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JGR/Regulatory Oversight and Control Act of 1983 (2 of 2)
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JGR/Regulatory Oversight and Control Act of 1983 (2 of 2)
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John Roberts' Subject Files
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Roberts, John G.: Files Folder Title: JGR/Regulatory Oversight and Control Act of 1983 (2 of 2) Box: 47 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ THE WHITE HOUSE WASHINGTON October 17, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS 82R SUBJECT: H.R. 3939 - "The Regulatory Oversight and Control Act of 1983" OMB has asked for our views by October 27 on the above-referenced bill, which has been introduced by a group of House Republicans under the leadership of Congressman Trent Lott. The bill would effect several major changes in the regulatory process, requiring cost-benefit analysis of proposed rules, review of existing rules, and sunset provisions for major rules. The bill also contains a modified "Bumpers Amendment" and a provision obviating current "race to the courthouse" problems through a random forum selection process. Finally, the bill responds to the Chadha decision by requiring a joint resolution of approval before "major" rules can take effect and a ninety-day report and wait period providing an opportunity for a joint resolution of disapproval with respect to "minor" rules. A major rule is one designated as such by the President or issuing agency, or one with an annual economic impact of $100 million or more. You will recall that we sent a memorandum to Darman on October 7 (copy attached) objecting on several grounds to a proposed letter from Ken Duberstein to Lott concerning the bill. This bill is of course a major undertaking, and the Administration response will have to be distilled from comments supplied by numerous departments and agencies, in particular the Justice Department and those offices that have been engaged in the regulatory reform effort. At this point, all we can do is highlight some problem areas. The attached draft memorandum does so, pointing out: (1) the burden of mandating agency review of existing regulations, (2) objections to the modified Bumpers Amendment previously voiced by the Justice Department, (3) objections to hobbling agency rulemaking by requiring affirmative Congressional assent to all major rules, (4) a constitutional objection to a detail in the legislative veto provisions. Attachment THE WHITE HOUSE WASHINGTON October 17, 1983 MEMORANDUM FOR JAMES C. MURR ASSISTANT DIRECTOR FOR LEGISLATIVE REFERENCE OFFICE OF MANAGEMENT AND BUDGET Crig. signed FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: H.R. 3939 - "The Regulatory Oversight and Control Act of 1983" Counsel's Office has reviewed the above-referenced bill. Several of its provisions, such as those mandating regulatory analyses of agency rules and requiring agencies to adopt the most cost-effective alternative, appear to be consistent with the Administration's approach to regulatory reform. Other provisions of the bill would seem to impose excessive burdens on the regulatory agencies in a manner that could well impede the achievement of Administration objectives. Of particular concern is the bill's response to the Supreme Court's decision in INS V. Chadha. Requiring affirmative Congressional approval of all major proposed rules, while constitutionally acceptable under Chadha, would effectively halt agency rulemaking. While this may seem a halcyon prospect with respect to some agencies, it would also hobble Administration efforts to reform existing regulatory schemes. Depriving agencies of authority to issue regulations without Congressional approval would represent a dramatic shift of power from the executive to the legislative branch, and is, in our view, an extreme overreaction to the Chadha decision. We would also point out that in § 201 of the bill, proposed § 802 (a) (3) (b) (ii) of Title 5, United States Code, is constitutionally invalid under Chadha. That provision would permit regulations that would become effective after expiration of a 90-day waiting period in the absence of a joint resolution of disapproval to become effective earlier upon rejection by one House of such a resolution. This gives legal effect to action by Congress (rejection by one House) that does not satisfy the bicameralism or presentment requirements of Chadha. Section 103 of the bill, proposed § 706 of Title 5, United States Code, is the so-called modified Bumpers Amendment. On September 21, 1983, Assistant Attorney General Jonathan Rose advised the Subcommittee on Administrative Practice and Procedure of the Senate Judiciary Committee that the Justice Department objected to similar provisions in S. 1080. We assume that those objections would also apply to this bill. Finally, we would note the tremendous burden this bill would impose on agencies by requiring review of existing major rules. Such a blunderbuss approach may not be the most efficient use of each agency's time and resources. FFF: JGR:aea 10/17/83 CC: FFFielding JGRoberts Subj Chron THE WHITE HOUSE WASHINGTON October 17, 1983 MEMORANDUM FOR JAMES C. MURR ASSISTANT DIRECTOR FOR LEGISLATIVE REFERENCE OFFICE OF MANAGEMENT AND BUDGET FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: H.R. 3939 - "The Regulatory Oversight and Control Act of 1983" Counsel's Office has reviewed the above-referenced bill. Several of its provisions, such as those mandating regulatory analyses of agency rules and requiring agencies to adopt the most cost-effective alternative, appear to be consistent with the Administration's approach to regulatory reform. Other provisions of the bill would seem to impose excessive burdens on the regulatory agencies in a manner that could well impede the achievement of Administration objectives. Of particular concern is the bill's response to the Supreme Court's decision in INS V. Chadha. Requiring affirmative Congressional approval of all major proposed rules, while constitutionally acceptable under Chadha, would effectively halt agency rulemaking. While this may seem a halcyon prospect with respect to some agencies, it would also hobble Administration efforts to reform existing regulatory schemes. Depriving agencies of authority to issue regulations without Congressional approval would represent a dramatic shift of power from the executive to the legislative branch, and is, in our view, an extreme overreaction to the Chadha decision. We would also point out that in § 201 of the bill, proposed § 802 (a) (3) (b) (ii) of Title 5, United States Code, is constitutionally invalid under Chadha. That provision would permit regulations that would become effective after expiration of a 90-day waiting period in the absence of a joint resolution of disapproval to become effective earlier upon rejection by one House of such a resolution. This gives legal effect to action by Congress (rejection by one House) that does not satisfy the bicameralism or presentment requirements of Chadha. Section 103 of the bill, proposed § 706 of Title 5, United States Code, is the so-called modified Bumpers Amendment. On September 21, 1983, Assistant Attorney General Jonathan Rose advised the Subcommittee on Administrative Practice and Procedure of the Senate Judiciary Committee that the Justice Department objected to similar provisions in S. 1080. We assume that those objections would also apply to this bill. Finally, we would note the tremendous burden this bill would impose on agencies by requiring review of existing major rules. Such a blunderbuss approach may not be the most efficient use of each agency's time and resources. FFF:JGR:aea 10/17/83 CC: FFFielding JGRoberts Subj Chron ID # 178351 CU WHITE HOUSE FG CORRESPONDENCE TRACKING WORKSHEET O OUTGOING H . INTERNAL I . INCOMING JR Date Correspondence Received (YY/MM/DD) / 1 Name of Correspondent: James C MURR MI Mail Report User Codes: (A) (B) (C) Subject: H.R 3939 The Regulatory Oversight and Control act of 1983" ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD WHOLL ORIGINATOR DD83,10,07 / / Referral Note: WAT 18 D DD: $3,10,07 583,10.17 Referral Note: 1 / / 1 Referral Note: / / / / Referral Note: / / / / Referral Note: ACTION CODES: DISPOSITION CODES: A - Appropriate Action I Info Copy Only/No Action Necessary A Answered C Completed C Comment/Recommendation R . Direct Reply w/Copy B . Non-Special Referral S Suspended D Draft Response S For Signature F - Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code - "A" Completion Date = Date of Outgoing Comments: Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 EXECUTIVE OFFICE OF THE PRESIDENT -6 OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 October 5, 1983 178351 LEGISLATIVE REFERRAL MEMORANDUM TO: LEGISLATIVE LIAISON OFFICER SEE DISTRIBUTION ATTACHED SUBJECT: H.R. 3939, "The Regulatory Oversight and Control Act of 1983" (Summary attached) The Office of Management and Budget requests the views of your agency on the above subject before advising on its relationship to the program of the President, in accordance with OMB Circular A-19. Please provide us with your views no later than Thursday, October 27, 1983. Direct your questions to Branden Blum (395-3802), the legislative attorney in this office. James Assistant Director for Legislative Reference Enclosure CC: B. Bedell E. Fielding E. Strait R. Howard J. Hill M. Allen W. Weiss R. Adkins D. Crabill B. Martin K. Wilson M. Horowitz J. Walker D. Kleinberg H. Loweth P. Szervo DISTRIBUTION LIST: Department of Agriculture Department of Commerce Department of Education Department of Defense Department of Justice Department of Labor Department of Health and Human Services Department of Housing and Urban Development Department of State Department of the Treasury Department of Transportation Department of the Interior Department of Energy Veterans Administration Environmental Protection Agency Small Business Administration Securities and Exchange Commission Office of Personnel Management Federal Trade Commission General Services Administration Merit Systems Protection Board Interstate Commerce Commission Administrative Office of the United States Courts Federal Communications Commission Consumer Product Safety Commission Commodity Futures Trading Commission Federal Deposit Insurance Corporation Federal Maritime Commission Federal Home Loan Bank Board Federal Emergency Management Agency Nuclear Regulatory Commission United States Postal Service Central Intelligence Agency Civil Aeronautics Board National Credit Union Administration BRIEF SUMMARY OF THE "REGULATORY OVERSIGHT & CONTROL ACT OF 1983" TITLE I -- AGENCY RULEMAKING IMPROVEMENTS (Amendments to the Administrative Procedure Act) Regulatory Analysis of Major Rules -- Agencies would be required to peform regulatory analyses of major rules and alternatives. Major rules are those which the agency or President determine would have an annual impact on the economy of $100 million or more or would otherwise have a substantial impact. The agency would be required to choose the most cost-effective alternative unless another alternative is mandated by the underlying statute. The President (or the Vice President or other Executive Officer confirmed by the Senate) would establish guidelines for compliance and would review and monitor compliance. The Comptroller General may also monitor compliance. Regulatory Agenda -- Each agency shall publish in the Federal Register in April and October of each year a regulatory agenda listing all rules the agency tends to propose, promulgate, modify, repeal or otherwise consider in the next 12-months. Certain information is required to be included with each rule listed on the agenda. Agency Review of Existing Rules -- Not later than nine months after the effective date, each agency shall publish in the Federal Register a schedule for the review of existing major rules over the next ten years. A final schedule would be published not later than six months later, after public comment. The President could add rules to this review schedule. The reviews would be subject to the same comment and analysis requirements as new major rules. Sunset for Major Rules -- All newly proposed and existing major rules scheduled for review shall include a date on which they shall cease to be effective, not later than 10 years after they are initially effective, in the case of new rules, and according to their sunset review schedule for existing rules. Informal Rulemaking Process -- The informal rulemaking process is amended to provide