[Congressional Record Volume 142, Number 26 (Thursday, February 29, 1996)]
[House]
[Pages H1636-H1641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                H.R. 994

                          Offered By: Mr. Hyde

               (Amendment in the Nature of a Substitute)

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Business Growth and 
     Administrative Accountability Act of 1996''.
             TITLE I--STRENGTHENING REGULATORY FLEXIBILITY

     SEC. 101. JUDICIAL REVIEW.

       (a) Amendment.--Section 611 of title 5, United States Code, 
     is amended to read as follows:

     ``Sec. 611. Judicial review

       ``(a)(1) Not later than one year, notwithstanding any other 
     provision of law, after the effective date of a final rule 
     with respect to which an agency--
       ``(A) certified, pursuant to section 605(b), that such rule 
     would not have a significant economic impact on a substantial 
     number of small entities; or
       ``(B) prepared a final regulatory flexibility analysis 
     pursuant to section 604,

     an affected small entity may petition for the judicial review 
     of such certification or analysis in accordance with the 
     terms of this subsection. A court having jurisdiction to 
     review such rule for compliance with the provisions of 
     section 553 or under any other provision of law shall have 
     jurisdiction to review such certification or analysis. In the 
     case where an agency delays the issuance of a final 
     regulatory flexibility analysis pursuant to section 608(b), a 
     petition for judicial review under this subsection shall be 
     filed not later than one year, notwithstanding any other 
     provision of law, after the date the analysis is made 
     available to the public.
       ``(2) For purposes of this subsection, the term `affected 
     small entity' means a small entity that is or will be 
     adversely affected by the final rule.
       ``(3) Nothing in this subsection shall be construed to 
     affect the authority of any court to stay the effective date 
     of any rule or provision thereof under any other provision of 
     law.
       ``(4)(A) In the case where the agency certified that such 
     rule would not have a significant economic impact on a 
     substantial number of small entities, the court may order the 
     agency to prepare a final regulatory flexibility analysis 
     pursuant to section 604 if the court determines, on the basis 
     of the rulemaking record, that the certification was 
     arbitrary, capricious, an abuse of discretion, or otherwise 
     not in accordance with law.
       ``(B) In the case where the agency prepared a final 
     regulatory flexibility analysis, the court may order the 
     agency to take corrective action consistent with the 
     requirements of section 604 if the court determines, on the 
     basis of the rulemaking record, that the final regulatory 
     flexibility analysis was prepared by the agency without 
     observance of procedure required by section 604.
       ``(5) If, by the end of the 90-day period beginning on the 
     date of the order of the court pursuant to paragraph (4) (or 
     such longer period as the court may provide), the agency 
     fails, as appropriate--
       ``(A) to prepare the analysis required by section 604; or
       ``(B) to take corrective action consistent with the 
     requirements of section 604,

     the court may stay the rule or grant such other relief as it 
     deems appropriate.
       ``(6) In making any determination or granting any relief 
     authorized by this subsection, the court shall take due 
     account of the rule of prejudicial error.
     
[[Page H1637]]

       ``(b) In an action for the judicial review of a rule, any 
     regulatory flexibility analysis for such rule (including an 
     analysis prepared or corrected pursuant to subsection (a)(4)) 
     shall constitute part of the whole record of agency action in 
     connection with such review.
       ``(c) Nothing in this section bars judicial review of any 
     other impact statement or similar analysis required by any 
     other law if judicial review of such statement or analysis is 
     otherwise provided by law.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply only to final agency rules issued after the date 
     of enactment of this Act.

     SEC. 102. RULES COMMENTED ON BY SBA CHIEF COUNSEL FOR 
                   ADVOCACY.

       (a) In General.--Section 612 of title 5, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(d) Action by the SBA Chief Counsel for Advocacy.--
       ``(1) Transmittal of proposed rules and initial regulatory 
     flexibility analysis to sba chief counsel for advocacy.--On 
     or before the 30th day preceding the date of publication by 
     an agency of general notice of proposed rulemaking for a 
     rule, the agency shall transmit to the Chief Counsel for 
     Advocacy of the Small Business Administration--
       ``(A) a copy of the proposed rule; and
       ``(B)(i) a copy of the initial regulatory flexibility 
     analysis for the rule if required under section 603; or
       ``(ii) a determination by the agency that an initial 
     regulatory flexibility analysis is not required for the 
     proposed rule under section 603 and an explanation for the 
     determination.
       ``(2) Statement of effect.--On or before the 15th day 
     following receipt of a proposed rule and initial regulatory 
     flexibility analysis from an agency under paragraph (1), the 
     Chief Counsel for Advocacy may transmit to the agency a 
     written statement of the effect of the proposed rule on small 
     entities.
       ``(3) Response.--If the Chief Counsel for Advocacy 
     transmits to an agency a statement of effect on a proposed 
     rule in accordance with paragraph (2), the agency shall 
     publish the statement, together with the response of the 
     agency to the statement, in the Federal Register at the time 
     of publication of general notice of proposed rulemaking for 
     the rule.
       ``(4) Special rule.--Any proposed rules issued by an 
     appropriate Federal banking agency (as that term is defined 
     in section 3(q) of the Federal Deposit Insurance Act (12 
     U.S.C. 1813(q)), the National Credit Union Administration, or 
     the Office of Federal Housing Enterprise Oversight, in 
     connection with the implementation of monetary policy or to 
     ensure the safety and soundness of federally insured 
     depository institutions, any affiliate of such an 
     institution, credit unions, or government sponsored housing 
     enterprises or to protect the Federal deposit insurance funds 
     shall not be subject to the requirements of this 
     subsection.''.
       (b) Conforming Amendment.--Section 603(a) of title 5, 
     United States Code, is amended by inserting ``in accordance 
     with section 612(d)'' before the period at the end of the 
     last sentence.

