IB 
Union Calendar No. 192 
112TH CONGRESS 
1ST SESSION 
H. R. 10 
[Report No. 112–278, Parts I and II] 
To amend chapter 8 of title 5, United States Code, to provide that major 
rules of the executive branch shall have no force or effect unless a 
joint resolution of approval is enacted into law. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 20, 2011 
Mr. DAVIS of Kentucky (for himself, Mr. SMITH of Texas, Mr. AKIN, Mr. 
BACHUS, Mr. BARTLETT, Mr. BARTON of Texas, Mr. BERG, Mr. BISHOP 
of Utah, Mrs. BLACKBURN, Mr. BONNER, Mr. BOUSTANY, Mr. BRADY 
of Texas, Mr. BUCSHON, Mr. BURTON of Indiana, Mr. CALVERT, Mr. 
CAMP, Mr. CHAFFETZ, Mr. COBLE, Mr. CRAWFORD, Mr. FARENTHOLD, 
Mr. FLORES, Mr. FORTENBERRY, Ms. FOXX, Mr. FRANKS of Arizona, 
Mr. GALLEGLY, Mr. GARDNER, Mr. GARRETT, Mr. GERLACH, Mr. GIBBS, 
Mr. GIBSON, Mr. GOHMERT, Mr. GOWDY, Mr. GUTHRIE, Ms. 
HAYWORTH, Mr. HELLER, Mr. HERGER, Mr. HUNTER, Mr. ISSA, Ms. 
JENKINS, Mr. JONES, Mr. KING of Iowa, Mr. KINGSTON, Mr. KINZINGER 
of Illinois, Mr. KLINE, Mr. LAMBORN, Mr. LATTA, Mr. LEE of New York, 
Mrs. LUMMIS, Mr. MANZULLO, Mr. MCCARTHY of California, Mr. 
MCCLINTOCK, Mr. MCHENRY, Mr. MCKEON, Mr. MCKINLEY, Mrs. 
MCMORRIS RODGERS, Mr. MILLER of Florida, Mr. MULVANEY, Mr. 
MURPHY
of Pennsylvania, Mr. NEUGEBAUER, Mr. NUNES, Mr. 
NUNNELEE, Mr. PAUL, Mr. PEARCE, Mr. POMPEO, Mr. POSEY, Mr. 
PRICE of Georgia, Mr. QUAYLE, Mr. REICHERT, Mr. ROE of Tennessee, 
Mr. ROGERS of Kentucky, Mr. ROKITA, Mr. ROSKAM, Mrs. SCHMIDT, Mr. 
SCHOCK, Mr. AUSTIN SCOTT of Georgia, Mr. SCOTT of South Carolina, 
Mr. SESSIONS, Mr. SIMPSON, Mr. SMITH of Nebraska, Mr. STUTZMAN, 
Mr. TERRY, Mr. TIPTON, Mr. UPTON, Mr. WALDEN, Mr. WEST, Mr. 
WILSON of South Carolina, and Mr. WITTMAN) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committee on Rules, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
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NOVEMBER 10, 2011 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
NOVEMBER 10, 2011 
Referral to the Committee on Rules extended for a period not ending later 
than November 22, 2011 
NOVEMBER 18, 2011 
Additional sponsors: Mr. GRIFFIN of Arkansas, Mr. REHBERG, Mr. DIAZ- 
BALART, Mr. FORBES, Mr. LONG, Mr. WALBERG, Mr. ROSS of Florida, 
Mr. PENCE, Mr. ROONEY, Mr. FLEMING, Mr. PAULSEN, Mr. HARRIS, 
Mr. MCCAUL, Mr. SCALISE, Mr. THOMPSON of Pennsylvania, Mr. ROYCE, 
Mr. AUSTRIA, Mr. SOUTHERLAND, Mr. DREIER, Mr. HUELSKAMP, Mr. 
HANNA, Mrs. MYRICK, Mr. RIVERA, Mr. TIBERI, Mr. GINGREY of Geor-
gia, Mr. LUETKEMEYER, Mrs. ADAMS, Mr. FITZPATRICK, Mr. WEBSTER, 
Mr. RIBBLE, Mr. THORNBERRY, Mr. GRAVES of Georgia, Mr. HUIZENGA 
of Michigan, Mr. HULTGREN, Mr. YOUNG of Florida, Mr. REED, Mr. 
YOUNG of Indiana, Mr. STEARNS, Mr. OLSON, Mr. MCCOTTER, Mr. 
