordance with sub-
section (a)(1)(A) during the period beginning on the date 
occurring— 
‘‘(A) in the case of the Senate, 60 session days, 
or 
‘‘(B) in the case of the House of Representa-
tives, 60 legislative days, 
before the date the Congress is scheduled to adjourn a 
session of Congress through the date on which the same 
or succeeding Congress first convenes its next session, sec-
tions 802 and 803 shall apply to such rule in the suc-
ceeding session of Congress. 
‘‘(2)(A) In applying sections 802 and 803 for pur-
poses of such additional review, a rule described under 
paragraph (1) shall be treated as though— 
‘‘(i) such rule were published in the Federal 
Register on— 
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‘‘(I) in the case of the Senate, the 15th 
session day, or 
‘‘(II) in the case of the House of Rep-
resentatives, the 15th legislative day, 
after the succeeding session of Congress first con-
venes; and 
‘‘(ii) a report on such rule were submitted to 
Congress under subsection (a)(1) on such date. 
‘‘(B) Nothing in this paragraph shall be construed 
to affect the requirement under subsection (a)(1) that a 
report shall be submitted to Congress before a rule can 
take effect. 
‘‘(3) A rule described under paragraph (1) shall take 
effect as otherwise provided by law (including other sub-
sections of this section). 
‘‘§ 802. Congressional approval procedure for major 
rules 
‘‘(a)(1) For purposes of this section, the term ‘joint 
resolution’ means only a joint resolution addressing a re-
port classifying a rule as major pursuant to section 
801(a)(1)(A)(iii) that— 
‘‘(A) bears no preamble; 
‘‘(B) bears the following title (with blanks filled 
as appropriate): ‘Approving the rule submitted by 
lll relating to lll.’; 
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‘‘(C) includes after its resolving clause only the 
following (with blanks filled as appropriate): ‘That 
Congress approves the rule submitted by lll re-
lating to lll.’; and 
‘‘(D) is introduced pursuant to paragraph (2). 
‘‘(2) After a House of Congress receives a report 
classifying a rule as major pursuant to section 
801(a)(1)(A)(iii), the majority leader of that House (or 
his or her respective designee) shall introduce (by request, 
if appropriate) a joint resolution described in paragraph 
(1)— 
‘‘(A) in the case of the House of Representa-
tives, within three legislative days; and 
‘‘(B) in the case of the Senate, within three ses-
sion days. 
‘‘(3) A joint resolution described in paragraph (1) 
shall not be subject to amendment at any stage of pro-
ceeding. 
‘‘(b) A joint resolution described in subsection (a) 
shall be referred in each House of Congress to the commit-
tees having jurisdiction over the provision of law under 
which the rule is issued. 
‘‘(c) In the Senate, if the committee or committees 
to which a joint resolution described in subsection (a) has 
been referred have not reported it at the end of 15 session 
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days after its introduction, such committee or committees 
shall be automatically discharged from further consider-
ation of the resolution and it shall be placed on the cal-
endar. A vote on final passage of the resolution shall be 
taken on or before the close of the 15th session day after 
the resolution is reported by the committee or committees 
to which it was referred, or after such committee or com-
mittees have been discharged from further consideration 
of the resolution. 
‘‘(d)(1) In the Senate, when the committee or com-
mittees to which a joint resolution is referred have re-
ported, or when a committee or committees are discharged 
(under subsection (c)) from further consideration of a 
joint resolution described in subsection (a), it is at any 
time thereafter in order (even though a previous motion 
to the same effect has been disagreed to) for a motion 
to proceed to the consideration of the joint resolution, and 
all points of order against the joint resolution (and against 
consideration of the joint resolution) are waived. The mo-
tion is not subject to amendment, or to a motion to post-
pone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which 
the motion is agreed to or disagreed to shall not be in 
order. If a motion to proceed to the consideration of the 
joint resolution is agreed to, the joint resolution shall re-
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main the unfinished business of the Senate until disposed 
of. 
‘‘(2) In the Senate, debate on the joint resolution, 
and on all debatable motions and appeals in connection 
therewith, shall be limited to not more than 2 hours, which 
shall be divided equally between those favoring and those 
opposing the joint resolution. A motion to further limit 
debate is in order and not debatable. An amendment to, 
or a motion to postpone, or a motion to proceed to the 
consideration of other business, or a motion to recommit 
the joint resolution is not in order. 
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
section (a), and a single quorum call at the conclusion of 
the debate if requested in accordance with the rules of the 
Senate, the vote on final passage of the joint resolution 
shall occur. 
‘‘(4) Appeals from the decisions of the Chair relating 
to the application of the rules of the Senate to the proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate. 