greater notice, information, and opportunity for oral and written public comment. Judicial Review (modified "Bumpers Amendment") -- When agency actions are challenged in the courts, the courts shall independently decide all relevant ( questions without according any presumption in favor or against the actions. Appeals of Agency Orders ("race to courthouse" problem) -- When agency actions are challenged in two or more courts of appeals within ten days of their issuance; the Administrative Office of the U.S. Courrs shall, by random selection, designate one court in which the record shall be filed. Intervenor Funding -- Federal funds could not be used for public participation in agency rulemaking proceedings unless specifically authorized by law. TITLE II -- CONGRESSIONAL REVIEW OF AGENCY RULES (Amendments to Administrative Procedure Act) Submission and Review of Agency Rules -- Agencies would be required to submit most rules of general applicability to Congress for a 90-day review period. The rules would be referred to one committee of primary jurisdiction in each House or to an ad hoc committee if more than one committee has primary jurisdiction. (OVER) -2- Congressional Action on Rules -- Major rules could not take effect unless a joint resolution of approval is enacted within 90-days of continuous session of Congress; other rules could take effect unless a joint resolution of disapproval is enacted within the 90-day period, and could take effect sooner if neither House has acted on a resolution within 60-days or if either House has rejected a resolution. Committee Consideration of Resolutions -- In the case of major rules, resolutions of approval must be introduced by the chairman (or his designee) of the committee to which the rule is referred within one day after the rule is received, and the committee would be required to report the resolution not later than 45-days after receipt of the rule, or would thereafter be discharged of the resolution. Other rules would be subject to joint resolutions of disapproval which the committee could report at its own discretion or would be required to report if a "motion for consideration" is filed within 25-days after the rule is received and is signed by one-fourth of the membership of the House involved not later than 30-days after the rule is received. If the committee has not reported such a resolution within 45-days after receipt of the rule, the resolution would be discharged. Floor Consideration of Resolutions -- Resolutions reported or discharged would be referred to the appropriate calendar of the House involved, a motion to proceed to their consideration would be privileged and, if adopted, debate on major rules resolutions would be for two-hours, and for other rules resolutions, one-hour. If one House receives a resolution from the other House and has not reported or been discharged of its own resolution within 75-days after the rule is received, the resolution of the other House would be placed on the appropriate calendar. TITLE III -- REGULATORY OVERSIGHT & CONTROL AMENDMENTS TO HOUSE RULES (Amendments to the Rules of the House) House Regulatory Review Calendar -- A Regulatory Review Calendar would be established in the House to which all joint resolutions of approval and disapproval would be referred once reported or discharged from committee. The Calendar would be called on the first and third Monday and second and fourth Tuesday of each month after the approval of the Journal. Priority consideration would be given to resolutions for rules whose review period would expire before the next calling of the Calendar. Motions to proceed to the consideration of a resolution would be nondebatable except for resolutions discharged pursuant to a "motion for consideration" signed by one-fourth of the membership, in which case the motion would be debated for twenty minutes. Regulatory Appropriations Riders -- The present House rule restricting the offering of limitation amendments to appropriations bills would be amended. At present such limitation amendments can only be offered after other amendments are disposed of and only if the House votes down a motion that the Committee of the Whole rise. Under the proposed rule change, limitation amendments could be considered during the initial amendment process with respect to regulations for which a resolution of disapproval has not been considered by the House, or has been passed but not enacted, during the specified review period. Oversight Improvements -- Committees would be required to formally adopt oversight plans at the beginning of a Congress and their funding resolutions could not be considered until the plans have been submitted to the Government Operations Committee. Committees would also be required in their final oversight reports to relate their actual oversight activities and accomplishments to their original plans. The Speaker could create special ad hoc oversight committees, subject to House approval. THE WHITE HOUSE WASHINGTON October 7, 1983 MEMORANDUM FOR RICHARD G. DARMAN ASSISTANT TO THE PRESIDENT DEPUTY TO THE CHIEF OF STAFF Orig. signed by FFF FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Proposed Letter to Trent Lott on Regulatory Reform Bill Counsel's Office has reviewed the proposed letter from Ken Duberstein to Congressman Trent Lott concerning the "Regulatory Oversight and Control Act of 1983. " As an initial matter, we would prefer to await the receipt of detailed comments from interested departments before responding to Lott. If some immediate response is considered necessary, it must be phrased in the most general terms and avoid specific comment. With this in mind, the first sentence of the third paragraph is far too affirmative an expression of support for Title I of the bill, particularly since Title I contains a modified "Bumpers Amendment" that I am not certain the Administration will support. We suggest changing the sentence to read "Much of Title I of your bill appears to be drafted in the spirit of those bills and Executive Order 12291," and making it the last sentence of the previous paragraph. The second sentence of the third paragraph should be deleted, and no comment should be made on Lott's approach to Chadha until the question has been reviewed by the Justice Department. While Lott's general approach is probably Constitutional, certain particulars appear invalid. For example, Lott's bill would permit regulations that could only be blocked by joint resolution of disapproval to become effective prior to the expiration of the 90-day waiting period upon rejection of a resolution of disapproval by one House. This gives legal effect to action by Congress (rejection by one House) that does not satisfy the bicameralism and presentment requirements of Chadha. Furthermore, the policy implications of Lott's approach should be reviewed prior to any comment. We also recommend deletion of the last sentence of the fourth paragraph. As written the sentence suggests we have not yet begun a review of the legislative veto question, and also suggests that we will have a "strategy" to announce on legislative veto. The former implication is inaccurate and the latter may well be. I think it best not to mention legislative veto at all in this letter, simply leaving that as one of the items on which OMB will be seeking agency comment. FFF:JGR:aea 10/7/83 CC: FFFielding JGRoberts Subj Chron 10/5 DRAFT Honorable Trent Lott House of Representatives Washington, D.C. 20515 Dear Trent: Thank you again for your letter of September 12 enclosing information on what is now H.R. 3939, the "Regulatory Oversight and Control Act of 1983." for We believe that enactment of a general law providing cost- benefit assessment and Executive Office review of individual agency rulès would be a major advance--one that would provide ? cho? substantial lasting administrative benefits to our system of if developing regulations. On September 21, we testified that 6mB, we 500 supported the applicable portions of the substitute H.R. 746 in "Dms", 1982, and S. 1080 and H.R. 220 in 1983. not No P "we" to be Much of appears We are pleased that Title I of your bill is mopelled in the spirit of those bills and Executive Order 12291. [And we note, [See attenhed with interest, your new approach to legislative veto, one that if (eg. appears consistent with the Supreme Court's recent decisions vito must concerning legislative veto 3 bee address appropinte We will do all we can to work with you and other interested Members in drafting and winning approval for/regulatory reform in this session of Congress. In the meantime, the Legislative Reference Division in OMB is seeking detailed agency comments analysis on H.R. 3939. The Cabinet Council on Legal Policy will soon be 2 proper comes for the to the reviewing the whole Administration strategy on legislative veto and other related issues. Thank you for your interest and support, and we will be contacting you further as our review of this bill continues. Sincerely, KunD to smith must be sid a leg. neto "We will also ask de Justice Department to review carefulls, i light of the Supprine Cemt's recent Challen decision, the bill: promises -5 on Car gussinal review is proposal regulations." 4 10/5 DRAFT Honorable Trent Lott House of Representatives Washington, D.C. 20515 Dear Trent: Thank you again for your letter of September 12 enclosing information on what is now H.R. 3939, the "Regulatory Oversight and Control Act of 1983. " We believe that enactment of a general law providing the cost- benefit assessment and Executive Office review of individual agency rules would be a major advance--one that would provide substantial lasting administrative benefits to our system of developing regulations. On September 21, we testified that we supported the applicable portions of the substitute H.R. 746 in 1982, and S. 1080 and H.R. 220 in 1983. SP! We are pleased that Title I of your bill is modelled in the spirit of those bills and Executive Order 12291. And we note, with interest, your new approach to legislative veto, one that appears consistent with the Supreme Court's recent decisions concerning legislative veto. We will do all we can to work with you and other interested members in drafting and winning approval for regulatory reform in this session of Congress. In the meantime, the Legislative Reference Division in OMB is seeking detailed agency comments on H.R. 3939. The Cabinet Council on Legal Policy will soon be 2 reviewing the whole Administration strategy on legislative veto and other related issues. Thank you for your interest and support, and we will be contacting you further as our review of this bill continues. Sincerely, KUUD TRENT LOTT #16200 2400 RAYBURN BUILDING 5TH DISTRICT. MISSISSIPPI WASHINGTON, D.C. 20515 202-225-5772 REPUBLICAN WHIP RULES COMMITTEE Congress of the United States DISTRICT OFFICES: GULFPORT, MISSISSIPPI 39501 601-864-7879 ADMINISTRATIVE ASSISTANT TOM H. ANDERSON, JR. house of Representatives MATTIESBURG, MISSISSIPPI 38481 LAUREL, MISSISSIPPI 38440 Mashington, D.C. 20515 601-649-1231 September 12, 1983 The President The White House Washington, D.C. 20500 Dear Mr. President: This is to inform you that on Tuesday, Sept. 20th, I will be joined by a group of House Republican leaders in introducing the "Regulatory Oversight and Control Act of 1983" as a response to the Supreme Court's recent decisions holding the legislative veto unconstitutional for regulations. I am enclosing the text and a summary of the bill for your information. I would greatly appreciate your support for this important legislation. As you will note from the summary, my bill builds on your Executive Order of Feb. 17, 1981, on "Federal Regulation" (EO 12291) and the regulatory reform compromise for H.R. 746 worked-out between the White House, the Speaker, the House Judiciary Committee and the business community in the last Congress. While part of the purpose of this bill is to reclaim some congressional control over regulations by requiring the approval of major rules and permitting the disapproval of other rules through the enactment of joint resolutions, the bill also extends much of the authority of your Executive Order to independent regulatory agencies as well as involving you in the congressional approval and disapproval actions relating to their regulations. In short, I think the bill has considerable appeal from both the standpoint of the Congress and the President, but most importantly ensures that the regulation process will be under the firm control of elected officials in both branches. You are to be commended on making regulatory