[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 576 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 576

  To amend chapter 8 of title 5, United States Code, to establish the 
                 Joint Committee on Agency Rule Review.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2005

   Mr. Ney 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 Committee on Agency Rule Review.

    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 Committee on Agency Rule 
Review Act of 2005'' or the ``JCARR Act''.

SEC. 2. ESTABLISHMENT OF A JOINT COMMITTEE ON AGENCY RULE REVIEW.

    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 Committee on Agency Rule 
Review 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, but no bill shall be reported 
        from the joint committee unless a majority of the committee 
        assent.
    ``(3) The members of the joint committee who are Members of the 
Senate shall from time to time report to the Senate, and the members of 
the joint committee who are Members of the House of Representatives 
shall from time to time report to the House, by bill or otherwise, 
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.
    ``(4) 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.
    ``(5) The joint committee may appoint and fix the compensation of 
such staff as it deems necessary.
    ``(6)(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.

    (a) House of Representatives.--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 joint committee has reported a joint resolution 
described in subsection (a), 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.''.
    (b) Senate.--The first sentence of section 802(d)(1) of title 5, 
United States Code, is amended by inserting ``any Member of the Senate 
to make'' before ``a motion to proceed''.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Congressional Review.--Section 801(a) of title 5, United States 
Code, is amended--
            (1) in paragraph (1)(A), by striking ``each House of 
        Congress'' and inserting ``the joint committee'';
            (2) in paragraph (1)(B), by striking ``each House of 
        Congress'' and inserting ``the joint committee'';
            (3) by amending paragraph (1)(C) to read as follows:
    ``(C) Upon receipt of a report submitted under subparagraph (A), 
the chairman or vice chairman of the joint committee shall provide 
copies of the report to the chairman and ranking member of each 
applicable standing committee with jurisdiction under the rules of the 
House of Representatives or the Senate of the subject matter of the 
provision of law under which the rule is issued.'';
            (4) in paragraph (2)(A), by striking ``committees of 
        jurisdiction in each House of the Congress'' and inserting 
        ``joint committee'';
            (5) in paragraph (3)(A)(i), by striking ``Congress'' and 
        inserting ``joint committee''; and
            (6) in paragraph (4), by striking ``Congress'' and 
        inserting ``the joint committee''.
    (b) Congressional Disapproval Procedure.--Section 802 of title 5, 
United States Code, is amended--
            (1) in subsection (a), by striking ``Congress'' the first 
        place it appears and inserting ``the joint committee'';
            (2) by striking subsection (b) and inserting the following 
        new subsection:
    ``(b) For purposes of this section, the term `submission or 
publication date' means the later of the date on which--
            ``(1) the joint committee receives the report submitted 
        under section 801(a)(1); or
            ``(2) the rule is published in the Federal Register, if so 
        published.'';
            (3) in subsection (c), by striking ``committee to which is 
        referred a joint resolution described in subsection (a) has not 
        reported such'' and inserting ``joint committee has not 
        reported a''; and
            (4) in subsection (d)(1), by striking ``committee to which 
        is referred a joint resolution is referred has reported'' and 
        inserting ``joint committee'' and by striking ``a committee'' 
        and inserting ``the joint committee''.
    (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 
        Committee on Agency Rule Review.''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by it shall take effect at noon on 
January 3, 2007.
                                 <all>