     SEC. 103. SENSE OF CONGRESS REGARDING SBA CHIEF COUNSEL FOR 
                   ADVOCACY.

       It is the sense of Congress that the Chief Counsel for 
     Advocacy of the Small Business Administration should be 
     permitted to appear as amicus curiae in any action or case 
     brought in a court of the United States for the purpose of 
     reviewing a rule.
                    TITLE II--ADMINISTRATIVE REVIEW

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Administrative Review Act 
     of 1996''.

     SEC. 202. PURPOSE.

       The purposes of this title are--
       (1) to require agencies to regularly review their major 
     rules to determine whether they should be continued without 
     change, modified, consolidated with another rule, or 
     terminated;
       (2) to require agencies to consider the comments of the 
     public, the regulated community, and the Congress regarding 
     the actual costs and burdens of rules being reviewed under 
     this title and whether the rules are obsolete, unnecessary, 
     duplicative, conflicting, or otherwise inconsistent;
       (3) to require that any rules continued in effect under 
     this title meet all the legal requirements that would apply 
     to the issuance of a new rule;
       (4) to provide for the repeal, continuation, or other 
     change in such major rules in accordance with chapters 5 and 
     7 of title 5, United States Code;
       (5) to provide for a process that allows the public and 
     appropriate committees of the Congress to request that rules 
     that are not major rules be reviewed in the same manner as 
     major rules; and
       (6) to require the Administrator to coordinate and be 
     responsible for administrative reviews conducted by the 
     agencies.

     SEC. 203. REVIEW OF REGULATIONS.

       A covered rule shall be subject to administrative review in 
     accordance with section 205. Upon completion of such review, 
     the agency which has jurisdiction over such rule shall 
     conduct a rulemaking in accordance with section 208 to 
     continue such rule without change, modify it, or consolidate 
     it with another rule or terminate such rule.

     SEC. 204. RULES COVERED.

       (a) Covered Rules.--For purposes of this title, a covered 
     rule is a rule that--
       (1) is determined by the Administrator to be a major rule 
     under subsection (b);
       (2) is designated for administrative review by the 
     Administrator in response to a petition or request under 
     subsection (c) or (d), or
       (3) is a rule related to a rule described in paragraph (1) 
     or (2) that is designated for administrative review by the 
     Administrator under section 205(a)(3) to allow for a 
     comprehensive administrative review.
       (b) Major Rule.--For purposes of this title, the term 
     ``major rule'' means any rule that the Administrator 
     determines has resulted in or is likely to result in--
       (1) an annual effect on the economy of $100,000,000 or 
     more;
       (2) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions; or
       (3) 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.
       (c) Public Petitions.--
       (1) In general.--Any interested person may submit a 
     petition to the Administrator requesting that the 
     Administrator designate any rule that is not a major rule for 
     administrative review. The Administrator shall designate the 
     rule for administrative review unless the Administrator 
     determines that it would not be in the public interest to 
     conduct an administrative review of the rule. In making such 
     determination, the Administrator shall take into account the 
     number and nature of other petitions received on the same 
     rule, whether or not they have already been denied.
       (2) Form and content of petition.--A petition under 
     paragraph (1)--
       (A) shall be in writing, but is not otherwise required to 
     be in any particular form;
       (B) shall identify the rule for which administrative review 
     is requested with reasonable specificity and state on its 
     face that the petitioner seeks administrative review of the 
     rule;
       (C) shall explain why the petitioner is an interested 
     person; and
       (D) shall be accompanied by a $20 processing fee.
       (3) Response required for noncomplying petitions.--If the 
     Administrator determines that a petition does not meet the 
     requirements of this subsection, the Administrator shall 
     provide a response to the petitioner within 30 days after 
     receiving the petition, notifying the petitioner of the 
     problem and providing information on how to formulate a 
     petition that meets those requirements.
       (4) Decision.--Within the 90-day period beginning on the 
     date of receiving a petition that meets the requirements of 
     this subsection, the Administrator shall transmit a response 
     to the petitioner stating whether the petition was granted or 
     denied, except that the Administrator may extend such period 
     by a total of not more than 30 days.
       (5) Petitions deemed granted for substantial inexcusable 
     delay.--A petition for administrative review of a rule is 
     deemed to have been granted by the Administrator, and the 
     Administrator is deemed to have designated the rule for 
     administrative review, if a court finds there is a 
     substantial and inexcusable delay, beyond the period 
     specified in paragraph (4), in notifying the petitioner of 
     the Administrator's determination to grant or deny the 
     petition.
       (6) Public log.--The Administrator shall maintain a public 
     log of petitions submitted under this subsection, that 
     includes the status or disposition of each petition.
       (d) Congressional Requests.--
       (1) In general.--An appropriate committee of the Congress, 
     by a majority vote of the members of the committee voting, 
     may request in writing that the Administrator designate any 
     rule that is not a major rule for administrative review. The 
     Administrator shall designate such rule for administrative 
     review within 30 days after receipt of such a request unless 
     the Administrator determines that it would not be in the 
     public interest to conduct an administrative review of such 
     rule.
       (2) Notice of denial.--If the Administrator denies a 
     congressional request under this subsection, the 
     Administrator shall transmit to the congressional committee 
     making the request a notice stating the reasons for the 
     denial.
       (e) Publication of Notice of Administrative Review.--After 
     the Administrator determines that a rule is a major rule or 
     designates a rule for administrative review under subsection 
     (a), the Administrator shall promptly publish a notice of 
     that determination or designation in the Federal Register.