relief one of the key componenents of your economic recovery program, early in your Administration. But, as we approach a very crucial election, it is just as important that we build on those initiatives and not allow that commitment to wane. The initial reaction I have gotten from representatives of the business community to my bill has been very favorable and encouraging. But obviously for this effort to succeed we will need the full support of your Administration. I am available at your convenience to discuss this further with you or your representatives. Sincerely yours, Trent Lott Trent Lott Enclosures BRIEF SUMMARY OF THE "REGULATORY OVERSIGHT & CONTROL -ACT OF 1983" TITLE I -- AGENCY RULEMAKING IMPROVEMENTS (Amendments to the Administrative Procedure Act) Regulatory Analysis of Major Rules -- Agencies would be required to peform regulatory analyses of major rules and alternatives. Major rules are those which the agency or President determine would have an annual impact on the economy of $100 million or more or would otherwise have a substantial impact. The agency would be required to choose the most cost-effective alternative unless another alternative is mandated by the underlying statute. The President (or the Vice President or other Executive Officer confirmed by the Senate) would establish guidelines for compliance and would review and monitor compliance. The Comptroller General may also monitor compliance. Regulatory Agenda -- Each agency shall publish in the Federal Register in April and October of each year a regulatory agenda listing all rules the agency tends to propose, promulgate, modify, repeal or otherwise consider in the next 12-months. Certain information is required to be included with each rule listed on the agenda. Agency Review of Existing Rules -- Not later than nine months after the effective date, each agency shall publish in the Federal Register a schedule for the review of existing major rules over the next ten years. A final schedule would be published not later than six months later, after public comment. The President could add rules to this review schedule. The reviews would be subject to the same comment and analysis requirements as new major rules. Sunset for Major Rules -- All newly proposed and existing major rules scheduled for review shall include a date on which they shall cease to be effective, not later than 10 years after they are initially effective, in the case of new rules, and according to their sunset review schedule for existing rules. Informal Rulemaking Process -- The informal rulemaking process is amended to provide greater notice, information, and opportunity for oral and written public comment. Júdicial Review (modified "Bumpers Amendment") -- When agency actions are challenged in the courts, the courts shall independently decide all relevant questions without according any presumption in favor or against the actions. Appeals of Agency Orders ("race to courthouse" problem) -- When agency actions are challenged in two or more courts of appeals within ten days of their issuance, the Administrative Office of the U.S. Courrs shall, by random selection, designate one court in which the record shall be filed. Intervenor Funding -- Federal funds could not be used for public participation in agency rulemaking proceedings unless specifically authorized by law. TITLE II -- CONGRESSIONAL REVIEW OF AGENCY RULES (Amendments to Administrative Procedure Act) Submission and Review of Agency Rules -- Agencies would be required to submit most rules of general applicability to Congress for a 90-day review period. The rules would be referred to one committee of primary jurisdiction in each House or to an ad hoc committee if more than one committee has primary jurisdiction. (OVER) -2- Congressional Action on Rules -- Major rules could not take effect unless a joint resolution of approval is enacted within 90-days of continuous session of Congress; other rules could take effect unless a joint resolution of disapproval is enacted within the 90-day period, and could take effect sooner if neither House has acted on a resolution within 60-days or if either House has rejected a resolution. Committee Consideration of Resolutions -- In the case of major rules, resolutions of approval must be introduced by the chairman (or his designee) of the committee to which the rule is referred within one day after the rule is received, and the committee would be required to report the resolution not later than 45-days after receipt of the rule, or would thereafter be discharged of the resolution. Other rules would be subject to joint resolutions of disapproval which the committee could report at its own discretion or would be required to report if a "motion for consideration" is filed within 25-days after the rule is received and is signed by one-fourth of the membership of the House involved not later than 30-days after the rule is received. If the committee has not reported such a resolution within 45-days after receipt of the rule, the resolution would be discharged. Floor Consideration of Resolutions -- Resolutions reported or discharged would be referred to the appropriate calendar of the House involved, a motion to proceed to their consideration would be privileged and, if adopted, debate on major rules resolutions would be for two-hours, and for other rules resolutions, one-hour. If one House receives a resolution from the other House and has not reported or been discharged of its own resolution within 75-days after the rule is received, the resolution of the other House would be placed on the appropriate calendar. TITLE III -- REGULATORY OVERSIGHT & CONTROL AMENDMENTS TO HOUSE RULES (Amendments to the Rules of the House) House Regulatory Review Calendar -- A Regulatory Review Calendar would be established in the House to which all joint resolutions of approval and disapproval would be referred once reported or discharged from committee. The Calendar would be called on the first and third Monday and second and fourth Tuesday of each month after the approval of the Journal. Priority consideration would be given to resolutions for rules whose review period would expire before the next calling of the Calendar. Motions to proceed to the consideration of a resolution would be nondebatable except for resolutions discharged pursuant to a "motion for consideration" signed by one-fourth of the membership, in which case the motion would be debated for twenty minutes. Regulatory Appropriations Riders -- The present House rule restricting the offering of limitation amendments to appropriations bills would be amended. At present such limitation amendments can only be offered after other amendments are disposed of and only if the House votes down a motion that the Committee of the Whole rise. Under the proposed rule change, limitation amendments could be considered during the initial amendment process with respect to regulations for which a resolution of disapproval has not been considered by the House, or has been passed but not enacted, during the specified review period. Oversight Improvements -- Committees would be required to formally adopt oversight plans at the beginning of a Congress and their funding resolutions could not be considered until the plans have been submitted to the Government Operations Committee. Committees would also be required in their final oversight reports to relate their actual oversight activities and accomplishments to their original plans. SIS652 98th CONGRESS 1st session H. R. ----- IN THE HOUSE OF REPRESENTATIVES MC. Lott introduced the following bill; which was referred to the Committee on A BILL TO amend title 5, United States Code, and the Rules of the House of Representatives and the Senate to make regulations more cost-effective, to ensure review of rules, to improve regulatory planning and management, tc provide for periodic review of regulations, and to enhance public participation in and congressional oversight and control of the regulatory process, and for other purposes. 1 Be it enacted by the Senate and House of Representatives 2 of the United States of America in Congress assembled, 2 1 short title 2 section 1. This Act may be cited as the Regulatory 3 oversight and Control Act of 1983 TABLE OF TITLES TITLE I- AGENCY RULEMAKING IMPROVEMENTS TITLE II- CONGRESSIONAL REVIEW OF AGENCY RULES TITLE III- REGULATORY OVERSIGHT AND CONTROL AMENDMENTS TO HOUSE RULES 4 Effective date 5 Sec. 2. This Act shall take effect 180 days after the 6 date of the enactment of this ACT, except that the 7 provisions of subchapter II of chapter 6 of title 5, United 8 States Code, as added ty section 101(c) of this Act, the 3 amendment made by section 192(a) of this Act, the amendment 10 made by section 104 of this Act (to the extent such 11 amendment applies to rules), and the amendment made by 12 section 201(a) of this Act shall apply only to rules for 13 which notice cf proposed rulemaking is given after such 14 effective date and to rules promulgated after such effective 15 date for which a notice of proposed rulemaking is not 15 required. 17 TITLE I AGENCY RULEMAKING IMPROVEMENTS 18 sec. 101. (a) Chapter 5 OI title 5, United States code, 19 is amended-- 29 (1) by insecting immediately after the chapter 21 heading the following: S15552 3 1 SUBCHAPTER I -REGULATORY FLEXIRILITY ; 2 (2) by inserting immediately before section 601 the 3 following: 4 *SUBCHAPTER I REGULATORY FLEXIBILITY' ; 5 and 6 (3) by striking out "this chapter' each place it 7 appears and inserting in lieu thereof this 8 subchapter 9 (D) such chapter 6 is further amended by inserting at 10 the end of the chapter analysis the following: SUBCHAPTER II ANALYSIS OF AGENCY PROPOSALS Sec. 621. Definitions. 622. Additional procedures for major rules. 623. Judicial review. 624. Executive oversight. 525. Review by Comptroller General. 625. Authority of agencies and the President. SUBCHAPTER III - ESTABLISHING AGENCY PRIGRITIES AND SCHEDULES FOR COMPLETING PROCEEDINGS 631. Regulatory agenda. SUBCHAPTER IV - AGENCY REVIEW OF RULES 641. Review of rules. 11 (c) Such chapter 6 is further amended by adding at the 12 end thereof the following: 13 SUBCHAPTER II ANALYSIS OF AGENCY PROPOSALS 14 5621. Definitions 15 (a) For purposes of this subchapter, subchapter III, SLS652 4 1 and subchapter IV-- 2 (1) the term "agency" means an agency as defined 3 in section 551 (1) of this title; 4 (2) the term 'benefit', except as used in 5 subsection (D) (2)(B) of this section, means any direct 6 05 indirect beneficial economic, health, safety, 7 environmental, or other effect; 8 (3) the term 'cost' means any direct or indirect 9 adverse economic, health, safety, environmental, or 19 other effect; 11 (4) the term economic cost' means a cost (as 12 defined in paragraph (3) of this subsection) that is 13 reasonably quantifiable in monetary terms; 14 (5) the term 'rule' means a rule as defined in 15 section 551 (4) of this title but does not include-- 16 (A) a rule of particular applicability 17 relating to rates, wages, corporate or financial 18 structures or reorganizations thereof, prices, 19 facilities, appliances, services, or allowances 20 therefor or to valuations, costs or accounting, or 21 practices relating to such rates, wages, structures 22 or reorganizations, prices, facilities, appliances, 23 services, or allowances; 24 ( 2 ) a rule relating to monetary policy 25 proposed or promulgated by the Board of Governors of SLS652 5 1 the Federal Reserve System; 2 (C) a rule that is required by statute to be 3 made on the record after an opportunity for an 4 agency hearing; or 5 (D) a rule described in section 553(a) of this 6 title; 7 (6) the term 'major rule' means a rule or group of 8 closely related rules that 9 (A) imposes economic costs which are likely to 10 result in an annual impact on the economy of 11 $100,000,000 or more; or 12 ``(B) otherwise is designated a major rule by 13 the agency proposing the rule, or by the President 14 (not later than thirty days after the publication cf 15 the notice of proposed rulemaking for that rule) -- 16 ''(i) because the rule would have 17 significant adverse effects on the environment, 18 health or safety, competition, employment, 19 investment, productivity, innovation, or the 20 ability of enterprises, the principal places of 21 business of which ate in the United States, to 22 compete in domestic or export markets; or 23 (ii) because the rule would cause 3 24 substantial increase in costs cr prices for wage 25 earners, consumers, individual industries, SLS652 5 1 nonprofit crganizations, Federal, State, or 2 local government agencies, or geographic 3 regions. 