IB 
Union Calendar No. 115 
113TH CONGRESS 
1ST SESSION 
H. R. 367 
[Report No. 113–160, Part I] 
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 23, 2013 
Mr. YOUNG of Indiana (for himself, Mr. AMODEI, Mr. BACHUS, Mr. BARR, 
Mr. BISHOP of Utah, Mrs. BLACK, Mrs. BLACKBURN, Mr. BONNER, Mr. 
BROOKS of Alabama, Mr. BUCSHON, Mr. CAMP, Mr. CASSIDY, Mr. 
CHABOT, Mr. CHAFFETZ, Mr. COLLINS of Georgia, Mr. CRAMER, Mr. 
CRAWFORD, Mr. RODNEY
DAVIS
of Illinois, Mr. DESANTIS, Mr. 
DESJARLAIS, Mr. DUNCAN of Tennessee, Mr. DUNCAN of South Caro-
lina, Mr. FITZPATRICK, Mr. FORBES, Mr. FORTENBERRY, Mr. GARRETT, 
Mr. GERLACH, Mr. GIBBS, Mr. GINGREY of Georgia, Mr. GOSAR, Mr. 
GOWDY, Mr. GRAVES of Missouri, Mr. GRIFFIN of Arkansas, Mr. GUTH-
RIE, Mr. HANNA, Mr. HARPER, Mrs. HARTZLER, Mr. HOLDING, Mr. 
HUDSON, Mr. HUELSKAMP, Mr. HUIZENGA of Michigan, Mr. HULTGREN, 
Ms. JENKINS, Mr. JOHNSON of Ohio, Mr. JONES, Mr. KELLY, Mr. 
KLINE, Mr. LAMBORN, Mr. LATHAM, Mr. LATTA, Mr. LONG, Mr. 
LUETKEMEYER, Mrs. LUMMIS, Mr. MASSIE, Mr. MCKINLEY, Mr. 
MESSER, Mr. MILLER of Florida, Mrs. CAPITO, Mr. MULLIN, Mr. 
MULVANEY, Mr. NEUGEBAUER, Mrs. NOEM, Mr. NUGENT, Mr. 
NUNNELEE, Mr. OLSON, Mr. PEARCE, Mr. REED, Mr. RIBBLE, Mr. ROE 
of Tennessee, Mr. ROGERS of Michigan, Mr. ROKITA, Mr. SCALISE, Mr. 
SCHOCK, Mr. SENSENBRENNER, Mr. SIMPSON, Mr. SMITH of Texas, Mr. 
SMITH of Nebraska, Mr. STOCKMAN, Mr. STUTZMAN, Mr. THORNBERRY, 
Mr. TIBERI, Mr. WALBERG, Mr. WALDEN, Mr. WEBSTER of Florida, Mr. 
WESTMORELAND, Mr. WILSON of South Carolina, Mr. YODER, Mr. 
YOHO, Mr. YOUNG of Alaska, Mr. KINZINGER of Illinois, Mr. STIVERS, 
Mr. TIPTON, Mr. GIBSON, Mr. BOUSTANY, Mr. POE of Texas, Mr. GARD-
NER, Mr. SCHWEIKERT, Mr. FRANKS of Arizona, Mr. HALL, Mr. 
RENACCI, Mr. PALAZZO, Mr. ROSKAM, Mr. MARINO, Mr. POSEY, Mrs. 
ROBY, Mr. FLORES, Mr. BARTON, Mr. CALVERT, Mr. DENHAM, Mr. 
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BARLETTA, Mr. ALEXANDER, Mr. ADERHOLT, Mr. VALADAO, Mr. GOH-
MERT, Mr. COFFMAN, Mr. UPTON, Mr. SESSIONS, Mrs. WAGNER, Mr. 
KING of Iowa, Mrs. BROOKS of Indiana, Mr. BENISHEK, and Mr. ROSS) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Rules and the Budget, 
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 
JULY 19, 2013 
Additional sponsors: Mr. MCHENRY, Mr. MICA, Mr. HENSARLING, Mr. MUR-
PHY of Pennsylvania, Ms. GRANGER, Mr. RADEL, Mr. MCCLINTOCK, Mr. 
MEADOWS, Mr. WENSTRUP, Mr. COTTON, Mr. CULBERSON, Mr. 
LAMALFA, Mr. WITTMAN, Mr. PAULSEN, Mr. GRAVES of Georgia, Mr. 
KINGSTON, Mr. ROTHFUS, Mr. RIGELL, Mr. DIAZ-BALART, Mrs. 
WALORSKI, Mr. SALMON, Mr. MCCAUL, Mr. PITTENGER, Mr. YOUNG of 
Florida, Mr. FARENTHOLD, Mr. LANKFORD, Mr. RYAN of Wisconsin, Mr. 
BRIDENSTINE, Mr. COBLE, Mr. RICE of South Carolina, Mrs. BACH-
MANN, Mr. WEBER of Texas, Mr. DAINES, Mr. MARCHANT, Mr. AUSTIN 
SCOTT of Georgia, Mr. TERRY, Ms. HERRERA BEUTLER, Mr. DUFFY, 
Mr. BRADY of Texas, Mr. NUNES, Mr. FLEISCHMANN, Mr. POMPEO, and 
Mr. SMITH of Missouri 
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JULY 19, 2013 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 19, 2013 
The Committees on Rules and Budget discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be 
printed 
[For text of introduced bill, see copy of bill as introduced on January 23, 2013] 
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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 2013’’. 
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. The report of the Comptroller General shall 
include an assessment of the agency’s compliance with pro-
cedural steps required by paragraph (1)(B) and an assess-
ment of whether the major rule imposes any new limits or 
mandates on private-sector activity. 
‘‘(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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‘‘(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 pro-
vided for in the rule following enactment of a joint resolu-
tion 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 relating to a 
major rule is not enacted within the period provided in sub-
section (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 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 Congress 
is adjourned for more than 3 days during a session of Con-
gress), then the rule described in that resolution shall be 
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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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‘‘(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 committees hav-
ing 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 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-
tion described in subsection (a), it is at any time thereafter 
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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 
the debate if requested in accordance with the rules of the 
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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 described 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 cal-
endar. 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 pre-
vious question shall be considered as ordered to its passage 
without intervening motion. It shall not be in order to re-
consider the vote on passage. If a vote on final passage of 
the joint resolution has not been taken by the third Thurs-
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day 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 received 
from the other House until the vote on passage, 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 Sen-
ate is a revenue measure. 
‘‘(g) If either House has not taken a vote on final pas-
sage 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 Con-
gress— 
‘‘(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respectively, 
and as such is deemed to be part of the rules of each 
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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 
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 resolu-
tion’ 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 Con-
gress), the matter after the resolving clause of which is as 
follows: ‘That Congress disapproves the nonmajor rule sub-
mitted by the lll relating to lll, and such rule 
shall have no force or effect.’ (The blank spaces being appro-
priately filled in). 
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‘‘(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-
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 
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