[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2670 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2670

  To amend chapter 8 of title 5, United States Code, to require major 
 rules of agencies to be approved by Congress in order to take effect, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2000

  Mr. Thomas introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend chapter 8 of title 5, United States Code, to require major 
 rules of agencies to be approved by Congress in order to take effect, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Regulatory Review 
Reform Act of 2000''.

SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    Chapter 8 of title 5, United States Code, is amended to read as 
follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Definitions.
``802. Congressional approval of major rules.
``803. Congressional review.
``804. Approval procedure.
``805. Presidential interim approval.
``806. Prohibition on another rule in substantially same form.
``807. Judicial review.
``Sec. 801. Definitions
    ``In this chapter:
            ``(1) The term `agency' has the meaning given that term 
        under section 551(1).
            ``(2) The term `major rule' --
                    ``(A) means any rule that the Administrator of the 
                Office of Information and Regulatory Affairs of the 
                Office of Management and Budget, after consultation 
                with the Comptroller General, finds has resulted in or 
                is likely to result in--
                            ``(i) an annual effect on the economy of 
                        $100,000,000 or more;
                            ``(ii) a major increase in costs or prices 
                        for consumers, individual industries, Federal, 
                        State, or local government agencies, or 
                        geographic regions; or
                            ``(iii) significant adverse effects on 
                        competition, employment, investment, 
                        productivity, innovation, or on the ability of 
                        United States-based enterprises to compete with 
                        foreign-based enterprises in domestic and 
                        export markets; and
                    ``(B) does not include any rule promulgated under 
                the Telecommunications Act of 1996 and the amendments 
                made by that Act.
            ``(3) The term `rule' has the meaning given that term under 
        section 551, except that such term does not include--
                    ``(A) any rule of particular applicability, 
                including a rule that approves or prescribes for the 
                future rates, wages, prices, services, or allowances 
                therefor, corporate or financial structures, 
                reorganizations, mergers, or acquisitions thereof, or 
                accounting practices or disclosures bearing on any of 
                the foregoing;
                    ``(B) any rule relating to agency management or 
                personnel; or
                    ``(C) any rule of agency organization, procedure, 
                or practice that does not substantially affect the 
                rights or obligations of non-agency parties.
``Sec. 802. Congressional approval of major rules
    ``Subject to section 805, before a major rule can take effect, such 
rule shall be--
            ``(1) submitted to Congress as required under section 803; 
        and
            ``(2) approved by a joint resolution described under 
        section 804.
``Sec. 803. Congressional review
    ``(a)(1) Any agency promulgating a major rule shall submit to each 
House of Congress and to the Comptroller General a report containing--
            ``(A) a copy of the major rule;
            ``(B) a concise general statement relating to the major 
        rule; and
            ``(C) the proposed effective date of the major rule.
    ``(2) On the date of the submission of the report under paragraph 
(1), the agency promulgating the major rule shall submit to the 
Comptroller General and make available to each House of Congress--
            ``(A) a complete copy of the cost-benefit analysis of the 
        major rule, if any;
            ``(B) the agency's actions relevant to sections 603, 604, 
        605, 607, and 609;
            ``(C) the agency's actions relevant to sections 202, 203, 
        204, and 205 of the Unfunded Mandates Reform Act of 1995; and
            ``(D) any other relevant information or requirements under 
        any other Act or any relevant Executive order.
    ``(3) Upon receipt of a report submitted under paragraph (1), each 
House shall provide copies of the report to the chairman and ranking 
member of each standing committee with jurisdiction under the rules of 
the Senate or the House of Representatives to report a bill to amend 
the provision of law under which the major rule is issued.
``Sec. 804. Approval procedure
    ``(a)(1) In this section, the term `joint resolution' means only a 
joint resolution that--