4 " (b)(1) Any designation of a major rule made by the 5 President under subsection (a)(6)(B) of this section shall 6 be published in the Federal Register, together with a 7 succinct statement of the basis for the designation. The 8 President may not delegate his authority to make such a 9 designation. 13 (2) The term 'major rule' as defined in subsection 11 (a) (6) (A) of this section does not include-- 12 ''(A) a rule involving the internal revenue laws of 13 the United States; 14 (B) a rule relating to the viability, stability, 15 asset powers, or categories of accounts of, or 16 permissible interest rate ceilings applicable to 17 depository institutions, the deposits or accounts of 18 which are insured by the Federal Deposit Insurance 19 Corporation, the Federal Savings and Loan Insurance 23 corporation, 05 the Share Insurance Fund of the National 21 Credit Union Administration Board; 22 ``(C) a rule promulgated under the Agricultural 23 Adjustment Act to encourage or to regulate the orderly 24 marketing of agricultural commodities and products, CC a 25 rule promulgated under the Agriculture Act of 1949 to SLS652 7 1 make available price support for agricultural 2 commodities and products; or 3 " (D) a rule promulgated on an annual basis which 4 governs the hunting of migratory birds. 5 5622. Additional procedures for major rules 6 " (a) Before providing notice of proposed rulemaking for 7 any rule, the agency proposing the rule shall determine 8 whether the rule is a major rule and shall include in that 9 notice an explanation cf that determination. 10 (D) Not later than the date on which an agency 11 provides notice of proposed rulemaking for a major rule (or, 12 in the case of a rule designated by the President under 13 section 621 (a) (6) (B) of this title, as soon as reasonably 14 practicable after such designation), the agency shall 15 issue-- 16 (1) a statement of the need for, and objectives 17 of, the proposed rule; 18 (2) a description of those reasonable alternatives 10 to the proposed rule and its main elements that may 20 accomplish the stated objectives of the proposed rule in 21 a manner consistent with the applicable statutes, and, 22 subject to paragraph (4) (C) of this subsection, if the 23 proposed rule does not have lower economic costs than 24 each such alternative, an identification of the 25 alternative which has the lowest economic costs; SLS652 8 1 (3) an analysis of the need, if any, for the 2 establishment or application of requirements in the 3 proposed rule in order to accommodate regional 4 differences, including economic, environmental, 5 demographic, and land-use differences; 6 (4) (A) an analysis of the benefits and costs of 7 the proposed rule and of each of the principal 8 alternatives described in paragraph (2) (including, 9 wnere applicable, the alternative identified in such 10 paragraph having the lowest economic costs); 11 (B) a comparison of the cost effectiveness of the 12 proposed rule and each of the principal alternatives; 13 and 14 ``(C) where it is not expressly or by necessary 15 implication inconsistent with the provisions of the 16 statute pursuant to which the agency is proposing the 17 rule, an explanation of how the benefits of the proposed 18 rule are likely to justify the costs of the proposed 19 rule, and an explanation of how the proposed rule is 20 likely to achieve substantially the rulemaking 21 objectives in a more cost-effective manner than the 22 alternatives to the proposed rule; 23 : (5) an analysis, where applicable, of the relative 24 advantages and disadvantages of adopting performance 25 standards rather than design standards in the proposed SLS652 9 1 rule; 2 (6) (A) an identification of any scientific, 3 economic, or other technical report OF study upon which 4 the agency has relied substantially or expects to rely 5 substantially in the rulemaking; and 6 (B) a description of how the agency has evaluated 7 or intenas to evaluate the quality, reliability, 8 accuracy, and relevance of any such scientific or 9 economic report or study; and 10 (7) if the proposed rule would regulate activities 11 which, before the rule was proposed, were regulated only 12 by State law, a statement of the legal authority for the 13 agency to regulate such activities. " 14 (c) Not later than the date on which an agency 15 provides notice of the promulgation of a major rule, the 16 agency shall issue -- 17 (1) a statement of the need for, and the 18 objectives of, the rule; 19 (2) a description of those alternatives to the 20 rule with respect to which an analysis was made pursuant 21 to subsection (b)(4); 22 (3) an analysis of the extent to which the 23 requirements of the rule reflect regional differences, 24 including economic, environmental, demographic, and 25 land-use differences; SLS652 10 1 (4) an analysis of the benefits and costs of the 2 rule; 3 (5) an explanation, where applicable, for the 4 adoption of design standards rather than performance 5 standards in the rule; 6 (6) (A) an identification of any scientific, 7 economic, or other technical report or study upon which 8 the agency relied substantially in the rulemaking; and 9 (B) a description of how the agency evaluated the 13 quality, reliability, accuracy, and relevance of any 11 such scientific or economic report or study; and 12 (7) if the rule regulates activities which, before 13 the issuance of the rule, were regulated only by State 14 law, a statement of the legal authority for the agency 15 to regulate such activities. 16 An agency may not issue a final major rule unless, where it 17 is not expressly or by necessary implication inconsistent 18 with the provisions of the statute pursuant to which the 19 agency is promulcating the rule, the agency makes a 20 reasonable determination, based upon the rulemaking file 21 considered as a whole, that the benefits of the rule justify 22 the costs of the rule, and that the rule will substantially 23 achieve the rulemaking objectives in a more cost-effective 24 manner than the alternatives described in the rulemaking, 25 and includes that determination in the material issued SLS652 11 1 pursuant to this subsection. 2 (d) (1) In lieu of preparing material required by 3 subsection (b) or (c) of this section, an agency may 4 incorporate by reference in any material that it issues 5 pursuant to either such subsection information contained in 6 any other statement or analysis, to the extent that such 7 information satisfies any of the requirements of either such 8 subsection. 9 (2) Each agency shall include, in the notice of each 10 proposed and final major rule, a statement of how the public 11 may optain copies of the material issued pursuant to 12 subsections (b) and (C). An agency may charge a reasonable 13 fee for the copying and mailing of such material. Such 14 material shall be furnished without charge or at a reduced 15 charge where the agency determines that waiver or reduction 16 of the fee is primarily of Benefit to the general public. 17 (3) Subject to section 553(f)(2) of this title, each 18 agency shall include in the rulemaking file required by 19 section 553 (f) of this title-- 20 (A) a copy of the material issued pursuant to 21 subsections (b) and (c) of this section and of any 22 transcript prepared pursuant to subsection (e) of this 23 section; and 24 (B) a copy of any scientific, economic, cr other 25 technical report or study that the agency actually SIS652 12 1 considered in connection with the rulemaking, if 2 information in such report or study pertains directly to 3 the rulemaking and was prepared by officers or employees 4 of the agency or under contract with the agency. 5 (4) Each agency shall send to the President a copy of 6 all material issued pursuant to subsection (D) or (c) of 7 this section. 8 (e) (1) An agency shall, in the case of rulemaking to 9 promulgate a major rule, provide an opportunity for oral 10 presentation of views and information at informal public 11 hearings. Transcripts shall be made of all such public 12 hearings. 13 (2) The agency shall permit cross-examination of 14 individuals who present testimony, documents, cr studies at 15 such hearings but only to the extent the agency determines 16 that other procedures would be inadequate for resolution by 17 the agency of significant issues of fact upon which the rule 18 is based. This paragraph shall not apply to any rulemaking 19 for which cross-examination is otherwise required by 20 statute. 21 (3) The agency shall regulate the course of informal 22 public hearings required by this subsection SO as to ensure 23 orderly and expeditious proceedings. The ecency may take 24 such actions as it considers necessary to achieve this 25 objective, including-- SLS652 13 1 : (A) limiting the time allowed for oral 2 presentations and cross-examination: 3 (B) establishing procedures designed to limit 4 cross-examination to the significant issues of fact 5 referred to in paragraph (2) of this subsection; and 6 (C) designating representatives to make oral 7 presentations or engage in cross-examination on behalf 8 of persons with a common interest in the rulemaking. 9 " (f) An agency may delay complying with any requirement 10 of this section with respect to a rule if -- 11 (A) the agency finds, for good cause, that 12 complying with such requirement before making the rule 13 effective would be impracticable, unnecessary, or 14 contrary to the public interest; and 15 (B) the agency publishes the rule in the Federal 15 Register with a statement of such finding and a succinct 17 explanation of the reasons therefor. 18 Unless such a rule will, by its terms, cease to be effective 19 within two years after its effective date, the agency shall 20 comply with the requirements of this section with respect to 21 the rule as soon as reasonably practicable after 22 promulgating the rule. 23 (g) The requirements of this section do not change the 24 standards applicable to agency action under any other 25 provision of law or relieve an agency cf procedural SLS652 14 1 requirements imposed by any other provision of law. 2 5623. Judicial review 3 (a) In any action for judicial review of a rule, any 4 material issued under section 622 of this title may, to the 5 extent relevant, be considered by the court in determining 6 the lawfulness of the rule, but the court shall not have any 7 authority to review agency compliance or noncompliance with 8 the requirements of this subchapter or subchapter III or IV, 9 or to compel any action by the agency promulgating the rule 10 or to hold unlawful, set aside, 05 remand the rule on the 11 ground that the agency has failed to comply with one or more 12 of such requirements. 13 (b) Any exercise of authority granted under section 14 621, 624, or 641 of this title, or any failure to exercise 15 such authority, by the President or by an officer to whom: 15 such authority has been delegated, shall not De subject to 17 judicial review in any manner. 18 "5624. Executive oversight 19 (a) The President shall establish guidelines and 20 procedures for agency implementation of the requirements of 21 this chapter. The President shall monitor and review agency 22 actions and materials for compliance with the provisions of 23 this chapter and shall comment upon the adequacy of such 24 compliance. 25 :. (b) Any guidelines and procedures established by the SLS652 15 1 President for agency implementation oi this chapter shall be 2 adopted after the public has been afforded notice and an 3 opportunity tc comment thereon, and shall De consistent with 4 the prompt completion of rulemaking proceedings. Such 5 guidelines and procedures may provide fcr review and 6 evaluation by the President of material the agency intends 7 that it will issue under sections 622(b) and 522(c) of this 8 title in order to comment upon whether such material 9 complies with the requirements of this chapter. The time 10 for any such review shall not exceed thirty days following 11 receipt of the material by the President, except that the 12 President may extend the time for such review for cne 13 additional period not in excess of thirty days. 14 : (c) Nothing in this section-- 15 (1) provides authority to the President, or limits 16 any authority that the President may possess under the 17 constitution or other provisions of law-- 18 (A) to prevent an agency from proceeding with 19 a rulemaking or issuing a proposed or final rule; or 20 (B) to require an agency to modify a proposed 21 or final rule cr comply with the guidelines or 22 procedures established pursuant to subsection (a) of 23 this section; 24 (2) changes the standards applicable to agency 25 action under any other provision of law or relieves an SLS652 16 1 agency of procedural requirements imposed by any other 2 provision of law; or 3 (3) relieves an agency of its responsibilities to 4 comply with the requirements of this chapter. 