[House Report 112-278]
[From the U.S. Government Publishing Office]


112th Congress                                            Rept. 112-278
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 2

======================================================================



 
     REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY ACT OF 2011

                                _______
                                

 November 18, 2011.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Dreier, from the Committee on Rules, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany H.R. 10]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Rules, to whom was referred the bill (H.R. 
10) 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, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     7
Background and Need for Legislation..............................     7
Hearings.........................................................     8
Committee Consideration..........................................     8
Committee Votes..................................................     8
Committee Oversight Findings and Recommendations.................    11
Congressional Budget Office Cost Estimate........................    11
Performance Goals and Objectives.................................    14
New Budget Authority, Entitlement Authority, and Tax Expenditures    15
Committee Cost Estimate..........................................    15
Federal Mandates Statement.......................................    15
Advisory Committee Statement.....................................    15
Applicability to the Legislative Branch..........................    15
Statement Regarding Earmarks.....................................    15
Section-by-Section Analysis of the Legislation...................    15
Changes in Existing House Rules Made by the Legislation as 
  Reported.......................................................    17
Changes in Existing Law Made by the Legislation as Reported......    17
Minority Views...................................................    31

                               Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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. Section 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.

SECTION 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.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.

``Sec. 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 classification 
        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 actions 
        intended to implement the same statutory provision 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;
          ``(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 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 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 report on each major 
rule to the committees of jurisdiction 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 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 Comptroller General 
by providing information relevant to the Comptroller General's report 
under subparagraph (A).
  ``(3) A major rule relating to a report submitted under paragraph (1) 
shall take effect upon enactment of a joint resolution of approval 
described in section 802 or as provided for in the rule following 
enactment of a joint resolution of approval described in section 802, 
whichever is later.
  ``(4) A nonmajor rule shall take effect as provided by section 803 
after submission to Congress under 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 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 received 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 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 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 chapter, 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 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 succeeding 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 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 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 subsections of this 
section).

``Sec. 802. Congressional approval procedure for major rules

  ``(a)(1) For purposes of this section, the term `joint resolution' 
means only a joint resolution addressing a 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 ___ relating to 
        ___.';
          ``(C) includes after its resolving clause only the following 
        (with blanks filled as appropriate): `That Congress approves 
        the rule submitted by ___ relating to ___.'; and
          ``(D) is introduced pursuant to paragraph (2).
  ``(2) After a House of Congress receives a report classifying a rule 
as major pursuant to section 801(a)(1)(A)(iii), the majority leader of 
that House (or his or her respective designee) shall introduce (by 
request, if appropriate) a joint resolution described in paragraph 
(1)--
          ``(A) in the case of the House of Representatives, within 
        three legislative days; and
          ``(B) in the case of the Senate, within three session days.
  ``(3) A joint resolution described in paragraph (1) shall not be 
subject to amendment at any stage of proceeding.
  ``(b) A joint resolution described in subsection (a) shall be 
referred in each House of Congress to the committees having 
jurisdiction over the provision of law under which the rule is issued.
  ``(c) In the Senate, if the committee or committees to which a joint 
resolution described in subsection (a) has been referred have not 
reported it at the end of 15 session 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 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.
  ``(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 subsection (c)) from further 
consideration of a joint resolution described in subsection (a), it is 
at any time thereafter in order (even though a previous motion to the 
same effect has been disagreed to) for a motion to proceed to the 
consideration of the joint resolution, and all points of order against 
the joint resolution (and against consideration of the joint 
resolution) are waived. The 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 2 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
  ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution 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 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 calendar. On the second and fourth Thursdays of each month 
it shall be in order at any time for the Speaker to recognize a Member 
who favors passage of a joint resolution that has appeared on the 
calendar for at least 5 legislative days to call up that joint 
resolution for immediate consideration in the House without 
intervention of any point of order. When so called up a joint 
resolution shall be considered as read and shall be debatable for 1 
hour equally divided and controlled by the proponent and an opponent, 
and the previous question shall be considered as ordered to its passage 
without intervening motion. It shall not be in order to reconsider the 
vote on passage. If a vote on final passage of the joint resolution has 
not been taken by the third Thursday on which the Speaker may recognize 
a Member under this subsection, such vote shall be taken on that day.
  ``(f)(1) If, before passing a joint resolution described in 
subsection (a), one House receives from the other a joint resolution 
having the same text, then--
          ``(A) the joint resolution of the other House shall not be 
        referred to a committee; and
          ``(B) the procedure in the receiving House shall be the same 
        as if no joint resolution had been 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 Senate is a revenue measure.
  ``(g) If either House has not taken a vote on final passage of the 
joint resolution by the last day of the period described in section 
801(b)(2), then such vote shall be taken on that day.
  ``(h) This section and section 803 are enacted by Congress--
          ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, 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 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.

``Sec. 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 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 
_ _ relating to _ _, and such rule shall have no force or effect.' (The 
blank spaces being appropriately filled in).
  ``(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of 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 introduction of the joint resolution, such 
committee may be discharged 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 calendar.
  ``(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee 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 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 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 recommit the joint resolution is not in 
order.
  ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution 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 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 publication 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 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 received from the 
                other House; but
                  ``(B) the vote on final passage shall be on the joint 
                resolution of the other House.

``Sec. 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, including an 
        interim final rule, that the Administrator of the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget finds has resulted in or is likely to result in--
                  ``(A) an annual effect on the economy of $100,000,000 
                or more;
                  ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                  ``(C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, 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 allowances 
                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 management or 
                personnel; or
                  ``(C) any rule of agency organization, procedure, or 
                practice that does not substantially affect the rights 
                or obligations of non-agency parties.

``Sec. 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 agency 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 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.

``Sec. 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.

``Sec. 807. Effective date of certain rules

  ``Notwithstanding section 801--
          ``(1) any rule that establishes, modifies, opens, closes, or 
        conducts a regulatory program for a commercial, recreational, 
        or subsistence activity related to hunting, fishing, or 
        camping; or
          ``(2) any rule other than a major rule which an agency for 
        good cause finds (and incorporates the finding and a brief 
        statement of reasons therefore in the rule issued) that notice 
        and public procedure thereon are impracticable, unnecessary, or 
        contrary to the public interest,
  shall take effect at such time as the Federal agency promulgating the 
rule determines.''.