‘‘(e) In the House of Representatives, if any com-
mittee to which a joint resolution described in subsection 
(a) has been referred has not reported it to the House 
at the end of 15 legislative days after its introduction, 
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such committee shall be discharged from further consider-
ation of the joint resolution, and it shall be placed on the 
appropriate calendar. On the second and fourth Thursdays 
of each month it shall be in order at any time for the 
Speaker to recognize a Member who favors passage of a 
joint resolution that has appeared on the calendar for at 
least 5 legislative days to call up that joint resolution for 
immediate consideration in the House without intervention 
of any point of order. When so called up a joint resolution 
shall be considered as read and shall be debatable for 1 
hour equally divided and controlled by the proponent and 
an opponent, and the previous question shall be considered 
as ordered to its passage without intervening motion. It 
shall not be in order to reconsider the vote on passage. 
If a vote on final passage of the joint resolution has not 
been taken by the third Thursday on which the Speaker 
may recognize a Member under this subsection, such vote 
shall be taken on that day. 
‘‘(f)(1) If, before passing a joint resolution described 
in subsection (a), one House receives from the other a 
joint resolution having the same text, then— 
‘‘(A) the joint resolution of the other House 
shall not be referred to a committee; and 
‘‘(B) the procedure in the receiving House shall 
be the same as if no joint resolution had been re-
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ceived from the other House until the vote on pas-
sage, when the joint resolution received from the 
other House shall supplant the joint resolution of 
the receiving House. 
‘‘(2) This subsection shall not apply to the House of 
Representatives if the joint resolution received from the 
Senate is a revenue measure. 
‘‘(g) If either House has not taken a vote on final 
passage of the joint resolution by the last day of the period 
described in section 801(b)(2), then such vote shall be 
taken on that day. 
‘‘(h) This section and section 803 are enacted by 
Congress— 
‘‘(1) as an exercise of the rule making power of 
the Senate and House of Representatives, respec-
tively, and as such is deemed to be part of the rules 
of each House, respectively, but applicable only with 
respect to the procedure to be followed in that 
House in the case of a joint resolution described in 
subsection (a) and superseding other rules only 
where explicitly so; and 
‘‘(2) with full recognition of the Constitutional 
right of either House to change the rules (so far as 
they relate to the procedure of that House) at any 
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time, in the same manner and to the same extent as 
in the case of any other rule of that House. 
‘‘§ 803. 
Congressional 
disapproval 
procedure 
for 
nonmajor rules 
‘‘(a) For purposes of this section, the term ‘joint res-
olution’ means only a joint resolution introduced in the 
period beginning on the date on which the report referred 
to in section 801(a)(1)(A) is received by Congress and 
ending 60 days thereafter (excluding days either House 
of Congress is adjourned for more than 3 days during a 
session of Congress), the matter after the resolving clause 
of which is as follows: ‘That Congress disapproves the 
nonmajor rule submitted by the lll relating to 
lll, and such rule shall have no force or effect.’ (The 
blank spaces being appropriately filled in). 
‘‘(b)(1) A joint resolution described in subsection (a) 
shall be referred to the committees in each House of Con-
gress with jurisdiction. 
‘‘(2) For purposes of this section, the term submis-
sion or publication date means the later of the date on 
which— 
‘‘(A) the Congress receives the report submitted 
under section 801(a)(1); or 
‘‘(B) the nonmajor rule is published in the Fed-
eral Register, if so published. 
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‘‘(c) In the Senate, if the committee to which is re-
ferred a joint resolution described in subsection (a) has 
not reported such joint resolution (or an identical joint 
resolution) at the end of 15 session days after the date 
of introduction of the joint resolution, such committee may 
be discharged from further consideration of such joint res-
olution upon a petition supported in writing by 30 Mem-
bers of the Senate, and such joint resolution shall be 
placed on the calendar. 
‘‘(d)(1) In the Senate, when the committee to which 
a joint resolution is referred has reported, or when a com-
mittee is discharged (under subsection (c)) from further 
consideration of a joint resolution described in subsection 
(a), it is at any time thereafter in order (even though a 
previous motion to the same effect has been disagreed to) 
for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint resolu-
tion (and against consideration of the joint resolution) are 
waived. The motion is not subject to amendment, or to 
a motion to postpone, or to a motion to proceed to the 
consideration of other business. A motion to reconsider the 
vote by which the motion is agreed to or disagreed to shall 
not be in order. If a motion to proceed to the consideration 
of the joint resolution is agreed to, the joint resolution 
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shall remain the unfinished business of the Senate until 
disposed of. 