JOHNSON of Ohio, Mr. YODER, Mr. SULLIVAN, Mr. SAM JOHNSON of 
Texas, Mrs. BACHMANN, Mr. WHITFIELD, Mr. CARTER, Mr. DANIEL E. 
LUNGREN of California, Mrs. MILLER of Michigan, Mr. ROGERS of Michi-
gan, Mr. BENISHEK, Mr. HECK, Mr. STIVERS, Mrs. BLACK, Mr. 
LANDRY, Mr. DUNCAN of Tennessee, Mr. BOREN, Mr. HASTINGS of 
Washington, Mr. COFFMAN of Colorado, Mr. SHUSTER, Mr. BILBRAY, 
Mrs. CAPITO, Mrs. NOEM, Mr. HENSARLING, Mr. RENACCI, Mr. YOUNG 
of Alaska, Mr. WOMACK, Mr. NUGENT, Mr. BROOKS, Mr. PITTS, Mr. 
MARCHANT, Mr. CANSECO, Mr. FINCHER, Mr. CONAWAY, Mr. ALEX-
ANDER, Mr. GRAVES of Missouri, Mr. CHABOT, Mr. WESTMORELAND, 
Mrs. ROBY, Mr. CASSIDY, Mr. PALAZZO, Mr. POE of Texas, Mr. 
LATHAM, Mr. HALL, Mr. GUINTA, Mr. DENT, Mr. SHIMKUS, Mr. GOSAR, 
Mr. HARPER, Mr. FRELINGHUYSEN, Mr. GARY G. MILLER of California, 
Mr. MARINO, Mr. GRIMM, Mrs. HARTZLER, Mr. BROUN of Georgia, Mr. 
LEWIS of California, Mr. DUFFY, Mr. JORDAN, Mr. CRENSHAW, Mr. 
COLE, Mr. KELLY, Mr. RIGELL, Mr. SCHILLING, Mr. LANKFORD, Mr. 
DENHAM, Mr. TURNER of Ohio, Mr. GOODLATTE, Mr. WOODALL, Mr. 
BILIRAKIS, Ms. HERRERA BEUTLER, Ms. GRANGER, Mr. AMODEI, Mr. 
WALSH of Illinois, Mr. DESJARLAIS, Mr. FLAKE, Mr. MICA, Mr. DOLD, 
and Mr. MACK 
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NOVEMBER 18, 2011 
Reported from the Committee on Rules with an amendment, committed to the 
Committee of the Whole House on the State of the Union, and ordered 
to be printed 
[Strike out all after the enacting clause and insert the part printed in boldface roman] 
[For text of introduced bill, see copy of bill as introduced on January 20, 2011] 
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A BILL 
To amend chapter 8 of title 5, United States Code, to provide 
that major rules of the executive branch shall have no 
force or effect unless a joint resolution of approval is 
enacted into law. 
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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 2011’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to increase accountability 
for and transparency in the federal regulatory process. Sec-
tion 1 of article I of the United States Constitution grants 
all legislative powers to Congress. Over time, Congress 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 improved regulatory 
process, and a legislative branch that is truly accountable 
to the American people for the laws imposed upon them. 
SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. 
Chapter 8 of title 5, United States Code, is amended 
to read as follows: 
‘‘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. 
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‘‘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 classi-
fication 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 provi-
sion or regulatory objective as well as the individual 
and aggregate economic effects of those actions; and 
‘‘(v) 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; 
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‘‘(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 report 
to the chairman and ranking member of each standing com-
mittee with jurisdiction under the rules of the House of Rep-
resentatives or the Senate to report a bill to amend the pro-
vision 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 
by the end of 15 calendar days after the submission or pub-
lication date as provided in section 802(b)(2). The report 
of the Comptroller General shall include an assessment of 
the agency’s compliance 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). 
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deemed not to be approved and such rule shall not take ef-
fect. 
‘‘(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 Congress. 
‘‘(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 procedures 
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— 
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‘‘(A) in the case of the Senate, 60 session days, 
or 
‘‘(B) in the case of the House of Representatives, 
60 legislative days, 
before the date the Congress is scheduled to adjourn a session 
of Congress through the date on which the same or suc-
ceeding Congress first convenes its next session, sections 802 
and 803 shall apply to such rule in the succeeding session 
of Congress. 
‘‘(2)(A) In applying sections 802 and 803 for purposes 
of such additional review, a rule described under paragraph 
(1) shall be treated as though— 
‘‘(i) such rule were published in the Federal Reg-
ister on— 
‘‘(I) in the case of the Senate, the 15th ses-
sion day, or 
‘‘(II) in the case of the House of Representa-
tives, the 15th legislative day, 
after the succeeding session of Congress first convenes; 
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. 