                          Purpose and Summary

    In order to provide job creators with the stability they 
need to invest in their companies and create jobs, the REINS 
Act will require congressional approval of any new Federal 
regulation that has an annual cost to the economy of $100 
million or more. This is the threshold at which the Government 
deems a regulation ``economically significant.'' The 
legislation provides a mechanism for Congress to quickly 
consider approval of major regulations while also maintaining 
the existing procedures under the Congressional Review Act for 
other regulations. By limiting the size of rule-making 
permission and constraining the delegation of Congressional 
authority, the REINS Act restricts unelected Federal officials 
from imposing huge costs on the economy and American people 
through burdensome regulations.

                  Background and Need for Legislation

    Excessive Federal regulation is a de facto tax on employers 
and consumers that stifles job creation, hampers innovation, 
and postpones investment in the economy. When the rules 
constantly change, small businesses cannot properly plan for 
the future. The Committee is dedicated to creating an 
environment where job creators can flourish, rather than 
flounder.
    The existing burden of regulation has already become a 
barrier to economic growth and job creation. As of 2008, 
Federal regulations cost our economy $1.75 trillion each year, 
as estimated by the Small Business Administration. To that 
burden, the Administration seeks to add billions upon billions 
more.
    By its own admission, the Administration is preparing 
myriad regulations, each costing the economy over $1 billion 
annually. The Administration's 2011 regulatory agenda calls for 
over 200 new major rules. No one knows when this flood will 
end. Numerous additional rules are to come under both the Dodd-
Frank Wall Street Reform and Consumer Protection Act and the 
Patient Protection and Affordable Care Act.
    Currently, Congress has two options with which to deal with 
excessive or overreaching Federal regulations--pass a new law 
or pass a joint resolution of disapproval as set out in the 
Congressional Review Act (CRA). Since the enactment of the CRA 
in 1996, the Executive branch has promulgated more than 50,000 
rules, including more than 1,000 major rules. Only one rule, 
however, has been overturned through the CRA disapproval 
process--the 2001 ergonomics standard promulgated by the 
Occupational Safety and Health Administration (OSHA) during the 
final days of the prior Administration.
    While this exemplifies how CRA procedures can be used to 
prevent a rule from coming into effect, it also highlights a 
major deficiency in the CRA. Specifically, if Congress attempts 
to use the CRA to disapprove of a rule promulgated under a 
sitting President, the threshold for enactment is actually much 
higher than the simple majority required for passage of a 
resolution of disapproval. Because the President retains the 
power to veto a resolution of disapproval, Congress would need 
to have the support of a two-thirds majority in each House to 
ensure that a rule will not come into effect.
    Accordingly, a new mechanism is necessary in order to 
preserve the ability of a majority of the Members of Congress 
to affect agency regulatory decisions. Only by providing for 
the approval of major regulations on the front end can Congress 
regain its rightful role as the legislative body of the 
government, rather than allowing unelected officials to 
continue exercising those powers. The REINS act provides just 
such a mechanism.
    On October 25th, the Committee on the Judiciary ordered 
H.R. 10 favorably reported, as amended, to the House by a 
party-line vote of 22 to 14.

                                Hearings

    The Committee on Rules did not hold a hearing on this bill. 
However, on January 24, 2011, the Subcommittee on Courts, 
Commercial and Administrative Law of the Committee on the 
Judiciary held a hearing entitle ``The REINS Act--Promoting 
Jobs and Expanding Freedom by Reducing Needless Regulations.'' 
The following witnesses testified: The Honorable David 
McIntosh, former Member of Congress; Mr. Jonathan Adler, 
Professor, Case Western Reserve University School of Law and 
Director, Center for Business Law and Regulation; and Ms. Sally 
Katzen, Visiting Professor, New York University School of Law 
and Senior Advisor, Podesta Group.
    The Subcommittee also held a legislative hearing on the 
bill on March 8, 2011. The following witnesses testified: Mr. 
David Schoenbrod, Trustee Professor of Law, New York Law 
School; Mr. Eric R. Claeys, Professor of Law, George Mason 
University School of Law; and Mr. David Goldston, Director of 
Government Affairs, Natural Resources Defense Council.

                        Committee Consideration

    The Committee on Rules met on November 16, 2011 in open 
session and ordered H.R. 10 favorably reported to the House 
with amendment by a record vote of 7 yeas and 3 nays, a quorum 
being present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. A 
motion by Mr. Dreier to report the bill to the House as amended 
with a favorable recommendation was agreed to by a record vote 
of 7 yeas and 3 nays, a quorum being present.
    The names of Members voting for and against follow:

                                       Rules Committee Record Vote No. 158
 Motion by Mr. Dreier to order the bill as amended reported to the House with a favorable recommendation; agreed
                                             to: 7 yeas and 3 nays.
----------------------------------------------------------------------------------------------------------------
                Majority Members                     Vote                Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions...................................          Yea   Ms. Slaughter......................          Nay
Ms. Foxx.......................................          Yea   Mr. McGovern.......................          Nay
Mr. Bishop (UT)................................          Yea   Mr. Hastings (FL)..................  ............
Mr. Woodall....................................  ............  Mr. Polis..........................          Nay
Mr. Nugent.....................................          Yea
Mr. Scott......................................          Yea
Mr. Webster....................................          Yea
Mr. Dreier, Chairman...........................          Yea
----------------------------------------------------------------------------------------------------------------

    The Committee also disposed of the following amendments by 
record vote:

                                       Rules Committee Record Vote No. 154
 Amendment #1a by Ms. Slaughter to amendment #1 by Mr. Dreier, to exempt any rule relating to public health and
                                    safety; not agreed to: 4 yeas and 6 nays.
----------------------------------------------------------------------------------------------------------------
                Majority Members                     Vote                Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions...................................          Nay   Ms. Slaughter......................          Yea
Ms. Foxx.......................................          Nay   Mr. McGovern.......................          Yea
Mr. Bishop (UT)................................  ............  Mr. Hastings (FL)..................          Yea
Mr. Woodall....................................  ............  Mr. Polis..........................          Yea
Mr. Nugent.....................................          Nay
Mr. Scott......................................          Nay
Mr. Webster....................................          Nay
Mr. Dreier, Chairman...........................          Nay
----------------------------------------------------------------------------------------------------------------