‘‘(2) In the Senate, debate on the joint resolution, 
and on all debatable motions and appeals in connection 
therewith, shall be limited to not more than 10 hours, 
which shall be divided equally between those favoring and 
those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment 
to, or a motion to postpone, or a motion to proceed to 
the consideration of other business, or a motion to recom-
mit the joint resolution is not in order. 
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
section (a), and a single quorum call at the conclusion of 
the debate if requested in accordance with the rules of the 
Senate, the vote on final passage of the joint resolution 
shall occur. 
‘‘(4) Appeals from the decisions of the Chair relating 
to the application of the rules of the Senate to the proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate. 
‘‘(e) In the Senate the procedure specified in sub-
section (c) or (d) shall not apply to the consideration of 
a joint resolution respecting a nonmajor rule— 
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‘‘(1) after the expiration of the 60 session days 
beginning with the applicable submission or publica-
tion date, or 
‘‘(2) if the report under section 801(a)(1)(A) 
was submitted during the period referred to in sec-
tion 801(d)(1), after the expiration of the 60 session 
days beginning on the 15th session day after the 
succeeding session of Congress first convenes. 
‘‘(f) If, before the passage by one House of a joint 
resolution of that House described in subsection (a), that 
House receives from the other House a joint resolution 
described in subsection (a), then the following procedures 
shall apply: 
‘‘(1) The joint resolution of the other House 
shall not be referred to a committee. 
‘‘(2) With respect to a joint resolution described 
in subsection (a) of the House receiving the joint 
resolution— 
‘‘(A) the procedure in that House shall be 
the same as if no joint resolution had been re-
ceived from the other House; but 
‘‘(B) the vote on final passage shall be on 
the joint resolution of the other House. 
‘‘§ 804. Definitions 
‘‘For purposes of this chapter— 
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‘‘(1) The term ‘Federal agency’ means any 
agency as that term is defined in section 551(1). 
‘‘(2) The term ‘major rule’ means any rule, in-
cluding an interim final rule, that the Administrator 
of the Office of Information and Regulatory Affairs 
of the Office of Management and Budget finds has 
resulted in or is likely to result in— 
‘‘(A) an annual effect on the economy of 
$100,000,000 or more; 
‘‘(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
State, or local government agencies, or geo-
graphic regions; or 
‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, or on the ability of United States- 
based enterprises to compete with foreign-based 
enterprises in domestic and export markets. 
‘‘(3) The term ‘nonmajor rule’ means any rule 
that is not a major rule. 
‘‘(4) The term ‘rule’ has the meaning given 
such term in section 551, except that such term does 
not include— 
‘‘(A) any rule of particular applicability, 
including a rule that approves or prescribes for 
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the future rates, wages, prices, services, or al-
lowances therefore, corporate or financial struc-
tures, reorganizations, mergers, or acquisitions 
thereof, or accounting practices or disclosures 
bearing on any of the foregoing; 
‘‘(B) any rule relating to agency manage-
ment or personnel; or 
‘‘(C) any rule of agency organization, pro-
cedure, or practice that does not substantially 
affect the rights or obligations of non-agency 
parties. 
‘‘§ 805. Judicial review 
‘‘(a) No determination, finding, action, or omission 
under this chapter shall be subject to judicial review. 
‘‘(b) Notwithstanding subsection (a), a court may de-
termine whether a Federal agency has completed the nec-
essary requirements under this chapter for a rule to take 
effect. 
‘‘(c) The enactment of a joint resolution of approval 
under section 802 shall not be interpreted to serve as a 
grant or modification of statutory authority by Congress 
for the promulgation of a rule, shall not extinguish or af-
fect any claim, whether substantive or procedural, against 
any alleged defect in a rule, and shall not form part of 
the record before the court in any judicial proceeding con-
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cerning a rule except for purposes of determining whether 
or not the rule is in effect. 
‘‘§ 806. Exemption for monetary policy 
‘‘Nothing in this chapter shall apply to rules that con-
cern monetary policy proposed or implemented by the 
Board of Governors of the Federal Reserve System or the 
Federal Open Market Committee. 
‘‘§ 807. Effective date of certain rules 
‘‘Notwithstanding section 801— 
‘‘(1) any rule that establishes, modifies, opens, 
closes, or conducts a regulatory program for a com-
mercial, recreational, or subsistence activity related 
to hunting, fishing, or camping; or 
‘‘(2) any rule other than a major rule which an 
agency for good cause finds (and incorporates the 
finding and a brief statement of reasons therefore in 
the rule issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary 
to the public interest, 
shall take effect at such time as the Federal agency pro-
mulgating the rule determines.’’. 
