I 
111TH CONGRESS 
1ST SESSION H. R. 3765 
To amend chapter 8 of title 5, United States Code, to provide that major 
rules of the executive branch shall have no force or effect unless a 
joint resolution of approval is enacted into law. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2009 
Mr. DAVIS of Kentucky (for himself, Mrs. CAPITO, Mr. PRICE of Georgia, 
Mrs. BLACKBURN, Mr. PAUL, Mr. PENCE, Mr. BOUSTANY, Mr. ROGERS 
of Michigan, Mr. DUNCAN, Mr. ROGERS of Kentucky, Mr. BURTON of In-
diana, Mr. COBLE, Mr. BOEHNER, Mr. THORNBERRY, Mr. GOHMERT, 
Mr. REICHERT, Mr. ROSKAM, Mr. NUNES, Mr. HELLER, Mr. HERGER, 
Mr. TIBERI, Ms. GINNY BROWN-WAITE of Florida, Mr. BRADY of Texas, 
Mrs. MCMORRIS RODGERS, Mr. CANTOR, Mr. MCCARTHY of California, 
Mr. KLINE of Minnesota, Mr. PITTS, Mr. WOLF, Mr. CAMP, Mr. 
MCHENRY, Mr. SESSIONS, Mr. SHIMKUS, Mr. BARRETT of South Caro-
lina, Mr. BONNER, Mr. BROWN of South Carolina, Mr. SHADEGG, Mr. 
CULBERSON, Mr. CONAWAY, Mr. UPTON, Mr. ROGERS of Alabama, Mr. 
REHBERG, Mr. CASSIDY, Mr. MORAN of Kansas, Mr. SMITH of Texas, 
Mr. MCKEON, Mr. AKIN, and Mr. POSEY) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Rules, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To amend chapter 8 of title 5, United States Code, to provide 
that major rules of the executive branch shall have no 
force or effect unless a joint resolution of approval is 
enacted into law. 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
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 ‘‘Regulations From the 
Executive in Need of Scrutiny Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) section 1 of article I of the Constitution 
grants all legislative powers to Congress; 
(2) section 8 of article I of the Constitution 
provides that Congress has the power ‘‘to make all 
laws which shall be necessary and proper for car-
rying into execution the foregoing powers’’; 
(3) Congress regularly delegates its constitu-
tional powers to the executive branch and its agen-
cies for the purpose of drafting rules; 
(4) many of the rules created by the executive 
branch and its agencies are not drafted or do not 
come into effect until years after the Act of Con-
gress authorizing their creation; 
(5) such rules can have substantial compliance 
or other financial costs on American families, busi-
nesses, and local governments; 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
(6) the drafters of Federal rules are not ac-
countable directly to the people of the United States 
through regular elections; 
(7) during calendar year 2008, the Government 
Accountability Office received a total of 3,006 final 
rules, including 94 major rules; 
(8) the current executive rule review process 
provided for in the provision of law commonly known 
as the Congressional Review Act has only been exer-
cised by Congress once since its enactment in 1996 
to reject a rule; 
(9) delegation of congressional powers to the 
executive branch and its agencies augments the 
power of the executive branch and fails to require 
that sitting members of Congress are accountable 
for finalized rules; and 
(10) Congress must exercise greater account-
ability for its delegation of constitutional authority 
and the impact that such delegation has on the peo-
ple, businesses, and State and local governments of 
the United States. 
SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING. 
Chapter 8 of title 5, United States Code, is amended 
to read as follows: 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
‘‘CHAPTER 8—CONGRESSIONAL REVIEW 
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. 
‘‘§ 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, including whether it is a major rule; and 
‘‘(iii) the proposed effective date of the rule. 
‘‘(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; 
‘‘(ii) the agency’s actions relevant to sections 
603, 604, 605, 607, and 609; 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
‘‘(iii) the agency’s actions relevant 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 
in each House of the Congress by the end of 15 calendar 
days after the submission or publication date as provided 
in section 802(b)(2). The report of the Comptroller Gen-
eral shall include an assessment of the agency’s compli-
ance with procedural steps required 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 immediately or as 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
provided for in the rule, whichever is later, if a joint reso-
lution of approval described in section 802 becomes law. 