                                       Rules Committee Record Vote No. 155
 Amendment #1b by Mr. McGovern to amendment #1 by Mr. Dreier, to exempt any rule decreasing the poverty rate in
                              the United States; not agreed to: 4 yeas and 7 nays.
----------------------------------------------------------------------------------------------------------------
                Majority Members                     Vote                Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions...................................          Nay   Ms. Slaughter......................          Yea
Ms. Foxx.......................................          Nay   Mr. McGovern.......................          Yea
Mr. Bishop (UT)................................          Nay   Mr. Hastings (FL)..................          Yea
Mr. Woodall....................................  ............  Mr. Polis..........................          Yea
Mr. Nugent.....................................          Nay
Mr. Scott......................................          Nay
Mr. Webster....................................          Nay
Mr. Dreier, Chairman...........................          Nay
----------------------------------------------------------------------------------------------------------------


                                       Rules Committee Record Vote No. 156
    Amendment #1c by Mr. McGovern to amendment #1 by Mr. Dreier, to exempt rules relating to decreasing food
                                  insecurity; not agreed to: 4 yeas and 7 nays.
----------------------------------------------------------------------------------------------------------------
                Majority Members                     Vote                Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions...................................          Nay   Ms. Slaughter......................          Yea
Ms. Foxx.......................................          Nay   Mr. McGovern.......................          Yea
Mr. Bishop (UT)................................          Nay   Mr. Hastings (FL)..................          Yea
Mr. Woodall....................................  ............  Mr. Polis..........................          Yea
Mr. Nugent.....................................          Nay
Mr. Scott......................................          Nay
Mr. Webster....................................          Nay
Mr. Dreier, Chairman...........................          Nay
----------------------------------------------------------------------------------------------------------------


                                       Rules Committee Record Vote No. 157
  Amendment #1d by Mr. Hastings of Florida to amendment #1 by Mr. Dreier, to exempt rules resulting in net job
   growth as determined by the Office of Information and Regulatory Affairs; not agreed to: 4 yeas and 7 nays.
----------------------------------------------------------------------------------------------------------------
                Majority Members                     Vote                Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions...................................          Nay   Ms. Slaughter......................          Yea
Ms. Foxx.......................................          Nay   Mr. McGovern.......................          Yea
Mr. Bishop (UT)................................          Nay   Mr. Hastings (FL)..................          Yea
Mr. Woodall....................................  ............  Mr. Polis..........................          Yea
Mr. Nugent.....................................          Nay
Mr. Scott......................................          Nay
Mr. Webster....................................          Nay
Mr. Dreier, Chairman...........................          Nay
----------------------------------------------------------------------------------------------------------------

    The Committee also considered the following other 
amendments:
    Amendment #1, offered by Mr. Dreier, making changes to the 
expedited procedures for consideration of joint resolutions of 
approval, was agreed to by a voice vote.
    Amendment #1e, offered by Mr. Hastings of Florida to 
amendment #1 by Mr. Dreier, exempting rules promulgated in 
accordance with the Administrative Procedures Act, was not 
agreed to by a voice vote.
    Amendment #1f, offered by Mr. Polis to amendment #1 by Mr. 
Dreier, exempting rules that would result in greater benefits 
than costs to society as determined by the Office of 
Information and Regulatory Affairs, was not agreed to by a 
voice vote.
    Amendment #2, offered by Mr. Sessions, requiring an agency 
to include analysis of anticipated jobs added or lost as part 
of its major rule report, was withdrawn.

            Committee Oversight Findings and Recommendations

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee made findings that are 
reflected in this report.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 17, 2011.
Hon. David Dreier,
Chairman, Committee on Rules,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 10, the 
Regulations from the Executive in Need of Scrutiny Act of 2011, 
as ordered reported by the Committee on Rules on November 16, 
2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Anders.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 10--Regulations From the Executive in Need of Scrutiny Act of 2011

    Summary: Under current law, the Congress can prevent a rule 
from taking effect by enacting a joint resolution of 
disapproval. In contrast, H.R. 10 would require enactment of a 
joint resolution of approval prior to any major rule taking 
effect. Therefore, H.R. 10 would make major regulations 
dependent on future legislation.
    About 80 major rules have been issued per year, on average, 
over the past five years. Major rules vary greatly in their 
nature and scope. CBO and the staff of the Joint Committee on 
Taxation (JCT) cannot determine the budgetary effects of 
preventing all future major rules from going into effect, but 
we expect that enacting H.R. 10 would have effects on both 
direct spending and revenues. Pay-as-you-go procedures apply 
because enacting the legislation would affect direct spending 
and revenues.
    CBO expects that implementing H.R. 10 would not have any 
significant impact on spending subject to appropriation.
    CBO expects that H.R. 10 would impose no intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA).
    Estimated cost to the Federal Government:

Background

    The Congressional Review Act (CRA) of 1996 requires federal 
agencies to submit final rules to Congress and the Comptroller 
General before they may take effect. Final rules may only be 
annulled by Congress if a joint resolution of disapproval is 
enacted into law. H.R. 10 would amend current law by requiring 
Congress to enact a joint resolution of approval before any 
major rule may take effect. The definition of a major rule, 
which was originally set by the CRA and is left unchanged by 
H.R. 10, is any rule that the Office of Management and Budget 
determines would have:
     An annual effect on the economy of $100,000,000 or 
more;
     A major increase in costs or prices for consumers; 
individual industries; federal, state, or local government 
agencies; or geographic regions; or
     Significant adverse effects on competition, 
employment, investment, productivity, innovation, or the 
ability of United States-based enterprises to compete with 
foreign-based enterprises in domestic and export markets.\1\
---------------------------------------------------------------------------
    \1\See 5 USC Sec. 804(2).
---------------------------------------------------------------------------
    H.R. 10 specifies special Congressional procedures and 
explicit timelines for enacting a joint resolution of approval 
for major rules. Under H.R. 10, if the Congress fails to enact 
a joint resolution of approval within 70 legislative (or 
session) days of receiving the major rule and accompanying 
report from a federal agency, the rule may not take effect. 
Further, the Congress may not reconsider a joint resolution of 
approval relating to that rule in the same Congress. However, a 
major rule may take effect for one 90-calendar-day period 
without Congressional approval if the President determines via 
an executive order that the major rule is necessary for one of 
four reasons. These reasons are: to respond to an imminent 
threat to health or safety, to enforce criminal laws, to 
protect national security, or to implement an international 
trade agreement.
    Since 1997, which was the first full calendar year 
following the enactment of the CRA, federal agencies have 
published 50 or more major rules each year. One hundred major 
rules were issued in 2010, and 79 major rules have been issued, 
on average, over the past five full calendar years. Fifty major 
rules have been issued so far in 2011 (as of November 8, 2011). 
Major rules vary greatly in scope and in their effect on the 
federal budget. For example, major rules issued in 2011 include 
required warnings for cigarette packages and advertisements, 
Medicare payment rates for inpatient psychiatric facilities, 
and national emission standards for hazardous air pollutants 
from industrial, commercial and institutional boilers.\2\
---------------------------------------------------------------------------
    \2\GAO Federal Rules Database, http://www.gao.gov/legal/
congressact/fedrule.html.
---------------------------------------------------------------------------
    In general, most major rules with budgetary effects are 
issued to implement current law; therefore, the budgetary 
effects of such anticipated rules are reflected in CBO's 
baseline projections. For example, routine annual rules 
establish new payment rates for a variety of Medicare services. 
Such updated payment rates reflect changes in the price indices 
specified to be used for those services by current law; the 
result is often an increase in payment rates and thus an 
increase in spending.
    If H.R. 10 is enacted, baseline projections would no longer 
reflect the budgetary impact of major rules. Accordingly, if 
the Congress later considers a joint resolution of approval for 
a major rule, the estimated budgetary effect of that resolution 
would include the cost or savings of implementing that rule. 
For example, if H.R. 10 is enacted, baseline projections would 
no longer assume that payment rates for Medicare providers 
would rise over time without Congressional action. As a result, 
a Congressional resolution of approval for a major rule raising 
such rates would be estimated as having a cost to reflect those 
higher rates.

Impact on Federal spending and revenues

    Direct Spending. H.R. 10 would prevent all major rules from 
taking effect unless subsequent legislation is enacted. 
Therefore, in assessing the budgetary effects of H.R. 10, CBO 
considered the costs and savings that would be realized if 
anticipated major rules do not take effect. Preventing some 
major rules from taking effect would result in costs, while 
preventing others would result in savings. CBO expects that the 
rules with the largest effects on federal spending will be 
those related to federal health programs, particularly 
Medicare, and that enacting H.R. 10 would significantly reduce 
Medicare spending relative to current law.
    On net, CBO estimates that enacting H.R. 10 would result in 
savings for direct spending over the 2012-2021 period. Such 
budgetary effects would largely be driven by: (1) preventing 
annual updates to payment schedules for provision of Medicare 
services and other routine revisions to aspects of selected 
government programs; and (2) significantly altering the 
implementation of legislation with substantial budget effects.
    Many routine major rules are health-related and in 
particular pertain to Medicare. Some examples include rules 
that establish annual increases in payment rates for services 
provided by hospitals, physicians, and other Medicare 
providers. Enacting H.R. 10 would freeze payment structures for 
those providers at current levels, which would, on net, result 
in hundreds of billions of dollars in savings over the 2012-
2021 period. Preventing some major rules from taking effect 
would result in an increase in direct spending (from an 
increase in spending or from a reduction in offsetting 
receipts). For example, preventing annual increases in premiums 
paid by beneficiaries for Medicare Part B would reduce premium 
collections, and preventing scheduled reductions in payments 
for hospitals that serve a disproportionate share of low-income 
patients under the Medicaid program would increase costs 
relative to current law. However, CBO estimates that overall 
savings would likely offset those costs by a substantial 
amount.
    Enacting H.R. 10 would also affect the implementation of 
significant legislation for which final rules have not been 
issued. For example, H.R. 10 would make some major rules 
related to implementing the Patient Protection and Affordable 
Care Act (PPACA, Public Law 111-148) subject to a joint 
resolution of approval because a number of rules have not yet 
taken effect. Many of these rules relate to health insurance 
exchanges, which will become operational in 2014 under current 
law. Preventing rules governing exchanges from taking effect 
would, at a minimum, delay implementation of health insurance 
exchanges, which would in turn result in significant savings.
    Revenues. Enacting H.R. 10 would also affect revenues, and 
JCT expects that preventing regulations from going into effect 
could reduce collections of revenues in some cases and increase 
collections in other cases. JCT cannot determine the sign or 
magnitude of the possible effects on revenues.

Impact on future legislation

    If H.R. 10 is enacted, the budgetary effect of any joint 
resolution of approval for a major rule would include any 
direct spending and revenue effects of implementing that rule. 
Further, for future legislation whose implementation would be 
contingent upon the promulgation of major rules, CBO would 
estimate the budgetary effects assuming those major rules did 
not take effect. The costs or savings associated with those 
major rules would instead be estimated and counted for budget 
enforcement purposes at the time that joint resolutions to 
approve those major rules were being considered.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. Pay-as-you-go procedures apply to H.R. 10 because 
enacting the legislation would affect direct spending and 
revenues. CBO and JCT cannot determine the sign or magnitude of 
those effects.
    Intergovernmental and private-sector impact: CBO expects 
that H.R. 10 would impose no intergovernmental or private-
sector mandates as defined in UMRA. By requiring major rules to 
be approved by a joint resolution of Congress and potentially 
delaying or halting the implementation of those rules, the bill 
could affect public or private entities in a number of ways, 
including slowing reimbursements and eliminating or changing 
regulatory requirements. While the costs and savings tied to 
those individual effects could be significant, CBO has no basis 
for estimating either the overall direction or magnitude of 
those effects on public or private entities because of 
uncertainty about the nature and number of regulations 
affected.
    Previous CBO estimate: On November 9, 2011, CBO transmitted 
a cost estimate for H.R. 10, as ordered reported by the House 
Committee on the Judiciary on October 25, 2011. The Rules 
Committee's version of H.R. 10 is similar to the Judiciary 
Committee's version and would have the same budgetary effects. 
The two versions of the bill are slightly different in that the 
Rules Committee version would establish somewhat different 
expedited procedures for Congressional approval of major rules. 
However, those changes in the bill do not affect CBO's and 
JCT's assessment of the budgetary effects.
    Estimate prepared by: Federal costs: Sarah Anders; Impact 
on state, local, and tribal Governments: Elizabeth Cove 
Delisle; Impact on the private sector: Paige Piper-Bach.
    Estimate approved by: Holly Harvey. Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the Committee establishes the 
following performance related goals and objectives for this 
legislation:
    The legislation will improve Congressional oversight of the 
Executive branch rule-making process and provide job creators 
with the stability they need in order to invest in their 
companies and create jobs.