     SEC. 205. ADMINISTRATIVE REVIEW PROCEDURES.

       (a) Functions of the Administrator.--
       (1) Notice of rules subject to review.--
       (A) Inventory and first list.--Within 6 months after the 
     date of the enactment of this title, the Administrator shall 
     complete an inventory of rules in effect on such date of 
     enactment and determine which of such rules are major rules 
     pursuant to section 204(b). The agencies with jurisdiction 
     over rules shall assist the Administrator in conducting such 
     an inventory. Upon completion of the inventory, the 
     Administrator shall publish in the Federal Register a first 
     list of covered rules. The list shall--
       (i) specify the particular group to which each major rule 
     in the list is assigned under 

[[Page H1638]]
     paragraph (2), and, in accordance with paragraph (2), state the final 
     rulemaking deadline for all major rules in each such group; 
     and
       (ii) include other covered rules and state the final 
     rulemaking deadline for each such rule.
       (B) Subsequent lists.--After publication of the first list 
     under subparagraph (A), the Administrator shall publish in 
     the Federal Register an updated list of covered rules at 
     least annually, specifying the final rulemaking deadline for 
     each rule on the list.
       (2) Grouping of major rules in first list.--
       (A) Staggered review.--The Administrator shall assign each 
     major rule in effect on the date of enactment of this title 
     to one of the 5 groups described in section 206(a)(1) to 
     permit orderly and prioritized administrative reviews, and 
     specify for each group the applicable final rulemaking 
     deadline in accordance with such section.
       (B) Prioritizations.--In determining which rules shall be 
     given priority in time in that assignment, the Administrator 
     shall consult with appropriate agencies, and shall prioritize 
     rules based on--
       (i) the grouping of related rules in accordance with 
     paragraph (3);
       (ii) the extent of the cost of each rule on the regulated 
     community and the public, with priority in time given to 
     those rules that impose the greatest cost;
       (iii) consideration of the views of affected persons, 
     including State and local governments;
       (iv) whether a particular rule has recently been subject to 
     cost/benefit analysis and risk assessment, with priority in 
     time given to those rules that have not been subject to such 
     analysis and assessment;
       (v) whether a particular rule was issued under a statutory 
     provision that provides broad discretion to an official in 
     issuing the rule, with priority in time given to those rules 
     that were issued under provisions that provide broad 
     discretion;
       (vi) the burden of reviewing each rule on the reviewing 
     agency; and
       (vii) the need for orderly processing and the timely 
     completion of the administrative reviews of existing rules.
       (3) Grouping of related rules.--
       (A) In general.--The Administrator shall group related 
     rules under paragraph (2) (and designate other rules) for 
     simultaneous administrative review based upon their subject 
     matter similarity, functional interrelationships, and other 
     relevant factors to ensure comprehensive and coordinated 
     review of redundant, overlapping, and conflicting rules and 
     requirements.
       (B) Inclusion for review.--The Administrator shall 
     designate under section 204(a)(3) any rule for administrative 
     review that is necessary for a comprehensive administrative 
     review whether or not such other rule is otherwise a covered 
     rule under paragraph (1) or (2) of section 204(a).
       (C) Simultaneous review.--The Administrator shall 
     coordinate with agencies to ensure simultaneous 
     administrative reviews of related rules without regard to 
     whether they were issued by the same agency.
       (4) Guidance.--The Administrator shall provide timely 
     guidance to agencies on the conduct of administrative reviews 
     and the preparation of administrative review notices and 
     reports required by this section to ensure uniform, complete, 
     and timely administrative reviews and to ensure notice and 
     opportunity for public comment consistent with this section 
     and section 208.
       (b) Agency Administrative Review Procedure.--
       (1) Administrative review notice.--At least 3\1/2\ years 
     before the final rulemaking deadline under section 206(a) for 
     a covered rule, the agency that has jurisdiction over the 
     rule shall--
       (A) publish an administrative review notice in accordance 
     with section 207(a) in the Federal Register and, to the 
     extent reasonable and practicable, in other publications or 
     media that are designed to reach those persons most affected 
     by the covered rule; and
       (B) request the views of the Administrator and the 
     appropriate committees of the Congress on whether to continue 
     without change, modify, consolidate, or terminate the covered 
     rule.
       (2) Administrative review report.--The agency shall 
     consider the public comments and other recommendations 
     generated by the administrative review notice and shall 
     consult with the appropriate committees of the Congress 
     before issuing an administrative review report. At least 2 
     years before the final rulemaking deadline of the covered 
     rule, the agency shall publish with respect to such rule an 
     administrative review report in the Federal Register that 
     includes a notice of proposed rulemaking in accordance with 
     section 207(b) and transmit such administrative review report 
     to the Administrator and the appropriate committees of the 
     Congress.
       (3) Open procedures regarding administrative review.--In 
     any administrative review conducted pursuant to this title, 
     the agency conducting the review shall make a written record 
     describing contacts and the subject of all contacts the 
     agency or Administrator made with non-governmental persons 
     outside the agency relating to such review. The written 
     record of such contact shall be made available, upon request, 
     to the public.