            ``(A) is introduced on the date described under paragraph 
        (2), the matter after the resolving clause of which is as 
        follows: `The Congress approves the rule relating to 
        ______________ submitted by the ______________, and such rule 
        shall take effect.'; and
            ``(B) applies to the rule in the form submitted to 
        Congress, without amendment of the rule by Congress.
    ``(2) On the first day that both Houses of Congress are in session 
following the date that a major rule is submitted to Congress under 
section 803(a)--
            ``(A) the Majority Leader of the Senate and the Minority 
        Leader of the Senate shall introduce a joint resolution of 
        approval as described under paragraph (1) relating to that 
        major rule; and
            ``(B) the Majority Leader of the House of Representatives 
        and the Minority Leader of the House of Representatives shall 
        introduce a joint resolution of approval as described under 
        paragraph (1) relating to that major rule.
    ``(b)(1) On the date that a joint resolution is introduced under 
subsection (a), the joint resolution shall be referred to 1 committee 
of jurisdiction. The committee may not amend the joint resolution. If 
the joint resolution is not reported by the committee not later than 20 
calendar days after referral to the committee, the joint resolution 
shall be discharged from the committee and placed on the calendar of 
the appropriate House of Congress.
    ``(2) Subject to subsection (c), 10 calendar days after the joint 
resolution is placed on the calendar under paragraph (1)--
            ``(A) the joint resolution shall be deemed passed by each 
        House of Congress; and
            ``(B)(i) if the joint resolution was introduced in the 
        House of Representatives, the Clerk of the House of 
        Representatives shall enroll the joint resolution for 
        presentation to the President; and
            ``(ii) if the joint resolution was introduced in the 
        Senate, the Secretary of the Senate shall take no further 
        action.
    ``(c)(1) If during the 30-calendar day period beginning on the date 
of introduction of a joint resolution under subsection (a), a petition 
is signed and filed by 20 percent or more of the Members of either 
House of Congress objecting to the approval of a major rule, subsection 
(b)(2) shall not apply to a joint resolution introduced in either House 
of Congress relating to the major rule which is the subject of the 
petition.
    ``(2) A petition under this subsection may be filed with the 
Secretary of the Senate or the Clerk of the House of Representatives, 
as appropriate, and both such officers shall accept such a filing on 
any day on which the Senate or the House of Representatives is not in 
session.
    ``(3) The Secretary of the Senate or the Clerk of the House of 
Representatives shall submit a copy of any petition and a copy of the 
relevant joint resolution to the Comptroller General on the date on 
which a petition is filed.
    ``(d) Not later than 45 days after the date on which a petition is 
filed under subsection (c), the Comptroller General shall submit a 
report to the Secretary of the Senate and the Clerk of the House of 
Representatives on the applicable major rule. The report shall include 
a regulatory analysis of the major rule and an assessment of the 
compliance of the agency proposing the rule with section 803. Upon 
submission of the report, the report and the joint resolution of 
approval shall be published in the Federal Register.
    ``(e)(1) On or after the date on which the Comptroller General 
submits a report under subsection (d), it is at any time in order (even 
though a previous motion to the same effect has been disagreed to) for 
any Member of the respective House to move to proceed to the 
consideration of the joint resolution, and all points of order against 
the joint resolution (and against consideration of the joint 
resolution) are waived. The motion is highly privileged in the House of 
Representatives and is privileged in the Senate and is not debatable. 
The motion is not subject to amendment, or to a motion to postpone, or 
to a motion to proceed to the consideration of other business. A motion 
to reconsider the vote by which the motion is agreed to or disagreed to 
shall not be in order. If a motion to proceed to the consideration of 
the resolution is agreed to, the joint resolution shall remain the 
unfinished business of the respective House until disposed of. An 
amendment to the joint resolution shall not be in order.
    ``(2) Debate on the joint resolution, and on all debatable motions 
and appeals in connection therewith, shall be limited to not more than 
10 hours, which shall be divided equally between those favoring and 
those opposing the joint resolution. A motion further to limit debate 
is in order and not debatable. An amendment to, or a motion to 
postpone, or a motion to proceed to the consideration of other 
business, or a motion to recommit the joint resolution is not in order. 
A motion to reconsider the vote by which the joint resolution is agreed 