           New Budget Authority, Entitlement Authority, and 
                            Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of the section 
102(b)(3) of the Congressional Accountability Act.

                      Statement Regarding Earmarks

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, the Committee finds that H.R. 10 does 
not contain any congressional earmarks, limited tax benefits, 
or limited tariff benefits as defined in clause 9 of rule XXI.

             Section-by-Section Analysis of the Legislation


Section 1. Short Title.

    This section provides the short title of the bill, the 
``Regulations from the Executive In Need of Scrutiny Act of 
2011.''

Sec. 2. Purpose.

    Section 2 establishes the purpose of the REINS Act, which 
is to increase accountability and transparency in the Federal 
regulatory process by requiring Congress to approve all new 
major regulations.

Sec. 3. Congressional Review of Agency Rule Making.

    The bill amends chapter 8 of title 5, U.S. Code, to create 
the following method for congressional review of new major 
federal rules:
    Sec.  801. Congressional review.--This section requires 
enhanced reporting of all federal rules to Congress and the 
Comptroller General and provides that a major rule shall not 
take effect without a joint resolution of approval under 
section 802. Section 801 also caps the time to enact a joint 
resolution of approval at 70 legislative days, and empowers the 
President to grant 90-day waivers for certain emergency 
situations. Finally, Section 801 outlines carry-over provisions 
from one session of Congress to the next.
    Sec.   802. Congressional approval procedure for major 
rules.--Subsection (a) describes the content and method of 
introduction for a joint resolution of approval within 3 
legislative or session days (as applicable), and prohibits any 
amendments to that joint resolution during its consideration. 
Subsection (b) provides for the appropriate referral of the 
measure to committees in both the Senate and House of 
Representatives.
    Subsections (c) and (d) provide for expedited consideration 
of the joint resolution in the Senate. In the Senate, a vote on 
passage must occur within 15 session days after a committee is 
discharged or reports the measure. A motion to proceed to the 
joint resolution is in order anytime after the committees are 
discharged or have reported. All points of order against the 
joint resolution are waived. The motion to proceed is not 
subject to amendment, a motion to postpone, or a motion to 
proceed to other business. A motion to reconsider the vote on 
the motion to proceed is not in order. If a motion to proceed 
to a joint resolution is agreed to, debate on the joint 
resolution (and all related motions and appeals) is limited to 
2 hours. The joint resolution is not amendable, and motions to 
postpone, motions to proceed to other business, and a motion to 
recommit are not in order. All appeals are decided without 
debate, and a vote on final passage must occur after the 
conclusion of debate on the joint resolution.
    Subsection (e) provides for consideration of the joint 
resolution in the House. Committees in the House must report 
the joint resolution without amendment within 15 days after 
referral, or they are automatically discharged from further 
consideration. After the joint resolution is on the calendar 
for at least 5 legislative days, the Speaker may recognize a 
Member favoring passage of the joint resolution on the second 
and fourth Thursdays of each month to call up the joint 
resolution for immediate consideration. All points of order 
against the resolution and its consideration are waived, and 
the resolution is debatable for 1 hour. The bill prohibits 
amendments, motions to recommit, and motions to reconsider. If 
a vote on final passage of the joint resolution has not been 
taken by the third Thursday on which the Speaker may recognize 
a member for consideration of the joint resolution, the vote on 
final passage will occur on that day without debate.
    Subsection (f) provides for the disposition of a joint 
resolution by the other House. Notably, paragraph (2) provides 
that the House does not have to vote on passage of a joint 
resolution passed by the Senate if that joint resolution is a 
revenue measure.
    Finally, subsection (g) provides that sections 802 and 803 
are enacted as a rulemaking exercise and are deemed to be part 
of the rules of each body with respect to the joint resolution 
of approval, and supersedes other rules only where it 
explicitly does so and that Congress reserves the right to 
change these rules in the same manner as any other rule.
    Sec.  803. Congressional disapproval procedure for nonmajor 
rules.--Section 803 preserves the existing disapproval process 
under the Congressional Review Act for all non-major rules. 
This section permits Congress to disapprove a rule if both 
houses of Congress pass a joint resolution of disapproval that 
the President signs (or if Congress overrides the veto). 
Section 803 also provides expedited procedural mechanisms in 
the Senate.
    Sec.  804. Definitions.--This section defines certain 
terms, including ``major rule'' and ``nonmajor rule''. It also 
provides that rules of particular applicability, rules relating 
to agency management, or rules relating to agency organization 
are exempt from the REINS Act.
    Sec.  805. Judicial Review.--This section provides that no 
determination, finding, action, or omission under this chapter 
will be subject to judicial review.
    Sec.  806. Exemption for monetary policy.--Like the 
Congressional Review Act, section 806 exempts any rules 
concerning monetary policy promulgated by the Board of 
Governors of the Federal Reserve System or the Federal Open 
Market Committee.
    Sec.  807. Effective date of certain rules.--Section 807 
permits certain rules relating to hunting, fishing, or camping 
and certain non-major rules to take effect notwithstanding 
section 801.

  Changes in Existing House Rules Made by the Legislation as Reported

    In compliance with clause 3(g) of rule XIII of the Rules of 
the House of Representatives, H.R. 10 does not propose to 
repeal or amend a standing rule of the House.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


         [CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

[Sec.
[801.  Congressional review.
[802.  Congressional disapproval procedure.
[803.  Special rule on statutory, regulatory, and judicial deadlines.
[804.  Definitions.
[805.  Judicial review.
[806.  Applicability; severability.
[807.  Exemption for monetary policy.
[808.  Effective date of certain rules.