5. : (d)(1) The President may delegate the authority 6 granted by subsection (a) of this section, in whole or in 7 part, to the vice President or to an officer within the 8 Executive Office of the President whose appointment has been 9 subject to the advice and consent of the Senate. Notice of 12 any such delegation, or any revocation or modification 11 thereof, shall be published in the Federal Register. 12 (2) Any person to whom authority is delegated under 13 this subsection shall be subject to all of the provisions of 14 this section applicable to the exercise of such authority by 15 the President. 15 $625. Review by Comptroller General 17 (a) The Comptroller General of the United States may 13 review the compliance DV agencies with the provisions of 19 this chapter. 20 (b) Each agency shall make available to the 21 Comptroller General, in accordance with section 715 of title 22 31, United States Code, such information as the Comptroller 23 General may request in order to carry out subsection (a). 24 $625. Authority of agencies and the President 25 (a) Nothing in this chapter-- SLS652 17 1 (1) limits agency jurisdiction to prescribe a 2 rule, 3 (2) relieves an agency of statutory requirements 4 applicable to rulemaking, or 5 (3) displaces rulemaking authority vested by 5 statute in an agency. 7 (b) Nothing in this chapter limits the exercise by the 8 President of the authority and responsibility that he 9 otherwise possesses under the constitution and other laws of 10 the United States. 11 SUBCHAPTER III--ESTABLISHING AGENCY PRIORITIES AND 12 SCHEDULES FOR COMPLETING PROCEDURES 13 5631. Regulatory agenda 14 (a) Each agency shall publish a regulatory agenda in 15 the Federal Register in April and october of each year. Each 15 such agenda shall contain a list of all rules that the 17 agency expects to propose, promulgate, modify, repeal, or 18 otherwise consider in a rulemaking proceeding in the 19 succeeding twelve months. The agendas ci all agencies shall 22 be published in a single issue of the Federal Register in 21 accordance with guidelines issued by the Director of the 22 Office of Management and Budget to ensure a useful, uniform, 23 and consistent publication. 24 (b) with respect to each rule listed on a regulatory 25 agenda, the agenda shall include a description of the rule; SLS652 18 1 the objectives of and the legal basis for the rule; any 2 dates established or anticipated by the agency for taking 3 action, including dates for advance notices of proposed 4 rulemaking, notices of proposed rulemaking, and final agency 5 action; a statement of the sectors of the economy likely to 5 be affected by the rule; and the agency's assessment of 7 whether the rule is or is expected to be a major rule. If 8 consistent with any guidelines issued by the Office of 9 Management and Budget, an agency may consider a group of 10 closely related rules as one rule for the purpose of 11 providing the information required by this subsection. 12 (c) Each regulatory agenda shall include a list of 13 rules scheduled to be reviewed in accordance with section 14 641 of this title during the succeeding twelve months and 15 the status of all rules listed on the previous agenda for 15 which rulemaking proceedings have not been completed or 17 which have not been explicitly withdrawn from consideration 18 by the agency. 19 (d) Each requlatory agenda shall include the name, 20 address, and telephone number of an agency official 21 responsible for handling inquiries abcut each rule listed cn 22 the agenda. 23 (e) Failure of an agency to include a rule in a 24 regulatory agenda shall not preclude the agency from 25 proposing or issuing that rule. SLS652 19 1 ' SUBCHAPTER IV--AGENCY REVIEW OF RULES 2 $641. Review of rules 3 ''(a)(1) Not later than nine months after the effective 4 date of this section, each agency shall prepare and publish 5 in the Federal Register for comment a proposed schedule for 6 the review, in accordance with this section, of each rule of 7 the agency which is in effect on such effective date and 8 which, if adopted on such effective date, would be a major 9 rule under section 621 (2) (6) (A) of this title, and of such 10 other rules as the agency has selected for review. 11 " (2) At least ninety days before publishing in the 12 Federal Register the proposed schedule required by paragraph 13 (1), each agency shall make the proposed schedule available 14 to the President. The President may select for review under 15 this section any additional rule that the President 15 determines to be a major rule under section 621 (a) (6) (A) of 17 this title. The President may not delegate the authority 18 conferred by this paragraph. 19 : (3) Each rule referred to in personaphs (1) and (2) of 23 this subsection shall cease to be effective not more than 21 ten years after the date on which the final schedule is 22 published pursuant to paragraph (5) of this subsection. 23 ``(4) Each proposed schedule required by paragraph (1) 24 shall include a brief explanation of the reasons the agency 25 or the President, as the case may De, considers each rule on SIS652 20 9 the schedule to be a major rule or of the reasons why the 2 agency selected the rule for review, the date on which the 3 rule shall cease to be effective, and the date set by the 4 agency for the completion of the review of each such rule. 5 The agency shall set a date to initiate review of each rule 6 on the schedule in a manner which will ensure the 7 simultaneous review of related items and which will achieve 8 a reasonable distribution of reviews over the period of time 9 covered by the schedule. 10 (5) Not later than six months after publishing the 11 proposed schedule as required by paragraph (1) of this 12 subsection, each agency shall publish in the Federal 13 Register a final schedule for the review of the rules 14 referred to in paragraphs (1) and (2) of this subsection. 15 The final schedule shall include the date on which each such 16 rule shall cease to be effective. Each agency shall publish 1 17 with the final schedule the response of the agency to 18 comments received concerning the proposed schedule. 19 (6) Each agency shall include with the publication in 20 the Federal Register of a major rule a date for completion 21 of the review of the major rule. Each such major rule shall 22 cease to be effective not more than ten years after the date 23 of such publication. The agency shall include with such 24 publication the date on which the rule shall cease to be 25 effective. SLS652 21 1 (b) The agency shall, pursuant to subsections (c) 2 through (e) of this section, review each rule on the final 3 schedule. 4 (c) An agency shall publish notice in the Federal 5 Register of the initiation of the review of a rule under 6 this section. The notice shall include-- 7 (1) an identification of the legal authority under 8 which the rule was promulgated and a determination by 9 the agency of whether the rule presently fulfills the 10 objectives of that authority; 11 (2) a hrief summary of the benefits and costs of 12 the rule during the calendar year preceding the 13 publication of such notice, and of the benefits and 14 costs the agency projects for the rule if it remains in 15 effect; 16 (3) an analysis of whether the objectives of the 17 rule can be met through an alternative having lower 18 economic costs than the existing rule; 19 " (4) an analysis of whether greater benefits can be 20 achieved through an alternative having costs which are 21 comparable to those of the existing rule; 22 (5) a description of any problems enccuntered by 23 the agency in optaining compliance with the rule; 24 : (6) an analysis of the extent to which the rule 25 overlaps or duplicates other rules; and SLS652 22 1 " (7) a statement that tne agency seeks comments 2 from the public as to whether the rule should be 3 retained, amended, or repealed. 4 An agency may include a group of closely related rules in a 5 single notice under this subsection. 6 (d) After publishing the notice required by subsection 7 (c) of this section, the agency shall provide a period of 8 not less than sixty days during which the public may submit 9 comments in response to such notice. 10 (e) Within one hundred and eighty days after the close 11 of the comment period required by subsection (d) of this 12 section, the agency shall take one of the following two 13 actions: 14 (1) The agency shall publish a notice of proposed 15 rulemaking to reissue the rule or to amend the rule and 16 shall conduct a rulemaking proceeding with respect tc 17 the rule in accordance with the requirements of this 18 chapter, if applicable, and of section 553 of this title 19 or any other applicable law. Such requirements and other 20 applicable requirements of law, including those relating 21 to judicial review, shall apply to the same extent and 22 in the same manner as in the case of a proposed agency 23 action to issue or amend a rule which is not taken 24 pursuant to the review required by this section. 25 (2) The agency shall publish a notice of its SIS652 23 1 decision to allow the existing rule to expire, together 2 with a statement explaining the reasons for that 3 decision. 4 Any major rule which an agency determines to reissue or 5 amend pursuant to paragraph (1) of this subsection shall be 5 submitted to the congress in accordance with the provisions 7 of section 802 of this title in adequate time for review and 8 approval by the Congress, in accordance with chapter 8 of 9 this title, before the date on which the rule shall cease to 10 be effective. 11 (f) An agency may, with the concurrence of the 12 President, alter the timing of review of rules under this 13 section if an explanation of such alteration is published in 14 the Federal Register at the time such alteration is made. 15 The President may direct an agency to alter the timing of 15 the review of rules under this section, except that the 17 President may not increase the number of rules to be 18 reviewed by one agency in any calendar year 19 (d) The chapter heading of chapter 6 of title 5, United 20 States Code, is amended to read as follows: 21 CHAPTER 6 PLANNING AND MANAGEMENT OF AGENCY FUNCTIONS 22 (e) The chapter analysis of part I of title 5, United 23 States Code, is amended by inserting after the item relating 24 to chapter 5 the following new item: `6. Planning and Management of 601 SLS652 24 Agency Functions 1 Rulemaking procedures 2 Sec. 102. Section 553 of title 5, United States Code, is 3 amended to read as follows: 4 $553. Rulemaking 5 (a) This section applies according to the provisions 5 thereof, except to the extent that there is involved-- 7 (1) a military or foreign affairs function of the 8 United States; 9 (2) a matter relating to public property or 10 contracts or tc agency management cr personnel 11 practices; or 12 (3) any interpretative rule or general statement 13 of policy unless such rule or statement has general 14 applicability and substantially alters or creates rights 15 or obligations of persons outside the agency. 16 " (b) (1) Notice of proposed rulemaking shall be 17 published in the Federal Register, unless persons subject to 18 the proposed rule are named and either personally served or 19 otherwise have actual notice of the rulemaking in accordance 22 with law. Each notice of proposed rulemaking shall include-- 21 (A) a statement of the time during which public 22 comments will be received concerning the proposed rule, 23 and the time, place, and nature of any informal public 24 hearings to be held concerning the proposed rule; SLS652 25 1 " (3) a statement of the specific objectives to be 2 attained by the proposed rule; 3 " (C) a statement of the specific legal authority 4 under which the rule is proposed; 5 (D) either the terms or substance of the proposed 6 rule or a description of the subjects and issues 7 involved; 8 (E) a statement that the agency seeks proposals 9 from the public for alternative methods to accomplish 10 the objectives of the proposed rule that are more 11 effective or less burdensome than the methods used in 12 the proposed rule; and 13 (F) a statement of where the file of the 14 rulemaking proceeding required by subsection (f) of this 15 section may be inspected or copies of the file may be 16 obtained. 