to or disagreed to is not in order.
    ``(3) Immediately following the conclusion of the debate on a joint 
resolution, and a single quorum call at the conclusion of the debate if 
requested in accordance with the rules of the appropriate House, the 
vote on final passage of the joint resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a joint resolution 
shall be decided without debate.
    ``(5) If, before the passage by one House of a joint resolution of 
that House, that House receives from the other House a resolution, then 
the following procedures shall apply:
            ``(A) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(B) With respect to a joint resolution of the House 
        receiving the joint resolution--
                    ``(i) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(ii) the vote on final passage shall be on the 
                joint resolution of the other House.
    ``(f) This section is enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
to the same extent as in the case of any other rule of that House.
``Sec. 805. Presidential interim approval
    ``(a)(1) A major rule that would not take effect by reason of 
sections 803 and 804 may take effect as provided under this section if 
the President makes a determination under paragraph (2) and submits a 
written notice of such determination to the Congress.
    ``(2) Paragraph (1) applies to a determination made by the 
President by Executive order that the major rule should take effect 
because such major rule is--
            ``(A) necessary because of an imminent threat to health or 
        safety or other emergency;
            ``(B) necessary for the enforcement of criminal laws;
            ``(C) necessary for national security; or
            ``(D) issued pursuant to any statute implementing an 
        international trade agreement.
    ``(b)(1) A major rule may be effective under this section during 
the period beginning on the date of the submission of a notice relating 
to the rule under subsection (a) and the date on which--
            ``(A) the President signs a joint resolution of approval of 
        the major rule; or
            ``(B) either House of Congress votes against a joint 
        resolution of approval of the major rule.
    ``(2) If a joint resolution of approval is approved by Congress 
after a veto by the President, the agency promulgating the major rule 
may treat the major rule as though the veto had not occurred.
``Sec. 806. Prohibition on another rule in substantially same form
    ``During the 6-month period beginning on the date on which a vote 
occurs in either House of Congress that disapproves a joint resolution 
of approval of a major rule under section 804--
            ``(1) an agency may not promulgate that major rule in 
        substantially the same form; and
            ``(2) another rule that is substantially the same as that 
        major rule may not be promulgated, unless a law enacted after 
        the disapproval of the joint resolution specifically authorizes 
        the promulgation of another rule.
``Sec. 807. Judicial review
    ``(a) A major rule that is approved by a joint resolution under 
this chapter (other than a rule approved by a joint resolution deemed 
passed under section 804(b)(2)) shall not be subject to judicial 
review.
    ``(b) A major rule to which section 805 applies shall not be 
subject to judicial review during the period described under section 
805(b).''.

SEC. 3. PROGRAM FOR REVIEW OF AGENCY RULES.

    (a) Definitions.--In this section the terms ``agency'' and ``rule'' 
have the meanings given such terms under section 551 of title 5, United 
States Code.
    (b) Program for Review of Agency Rules.--
            (1) Authorization.--The President may establish by 
        Executive order a program for the systematic review of rules.
            (2) Contents of program.--At a minimum, a program 
        established under this section shall--
                    (A) contain the procedural safeguards in effect 
                under Executive order 12,866;
                    (B) limit the total period of executive review to 
                not more than 90 calendar days;
                    (C) require periodic public disclosure of the 
                status of rules under review;
                    (D)(i) require maintaining a record of all contacts 
                between employees of an agency and persons who are not 
                Federal employees with respect to a rule; and
                    (ii) require public disclosure of such contacts; 
                and
                    (E) require the public disclosure of each draft of 
                a rule submitted for review to a reviewing authority, 
                with identification of any changes made at the 
                suggestion of the reviewing authority, at the time the 
                proposed rule is published in the Federal Register for 
                public comment.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendment made by this Act shall take effect 180 
days after the date of enactment of this Act.
                                 <all>