[Sec. 801. Congressional review

  [(a)(1)(A) Before a rule can 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;
          [(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 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 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 report 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 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 Comptroller 
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 on the latest of--
          [(A) the later of the date occurring 60 days after 
        the date on which--
                  [(i) the Congress receives the report 
                submitted under paragraph (1); or
                  [(ii) the rule is published in the Federal 
                Register, if so published;
          [(B) if the Congress passes a joint resolution of 
        disapproval described in section 802 relating to the 
        rule, and the President signs a veto of such 
        resolution, the earlier date--
                  [(i) on which either House of Congress votes 
                and fails to override the veto of the 
                President; or
                  [(ii) occurring 30 session days after the 
                date on which the Congress received the veto 
                and objections of the President; or
          [(C) the date the rule would have otherwise taken 
        effect, if not for this section (unless a joint 
        resolution of disapproval under section 802 is 
        enacted).
  [(4) Except for a major rule, a rule shall take effect as 
otherwise provided by law after submission to Congress under 
paragraph (1).
  [(5) Notwithstanding paragraph (3), the effective date of a 
rule shall not be delayed by operation of this chapter beyond 
the date on which either House of Congress votes to reject a 
joint resolution of disapproval under section 802.
  [(b)(1) A rule shall not take effect (or continue), if the 
Congress enacts a joint resolution of disapproval, described 
under section 802, of the rule.
  [(2) A rule that does not take effect (or does not continue) 
under paragraph (1) may not be reissued in substantially the 
same form, and a new rule that is substantially the same as 
such a rule may not be issued, unless the reissued or new rule 
is specifically authorized by a law enacted after the date of 
the joint resolution disapproving the original rule.
  [(c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a rule that would not take 
effect by reason of subsection (a)(3) may take effect, 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 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 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 or the effect of a joint resolution of disapproval under 
this section.
  [(d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, 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 session days, or
          [(B) in the case of the House of Representatives, 60 
        legislative days,
before the date the Congress adjourns a session of Congress 
through the date on which the same or succeeding Congress first 
convenes its next session, section 802 shall apply to such rule 
in the succeeding session of Congress.
  [(2)(A) In applying section 802 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 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 
                Representatives, 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.
  [(3) A rule described under paragraph (1) shall take effect 
as otherwise provided by law (including other subsections of 
this section).
  [(e)(1) For purposes of this subsection, section 802 shall 
also apply to any major rule promulgated between March 1, 1996, 
and the date of the enactment of this chapter.
  [(2) In applying section 802 for purposes of Congressional 
review, a rule described under paragraph (1) shall be treated 
as though--
          [(A) such rule were published in the Federal Register 
        on the date of enactment of this chapter; and
          [(B) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
  [(3) The effectiveness of a rule described under paragraph 
(1) shall be as otherwise provided by law, unless the rule is 
made of no force or effect under section 802.
  [(f) Any rule that takes effect and later is made of no force 
or effect by enactment of a joint resolution under section 802 
shall be treated as though such rule had never taken effect.
  [(g) If the Congress does not enact a joint resolution of 
disapproval under section 802 respecting a rule, no court or 
agency may infer any intent of the Congress from any action or 
inaction of the Congress with regard to such rule, related 
statute, or joint resolution of disapproval.

[Sec. 802. Congressional disapproval procedure

  [(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 
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 rule submitted by the -- -- 
relating to -- --, and such rule shall have no force or 
effect.'' (The blank spaces being appropriately filled in).
[(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of 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 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 20 calendar days after the submission or publication 
date defined under subsection (b)(2), such committee may be 
discharged 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 
calendar.
  [(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee 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 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 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 further to limit debate is in order 
and not debatable. An amendment to, or a motion to postpone, or 
a motion to proceed to the consideration of other business, or 
a motion to recommit the joint resolution is not in order.
  [(3) In the Senate, immediately following the conclusion of 
the debate on a joint resolution 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 Senate the procedure specified in subsection (c) 
or (d) shall not apply to the consideration of a joint 
resolution respecting a rule--
          [(1) after the expiration of the 60 session days 
        beginning with the applicable submission or publication 
        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 
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 
                received from the other House; but
                  [(B) the vote on final passage shall be on 
                the joint resolution of the other House.
  [(g) This section is enacted by Congress--
          [(1) as an exercise of the rulemaking power of the 
        Senate and House of Representatives, respectively, 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.

[Sec. 803. Special rule on statutory, regulatory, and judicial 
                    deadlines

  [(a) In the case of any deadline for, relating to, or 
involving any rule which does not take effect (or the 
effectiveness of which is terminated) because of enactment of a 
joint resolution under section 802, that deadline is extended 
until the date 1 year after the date of enactment of the joint 
resolution. Nothing in this subsection shall be construed to 
affect a deadline merely by reason of the postponement of a 
rule's effective date under section 801(a).
  [(b) The term ``deadline'' means any date certain for 
fulfilling any obligation or exercising any authority 
established by or under any Federal statute or regulation, or 
by or under any court order implementing any Federal statute or 
regulation.

[Sec. 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 
                geographic regions; or
                  [(C) significant adverse effects on 
                competition, employment, investment, 
                productivity, innovation, or on the ability of 
                United States-based enterprises to compete with 
                foreign-based enterprises in domestic and 
                export markets.
        The term does not include any rule promulgated under 
        the Telecommunications Act of 1996 and the amendments 
        made by that Act.
          [(3) 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 allowances therefor, 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 management 
                or personnel; or
                  [(C) any rule of agency organization, 
                procedure, or practice that does not 
                substantially affect the rights or obligations 
                of non-agency parties.

[Sec. 805. Judicial review

  [No determination, finding, action, or omission under this 
chapter shall be subject to judicial review.

[Sec. 806. Applicability; severability

  [(a) This chapter shall apply notwithstanding any other 
provision of law.
  [(b) If any provision of this chapter or the application of 
any provision of this chapter to any person or circumstance, is 
held invalid, the application of such provision to other 
persons or circumstances, and the remainder of this chapter, 
shall not be affected thereby.

[Sec. 807. 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.]

          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.

Sec. 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 
        classification 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 actions 
        intended to implement the same statutory provision 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;
          (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 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 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 report on each 
major rule to the committees of jurisdiction 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 
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 Comptroller 
General by providing information relevant to the Comptroller 
General's report under subparagraph (A).
  (3) A major rule relating to a report submitted under 
paragraph (1) shall take effect upon enactment of a joint 
resolution of approval described in section 802 or as provided 
for in the rule following enactment of a joint resolution of 
approval described in section 802, whichever is later.
  (4) A nonmajor rule shall take effect as provided by section 
803 after submission to Congress under 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 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 received 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 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 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 chapter, 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 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 succeeding 
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 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 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 subsections of this 
section).