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SEC. 203. BUDGETARY EFFECTS OF RULES SUBJECT TO 
SECTION 802 OF TITLE 5, UNITED STATES 
CODE. 
Section 257(b)(2) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 is amended by adding 
at the end the following new subparagraph: 
‘‘(E) BUDGETARY
EFFECTS
OF
RULES 
SUBJECT TO SECTION 802 OF TITLE 5, UNITED 
STATES CODE.—Any rules subject to the con-
gressional approval procedure set forth in sec-
tion 802 of chapter 8 of title 5, United States 
Code, affecting budget authority, outlays, or re-
ceipts shall be assumed to be effective unless it 
is not approved in accordance with such sec-
tion.’’. 
TITLE III—ELIMINATION OF 
BURDENSOME RULES 
SEC. 301. RED TAPE REDUCTION COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘United States Red Tape Re-
duction Commission’’ (in this section referred to as the 
‘‘Commission’’). 
(b) DUTIES OF COMMISSION.— 
(1) IN GENERAL.—The Commission shall advise 
the Federal Government on the modification, con-
solidation, or elimination of Federal regulatory re-
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quirements to reduce direct or indirect burdens on 
businesses in the United States. 
(2) PUBLIC COMMENT.—The Commission shall 
conduct public hearings at locations throughout the 
United States and establish a Web site that allows 
the public to submit comments on hardships in com-
plying with rules and proposals for modification, 
consolidation, or elimination of such rules. 
(3) PRIORITIZATION OF RULES FOR REVIEW.— 
The Commission shall develop criteria to prioritize 
rules for review, including the number and nature of 
public request for review of rules. 
(4) REVIEW OF RULES.—The Commission shall 
review rules according to criteria developed by the 
Commission to meet each of the following goals: 
(A) A reduction of the burdens of compli-
ance with Federal rules, especially those rules 
which would have an effect on small businesses. 
(B) Elimination of rules or regulatory re-
quirements that have a measurable detrimental 
effect on growth, innovation, job-creating abil-
ity, and global competitiveness of businesses in 
the United States. 
(C) Modification of rules to simplify and 
clarify regulatory requirements. 
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(D) Removal of barriers to the entry of 
new competitors in the marketplace. 
(E) Elimination of rules for which ongoing 
costs exceed the ongoing benefits. 
(F) Increasing regulatory flexibility by re-
placement of command and control rules with 
alternatives, such as performance standards. 
(c) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of 8 members appointed 
by the President by and with the advise and consent 
of the Senate, 4 of which shall represent private in-
dustry, including small business interests. 
(2) TERMS.—Each member shall be appointed 
for a term of one year that may be renewed by the 
President without the advise and consent of the Sen-
ate. 
(3) RATES OF PAY.—The Comptroller General 
of the United States is authorized to determine rates 
of pay, not to exceed limits under the Federal Advi-
sory Committee Act, for members for each day (in-
cluding travel time) during which the member is en-
gaged in the actual performance of the duties vested 
in the Commission. 
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(4) TRAVEL EXPENSES.—Members shall receive 
travel expenses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 5703 of 
title 5, United States Code. 
(5) CHAIRPERSON.—The Chairperson of the 
Commission shall be elected by the members. The 
term of office of the Chairperson shall be one year. 
(d) STAFF OF COMMISSION.—The Chairperson of the 
Commission may hire staff, without regard to the provi-
sions of title 5, United States Code, governing appoint-
ments in the competitive service, and without regard to 
the provisions of chapter 51 and subchapter III of chapter 
53 of such title relating to classification and General 
Schedule pay rates, except that no rate of pay fixed under 
this subsection may exceed the limits under the Federal 
Advisory Committee Act. The Chairperson of the Commis-
sion may fix the compensation of Commission staff with-
out regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, relating 
to classification of positions and General Schedule pay 
rates, except that the rate of pay may not exceed the limits 
under the Federal Advisory Committee Act. 
(e) EXPERTS AND CONSULTANTS.—The Commission 
may procure the services of experts and consultants in ac-
cordance with the provisions of section 3109(b) of title 5, 
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United States Code, but at rates for individuals not to 
exceed the daily equivalent of the highest rate payable 
under section 5332 of such title. 
(f) CONTRACT AUTHORITY.—The Commission may— 
(1) procure supplies, services, and property by 
contract in accordance with applicable laws and reg-
ulations and to the extent or in such amounts as are 
provided in appropriations Acts; and 
(2) enter into contracts with departments, 
agencies, and instrumentalities of the Federal Gov-
ernment, State agencies, and private firms, institu-
tions, and agencies, for the conduct of research or 
surveys, the preparation of reports, and other activi-
ties necessary for the discharge of the duties of the 
Commission, to the extent or in such amounts as are 
provided in appropriations Acts. 