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‘‘(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) For purposes of this section, the term ‘joint resolu-
tion’ means only a joint resolution introduced on or after 
the date on which the report referred to in section 
801(a)(1)(A) is received by Congress (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 approves the rule sub-
mitted by the l l relating to l l.’ (The blank spaces 
being appropriately filled in). 
‘‘(1) In the House, the majority leader of the 
House of Representatives (or his designee) and the 
minority leader of the House of Representatives (or 
his designee) shall introduce such joint resolution de-
scribed in subsection (a) (by request), within 3 legis-
lative days after Congress receives the report referred 
to in section 801(a)(1)(A). 
‘‘(2) In the Senate, the majority leader of the 
Senate (or his designee) and the minority leader of 
the Senate (or his designee) shall introduce such joint 
resolution described in subsection (a) (by request), 
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within 3 session days after Congress receives the re-
port referred to in section 801(a)(1)(A). 
‘‘(b)(1) A joint resolution described in subsection (a) 
shall be referred to the committees in each House of Con-
gress with jurisdiction under the rules of the House of Rep-
resentatives or the Senate to report a bill to amend the pro-
vision of law under which the rule is issued. 
‘‘(2) For purposes of this section, the term ‘submission 
date’ means the date on which the Congress receives the re-
port submitted under section 801(a)(1). 
‘‘(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 days 
after its introduction, such committee or committees shall 
be automatically discharged from further consideration of 
the resolution and it shall be placed on the calendar. 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 re-
ported by the committee or committees to which it was re-
ferred, or after such committee or committees have been dis-
charged from further consideration of the resolution. 
‘‘(d)(1) In the Senate, when the committee or commit-
tees to which a joint resolution is referred have reported, 
or when a committee or committees are discharged (under 
subsection (c)) from further consideration of a joint resolu-
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tion 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 consid-
eration of the joint resolution, and all points of order 
against the joint resolution (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 there-
with, shall be limited to not more than 2 hours, which shall 
be divided equally between those favoring and those oppos-
ing the joint resolution. A motion to further limit debate 
is in order and not debatable. An amendment to, or a mo-
tion to postpone, or a motion to proceed to the consideration 
of other business, or a motion to recommit the joint resolu-
tion 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 
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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 procedure 
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 or committees shall be automatically discharged 
from further consideration of the resolution and it shall be 
placed on the appropriate calendar. A vote on final passage 
of the resolution shall be taken on or before the close of the 
15th legislative day after the resolution is reported by the 
committee or committees to which it was referred, or after 
such committee or committees have been discharged from 
further consideration of the resolution. 
‘‘(2)(A) A motion in the House of Representatives to 
proceed to the consideration of a resolution shall be privi-
leged 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. 
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‘‘(B) Debate in the House of Representatives on a reso-
lution 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 motion to re-
commit, 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 resolution, 
and motions to proceed to the consideration of other busi-
ness, shall be decided without debate. 
‘‘(D) All appeals from the decisions of the Chair relat-
ing to the application of the Rules of the House of Rep-
resentatives to the procedure relating to a resolution shall 
be decided without debate. 
‘‘(f) If, before the passage by one House of a joint reso-
lution 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 
with respect to a joint resolution described in subsection (a) 
of the House receiving the joint resolution— 
‘‘(1) the procedure in that House shall be the 
same as if no joint resolution had been received from 
the other House; but 
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gress), the matter after the resolving clause of which is as 
follows: ‘That Congress disapproves the nonmajor rule sub-
mitted by the l l relating to l l, and such rule shall 
have no force or effect.’ (The blank spaces being appro-
priately 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 submission 
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 referred 
a joint resolution described in subsection (a) has not re-
ported such joint resolution (or an identical joint resolu-
tion) at the end of 15 session days after the date of introduc-
tion of the joint resolution, such committee may be dis-
charged from further consideration of such joint resolution 
upon a petition supported in writing by 30 Members of the 
Senate, and such joint resolution shall be placed on the cal-
endar. 
‘‘(d)(1) In the Senate, when the committee to which 
a joint resolution is referred has reported, or when a com-
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mittee is discharged (under subsection (c)) from further con-
sideration 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 mo-
tion is agreed to or disagreed to shall not be in order. If 
a motion to proceed to the consideration of the joint resolu-
tion is agreed to, the joint resolution shall remain the unfin-
ished 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 there-
with, 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 de-
bate is in order and not debatable. An amendment to, or 
a motion to postpone, or a motion to proceed to the consid-
eration 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-
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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 procedure 
relating to a joint resolution described in subsection (a) 
shall be decided without debate. 