Sec. 802. Congressional approval procedure for major rules

  (a)(1) For purposes of this section, the term ``joint 
resolution'' means only a joint resolution addressing a 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 ___ 
        relating to ___.'';
          (C) includes after its resolving clause only the 
        following (with blanks filled as appropriate): ``That 
        Congress approves the rule submitted by ___ relating to 
        ___.''; and
          (D) is introduced pursuant to paragraph (2).
  (2) After a House of Congress receives a report classifying a 
rule as major pursuant to section 801(a)(1)(A)(iii), the 
majority leader of that House (or his or her respective 
designee) shall introduce (by request, if appropriate) a joint 
resolution described in paragraph (1)--
          (A) in the case of the House of Representatives, 
        within three legislative days; and
          (B) in the case of the Senate, within three session 
        days.
  (3) A joint resolution described in paragraph (1) shall not 
be subject to amendment at any stage of proceeding.
  (b) A joint resolution described in subsection (a) shall be 
referred in each House of Congress to the committees having 
jurisdiction over the provision of law under which the rule is 
issued.
  (c) In the Senate, if the committee or committees to which a 
joint resolution described in subsection (a) has been referred 
have not reported it at the end of 15 session 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 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.
  (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 subsection (c)) 
from further consideration of a joint resolution described in 
subsection (a), it is at any time thereafter in order (even 
though a previous motion to the same effect has been disagreed 
to) for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint 
resolution (and against consideration of the joint resolution) 
are waived. The 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 2 hours, which shall be divided 
equally between those favoring and those opposing the joint 
resolution. A motion to further limit debate is in order and 
not debatable. An amendment to, or a motion to postpone, or a 
motion to proceed to the consideration of other business, or a 
motion to recommit the joint resolution is not in order.
  (3) In the Senate, immediately following the conclusion of 
the debate on a joint resolution 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 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 calendar. 
On the second and fourth Thursdays of each month it shall be in 
order at any time for the Speaker to recognize a Member who 
favors passage of a joint resolution that has appeared on the 
calendar for at least 5 legislative days to call up that joint 
resolution for immediate consideration in the House without 
intervention of any point of order. When so called up a joint 
resolution shall be considered as read and shall be debatable 
for 1 hour equally divided and controlled by the proponent and 
an opponent, and the previous question shall be considered as 
ordered to its passage without intervening motion. It shall not 
be in order to reconsider the vote on passage. If a vote on 
final passage of the joint resolution has not been taken by the 
third Thursday on which the Speaker may recognize a Member 
under this subsection, such vote shall be taken on that day.
  (f)(1) If, before passing a joint resolution described in 
subsection (a), one House receives from the other a joint 
resolution having the same text, then--
          (A) the joint resolution of the other House shall not 
        be referred to a committee; and
          (B) the procedure in the receiving House shall be the 
        same as if no joint resolution had been 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 
Senate is a revenue measure.
  (g) If either House has not taken a vote on final passage of 
the joint resolution by the last day of the period described in 
section 801(b)(2), then such vote shall be taken on that day.
  (h) This section and section 803 are enacted by Congress--
          (1) as an exercise of the rulemaking power of the 
        Senate and House of Representatives, 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 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.

Sec. 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 
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 
_ _ relating to _ _, and such rule shall have no force or 
effect.'' (The blank spaces being appropriately filled in).
  (b)(1) A joint resolution described in subsection (a) shall 
be referred to the committees in each House of 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 introduction of the 
joint resolution, such committee may be discharged 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 calendar.
  (d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee 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 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 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 recommit the joint resolution is not in order.
  (3) In the Senate, immediately following the conclusion of 
the debate on a joint resolution 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 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 publication 
        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 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 
                received from the other House; but
                  (B) the vote on final passage shall be on the 
                joint resolution of the other House.

Sec. 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, including 
        an interim final rule, that the Administrator of the 
        Office of Information and Regulatory Affairs of the 
        Office of Management and Budget finds has resulted in 
        or is likely to result in--
                  (A) an annual effect on the economy of 
                $100,000,000 or more;
                  (B) a major increase in costs or prices for 
                consumers, individual industries, Federal, 
                State, or local government agencies, or 
                geographic regions; or
                  (C) significant adverse effects on 
                competition, employment, investment, 
                productivity, innovation, 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 allowances 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 management or 
                personnel; or
                  (C) any rule of agency organization, 
                procedure, or practice that does not 
                substantially affect the rights or obligations 
                of non-agency parties.

Sec. 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 agency 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 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.

Sec. 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.