17 (2) Except when notice or hearing is required by 18 statute, this subsection and subsection (c) do not apply to 19 rules of agency organization, procedure, or practice, or a 20 rule to the extent the agency for good cause finds that 21 notice and puolic procedure with respect to the rule are 22 impracticable, unnecessary, 05 contrary to the public 23 interest and publishes, at the time of publication of the 24 final rule, such finding and a brief statement of the 25 reasons therefor. SLS652 26 1 (c) (1) An agency shall provide a public comment period 2 of at least sixty days after the issuance of a notice of 3 proposed rulemaking pursuant to subsection (b). During the 4 public comment period, the agency shall give interested 5 persons an opportunity to participate in the rulemaking 6 through submission of written data, views, 05 arguments with 7 or without opportunity for oral presentations. After the 8 consideration of the relevant matter presented, the agency 9 snall publish any rule adopted with a concise general 10 statement of the basis and purpose of the rule. The 11 statement shall include a response to the significant issues 12 raised by the comments concerning the proposed rule received 13 by the agency during the public comment period. when rules 14 are required by statute to be made on the record after an 15 opportunity for an agency hearing, sections 556 and 557 of 15 this title apply instead of this subsection. 17 (2) In promulgating a rule, unless otherwise permitted 18 by lew, an agency may not rely substantially on any report, 19 study, or other document containing significant factual 23 material of central relevance to the rulemaking that was not 21 placed in the rulemaking file at the time the notice of 22 proposed rulemaking was issued or, if publicly available, 23 identified in such notice, unless-- 24 (A) the public has had an adequate opportunity to 25 comment upon such report, study, or other document if it SLS652 27 1 was developed by or under contract with the agency; or 2 (B) such report, study, or other document, if not 3 developed by or under contract with the agency, was 4 placed in the rulemaking file required by subsection (f) 5 of this section promptly after-- 5 (1) its receipt by the agency, in the case of 7 material received by the agency in the course of the 8 rulemaking proceeding, or 9 (ii) its review by the agency, in the case of 12 material that was obtained by the agency outside the 11 course of the rulemaking proceeding. 12 For purposes of subparagraph (A) of this paragraph, an 13 agency shall be deemed to have afforded an adequate 14 opportunity to comment on any document received during or 15 after the initial comment period if it provides an 15 additional comment period of twenty-one days from the date 17 on which notice of such additional comment period is 18 published in the Federal Register. 19 (d) An agency issuing a final rule shall publish that 20 rule in the Federal Register, unless persons subject to the 21 rule are named and either personally served or otherwise 22 have actual notice of the rule in accordance with law. such 23 publication or service shall De made not less than thirty 24 days before the effective date of the final rule, except in 25 the case of a rule that grants or recocnizes an exemption or SLS652 28 1 relieves a restriction, or as otherwise provided by the 2 agency for good cause found and published with the rule. 3 (e) Each agency shall give an interested person the 4 right to petition for the issuance, amendment, or repeal of 5 a rule. 5 " (f)(1) Except as provided in paragraph (2) of this 7 subsection, each agency shall maintain a file of each 8 rulemaking proceeding conducted pursuant to this section, 9 beginning no later than the date on which the agency issues 10 the notice of proposed rulemaking for that proceeding 11 pursuant to subsection (b) or, if the agency is not required 12 to issue such a notice, no later than the date the agency 13 first issues or receives material required to be included in 14 the file. The file shall be made available to the public and 15 shall include-- 16 (A) the notice of proposed rulemaking and any 17 supplemental notice concerning the rulemaking; 18 (B) a copy of all written comments on the proposed 19 rule which were submitted to the agency after the 23 publication of the notice of proposed rulemaking; 21 (C) all material which the agency by statute 05 22 rule is required tc issue in connection with the 23 rulemaking 05 which the agency decides to make part of 24 the record; 25 (D) a copy of all written material pertaining to SLS652 29 1 the rule, including any drafts of the proposed or final 2 rule, submitted by the agency to the President or the 3 designee directed by the President to review proposed or 4 final rules for their regulatory impact; and 5 (E) a written explanation of the specific reasons 5 for any significant changes made by the agency in the 7 drafts of the proposed or final rule which respond to 8 any comment received by the agency on the draft 9 proposed, proposed draft final, or final rule, made by 10 tne President or the designee directed by the President 11 to review proposed or final rules for their regulatory 12 impact. 13 (2) The file required by paragraph (1) of this 14 subsection need not include any material described in 15 section 552(b) of this title. If the agency is permitted by 16 law to rely on, and does rely on, such material in 17 promulgating a rule, the agency shall include in such file a 18 statement noting the existence of any such material and the 19 statutory basis upon which the material is exempt from 20 public disclosure. Notwithstanding the preceding sentence, 21 the file shall include all material described in 22 subparagraph (D) or (E) of paragraph (1). 23 (3) NO court shall hola unlawful or set aside an 24 agency rule because of a violation of subparagraph (D) or 25 (E) of paragraph (1) of this subsection unless the court SLS652 30 1 finds that such violation has precluded fair public 2 consideration of a material issue of the rulemaking taken as 3 a whole. Judicial review of compliance or noncompliance 4 with subparagraphs (D) and (E) of paragraph (1) of this 5 subsection shall be limited to review of action or inaction 6 on the part of an agency 7 Judicial review 3 Sec. 103. Section 705 of title 5, United States code, is 9 amended to read as follows: 10 15706. Scope of review 11 (a) TO the extent necessary to decision and when 12 presented, the reviewing court shall independently decide 13 all relevant questions of law, interpret constitutional and 14 statutory provisions, and determine the meaning or 15 applicability of the terms of an agency action. The 16 reviewing court shall-- 17 " (1) compel agency action unlawfully withheld or 18 unreasonably delayed; and 19 (2) hold unlawful and set aside agency action, 20 findings, and conclusions found to be-- 21 ``(A) arbitrary, capricious, an abuse of 22 discretion, or otherwise not in accordance with law; 23 '`(B) contrary to constitutional right, power, 24 privilege, or immunity; 25 : (C) in excess of statutory jurisdiction, SLS652 32 1 of this section, the court shall determine whether the 2 agency 's action is within the scope of the agency's 3 jurisdiction on the basis of the language of the statute or, 4 in the event of ambiguity, other indicia of ascertainable 5 legislative intent. 5 (d) In determining whether agency action in adopting a 7 cule, other than a rule to which subsection (a) (2) (E) of 8 this section applies, is arbitrary, capricious, an abuse of 9 discretion, or otherwise not in accordance with law, the 10 court shall consider whether there is substantial support in 11 the rulemaking file, viewed as a whole, for determinations 12 of fact on which the agency was required to rely in adopting 13 the rule or which the agency asserted as the basis for the 14 rule. 15 Appeals of agency orders 16 Sec. 104. (a) Section 2112(a) of title 28, United States 17 Code, is amended by striking out the last three sentences 18 and inserting in lieu thereof the following: "If 19 proceedings are instituted in two or more courts of appeals 20 with respect to the same order, the court in which the 21 agency, board, commission, or officer concerned is to file 22 the record shall be determined as follows: 23 ''(1) If within ten days after issuance of the order 24 the agency, beard, commission, or officer receives 25 written notice, in a manner that the agency shall SLS652 33 1 prescribe by rule, that proceedings have been instituted 2 in two or more courts of appeals, the agency, board, 3 commission, or officer shall, promptly after the 4 expiration of that ten-day period, so inform the 5 Administrative Office of the United States Courts and 5 shall identify each such court in which such proceedings 7 are pending. AS soon as is practicable after receiving 8 such notice, the Administrative Office of the United 9 States Courts shall designate one court, according to a 10 system of rancom selection, from among those identified 11 by the agency, board, commission, cr officer, and the 12 record shall De filed in the court so cesignated. 13 (2) If within ten days after issuance of the order 14 the agency, board, commission, or officer has received 15 written notice, as provided in the rules prescribed 16 pursuant to paragraph (1) of this subsection, that 17 proceedings have Deen instituted in only one court of 18 appeals, the record shall be filed in that court 19 notwithstanding the institution of any proceedings in 20 any other court of which such written notice was not 21 received Dy the agency, board, commission, 05 officer 22 within that ten-day period. 23 (3) In all other cases, the record shall be filed 24 in the court in which proceedings with respect to the 25 order were first instituted. SLS652 34 1 All courts in which proceedings have been instituted with 2 respect to the same order, other than the court in which the 3 record is filed pursuant to this subsection, shall transfer 4 those proceedings to the court in which the record is so 5 filed. For the convenience of the parties in the interest of 6 justice, the court in which the record is filed may 7 thereafter transfer all the proceedings with respect to that 3 order to any other court of appeals. Until the record 9 concerning an order is filed in a court pursuant tc this 10 subsection, any court of appeals in which proceedings with 11 respect to that order have been instituted within ten days 12 after the issuance of such order may, to the extent 13 authorized by law, postpone the effective date of the order 14 as necessary to permit the designation of a court pursuant 15 to paragraph (1) of this subsection. Such action by the 15 court may thereafter be modified, revcked, or extended by 17 the court in which the record is filed 05 by any other court 18 of appeals to which the proceedings are transferred 19 (o) Section 504 (a) of title 28, United States Code, is 20 amended by redesignating paragraph (17) as paragraph (18) 21 and by inserting immediately after paragraph (15) the 22 following new paragraph: 23 (17) where proceedings with respect to an order of 24 any agency, board, commission, or officer have been 25 instituted in two or more courts of appeals and the SLS652 35 1 agency, board, commission, or officer, pursuant to 2 section 2112 (a) (1) of this title, has been notified of 3 such proceedings within ten days after issuance of the 4 order, administer a system of random selection to 5 determine the appropriate court in which the record is 6 to be filed; 7 Participation expenses 8 sec. 105. (a) Subchapter I of chapter 5 of title 5, 9 United States Code, is amended by adding at the end thereof 10 the following new section: 11 $505. Participation expenses 12 (a) No agency may, except as provided in section 504 13 of this title or unless specifically authorized by any other 14 statute, provide financial assistance to pay the expenses of 15 persons participating or intervening in an agency 16 proceeding. 