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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
12/7/2011--Passed House amended. Regulations From the Executive in Need of Scrutiny Act of 2011 - (Sec. 2) States that the purpose of this Act is to increase accountability for and transparency in the federal regulatory process by requiring Congress to approve all new major regulations.
(Sec. 3) Revises provisions relating to congressional review of agency rulemaking to require a federal agency promulgating a rule to include in its report to Congress and to the Comptroller General (GAO) a classification of the rule as a major or nonmajor rule and an analysis of any jobs added or lost, differentiating between public and private sector jobs, in its cost-benefit analysis of such rule.
Requires a joint resolution of approval of major rules to be enacted before such rules may take effect (currently, major rules take effect unless a joint resolution disapproving them is enacted). Provides that if a joint resolution of approval is not enacted by the end of 70 session days or legislative days, as applicable, after the agency proposing the rule submits its report on such rule to Congress, the major rule shall be deemed not to be approved and shall not take effect. Permits a major rule to take effect for one 90-calendar day period without such approval if the President determines it is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement.
Sets forth the congressional approval procedure for major rules and the congressional disapproval procedure for nonmajor rules.
Requires the introduction of a joint resolution addressing a report classifying a rule as a major rule within three legislative days in the House of Representative and three session days in the Senate. Prohibits any amendments to such a joint resolution at any stage of the legislative process. Provides for expedited consideration of a joint resolution of approval and requires a vote on such resolution in the Senate within 15 session days after it is reported by the committee to which it was referred, or after such committee has been discharged from further consideration of the resolution.
Allows a court to review whether an agency has completed the necessary requirements under this Act for a rule to take effect (currently, no judicial review of a determination, finding, action, or omission in the rulemaking process is subject to judicial review). Limits the effect of a joint resolution of approval of a major rule.
Prohibits an agency from allowing a major rule to take effect without the congressional review procedures set forth in this Act.
(Sec. 4) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to provide that any congressional approval procedure set forth in this Act affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with this Act.