Sec. 807. Effective date of certain rules

  Notwithstanding section 801--
          (1) any rule that establishes, modifies, opens, 
        closes, or conducts a regulatory program for a 
        commercial, recreational, or subsistence activity 
        related to hunting, fishing, or camping; or
          (2) any rule other than a major rule which an agency 
        for good cause finds (and incorporates the finding and 
        a brief statement of reasons therefore in the rule 
        issued) that notice and public procedure thereon are 
        impracticable, unnecessary, or contrary to the public 
        interest,
shall take effect at such time as the Federal agency 
promulgating the rule determines.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    H.R. 10, the Regulations From the Executive in Need of 
Scrutiny Act of 2011 (``REINS Act''), would fundamentally alter 
the way our government operates and undermine the bedrock 
constitutional principle of separation of powers. The REINS Act 
would essentially require that a law be enacted re-approving 
every significant regulation issued by an agency before the 
regulation could go into effect, even though regulations are 
issued pursuant to statutes already enacted by Congress. The 
practical result of these new, additional steps in the 
regulatory process would be the wheels of government grinding 
to a halt. This is not an academic debate--the regulations that 
this bill undermines are our best defense against problems like 
polluted air and water, unsafe food, lead in children's toys, 
and dangerous conditions in the workplace.
    Our system of government already has checks and balances 
built in to make sure regulations do what Congress says they 
should. After Congress writes the laws, there are numerous 
statutes and executive orders that ensure an open process as an 
agency writes regulations, requiring them to listen to 
stakeholders and the public, conduct cost/benefit analyses, and 
justify every aspect of the proposed rule. Following 
implementation of a rule, Congress has a number of tools at its 
disposal to evaluate, modify or repeal regulations: through the 
regular reauthorization process; the annual appropriation 
process; oversight hearings; investigations; directions to the 
Government Accountability Office; and revisions of the law at 
any time. Furthermore, entities whose activities are regulated 
have access to the courts.
    When Congress last considered a nearly identical bill in 
the 1980's, now-Chief Justice John Roberts, who was then an 
Associate White House Counsel in the Reagan Administration, 
criticized the legislation for ``hobbling agency rulemaking by 
requiring affirmative Congressional assent to all major 
rules.'' He said that such a requirement ``would seem to impose 
excessive burdens on the regulatory agencies . . .''\1\
---------------------------------------------------------------------------
    \1\OMB Watch, Roberts Showed Prudence in Reg Reform Initiative 
(2005), available at http://www.ombwatch.org/node/2652.
---------------------------------------------------------------------------
    Justice Roberts was right then, and he is still right 
today. Congress writes the laws, and we rely on professionals 
and experts--doctors, engineers, microbiologists, 
statisticians, and so on--to spell out the details of those 
policies so the law can be implemented and enforced in a way 
that makes sense. If this bill is enacted, these decisions will 
instead be made by politicians. Americans are sick of Congress' 
political gamesmanship; the last thing they want is to extend 
its reach into vast new areas of our government.
    H.R. 10 would also introduce tremendous uncertainty into 
the economy. The Majority notes that ``when the rules 
constantly change, small businesses cannot properly plan for 
the future.'' This is actually one of the principal problems 
with H.R. 10: after the multi-year process of Congress enacting 
a law and Executive Branch agencies promulgating a rule, during 
which time businesses put time and money into preparing to 
comply with the regulation, the entire process may be cancelled 
at the very last moment, punishing the responsible firms that 
prepared for the new rules while rewarding those that did not.
    Congress' main priority right now should be jobs, and H.R. 
10 does nothing to create jobs or improve the economy. Quite 
the opposite: the loss of economic benefits that would result 
from the REINS Act would stifle economic growth and slow the 
creation of new jobs. The Majority claims that Federal 
regulation costs our economy $1.75 trillion per year. This 
extremely misleading figure comes from a discredited study 
known as the ``Crain Report,'' which looks only at the costs 
side of the equation, ignoring entirely the benefits side of 
cost/benefit analysis. The Crain Report's authors failed to 
follow basic academic practices in writing their study (for 
example, substituting public opinion polling for hard economic 
data) and the report would never be published by any reputable 
academic journal.
    Indeed, in 2008, the Bush Administration's own Office of 
Management and Budget estimated that costs to the economy for 
major rules were between $46 billion and $54 billion, far 
outweighed by the economic benefits of those regulations, 
estimated to be between $122 billion and $656 billion.
    The Majority also argue that regulations are destroying 
jobs. Bruce Bartlett, an economist who worked in the Reagan and 
George H.W. Bush Administrations, has argued that the idea that 
cutting regulations will lead to significant job growth is 
``just nonsense. It's just made up.'' Bartlett claims that 
``regulatory uncertainty is a canard invented by Republicans 
that allows them to use current economic problems to pursue an 
agenda supported by the business community year in and year 
out. In other words, it is a simple case of political 
opportunism, not a serious effort to deal with high 
unemployment.''\2\
---------------------------------------------------------------------------
    \2\Bruce Bartlett, Misrepresentations, Regulations and Jobs, N.Y. 
Times, Oct. 4, 2011 available at http://economix.blogs.nytimes.com/
2011/10/04/regulation-and-unemployment.
---------------------------------------------------------------------------
    Business owners and executives themselves acknowledge this. 
As the Washington Post has reported, ``data from the Bureau of 
Labor Statistics show that very few layoffs are caused 
principally by tougher rules. Whenever a firm lays off workers, 
the Bureau asks executives the biggest reason for the job cuts. 
In the first half of 2011, 0.23 percent of the people who lost 
their jobs in layoffs were let go because of `government 
regulations/intervention.' By comparison, 29.7 percent were 
laid off because of a drop in business demand.''\3\ This is 
further confirmed by the Wall Street Journal's July 2011 survey 
of business economists.\4\
---------------------------------------------------------------------------
    \3\Bureau of Labor Statistics, Economic News Release, Extended Mass 
Layoffs (Quarterly) News Release (Aug. 10, 2011), available at http://
www.bls.gov/news.release/archives/mslol08102011.htm.
    \4\See Phil Izzo, Dearth of Demand Seen Behind Weak Hiring, Wall 
St. J., July 18, 2011.
---------------------------------------------------------------------------
    But the Rules Committee's primary responsibility in 
relation to H.R. 10 is to ensure the integrity of the 
legislative process in the House. In recommending the passage 
of H.R. 10 to the House, the Committee has failed this 
responsibility. Even Chairman Dreier's amendment to the bill--
which makes the procedural sections of the bill slightly less 
onerous--does nothing to address the sheer volume of additional 
measures the House and Senate would be required to consider 
should H.R. 10 become law.
    In calendar year 2010 alone, Federal agencies issued 94 
major new rules that would have been subject to the REINS Act's 
requirements. At that rate, based on the Majority's schedule 
for the House in 2012, we would have only 13 eligible days to 
consider all 94 joint resolutions. That is an average of over 7 
separate joint resolutions on each of those days.
    The Rules Committee could report special rules allowing 
some of these 94 to be considered on other days, but it would 
still be 94 more bills on our schedule than we currently 
consider. And if the resolutions of approval pile up too 
quickly, and Members are forced to take votes on them at the 
last minute, there will be no debate on them. This means we 
will vote on very significant proposals not only with no 
opportunity for amendment, but also with no Member on either 
side permitted to say why the regulation is worthwhile or 
objectionable.
    We further object to the Committee recommending that the 
House pass this bill, and introduce sweeping changes to the way 
the House operates, without even a single hearing on the matter 
in the Rules Committee. The Judiciary Committee's two hearings 
on this bill did not focus on the implications for the Rules of 
the House if H.R. 10 is enacted. That is supposed to be our 
responsibility.
    We also regret that the Majority rejected our repeated 
attempts in Committee to amend this bill to exempt important 
regulations that relate to public health and safety, job 
creation, economic growth, poverty, and hunger. We hope that 
the full House will be given an opportunity to consider our 
amendments should H.R. 10 be considered on the floor.
    For all of the foregoing reasons, we strongly oppose H.R. 
10 and urge our colleagues to join us in opposition.

                                   Louise M. Slaughter.
                                   James P. McGovern.
                                   Alcee L. Hastings.
                                   Jared Polis.

                                  