(g) RELATIONSHIP TO EXECUTIVE BRANCH.— 
(1) INFORMATION
REQUESTS.—The Commis-
sion is authorized to secure information, data, esti-
mates, and statistics directly from the various de-
partments, agencies, and establishments of the exec-
utive branch of Government, including the Office of 
Management and Budget, and the regulatory agen-
cies and commissions of the Government. All such 
departments, agencies, establishments, and regu-
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latory agencies and commissions shall promptly fur-
nish the Commission any available material which 
the Chairperson of the Commission determines to be 
necessary in the performance of the Commission’s 
duties and functions (other than material the disclo-
sure of which would be a violation of law). 
(2) USE OF SERVICES, FACILITIES, AND PER-
SONNEL.—The Commission is authorized, upon 
agreement with the head of any such department, 
agency, establishment, or regulatory agency or com-
mission, to use its services, facilities, and personnel 
with or without reimbursement, and the head of 
each such department, agency, establishment, or 
regulatory agency or commission is authorized to 
provide the Commission such services, facilities, and 
personnel. 
(h) RELATIONSHIP TO OTHER AGENCIES OF CON-
GRESS.—In carrying out the duties and functions of the 
Commission, and for the purpose of coordinating the oper-
ations of the Commission with those of other congressional 
agencies with a view to using most effectively the informa-
tion, services, and capabilities of all such agencies in car-
rying out the various responsibilities assigned to each, the 
Commission is authorized to obtain information, data, es-
timates, and statistics developed by the Government Ac-
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countability Office, the Congressional Budget Office, and 
the Congressional Research Service, and upon agreement 
with the Comptroller General, the Director of the Congres-
sional Budget Office, or the Director of the Congressional 
Research Service to use their services, facilities, and per-
sonnel without reimbursement. The Comptroller General 
and such Directors are authorized to provide the Commis-
sion with the information, data, estimates, and statistics, 
and the services, facilities, and personnel, referred to in 
the preceding sentence. 
(i) ASSISTANCE TO THE CONGRESS.—The Commis-
sion shall provide to the Committee on Oversight and Gov-
ernment Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate, information that will assist the com-
mittee in the discharge of all matters within its jurisdic-
tion, including information with respect to its jurisdiction 
over authorization and oversight of the Office of Informa-
tion and Regulatory Affairs of the Office of Management 
and Budget. 
(j) REPORTS.— 
(1) ANNUAL
REPORTS.—Not later than one 
year after the date of the enactment of this Act, and 
annually thereafter for each of the following five 
years, the Commission, with an affirmative vote of 
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a majority of the members of the Commission, shall 
submit to the President and the Congress a report 
on the findings and conclusions of the Commission 
under subsection (b), together with its recommenda-
tions for legislation. 
(2) CONGRESSIONAL REVIEW.— 
(A) HOUSE
OF
REPRESENTATIVES.—Not 
later than three days after receiving the report 
pursuant to paragraph (1), in the House of 
Representatives, the majority leader of the 
House of Representatives (or his designee) and 
the minority leader of the House of Representa-
tives (or his designee) shall introduce (by re-
quest), a joint resolution implementing the rec-
ommendations in the report. 
(B) SENATE.—Not later than three days 
after receiving the report pursuant to para-
graph (1), in the Senate, the majority leader of 
the Senate (or his designee) and the minority 
leader of the Senate (or his designee) shall in-
troduce a joint resolution described in subpara-
graph (A) (by request). 
(C) 
APPLICABLE
PROCEDURES.—Such 
joint resolution shall be deemed to be a joint 
resolution described under section 802(a) of 
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title 5, United States Code, for purposes of con-
sideration by either House. 
(3) PRESIDENTIAL REVIEW.—Not later than 30 
days after receiving the report pursuant to para-
graph (1), the President shall submit a review on 
such report to the Congress. 
(4) PUBLIC AVAILABILITY OF COMMISSION RE-
PORTS.—The Commission shall publish its reports 
on a public Internet Web site maintained by the 
Commission. 
(k) TERMINATION.—The Commission shall terminate 
on the day after the final report is published in the Fed-
eral Register pursuant to subsection (i)(4). 
(l) APPLICATION OF FACA.—The provisions of the 
Federal Advisory Committee Act (5 U.S.C. App) shall 
apply to the Commission, except as otherwise provided in 
this Act. 
Æ 
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