‘‘(e) In the Senate the procedure specified in subsection 
(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 section 
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 reso-
lution 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. 
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‘‘(2) With respect to a joint resolution described 
in subsection (a) of the House receiving the joint reso-
lution— 
‘‘(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 agen-
cy 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 re-
sulted 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 geographic re-
gions; or 
‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
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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 
the future rates, wages, prices, services, or allow-
ances therefore, corporate or financial structures, 
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 af-
fect the rights or obligations of non-agency par-
ties. 
‘‘§ 805. Judicial review 
‘‘(a) No determination, finding, action, or omission 
under this chapter shall be subject to judicial review. 
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‘‘(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 affect 
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 concerning 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 
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‘‘(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 promul-
gating the rule determines.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulations 
From the Executive in Need of Scrutiny Act 
of 2011’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to increase ac-
countability for and transparency in the fed-
eral regulatory process. Section 1 of article I 
of the United States Constitution grants all 
legislative powers to Congress. Over time, 
Congress has excessively delegated its con-
stitutional charge while failing to conduct ap-
propriate oversight and retain accountability 
for the content of the laws it passes. By re-
quiring a vote in Congress, the REINS Act will 
result in more carefully drafted and detailed 
legislation, an improved regulatory process, 
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and a legislative branch that is truly account-
able to the American people for the laws im-
posed upon them. 
SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING. 
Chapter 8 of title 5, United States Code, is 
amended to read as follows: 
‘‘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 con-
taining— 
‘‘(i) a copy of the rule; 
‘‘(ii) a concise general statement re-
lating to the rule; 
‘‘(iii) a classification of the rule as a 
major or nonmajor rule, including an ex-
planation of the classification specifically 
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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 regu-
latory actions intended to implement the 
same statutory provision or regulatory 
objective as well as the individual and 
aggregate economic effects of those ac-
tions; and 
‘‘(v) 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-ben-
efit analysis of the rule, if any; 
‘‘(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 Un-
funded Mandates Reform Act of 1995; and 
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‘‘(iv) any other relevant information 
or requirements under any other Act and 
any relevant Executive orders. 
‘‘(C) Upon receipt of a report submitted 
under subparagraph (A), each House shall 
provide copies of the report to the chairman 
and ranking member of each standing com-
mittee with jurisdiction under the rules of the 
House of Representatives or the Senate to re-
port a bill to amend the provision of law 
under which the rule is issued. 
‘‘(2)(A) The Comptroller General shall pro-
vide a report on each major rule to the com-
mittees of jurisdiction by the end of 15 cal-
endar days after the submission or publica-
tion date as provided in section 802(b)(2). The 
report of the Comptroller General shall in-
clude an assessment of the agency’s compli-
ance with procedural steps required by para-
graph (1)(B). 
‘‘(B) Federal agencies shall cooperate with 
the Comptroller General by providing infor-
mation relevant to the Comptroller General’s 
report under subparagraph (A). 
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‘‘(3) A major rule relating to a report sub-
mitted under paragraph (1) shall take effect 
upon enactment of a joint resolution of ap-
proval 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 paragraph (1). 
‘‘(5) If a joint resolution of approval relat-
ing to a major rule is not enacted within the 
period provided in subsection (b)(2), then a 
joint resolution of approval relating to the 
same rule may not be considered 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 sub-
section (a) is not enacted into law by the end 
of 70 session days or legislative days, as appli-
cable, beginning on the date on which the re-
port referred to in section 801(a)(1)(A) is re-
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ceived by Congress (excluding days either 
House of Congress 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 provi-
sion of this section (except subject to para-
graph (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 determina-
tion to the Congress. 
‘‘(2) Paragraph (1) applies to a determina-
tion made by the President by Executive 
order that the major rule should take effect 
because such rule is— 
‘‘(A) necessary because of an immi-
nent threat to health or safety or other 
emergency; 
‘‘(B) necessary for the enforcement of 
criminal laws; 
‘‘(C) necessary for national security; 
or 
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‘‘(D) issued pursuant to any statute 
implementing 
an 
international 
trade 
agreement. 
‘‘(3) An exercise by the President of the 
authority under this subsection shall have no 
effect on the procedures under section 802. 
