[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3148 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3148

  To amend chapter 8 of title 5, United States Code, to establish the 
               Joint Administrative Procedures Committee.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

Ms. Ginny Brown-Waite of Florida (for herself, Mr. Green of Wisconsin, 
 Mr. Mario Diaz-Balart of Florida, Mr. McHenry, Mr. Feeney, Mr. Kirk, 
and Mr. Foley) introduced the following bill; which was referred to the 
Committee on Rules, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend chapter 8 of title 5, United States Code, to establish the 
               Joint Administrative Procedures Committee.

    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 ``Joint Administrative Procedures 
Committee Act of 2005'' or the ``JACP Act''.

SEC. 2. ESTABLISHMENT OF A JOINT ADMINISTRATIVE PROCEDURES COMMITTEE.

    Section 802 of title 5, United States Code, is amended by 
redesignating subsection (g) as subsection (i) and by inserting before 
subsection (i) the following new subsection:
    ``(h)(1) There is established a Joint Administrative Procedures 
Committee to be composed of 12 Members of the Senate to be appointed by 
the majority leader of the Senate and 12 Members of the House of 
Representatives to be appointed by the Speaker of the House of 
Representatives. In each instance, not more than 7 Members shall be 
members of the same political party.
    ``(2) In carrying out its duties under this chapter, the joint 
committee, or any duly authorized subcommittee thereof, is authorized 
to--
            ``(A) hold such hearings, to sit and act at such places and 
        times within the United States during the sessions, recesses, 
        and adjourned periods of Congress;
            ``(B) require the attendance of such witnesses and the 
        production of such books, papers, and documents, administer 
        such oaths, take such testimony, procure such printing and 
        binding as it deems necessary; and
            ``(C) make such rules respecting its organization and 
        procedures as it deems necessary.
    ``(3) The joint committee may selectively review existing major 
rules of any Federal agency and recommend--
            ``(A) to the committees of jurisdiction in each House of 
        Congress that they take appropriate legislative actions to 
        amend or repeal laws within their jurisdictions sufficient to 
        effectuate its recommendations; and
            ``(B) to such Federal agency that it amend or repeal all or 
        any part of such major rules.
    ``(4) The joint committee shall periodically review the regulatory 
plan of each Federal agency of its most important significant 
regulatory actions that the agency reasonably expects to issue in 
proposed or final form in the fiscal year in which such plan is 
submitted (or thereafter) to the Office of Information and Regulatory 
Affairs of the Office of Management and Budget and may submit comments 
to such Office respecting such plan. Within 10 calendar days after 
receiving any such agency plan, such Office shall submit a copy of such 
plan to the joint committee for its comments. Upon completion of its 
review or waiver of its review of each such agency plan, the Office 
shall also submit to the joint committee a detailed summary of its 
recommendations.
    ``(5) The joint committee may selectively review existing rules of 
any Federal agency that were in effect before the enactment of chapter 
8 of title 5, United States Code, and that the joint committee finds 
would satisfy the criteria of subparagraph (A), (B), or (C) of 
paragraph (2) of section 804 of such title and recommend--
            ``(A) to the committees of jurisdiction in each House of 
        Congress that they take appropriate legislative actions to 
        amend or repeal laws within their jurisdictions sufficient to 
        effectuate its recommendations; and
            ``(B) to such Federal agency that it amend or repeal all or 
        any part of such major rules.
    ``(6) The members of the joint committee who are Members of the 
Senate shall from time to time report to appropriate standing 
committees of the Senate, and the members of the joint committee who 
are Members of the House of Representatives shall from time to time 
report to appropriate standing committees of the House their 
recommendations with respect to matters within the jurisdiction of 
their respective Houses which are referred to the joint committee or 
otherwise within the jurisdiction of the joint committee.
    ``(7) Vacancies in the membership of the joint committee shall not 
affect the power of the remaining members to execute the functions of 
the joint committee, and shall be filled in the same manner as in the 
case of the original selection. The joint committee shall select a 
chairman and a vice chairman from among its members at the beginning of 
each Congress. The vice chairman shall act in place of the chairman in 
the absence of the chairman. The chairmanship shall alternate between 
the Senate and the House of Representatives with each Congress, and the 
chairman shall be selected by the Members from that House entitled to 
the chairmanship. The vice chairman shall be chosen from the House 
other than that of the chairman by the Members from that House.
    ``(8) The joint committee may appoint and fix the compensation of 
such staff as it deems necessary.
    ``(9)(A) Notwithstanding any law, rule, or other authority, there 
shall be paid out of the applicable accounts of the House of 
Representatives such sums as may be necessary for one-half of the 
expenses of the joint committee. Such payments shall be made on 
vouchers signed by the chairman or vice chairman of the joint committee 
who is a Member of the House of Representatives, as the case may be, 
and approved in the manner directed by the Committee on House 
Administration of the House of Representatives. Amounts made available 
under this paragraph shall be expended in accordance with regulations 
prescribed by the Committee on House Administration of the House of 
Representatives.
    ``(B) (To be supplied by the Senate).''.

SEC. 3. CONSIDERATION IN THE HOUSE OF REPRESENTATIVES AND THE SENATE.

    Section 802 of title 5, United States Code, is amended by 
redesignating subsection (f) as subsection (g) and by inserting after 
subsection (e) the following new subsection:
    ``(f)(1) In the House, after the third legislative day after the 
date on which the committee to which a joint resolution is referred has 
reported, it is in order for any Member of the House to move to proceed 
to consideration of the joint resolution. All points of order against 
the motion to proceed and against consideration of that motion are 
waived. The motion is privileged in the House 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 joint resolution is agreed to, the House shall immediately proceed 
to consideration of the joint resolution without intervening motion 
(except one motion to adjourn), order, or other business.
    ``(2)(A) In the House, debate shall be confined to the joint 
resolution and shall not exceed one hour equally divided and controlled 
by a proponent and an opponent of the joint resolution. The previous 
question shall be considered as ordered on the joint resolution to 
final passage without intervening motion, except one motion to 
recommit. A motion to reconsider the vote on passage of the joint 
resolution shall not be in order.''.

SEC. 4. CONGRESSIONAL REVIEW .

    (a) Congressional Review.--Section 801(a) of title 5, United States 
Code, is amended--
            (1) in paragraph (1)(A), by inserting ``, the joint 
        committee,'' after ``each House of the Congress'';
            (2) in paragraph (1)(B), by inserting ``and the joint 
        committee'' after ``each House of Congress'';
            (3) in paragraph (1) by adding at the end the following new 
        subparagraph:
    ``(D) Within 30 days (excluding days either House of Congress is 
adjourned for more than 3 days during a session of Congress) after the 
date on which the report referred to in subparagraph (A) is received, 
the joint committee may report a committee resolution recommending that 
each standing committee with jurisdiction to which copies of the 
applicable report were provided under subparagraph (C) report a joint 
resolution pursuant to section 802 disapproving the applicable rule.''; 
and
            (4) in paragraph (2)(A), by inserting ``the joint 
        committee'' after ``committees of jurisdiction in each House of 
        the Congress''.
    (b) Effect of Disapproval.--Section 801(b)(2) of title 5, United 
States Code, is amended by inserting before the period at the end the 
following: ``or the reissued or new rule carries out the 
recommendation, if any, set forth in the report submitted by the joint 
committee to the committees of jurisdiction pursuant to subsection 
(a)(1)(D) respecting the rule that did not take effect because it was 
the subject to an enacted resolution of disapproval''.
    (c) Definitions.--Section 804 of title 5, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(4) The term `joint committee' refers to the Joint 
        Administrative Procedures Committee.''.
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