17 (b) For the purposes of this section-- 13 (1) 'agency' means an agency as defined in section 19 551(1) of this title; and 20 (2) 'agency proceeding' means any agency 21 proceedings as defined in section 551 (12) of this 22 title 23 (b) The section analysis of chapter 5 of title 5, United 24 States Code, is amended DV inserting after the item relating 25 to section 504 the following new item: SLS652 35 505. Participation expenses 1 Technical and conforming amendments 2 Sec. 106. (a) Section 551(4) of title 5. United States 3 Code, is amended by striking out 'services or allowances 4 therefor or of valuations, costs, or accounting, or 5 practices bearing on any of the foregoing' and inserting in 5 lieu thereof ''services, or allowances therefor or of 7 valuations, costs or accounting, or practices relating to 8 such rates, wages, structures or reorganizations, prices, 9 facilities, appliances, services, or allowances 10 (b) Section 551(5) of such title is amended by striking 11 out rule making and inserting in lieu thereof 12 rulemaking 13 (c) Section 556(d) of such title is amended in the last 14 sentence by striking out "rule making and inserting in 15 lieu thereof 'rulemaking 16 (d) section 557(D) of such title is amended by striking 17 out cule making and inserting in lieu thereof 18 rulemaking 10 (e) The item relating to section 553 of title 5, United 20 States Code, in the section analysis of chapter 5 of such 21 title is amended by striking out Rule making and 22 inserting in lieu thereof 'Rulemaking 23 TITLE II--CONGRESSIONAL REVIEW OF AGENCY RULES 24 Sec. 201. (a) Part I of title 5 of the United States SLS652 37 1 Code is amended by inserting after chapter 7 the following 2 new chapter: 3 CHAPTER 8 --CONGRESSIONAL REVIEW OF AGENCY RULEMAKING Sec. 801. Definitions. 802. congressional review of agency rules. 803. Procedure for committee consideration of resolutions. 804. Procedure for floor consideration of resolutions. 805. Computation of calendar days of continuous session. 806. Pulemaking power of congress. 807. Effect on judicial review. 4 $801. Definitions 5 (a) For purposes of this chapter-- 6 : (1) the term 'agency' means an. agency as defined 7 in section 551(1) of this title; 8 (2) the term "rule" means a rule as defined in 9 section 621(5) of this title which is subject to section 12 553 of this title; 11 (3) the term 'major rule' means a major rule 12 within the meaning of section 621 of this title; 13 '`(4) the term 'emergency rule' means a rule which 14 an agency may make effective, for a period of not more 15 than 210 days, notwithstanding any requirement for 16 public notice and comment and is promulgated pursuant to 17 a finding by the agency that delay in the effective date 18 would-- 19 (A) sericusly injure an important public 20 interest, SLS652 38 1 : (B) substantially frustrate legislative 2 policies, or 3 (C) seriously harm a person or class of 4 persons without serving any important public 5 interest; 5 (5) the term 'promulgate' or 'promulgation' means 7 to file or the filing of a final rule with the Office of 8 the Federal Register for publication; 9 " (6) the term 'appropriate committee' means-- -- 10 (A) the one committee of each House cf 11 congress which has primary legislative jurisdiction 12 over the statute under which a rule is promulgated 13 or over the agency which has promulgated a rule, or 14 (B) if the presiding officer of the Senate or 15 the House of Representatives determines that there 16 is more than one standing committee of primary 17 jurisdiction described in subparagraph (A), a 18 special ad hoc committee, appointed by such 19 presiding officer, with the approval of the Senate 20 or the House, as the case may be, from the 21 membership of such committees of primary 22 jurisdiction; 23 '`(7) the term 'appropriate resolution' means-- 24 '`(A) in the case of a major rule, a jcint 25 resolution approving the rule, the matter after the SIS652 39 1 resolving clause of which is as follows: "That the 2 Congress approves the rule entitled , 3 transmitted to the Congress by on 4 , 19 , and which shall cease to be 5 effective on , 19 . with the 6 appropriate title of the rule, agency, date of 7 transmittal, and date of termination inserted in the 8 blanks, respectively; and 9 (B) in the case of any other rule subject to 10 section 802 of this title, a joint resolution 11 disapproving the rule, the matter after the 12 resolving clause of which is as follows: "That the 13 Congress disapproves the rule entitled 74 , transmitted to the Congress by 15 , on , 19 . , with 15 the appropriate title of the rule, agency, and date 17 inserted in the blanks, respectively; and 18 " (8) the term 'transmitted tc the Congress', with 19 respect to a rule, means transmitted to the congress 23 pursuant to section 802(a)(1) of this title. 21 $822. Congressional review of agency rules 22 ''(a)(1) on the first day on which both Houses of 23 Congress are in session after the promulgation of a rule, 24 the agency shall transmit a copy of the rule to the 25 Secretary of the Senate and the Clerk of the House of SLS652 40 1 Representatives. such rule shall be considered only as 21 2 recommendation of the agency to the congrèss and shall have 3 no force and effect as a rule unless the rule has become 4 effective in accordance with this section. 5 (2) A major rule may not take effect unless an 6 appropriate resolution is enacted within 9? days after the 7 date on which the major rule is transmitted to the Congress. 8 (3)(A) Subject to subparagraph (B), a rule other than 9 a major rule may not take effect if within 93 days after the 10 rule is transmitted to the Congress an appropriate 11 resolution is enacted with respect to the rule. : 12 (B) A rule other than a major rule may take effect-- 13 " (i) at the end of the period of 60 days after the 14 date the rule is transmitted to the Congress if neither 15 House of Congress has completed action on an appropriate 15 resolution with respect to the rule; 17 (ii) upon the rejection by cne House of an 18 appropriate resolution with respect to the rule; or 19 (iii) on such later date as the rule may specify. 20 (D) (1) An agency may not promulgate a new rule 21 substantially the same as-- 22 (A) a major rule for which an appropriate 23 resolution has not been enacted; or 24 (B) any other rule subject to this section for 25 which an appropriate resolution has been enacted. SLS652 41 1 " (2) If a rule of an agency does not become effective 2 under subsection (a) and the agency, subject to paragraph 3 (1), promulgates a rule which relates to the same subject 4 matter as the disapproved rule, such rule may De based in 5 whole or in part on the rulemaking record of the first rule. 5 The new rule shall be subject to subsection (a). 7 : (c) If a rule which was promulgated subject to a 8 statutory time limit for rulemaking does not become 9 effective under subsection (a), the statutory time limit 10 shall apply also to the rulemaking begun as a result of the 11 disapproval of the rule but shall begin on the date on which 12 the rule was precluded from becoming effective under 13 subsection (a). 14 " (d) (1) on the same day on which an agency transmits a 15 rule to the Congress pursuant to this section, that agency 15 shall transmit a copy of the rule to the Comptroller General 17 of the United Staes. 18 ''(2) In order to assist the Congress in the exercise of 19 its functions under this chapter, the Comptroller General 20 may, on his own initiative, or shall, upon the request of an 21 appropriate committee, inform such committee as promptly as 22 practicable as to whether the Comptroller General considers 23 the rule to be consistent with the statutory authority under 24 which the rule was promulgated. 25 : (e) The provisions of paragraphs (2), (3), and (4) of SLS652 42 1 subsection ( ≥ ) shall not apply with respect to an emergency 2 rule if the agency submits to the appropriate committees a 3 written notice of its determination that the rule is an 4 emergency rule and of the period of time during which the 5 rule will De effective, and of its intention to issue a 6 final rule to take effect when the emergency rule expires, 7 if the agency determines such a final rule is necessary. Any 8 such final rule shall be subject to all the provisions of 9 subsection (a). 10 ""$803. Procedure for committee consideration of resolutions 11 " (a) (1) with respect to a major rule, the chairman of 12 the appropriate committee to which it has been referred, or 13 a Member designated by the chairman, shall introduce an 94 appropriate resolution (by request) no later than the first 15 day of the session following the day on which the rule is 16 transmitted to the congress, and the resolution shall be 17 referred to the appropriate committee. 18 (2) The appropriate committee to which an appropriate 13 resolution with respect to a major rule is referred shall 23 undertake a review of the rule and report the resolution, 21 together with its recommendations, to the House involved not 22 later than 45 days aiter the date on which the rule is 23 transmitted to the Congress. 24 (3) If the appropriate committee to which an 25 appropriate resolution with respect to a major rule is SLS652 43 1 referred pursuant to paragraph (1) has not reported the 2 resolution at the end of 45 days after the rule is 3 transmitted to the congress, the committee shall be deemed 4 to be discharged from further consideration of the 5 resolution, and the resolution shall be placed on the 5 appropriate calendar of the House involved. 7 (b) (1) An appropriate resolution with respect to any 8 rule other than a major rule shall be referred to the 9 appropriate committee. 10 (2) It shall be in order to present to the Secretary 11 of the senate or the Clerk of the House in writing a motion 12 for consideration cf an appropriate resolution with respect 13 to a rule other than a major rule at any time after the 14 introduction of the resolution but not later than 25 days 15 after the rule is transmitted to the congress. 15 (3) If a motion for consideration described in 17 paragraph (2) is signed by 25 Members of the Senate or 109 18 Members of the House, as the case may DE, not later than 39 19 days after the rule involved is transmitted to the Congress, 22 the motion shall be entered on the Journal, printed with the 21 signatures thereto in the Congressional Record, and the 22 Secretary of the Senate or the Clerk of the House shall 23 notify the appropriate committee of the motion. The 24 appropriate committee shall then undertake a review of the 25 rule and report the appropriate resolution to which the SLS652 44 1 motion relates, together with its recommendations, not later 2 than 45 days after the rule is transmitted to the Congress. 3 (4) If the appropriate committee has not reported the 4 appropriate resolution at the end of that period of 45 days, 5 pursuant to paragraph (3), then the committee shall be 5 deemed to be dischaged from further consideration of the 7 resolution and the resolution shall be placed on the 8 appropriate calendar of the House invovled. 9 (5) An appropriate committee may review any rule 10 referred to it and may report any appropriate resolution 11 referred to it not later than 45 days after the rule which 12 is the subject of the resolution is transmitted to the 13 Congress, and the resolution shall be referred to the 14 appropriate calendar of the House involved. 15 (c) Whenever a committee reports an appropriate 16 resolution pursuant to this chapter, the resolution shall be 17 accompanied by a committee report which shall include the 18 text of the rule, together with the agency's explanation of 19 the rule and the committee's reasons for recommending the 20 adoption 05 rejection of the resolution. 21 5804. Procedure for floor consideration of resolutions 22 (a) (1) when a committee of the Senate has reported or 23 has been discharged frcm the further consideration of an 24 appropriate resolution, it shall De in order at any time 25 thereafter (even though a previous motion to the same effect SLS652 45 1 has been disagreed to) to move to proceed to the 2 consideration of the resolution. 3 (2) when a committee of the House has reported or has 4 been discharged from the further consideration of an 5 appropriate resolution, the appropriate calendar on which 5 the resolution is placed shall be the Regulatory Review 7 Calendar in accordance with clause 1 of rule XIII of the 8 Rules of the House of Representatives. 9 (b) (1) Any motion in the Senate to proceed tc the 10 consideration of an appropriate resolution is privileged and 11 is not debatable. The motion shall not be subject to any 12 intervening motion except a motion to lay on the table. An 13 amendment to the motion is not in order, and it is not in 14 order to reconsider the vote by which the motion is agreed 15 to or disagreed to. 16 (2) Any moticn in the House of Representatives to 17 proceed to the consideration of an appropriate resolution is 18 privileged but may only be made on days designated in clause 19 9 of cule XXIV of the Rules of the House and in accordance 20 with procedures prescribed by that clause. 