‘‘(d)(1) In addition to the opportunity for 
review otherwise provided under this chap-
ter, in the case of any 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 ses-
sion days, or 
‘‘(B) in the case of the House of Rep-
resentatives, 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 Con-
gress first convenes its next session, sections 
802 and 803 shall apply to such rule in the suc-
ceeding session of Congress. 
‘‘(2)(A) In applying sections 802 and 803 
for purposes of such additional review, a rule 
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described under paragraph (1) shall be treat-
ed as though— 
‘‘(i) such rule were published in the 
Federal Register on— 
‘‘(I) in the case of the Senate, the 
15th session day, or 
‘‘(II) in the case of the House of 
Representatives, the 15th legislative 
day, 
after the succeeding session of Congress 
first convenes; and 
‘‘(ii) a report on such rule were sub-
mitted 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 sub-
mitted to Congress before a rule can take ef-
fect. 
‘‘(3) A rule described under paragraph (1) 
shall take effect as otherwise provided by law 
(including other subsections of this section). 
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‘‘§ 802. Congressional approval procedure for major 
rules 
‘‘(a)(1) For purposes of this section, the 
term ‘joint resolution’ means only a joint reso-
lution addressing a report 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.’; 
‘‘(C) includes after its resolving clause 
only the following (with blanks filled as 
appropriate): ‘That Congress approves 
the rule submitted by lll relating to 
lll.’; and 
‘‘(D) is introduced pursuant to para-
graph (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)— 
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‘‘(A) in the case of the House of Rep-
resentatives, 
within 
three 
legislative 
days; and 
‘‘(B) in the case of the Senate, within 
three session days. 
‘‘(3) A joint resolution described in para-
graph (1) shall not be subject to amendment 
at any stage of proceeding. 
‘‘(b) A joint resolution described in sub-
section (a) shall be referred in each House of 
Congress to the committees having jurisdic-
tion 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 de-
scribed in subsection (a) has been referred 
have not reported it at the end of 15 session 
days after its introduction, such committee or 
committees shall be automatically discharged 
from further consideration of the resolution 
and it shall be placed on the calendar. A vote 
on final passage of the resolution shall be 
taken on or before the close of the 15th ses-
sion day after the resolution is reported by 
the committee or committees to which it was 
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referred, or after such committee or commit-
tees have been discharged from further con-
sideration of the resolution. 
‘‘(d)(1) In the Senate, when the committee 
or committees to which a joint resolution is 
referred have reported, or when a committee 
or committees are discharged (under sub-
section (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 reso-
lution (and against consideration of the joint 
resolution) are waived. The motion is not sub-
ject to amendment, or to a motion to post-
pone, or to a motion to proceed to the consid-
eration of other business. A motion to recon-
sider 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 resolu-
tion shall remain the unfinished business of 
the Senate until disposed of. 
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‘‘(2) In the Senate, debate on the joint res-
olution, and on all debatable motions and ap-
peals in connection therewith, shall be lim-
ited 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 de-
batable. An amendment to, or a motion to 
postpone, or a motion to proceed to the con-
sideration of other business, or a motion to re-
commit the joint resolution is not in order. 
‘‘(3) In the Senate, immediately following 
the conclusion of the debate on a joint resolu-
tion described in subsection (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 procedure relating to a 
joint resolution described in subsection (a) 
shall be decided without debate. 
‘‘(e) In the House of Representatives, if 
any committee to which a joint resolution de-
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scribed in subsection (a) has been referred 
has not reported it to the House at the end of 
15 legislative days after its introduction, such 
committee shall be discharged from further 
consideration 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 ap-
peared on the calendar for at least 5 legisla-
tive days to call up that joint resolution for 
immediate consideration in the House with-
out intervention of any point of order. When 
so called up a joint resolution shall be consid-
ered as read and shall be debatable for 1 hour 
equally divided and controlled by the pro-
ponent 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 pas-
sage. If a vote on final passage of the joint res-
olution has not been taken by the third Thurs-
day on which the Speaker may recognize a 
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‘‘(h) This section and section 803 are en-
acted by Congress— 
‘‘(1) as an exercise of the rulemaking 
power of the Senate and House of Rep-
resentatives, respectively, 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 fol-
lowed 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 Con-
stitutional 
right 
of 
either 
House 
to 
change the rules (so far as they relate to 
the procedure of that House) at any time, 
in the same manner and to the same ex-
tent 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 resolution’ means only a joint resolution 
introduced in the period beginning on the 
date on which the report referred to in sec-
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tion 801(a)(1)(A) is received by Congress and 
ending 60 days thereafter (excluding days ei-
ther 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). 