     SEC. 206. FINAL RULEMAKING DEADLINES FOR COVERED RULES.

       (a) In General.--For purposes of this title, the final 
     rulemaking deadline of a covered rule is as follows:
       (1) Existing major rules.--For a major rule in effect on 
     the date of the enactment of this title, the initial final 
     rulemaking deadline is the last day of the 5-year, 6-year, 7-
     year, 8-year, or 9-year period beginning on the date of the 
     enactment of this title, as specified by the Administrator 
     under section 205(a)(2)(A). For any major rule that 6 months 
     after such date of enactment is not assigned to such a group 
     specified under section 205(a)(2)(A), the initial final 
     rulemaking deadline is the last day of the 5-year period 
     beginning on such date of enactment.
       (2) New major rules.--For a major rule that first takes 
     effect after the date of the enactment of this title, the 
     initial final rulemaking deadline is the last day of the 7-
     year period beginning on the date the rule first takes 
     effect.
       (3) Rules covered pursuant to public petition or 
     congressional request.--For any rule subject to 
     administrative review pursuant to a public petition under 
     section 204(c) or a congressional request under section 
     204(d), the initial final rulemaking deadline is the last day 
     of the 4-year period beginning on--
       (A) the date the Administrator so designates the rule for 
     review; or
       (B) the date of issuance of a final court order that the 
     Administrator is deemed to have designated the rule for 
     administrative review.
       (4) Related rule designated for review.--For a rule that 
     the Administrator designates under section 205(a)(3) for 
     administrative review because it is related to another 
     covered rule and that is grouped with that other rule for 
     simultaneous review, the initial final rulemaking deadline is 
     the same as the final rulemaking deadline for that other 
     rule.
       (5) Extension.--The President may extend the final 
     rulemaking deadline established under paragraph (1), (2), 
     (3), or (4) for a period of up to 6 months by publishing a 
     notice of such extension in the Federal Register together 
     with an explanation of the basis for such extension.
       (6) New Final Rulemaking Deadline After Final Agency 
     Action.--For a rule that has undergone administrative review 
     and rulemaking pursuant to this title and that has not been 
     terminated, the next final rulemaking deadline date is the 
     last day of the 7-year period beginning on the effective date 
     of the rule as continued or as newly promulgated under 
     section 208.
       (b) Limitation on Interim Reviews.--An agency may not 
     undertake a comprehensive review and significant revision of 
     a covered rule more frequently than required by this title or 
     another law, unless the head of the agency determines that 
     the likely benefits from such review and revision outweigh 
     the reasonable expenditures that have been made in reliance 
     on the rule as in effect before such revision. For purposes 
     of this section, a law may be considered to require a 
     comprehensive review and significant revision of a rule if it 
     makes significant changes in the Act under which the rule was 
     issued.
       (c) Determinations Where Rules Have Been Amended.--For 
     purposes of this title, if various provisions of a covered 
     rule were issued at different times, then the rule as a whole 
     shall be treated as if it were issued on the later of--
       (1) the date of issuance of the provision of the rule that 
     was issued first; or
       (2) the date the most recent comprehensive review and 
     significant revision of the rule was completed.
       (d) Comprehensive review and significant revision.--In this 
     section, the term ``comprehensive review and significant 
     revision'' includes an administrative review and final 
     rulemaking under this title, whether or not the rule is 
     revised.

     SEC. 207. ADMINISTRATIVE REVIEW NOTICES AND AGENCY REPORTS.

       (a) Administrative Review Notices.--The administrative 
     review notice under section 205(b)(1) for a rule shall 
     request public comment and contain--
       (1) a request for comments regarding whether the rule 
     should be continued without change, modified, consolidated 
     with another rule, or terminated;
       (2) if applicable, a request for comments regarding whether 
     the rule meets the applicable Federal cost/benefit and risk 
     assessment criteria; and
       (3) a request for comments about the past implementation 
     and effects of the rule, including--
       (A) the direct and indirect costs incurred because of the 
     rule, including the net reduction in the value of private 
     property (whether real, personal, tangible, or intangible), 
     and whether the incremental benefits of the rule exceeded the 
     incremental costs of the rule, both generally and regarding 
     each of the specific industries and sectors it covers;
       (B) whether the rule as a whole, or any major feature of 
     it, is outdated, obsolete, or unnecessary, whether by change 
     of technology, the marketplace, or otherwise;
       (C) the extent to which the rule or information required to 
     comply with the rule duplicated, conflicted, or overlapped 
     with requirements under rules of other agencies;
       (D) in the case of a rule addressing a risk to health or 
     safety or the environment, what the perceived risk was at the 
     time of issuance and to what extent the risk predictions were 
     accurate;
       (E) whether the rule unnecessarily impeded domestic or 
     international competition or unnecessarily intruded on free 
     market forces, 