21 (c) Debate on an appropriate resolution with respect 22 to a major rule shall be limited to not more than two hours, 23 and with respect to any rule other than a major rule shall 24 be limited to not more than one hour, to be equally divided 25 between the proponents and opponents cf the resolution. A SLS652 46 1 motion to further limit debate is not debatable. An 2 amendment to or a motion to recommit the resolution is not 3 in order and it is not in order to move to reconsider the 4 vote by which the resolution is agreed to or disagreed to. 5 '`(d)(1) If, before the passage DV one House of an 6 appropriate resolution of that House with respect to a rule, 7 that House receives an appropriate resolution with respect 8 to the same rule from the other House, then 9 (A) at the end of the period of 75 days after the 10 rule was transmitted to the congress pursuant to section 11 802(a) of this title-- 12 (1) if the appropriate resolution from the 13 other House has been referred to the appropriate 14 committee and that commitee has not reported or been 15 discharged from further consideration of that 16 resolution or another appropriate rssolution with 17 respect to the same rule, that committee shall be 18 deemed to discharged from further consideration of 19 the resolution of the other House and the resolution 23 shall be placed on the appropriate calender of the 21 House involved; or 22 (ii) if the appropriate resolution from the 23 other House has not been referred to the appropriate 24 committee, the resolution shall De placed on the 25 appropriate calendar of the House involved; and SLS652 47 1 " (B) the vote on final passage shall be on the 2 appropriate resolution from the other House. 3 " (2) Except as provided in paragraph (1), it shall not 4 be in order to consider more than one appropriate resolution 5 with respect to the same rule in the same Congress, except 6 that this paragraph shall not prohibit the consideration in 7 one House of an appropriate resolution from the other House 8 if the House receiving it has already passed an appropriate 9 resolution introduced in that House with respect to the same 10 rule. 11 $805. Computation of calendar days of continuous session 12 : (a) For purposes of this chapter-- 13 " (1) 'days' means only days of continuous session 14 of Congress; 15 (2) the days on which either House of Congress is 16 not in session because of an adjournment of more than 17 three days are excluded in the computation of days of 18 continuous session; and 19 (3) the days occurring during the period beginning 29 on the date on which an appropriate resolution is 21 adopted by the Congress and ending either on the date on 22 which the resolution is approved by the President, or, 23 if the resolution is disapproved by the President, on 24 the date on which the resolution is returned tc the 25 congress with the President's disapproval, are excluded SIS652 48 1 in the computation of days of continuous session. 2 (b) If an adjournment sine die of a congress occurs 3 after an agency has submitted a rule under section 8⑈2 of 4 this title and before the expiration of the applicable 5 period specified in such section, the agency shall-- 6 ''(1) resubmit the rule to the Congress; or 7 (2) initiate rulemaking proceedings to amend or 8 repeal such rule. 9 II the rule is resupmitted or an amended rule is submitted 10 to the Congress, the periods specified in section 802 of 11 this title shall begin on the date of such resubmission 05 12 submission. 13 5805. Rulemaking power of Congress 14 The provisions of sections 803 and 834 of this title 15 are enacted by the congress-- 16 " (1) as an exercise of the rulemaking power of the 17 Senate and the House of Representatives, respectively, 18 and as such they are deemed a part of the rules of each 19 House, respectively, but applicable only with respect to 20 the procedure to De followed in that House in the case 21 of resolutions described in section 802 of this title, 22 and such provisions supersede other rules only to the 23 extent that they are inconsistent with such other rules; 24 and 25 " (2) with full recognition of the constitutional SLS652 49 1 right of either House of the congress to change the 2 rules (so far as relating to the procedure of that 3 House) at any time, in the same manner and to the same 4 extent as in the case of any other rule of that House. 5 5807. Effect on judicial review 6 congressional inaction on or rejection of an 7 appropriate resolution disapproving a rule shall not be 8 deemed an expression of approval of that rule. 9 (D) The table of chapters for part I of title 5 is 10 amended by inserting immediately after the item relating tc 11 chapter 7 the following: "'8. Congressional Review of Agency Rulemaking 891 12 (c) The provisions of chapter 8 of title 5, United 13 states Code, shall supersede any other provision of law 14 governing procedures for congressional review of agency 15 rules to the extent such other provisions are inconsistent 15 with such chapter. 17 TITLE III--REGULATORY OVERSIGHT AND CONTROL AMENDMENTS TO 18 HOUSE RULES 19 House Regulatory Review Calender 20 sec. 301. (a) Rule XIII of the Rules of the House of 21 Representatives is amended- 22 (1) in clause 1 by striking out three and 23 inserting in lieu thereof ""four", and SLS552 50 1 (2) by adding at the end thereof the following: 2 Fourth. A Regulatory Review Calendar, to which shall be 3 referred all resolutions in accordance with the provisions 4 of chapter 8 of title 5, United States Code 5 (b) Rule XXIV of the Rules of the House of 6 Representatives is amended by adding at the end thereof the 7 following new clause: 8 ''9. (a) on the first and third Monday and the second 9 and fourth Tuesday of each month, immediately following the 13 approval of the Journal, the Speaker shall direct the Clerk 11 to call the resolutions on the Regulatory Review Calendar, 12 and priority consideration shall be given to resolutions 13 respecting any rule for which the review period in the House 14 under section 802 (a) of title 5, United States Code, will 15 expire before the next calling of resolutions on the 15 Calendar under this paragraph. It shall be in order on any 17 such day to consider a motion to dispense with the further 18 reading of the Calendar, and such motion shall not be 19 subject to debate. 20 (D) Upon the calling of a resolution on the Regulatory 21 Review Calendar under paragraph (2), it shall be in order to 22 move to proceed to the immediate consideration of the 23 resolution. The motion is privileged and is not debatable, 24 except in the case of a resolution discharged from a 25 committee pursuant to a motion for consideration under SLS652 51 1 section 833 of title 5, United States Code, in which case 2 the motion shall De debatable for twenty minutes, equally 3 divided between proponents and opponents of the motion. The 4 motion shall not De subject to an intervening motion, except 5 a motion to lay on the table and a motion to postpone to a 6 day certain. An amendment to the moticn is not in order and 7 it is not in order to move to reconsider the vote by which R the motion is agreed to or disagreed to. 9 (c) Debate on a resolution with respect to a major 10 rule shall be limited to not more than two hours, and on a 11 resolution with respect to any other rule shall be limited 12 to not more than one hour, to be equally divided between 13 proponents and opponents of the resolution. The resolution 14 snall not De subject to amendment or a motion to recommit, 15 and it shall not be in order to move to reconsider the vote 16 by which the resolution is agreed to or disagreed to 17 Regulatory Limitation Amendments to House Appropriation 18 Bills 19 Sec. 302. Rule XXI of the Rules of the House of 23 Representatives is amended in clause 2 by adding at the end 21 thereof the following new paragraph: 22 (e) Notwithstanding paragraphs (c) and (d) of this 23 clause, it shall be in order during the reading of a general 24 appropriation bill for amendment to consider any germane 25 amendment proposing a limitation restricting the SLS652 52 1 implementation of any agency rule subject to chapter R of 2 title 5, United States code (other than a major rule), for 3 which an appropriate resolution has not been considered by 11 the House, or has been passed by the House but has not been 5 enacted, within the period of time specified in section 5 802 (a) of that title. 7 House committee oversight Improvements 8 Sec. 303. (a) Clause 2(c) of Rule X of the Rules of the 9 House of Representatives is amended to read as follows: 13 (c)(1) Not later than March 1 in the first session of 11 a Congress, each standing committee of the House shall, in a 12 meeting which is open to the public and with a majority of 13 members present, consider and adopt its oversight plans for 14 that congress. 15 (2) In developing such oversight plans, each committee 16 shall, to the maximum extent feasible-- 17 (A) consult with other committees of the House and 18 the Senate which have jurisdiction over the same or 10 related laws, programs, agencies, or regulatory 23 activities within its jurisdiction with the objective of 21 assuring that such laws, programs, agencies, and 22 regulatory activities are reviewed in the same Congress 23 and that there is maximum coordination and cooperation 24 between such committees in the conduct of such review; 25 and such plans shall include an explanation of what SLS652 53 1 steos have been or will be taken to assure such 2 coordination and cooperation; 3 (B) give priority consideration to including in 4 its oversight plans the review of those laws, programs, 5 agencies, or regulatory activities operating under 5 permanent budget authority or permanent statutory 7 authority; and 8 (C) have a view toward ensuring that all 9 significant laws, programs, agencies, and regulatory 10 activities within its jurisdiction are subject to review 11 at least once every ten years, with special attention to 12 those major agency rules subject to review and 13 termination during that congress. 14 (3) Immediately upon the adoption of its oversight 15 plans, each committee shall submit these plans to the 16 Committee on Government operations. 17 (4) Not later than March 15 in the first session of a 18 congress, after consultation with the Speaker, the majority 19 leader, and the minority leader, the Committee on Government 20 Operations shall report to the House the oversight plans 21 submitted by each committee pursuant to this paragraph, 22 together with any recommendation which the Committee on 23 Government operations may make, or the Speaker, majority 24 leader, and minority leader may jointly make, to assure the 25 most effective coordination of such plans and otherwise SLS652 54 9 achieve the objectives of this clause 2 (b) Clause 2 of Rule X of the Rules of the House of 3 Representatives is amended by adding at the end thereof the 4 following new paragraph: 5 (e) The Speaker, with the approval of the House, may 6 appoint special ad hoc oversight committees for the purpose 7 of reviewing a specific matter within the jurisdiction of 8 two 05 more standing committees of the House, such ad hoc 9 committees to De appointed from the membership of such 10 standing committees. 11 (C) clause 1(a) of Rule XI of the Rules of the House of 12 Representatives is amended to read as follows: 13 (d) (1) Each committee shall submit to the House of 14 Representatives , not later than January 2 of each odd- 15 numbered year, a report on the activities of that committee 16 under this rule and Rule X during the congress ending at 17 noon on January 3 of such year. 18 (2) Such report shall include separate sections 19 summarizing the legislative and oversight activities of that 20 committee during that congress. 21 (3) The oversight section of such report shall include 22 a summary of the oversight plans submitted by that committee 23 pursuant to clause 2(c) of Rule X, a summary of the actions 24 taken and recommendaticns made with respect to such plans, 25 and = summary of any additional oversight activities SLS652 55 2 1 1 undertaken by that committee, and any recommendations made 2 or actions taken thereon 3 (d) Clause 5 (a) of Rule XI of the Rules of the House of 4 Representatives is amended-- 5 (1) by striking out (1) , and (2) and inserting in lieu thereof (A) " 6 and (B) , , 7 respectively; 8 (2) by inserting ""(1)" after (a) ; and 9 (3) by adding at the end thereof the following: 10 : (2) It shall not be in order in the House to consider 11 a primary expense resolution for any committee which has not 12 submitted its oversight plans to the Committee on Government 13 Operations pursuant to clause 2 (c) of Rule x.'.