‘‘(b)(1) A joint resolution described in sub-
section (a) shall be referred to the committees 
in each House of Congress with jurisdiction. 
‘‘(2) For purposes of this section, the term 
submission 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 Federal Register, if so published. 
‘‘(c) In the Senate, if the committee to 
which is referred 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 in-
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troduction of the joint resolution, such com-
mittee may be discharged from further con-
sideration of such joint resolution upon a pe-
tition supported in writing by 30 Members 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 re-
ported, or when a committee is discharged 
(under subsection (c)) from further consider-
ation of a joint resolution described in sub-
section (a), it is at any time thereafter in 
order (even though a previous motion to the 
same effect has been disagreed to) for a mo-
tion to proceed to the consideration of the 
joint resolution, and all points of order 
against the joint resolution (and against con-
sideration of the joint resolution) are waived. 
The motion is not subject to amendment, or 
to a motion to postpone, or to a motion to pro-
ceed 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 con-
sideration of the joint resolution is agreed to, 
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the joint resolution shall remain the unfin-
ished business of the Senate until disposed of. 
‘‘(2) In the Senate, debate on the joint res-
olution, and on all debatable motions and ap-
peals in connection therewith, shall be lim-
ited 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 de-
batable. An amendment to, or a motion to 
postpone, or a motion to proceed to the con-
sideration of other business, or a motion to re-
commit the joint resolution is not in order. 
‘‘(3) In the Senate, immediately following 
the conclusion of the debate on a joint resolu-
tion described in subsection (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 procedure relating to a 
joint resolution described in subsection (a) 
shall be decided without debate. 
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‘‘(e) In the Senate the procedure specified 
in subsection (c) or (d) shall not apply to the 
consideration of a joint resolution respecting 
a nonmajor rule— 
‘‘(1) after the expiration of the 60 ses-
sion days beginning with the applicable 
submission or publication date, or 
‘‘(2) 
if 
the 
report 
under 
section 
801(a)(1)(A) was submitted during the pe-
riod referred to in section 801(d)(1), after 
the expiration of the 60 session days be-
ginning on the 15th session day after the 
succeeding session of Congress first con-
venes. 
‘‘(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 com-
mittee. 
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‘‘(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 resolu-
tion had been received 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 sec-
tion 551(1). 
‘‘(2) The term ‘major rule’ means any 
rule, including an interim final rule, that 
the Administrator of the Office of Infor-
mation and Regulatory Affairs of the Of-
fice of Management and Budget finds has 
resulted in or is likely to result in— 
‘‘(A) an annual effect on the econ-
omy of $100,000,000 or more; 
‘‘(B) a major increase in costs or 
prices for consumers, individual in-
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dustries, Federal, State, or local gov-
ernment agencies, or geographic re-
gions; or 
‘‘(C) significant adverse effects on 
competition, employment, investment, 
productivity, innovation, or on the 
ability of United States-based enter-
prises 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 appli-
cability, including a rule that ap-
proves or prescribes for the future 
rates, wages, prices, services, or al-
lowances therefore, corporate or fi-
nancial structures, reorganizations, 
mergers, or acquisitions thereof, or 
accounting practices or disclosures 
bearing on any of the foregoing; 
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‘‘(B) any rule relating to agency 
management or personnel; or 
‘‘(C) any rule of agency organiza-
tion, procedure, 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 determine whether a Federal agen-
cy has completed the necessary 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 inter-
preted to serve as a grant or modification of 
statutory authority by Congress for the pro-
mulgation of a rule, shall not extinguish or af-
fect any claim, whether substantive or proce-
dural, against any alleged defect in a rule, and 
shall not form part of the record before the 
court in any judicial proceeding concerning a 
rule except for purposes of determining 
whether or not the rule is in effect. 
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‘‘§ 806. Exemption for monetary policy 
‘‘Nothing in this chapter shall apply to 
rules that concern 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, modi-
fies, opens, closes, or conducts a regu-
latory program for a commercial, rec-
reational, 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 promulgating the rule determines.’’. 
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Union Calendar No. 192 
112TH CONGRESS 
1ST SESSION 
H. R. 10 
[Report No. 112–278, Parts I and II] 
A BILL 
To amend chapter 8 of title 5, United States Code, 
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. 
NOVEMBER 18, 2011 
Reported from the Committee on Rules with an amend-
ment, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
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