[[Page H1639]]
     and whether the rule unnecessarily interfered with opportunities or 
     efforts to transfer to the private sector duties carried out 
     by the Government;
       (F) whether, and to what extent, the rule imposed unfunded 
     mandates on, or otherwise adversely affected, State and local 
     governments;
       (G) whether compliance with the rule required substantial 
     capital investment and whether terminating the rule on the 
     next final rulemaking deadline would create an unfair 
     advantage to those who are not in compliance with it;
       (H) whether the rule constituted the least costly, most 
     cost-effective, or least burdensome alternative that achieved 
     its objective consistent with the criteria of the Act under 
     which the rule was issued, and to what extent the rule 
     provided flexibility to those who were subject to it;
       (I) whether the rule was worded simply and clearly, 
     including clear identification of those who were subject to 
     the rule;
       (J) whether the rule created negative unintended 
     consequences;
       (K) the extent to which information requirements under the 
     rule can be reduced; and
       (L) the extent to which the rule has contributed positive 
     benefits, particularly health or safety or environmental 
     benefits.
       (b) Administrative Review Report.--The administrative 
     review report under section 205(b)(2) on the administrative 
     review of a rule shall--
       (1) contain the factual findings and legal conclusions of 
     the agency conducting the review regarding the application of 
     section 208(b) to the rule and the agency's proposed 
     recommendation as to whether the rule should be continued 
     without change, modified, consolidated with another rule, or 
     terminated;
       (2) in the case of a rule that the agency proposes to 
     continue without change, to modify, or to consolidate with 
     another rule, contain--
       (A) a notice of proposed rulemaking under section 553 of 
     title 5, United States Code or under other statutory 
     rulemaking procedures required for that rule, and
       (B) the text of the rule as so continued without change, 
     modified, or consolidated; and
       (3) in the case of a rule that the agency proposes to 
     terminate, contain a notice of proposed rulemaking for 
     termination consistent with paragraph (2)(A).

     SEC. 208. RULEMAKING.

       (a) In general.--After publication of the administrative 
     review report, the agency which conducted such administrative 
     review shall conduct the rulemaking which is called for in 
     such report. The notice of proposed rulemaking published in 
     the administrative review report pursuant to sections 
     205(b)(2) and 207(b) shall constitute publication of the 
     notice required by section 553 of title 5, United States Code 
     or other statutory rulemaking procedure required for that 
     rule.
       (b) Compliance With Other Laws.--In order for any rule 
     subject to administrative review to continue without change 
     or to be modified or consolidated in accordance with this 
     title, such rule must be authorized by law, and meet the same 
     statutory requirements that would apply as if it were issued 
     as a new rule pursuant to chapter 5 of title 5, United States 
     Code, or other applicable statutory rulemaking procedure.
       (c) Presidential Review.--After an agency determines to 
     take action under subsection (a), the agency, not later than 
     60 days before taking final agency action, shall notify the 
     President of such action. Before the expiration of such 60 
     days, the President may, on the basis of the record of such 
     rulemaking, direct the agency to take a different action.
       (d) Reissuance.--If a covered rule is terminated under 
     rulemaking begun under subsection (a), a rule may not be 
     reissued in substantially the same form unless--
       (1) the President approves the reissuance of such rule; and
       (2) the rule as reissued complies with the criteria of 
     subsection (b) and results from a rulemaking in accordance 
     with chapter 5 of title 5, United States Code, or other 
     applicable statute or statutory rulemaking procedure.
       (e) Preservation of Independence of Federal Bank Regulatory 
     Agencies.--The head of any appropriate Federal banking agency 
     (as that term is defined in section 3(q) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1813(q)), the Federal 
     Housing Finance Board, the National Credit Union 
     Administration, and the Office of Federal Housing Enterprise 
     Oversight shall have the authority with respect to that 
     agency that would otherwise be granted to the President in 
     subsections (c) and (d).

     SEC. 209. DESIGNATION OF AGENCY REGULATORY REVIEW OFFICERS.

       The head of each agency shall designate an officer of the 
     agency as the Regulatory Review Officer of the agency. The 
     Regulatory Review Officer of an agency shall be responsible 
     for the implementation of this title by the agency and shall 
     report directly to the head of the agency and the 
     Administrator with respect to that responsibility.

     SEC. 210. RELATIONSHIP TO OTHER LAW; SEVERABILITY.

       (a) Relationship to APA.--Nothing in this title is intended 
     to supersede the provisions of chapters 5, 6, and 7 of title 
     5, United States Code.
       (b) Severability.--If any provision of this title, or the 
     application of any provision of this title to any person or 
     circumstance, is held invalid, the application of such 
     provision to other persons or circumstances, and the 
     remainder of this title, shall not be affected thereby.

     SEC. 211. JUDICIAL REVIEW.

       (a) In General.--A denial or substantial inexcusable delay 
     in granting or denying a petition under section 204(c) shall 
     be considered final agency action subject to review under 
     section 702 of title 5, United States Code. A denial of a 
     congressional request under section 204(d) shall not be 
     subject to judicial review.
       (b) Time Limitation on Filing a Civil Action.--
     Notwithstanding any other provisions of law, an action 
     seeking judicial review of a final agency action under this 
     title may not be brought--
       (1) in the case of a final agency action denying a public 
     petition under section 204(c) or continuing without change, 
     modifying, consolidating, or terminating a covered rule, more 
     than 30 days after the date of that final agency action; or
       (2) in the case of an action challenging a delay in 
     deciding on a petition for a rule under section 204(c), more 
     than 1 year after the period applicable to the rule under 
     section 204(c)(4).
       (c) Availability of Judicial Review Unaffected.--Except to 
     the extent that there is a direct conflict with the 
     provisions of this title, nothing in this title is intended 
     to affect the availability or standard of judicial review for 
     agency regulatory action.
       (d) Action to Compel Agency Action.--
       (1) In general.--If there has been no final rulemaking 
     action on a rule subject to administrative review by the 
     applicable final rulemaking deadline specified in section 
     206(a), the agency's inaction shall be presumed to be agency 
     action unlawfully withheld or unreasonably delayed.
       (2) Court order.--If a court determines that an agency's 
     inaction constitutes agency action unlawfully withheld or 
     unreasonably delayed, the court shall order the agency to 
     complete final rulemaking by a date certain. The date certain 
     may not be more than 2 years beyond the final rulemaking 
     deadline specified in section 206(a) for such rule.
       (3) Suspension.--If a court enters an order pursuant to 
     paragraph (2) and the agency does not complete the final 
     rulemaking by the deadline specified in such order, the court 
     may suspend the effectiveness of all or a portion of the 
     covered rule which was the basis of such rulemaking until 
     such date as the agency completes such final rulemaking.