‘‘(4) A nonmajor major rule shall take effect as pro-
vided by section 803 after submission to Congress under 
paragraph (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 or a substantially similar rule may be con-
sidered under this chapter in the same Congress by either 
the House of Representatives or the Senate. 
‘‘(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 90 session days or 
legislative days, as applicable, beginning after the date 
such resolution is introduced, 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 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
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; 
‘‘(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 
other than a major rule for which a report was submitted 
in accordance with subsection (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, 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
before the date the Congress adjourns a session of Con-
gress through the date on which the same or succeeding 
Congress first convenes its next session, section 803 shall 
apply to such rule in the succeeding session of Congress. 
‘‘(2)(A) In applying 803 for purposes of such addi-
tional review, a rule described under paragraph (1) shall 
be treated as though— 
‘‘(i) such rule were published in the Federal 
Register (as a rule that shall take effect) on— 
‘‘(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). 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
‘‘§ 802. Congressional approval procedure for major 
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 (exclud-
ing 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 Con-
gress approves the rule submitted by the l l relating 
to l l.’ (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 date’ means the date on which the Congress receives 
the report submitted under section 801(a)(1). 
‘‘(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. 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 
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 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
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)(1) In the House of Representatives, if the com-
mittee or committees to which a joint resolution described 
in subsection (a) has been referred have not reported it 
at the end of 15 legislative days after its introduction, 
such committee shall be automatically discharged from 
further consideration of the resolution and it shall be 
placed on the appropriate calendar. A vote on final pas-
sage of the resolution shall be taken on or before the close 
of the 15th legislative day after the resolution is reported 
by the committee to which it was referred, or after such 
committee has been discharged from further consideration 
of the resolution. 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
‘‘(2)(A) A motion in the House of Representatives to 
proceed to the consideration of a resolution shall be highly 
privileged and not debatable. An amendment to the motion 
shall not be in order, nor shall it be in order to move to 
reconsider the vote by which the motion is agreed to or 
disagreed to. 
‘‘(B) Debate in the House of Representatives on a 
resolution shall be limited to not more than two hours, 
which shall be divided equally between those favoring and 
those opposing the resolution. A motion to further limit 
debate shall not be debatable. No amendment to, or mo-
tion to recommit, the resolution shall be in order. It shall 
not be in order to reconsider the vote by which a resolution 
is agreed to or disagreed to. 
‘‘(C) Motions to postpone, made in the House of Rep-
resentatives with respect to the consideration of a resolu-
tion, and motions to proceed to the consideration of other 
business, shall be decided without debate. 
‘‘(D) All appeals from the decisions of the Chair re-
lating to the application of the Rules of the House of Rep-
resentatives to the procedure relating to a resolution shall 
be decided without debate. 
‘‘(E) Except to the extent specifically provided in the 
preceding provisions of this subsection, consideration of a 
resolution in the House of Representatives shall be gov-
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
erned by the Rules of the House of Representatives appli-
cable to other resolutions in similar circumstances. 
‘‘(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. 
‘‘(g) The enactment of a resolution of approval does 
not serve as a grant of statutory authority by Congress 
for a rule and does not cure any procedural defect in the 
making of a rule. 
‘‘(h) This section and section 803 are enacted by 
Congress— 
‘‘(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respec-
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
tively, and as such it is deemed a 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 it supersedes other rules only to 
the extent that it is inconsistent with such rules; and 
‘‘(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any 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 l l relating to l l, 
and such rule shall have no force or effect.’ (The blank 
spaces being appropriately filled in). 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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. 
‘‘(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) 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
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 
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 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
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— 
‘‘(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. 
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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— 
‘‘(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 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-
VerDate Nov 24 2008 
01:45 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3765.IH
H3765
jbell on DSKDVH8Z91PROD with BILLS