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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\
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\1\See 5 USC Sec. 804(2).
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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\
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\2\GAO Federal Rules Database, http://www.gao.gov/legal/
congressact/fedrule.html.
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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.