     SEC. 212. EFFECT OF TERMINATION OR SUSPENSION OF A COVERED 
                   RULE.

       (a) Effect of Termination or Suspension Generally.--If a 
     covered rule is terminated or suspended pursuant to this 
     title--
       (1) this title shall not be construed to prevent the 
     President or an agency from exercising any authority that 
     otherwise exists to implement the statute under which the 
     rule was issued;
       (2) in an agency proceeding or court action between an 
     agency and a non-agency party, the rule shall be given no 
     conclusive effect but may be submitted as evidence of a prior 
     agency practice or procedure; and
       (3) this title shall not be construed to prevent the 
     continuation or institution of any enforcement action that is 
     based on a violation of the rule that occurred before the 
     effectiveness of the rule terminated or was suspended.
       (b) Effect on Deadlines.--
       (1) In general.--Any deadline for, relating to, or 
     involving any action dependent upon, any rule terminated or 
     suspended under this title is suspended until the agency that 
     issued the rule issues a new rule on the same matter, unless 
     otherwise provided by a law.
       (2) Deadline defined.--In this subsection, the term 
     ``deadline'' means any date certain for fulfilling any 
     obligation or exercising any authority established by or 
     under any Federal rule, or by or under any court order 
     implementing any Federal rule.

     SEC. 213. DELEGATION.

       Section 301 of title 3, United States Code, shall apply to 
     any delegation by the President of authority under this 
     title, except that the President may delegate the functions 
     of the President under this title to any officer of the 
     executive branch.

     SEC. 214. DEFINITIONS.

       In this title:
       (1) Administrative review.--The term ``administrative 
     review'' means a review of a rule under section 206.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Office of Information and Regulatory 
     Affairs in the Office of Management and Budget.
       (3) Agency.--The term ``agency'' has the meaning given that 
     term in section 551(1) of title 5, United States Code.
       (4) Appropriate committee of the congress.--The term 
     ``appropriate committee of the Congress'' means, with respect 
     to a rule, each standing committee of Congress having 
     jurisdiction under the rules of the House of Representatives 
     or the Senate to report a bill to amend the provision of law 
     under which the rule is issued.
       (5) Final rulemaking deadline.--The term ``final rulemaking 
     deadline'' means the date by which an agency must complete 
     its final rulemaking action under section 208.
       (6) Rule.--
       (A) General rule.--Subject to subparagraph (B), the term 
     ``rule'' means any agency 

[[Page H1640]]
     statement, including agency guidance documents, which are designed to 
     implement, interpret, or prescribe law or policy or to 
     describe the procedures or practices of an agency, which are 
     intended to assist in such actions, and which are of general 
     applicability and future effect, but does not include--
       (i) regulations or other agency statements issued in 
     accordance with formal rulemaking provisions of sections 556 
     and 557 of title 5, United States Code, or in accordance with 
     other statutory rulemaking procedures that provide the same 
     safeguard for a decision on the record after an opportunity 
     for a hearing with the right to present evidence and conduct 
     cross examination;
       (ii) regulations or other agency statements that are 
     limited to agency organization, management, or personnel 
     matters;
       (iii) regulations or other agency statements issued with 
     respect to a military or foreign affairs function of the 
     United States;
       (iv) regulations, statements, or other agency actions that 
     are reviewed and usually modified each year (or more 
     frequently), or are reviewed regularly and usually modified 
     based on changing economic or seasonal conditions;
       (v) regulations or other agency actions that grant an 
     approval, license, permit, registration, or similar authority 
     or that grant or recognize an exemption or relieve a 
     restriction, or any agency action necessary to permit new or 
     improved applications of technology or to allow the 
     manufacture, distribution, sale, or use of a substance or 
     product; and
       (vi) regulations or other agency statements that the 
     Administrator certifies in writing are necessary for the 
     enforcement of the Federal criminal laws.
       (B) Scope of a rule.--For purposes of a major rule under 
     this title, each set of rules designated in the Code of 
     Federal Regulations as a part (other than part 1 of title 26 
     of the Code of Federal Regulations) shall be treated as one 
     rule. Each set of rules that do not appear in the Code of 
     Federal Regulations and that are comparable to a part of that 
     Code under guidelines established by the Administrator shall 
     be treated as one rule.

     SEC. 215. SUNSET OF THIS TITLE.

       This title shall have no force or effect after the 12-year 
     period beginning on the date of the enactment of this title.
                    TITLE III--CONGRESSIONAL REVIEW

     SEC. 301. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

       Title 5, United States Code, is amended by inserting 
     immediately after chapter 7 the following new chapter:``

          CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional disapproval procedure.
``803. Special rule on statutory, regulatory, and judicial deadlines.
``804. Definitions.
``805. Judicial review.
``806. Applicability; severability.
``807. Exemption for monetary policy.

     ``Sec. 801. Congressional review

       ``(a)(1)(A) Before a rule can take effect as a final rule, 
     the Federal agency promulgating such rule shall submit to 
     each House of the Congress and to the Comptroller General a 
     report containing--
       ``(i) a copy of the rule;
       ``(ii) a concise general statement relating to the rule; 
     and
       ``(iii) the proposed effective date of the rule.
       ``(B) The Federal agency promulgating the rule shall make 
     available to each House of Congress and the Comptroller 
     General, upon request--
       ``(i) a complete copy of the cost-benefit analysis of the 
     rule, if any;
       ``(ii) the agency's actions relevant to sections 603, 604, 
     605, 607, and 609;
       ``(iii) the agency's actions relevant to sections 202, 203, 
     204, and 205 of the Unfunded Mandates Reform Act of 1995; and
       ``(iv) any other relevant information or requirements under 
     any other Act and any relevant Executive orders.
       ``(C) Upon receipt, each House shall provide copies to the 
     Chairman and Ranking Member of each committee with 
     jurisdiction.
       ``(2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction in each 
     House of the Congress by the end of 12 calendar days after 
     the submission or publication date as provided in section 
     802(b)(2). The report of the Comptroller General shall 
     include an assessment of the agency's compliance with 
     procedural steps required by paragraph (1)(B).
       ``(B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       ``(3) A major rule relating to a report submitted under 
     paragraph (1) shall take effect as a final rule, the latest 
     of--
       ``(A) the later of the date occurring 60 days (excluding 
     days either House of Congress is adjourned for more than 3 
     days during a session of Congress) after the date on which--
       ``(i) the Congress receives the report submitted under 
     paragraph (1); or
       ``(ii) the rule is published in the Federal Register;
       ``(B) if the Congress passes a joint resolution of 
     disapproval described under section 802 relating to the rule, 
     and the President signs a veto of such resolution, the 
     earlier date--
       ``(i) on which either House of Congress votes and fails to 
     override the veto of the President; or
       ``(ii) occurring 30 session days after the date on which 
     the Congress received the veto and objections of the 
     President; or
       ``(C) the date the rule would have otherwise taken effect, 
     if not for this section (unless a joint resolution of 
     disapproval under section 802 is enacted).
       ``(4) Except for a major rule, a rule shall take effect as 
     otherwise provided by law after submission to Congress under 
     paragraph (1).
       ``(5) Notwithstanding paragraph (3), the effective date of 
     a rule shall not be delayed by operation of this chapter 
     beyond the date on which either House of Congress votes to 
     reject a joint resolution of disapproval under section 802.
       ``(b)(1) A rule or proposed rule shall not take effect (or 
     continue) as a final rule, if the Congress enacts a joint 
     resolution of disapproval described under section 802.
       ``(2) A rule or proposed rule that does not take effect (or 
     does not continue) under paragraph (1) may not be reissued in 
     substantially the same form, and a new rule that is 
     substantially the same as such a rule or proposed rule may 
     not be issued, unless the reissued or new rule is 
     specifically authorized by a law enacted after the date of 
     the joint resolution disapproving the original rule.
       ``(c)(1) Notwithstanding any other provision of this 
     section (except subject to paragraph (3)), a rule that would 
     not take effect by reason of this chapter may take effect, if 
     the President makes a determination under paragraph (2) and 
     submits written notice of such determination to the Congress.
       ``(2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the rule should take effect 
     because such 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 a statute implementing an 
     international trade agreement.
       ``(3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 802 or the effect of a joint resolution of 
     disapproval under this section.
       ``(d)(1) In addition to the opportunity for review 
     otherwise provided under this chapter, in the case of any 
     rule that is published in the Federal Register (as a rule 
     that shall take effect as a final rule) during the period 
     beginning on the date occurring 60 days before the date the 
     Congress adjourns a session of Congress through the date on 
     which the same or succeeding Congress first convenes its next 
     session, section 802 shall apply to such rule in the 
     succeeding session of Congress.
       ``(2)(A) In applying section 802 for purposes of such 
     additional review, a rule described under paragraph (1) shall 
     be treated as though--
       ``(i) such rule were published in the Federal Register (as 
     a rule that shall take effect as a final rule) on the 15th 
     session day after the succeeding Congress first convenes; and
       ``(ii) a report on such rule were submitted to Congress 
     under subsection (a)(1) on such date.
       ``(B) Nothing in this paragraph shall be construed to 
     affect the requirement under subsection (a)(1) that a report 
     shall be submitted to Congress before a final rule can take 
     effect.
       ``(3) A rule described under paragraph (1) shall take 
     effect as a final rule as otherwise provided by law 
     (including other subsections of this section).
       ``(e)(1) Section 802 shall apply in accordance with its 
     terms to any major rule that was published in the Federal 
     Register (as a rule that shall take effect as a final rule) 
     in the period beginning on November 20, 1994, through the 
     date of enactment of this title.
       ``(2) In applying section 802 for purposes of Congressional 
     review, a rule described under paragraph (1) shall be treated 
     as though--
       ``(A) such rule were published in the Federal Register (as 
     a rule that shall take effect as a final rule) on the date of 
     enactment of this title; and
       ``(B) a report on such rule were submitted to Congress 
     under subsection (a)(1) on such date.
       ``(3) The effectiveness of a rule described under paragraph 
     (1) shall be as otherwise provided by law, unless the rule is 
     made of no force or effect under section 802.
       ``(f) Any rule that takes effect and later is made of no 
     force or effect by enactment of a joint resolution under 
     section 802 shall be treated as though such rule had never 
     taken effect.
       ``(g) If the Congress does not enact a joint resolution of 
     disapproval under section 802, no court or agency may infer 
     any intent of the Congress from any action or inaction of the 
     Congress with regard to such rule, related statute, or joint 
     resolution of disapproval.

     ``Sec. 802. Congressional disapproval procedure

       ``(a) Joint Resolution Defined.--For purposes of this 
     section, the term `joint resolution' means only--
       ``(1) a joint resolution introduced in the period beginning 
     on the date on which the report referred to in section 801(a) 
     is received by Congress and ending 60 days thereafter 
     (excluding days either House of Congress is adjourned for 
     more than 3 days during a session of Congress), the matter 
     after the resolving clause of which is as follows: `That 

[[Page H1641]]
     Congress disapproves the rule submitted by the ____ relating to ____, 
     and such rule shall have no force or effect.' (The blank 
     spaces being appropriately filled in); or
       ``(2) a joint resolution the matter after the resolving 
     clause of which is as follows: `That the Congress disapproves 
     the proposed rule published by the ________ relating to 
     ______, and such proposed rule shall not be issued or take 
     effect as a final rule.' (the blank spaces being 
     appropriately filled in)
       ``(b)(1) A joint resolution described in subsection (a) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction.
       ``(2) For purposes of this section, the term `submission or 
     publication date' means--
       ``(A) in the case of a joint resolution described in 
     subsection (a)(1) the later of the date on which--
       ``(i) the Congress receives the report submitted under 
     section 801(a)(1); or
       ``(ii) the rule is published in the Federal Register; or
       ``(B) in the case of a joint resolution described in 
     subsection (a)(2), the date of introduction of the joint 
     resolution.
       ``(c) In the Senate, if the committee to which is referred 
     a joint resolution described in subsection (a) has not 
     reported such joint resolution (or an identical joint 
     resolution) at the end of 20 calendar days after the 
     submission or publication date defined under subsection 
     (b)(2), such committee may be discharged from further 
     consideration of such joint resolution upon a petition 
     supported in writing by 30 Members of the Senate, and such 
     joint resolution shall be placed on the appropriate calendar.
       ``(d)(1) In the Senate, when the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged (under subsection (c)) from further consideration 
     of, a joint resolution described in subsection (a), it is at 
     any time thereafter in order (even though a previous motion 
     to the same effect has been disagreed to) for a motion 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 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 joint resolution shall remain 
     the unfinished business of the Senate until disposed of.
       ``(2) In the Senate, 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.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, 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 to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply:
       ``(1) The joint resolution of the other House shall not be 
     referred to a committee.
       ``(2) With respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(A) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(B) 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. 803. Special rule on statutory, regulatory, and 
       judicial deadlines

       ``(a) In the case of any deadline for, relating to, or 
     involving any rule which does not take effect (or the 
     effectiveness of which is terminated) because of enactment of 
     a joint resolution under section 802, that deadline is 
     extended until the date 1 year after the date of the joint 
     resolution. Nothing in this subsection shall be construed to 
     affect a deadline merely by reason of the postponement of a 
     rule's effective date under section 801(a).
       ``(b) The term `deadline' means any date certain for 
     fulfilling any obligation or exercising any authority 
     established by or under any Federal statute or regulation, or 
     by or under any court order implementing any Federal statute 
     or regulation.

     ``Sec. 804. Definitions

       ``(a) For purposes of this chapter--
       ``(1) The term `Federal agency' means any agency as that 
     term is defined in section 551(1) (relating to administrative 
     procedure).
       ``(2) The term ``major rule'' means any rule subject to 
     section 553(c) that has resulted in or is likely to result 
     in--
       ``(A) an annual effect on the economy of $100,000,000 or 
     more;
       ``(B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions; or
       ``(C) 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.
       ``(3) The term `final rule' means any final rule or interim 
     final rule.
       ``(b) As used in subsection (a)(3), the term `rule' has the 
     meaning given such term in section 551, except that such term 
     does not include 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 or any rule of 
     agency organization, personnel, procedure, practice or any 
     routine matter.

     ``Sec. 805. Judicial review

       ``No determination, finding, action, or omission under this 
     chapter shall be subject to judicial review.

     ``Sec. 806. Applicability; severability

       ``(a) This chapter shall apply notwithstanding any other 
     provision of law.
       ``(b) If any provision of this chapter or the application 
     of any provision of this chapter to any person or 
     circumstance, is held invalid, the application of such 
     provision to other persons or circumstances, and the 
     remainder of this chapter, shall not be affected thereby.

     ``Sec. 807. Exemption for monetary policy

       ``Nothing in this chapter shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.''.

     SEC. 302. EFFECTIVE DATE.

       The amendment made by section 301 shall take effect on the 
     date of enactment of this Act.

     SEC. 303. TECHNICAL AMENDMENT.

       The table of chapters for part I of title 5, United States 
     Code, is amended by inserting immediately after the item 
     relating to chapter 7 the following:

``8. Congressional Review of Agency Rulemaking...................801''.