[Congressional Record Volume 142, Number 28 (Tuesday, March 5, 1996)]
[House]
[Pages H1716-H1718]
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. Sanders

        (Page and line number references are to Amendment No. 1)

       Amendment No. 2: Page 5, line 16, insert before the period 
     the following: ``especially small entities employing 50 or 
     fewer employees''.

                                H.R. 994

                        Offered By: Mr. Sanders

        (Page and line number references are to Amendment No. 1)

       Amendment No. 3: Page 15, line 17, strike ``functional 
     interrelations'' and insert ``functional interrelationships 
     (including the relationship of rules which affect business 
     entities employing 50 or fewer employees)''.

                                H.R. 994

                   Offered By: Mr. Smith of Michigan

       Amendment No. 4: Strike title III and insert the following:

 TITLE III--REQUIREMENT FOR CONGRESSIONAL APPROVAL OF SIGNIFICANT RULES

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Significant Regulation 
     Oversight Act of 1996''.

     SEC. 302. FINDING AND PURPOSE.

       (a) Finding.--The Congress finds that oversight of 
     significant rules will be enhanced if they are subject to 
     congressional review and approval after being proposed by an 
     agency.
       (b) Purpose.--The purpose of this title is to ensure that 
     before a significant rule takes effect--
       (1) Congress is given an adequate opportunity to review the 
     rule and ensure that it is in accordance with the intent of 
     Congress in enacting the law under which the rule is 
     proposed; and
       (2) Congress approves the rule in accordance with the 
     procedures established by this title.

     SEC. 303. REVIEW OF SIGNIFICANT RULES BY CONGRESS.

       (a) Congressional Approval of Significant Rules Required.--
     A significant rule shall not take effect before the date of 
     the enactment of a joint resolution described in section 
     304(a) comprised solely of the text of the significant rule.
       (b) Reporting and Review of Significant Rules.--(1) Before 
     a proposed significant rule would take effect as a final 
     rule, the agency proposing the rule shall submit to each 
     House of Congress a report containing the following:
       (A) A copy of the proposed significant rule.
       (B) A concise summary of the proposed significant rule, its 
     purpose, and anticipated effects.
       (C) A complete copy of any cost-benefit analysis report 
     that has been prepared by the agency with respect to the 
     proposed significant rule.
       (D) An explanation of the specific statutory interpretation 
     under which a rule is proposed, including an explanation of--
       (i) whether the interpretation is expressly required by the 
     text of the statute; or

[[Page H1717]]

       (ii) if the interpretation is not expressly required by the 
     text of the statute, an explanation that the interpretation 
     is within the range of permissible interpretations of the 
     statute as identified by the agency, and an explanation why 
     the interpretation selected by the agency is the agency's 
     preferred interpretation.
       (E) Any other relevant information or requirements under 
     any other Act and any relevant Executive order.
       (2) Upon receipt of a report under paragraph (1), each 
     House of Congress shall provide a copy of the report to the 
     Chairman and ranking minority party member of each committee 
     with jurisdiction over the subject matter of the report.
       (c) No Inference To Be Drawn Where Congress Fails To 
     Approve.--If Congress fails to enact a joint resolution 
     approving a proposed significant rule, no court or agency may 
     infer any intent of Congress from any action or inaction of 
     Congress with regard to such rule or related statute.

     SEC. 304. CONGRESSIONAL APPROVAL PROCEDURE FOR SIGNIFICANT 
                   RULES.

       (a) Introduction.--Not later than 3 legislative days after 
     the date on which an agency submits a report under section 
     303(b) containing the text of any proposed significant rule, 
     the majority leader of each House of the Congress shall 
     introduce (by request) a joint resolution comprised solely of 
     the text of that significant rule. If the joint resolution is 
     not introduced in either House as provided in the 
     preceding sentence, than any Member of that House may 
     introduce the joint resolution.
       (b) Referral and Consideration.--The joint resolution shall 
     be referred to the appropriate committee of the House in 
     which it is introduced. The committee may report the joint 
     resolution without substantive revision and with or without 
     recommendation or with an adverse recommendation, or the 
     committee may vote not to report the joint resolution. If the 
     committee votes to order the joint resolution reported, it 
     shall be reported not later than the end of the period (not 
     to exceed 45 legislative days) established for consideration 
     of the joint resolution by the Speaker of the House of 
     Representatives or the majority leader of the Senate, as the 
     case may be. Except in the case of a joint resolution which a 
     committee votes not to report, a committee failing to report 
     a joint resolution within such period shall be automatically 
     discharged from consideration of the joint resolution, and it 
     shall be placed on the appropriate calendar.
       (2) A vote on final passage of the joint resolution shall 
     be taken in that House on or before the close of the 90th 
     legislative day after the date of the introduction of the 
     joint resolution in that House.
       (3)(A) A motion in the House of Representatives to proceed 
     to the consideration of a joint resolution under this section 
     shall be highly privileged and not debatable. An amendment to 
     the motion shall not be in order, nor shall it be in order to 
     move to reconsider the vote by which the motion is agreed to 
     or disagreed to.
       (B) Debate in the House of Representatives on a joint 
     resolution under this section shall be limited to not more 
     than 4 hours, which shall be divided equally between those 
     favoring and those opposing the joint resolution. A motion 
     further to limit debate shall not be debatable. It shall not 
     be in order to move to recommit a joint resolution under this 
     section or to move to reconsider the vote by which the joint 
     resolution is agreed to or disagreed to.
       (C) All appeals from the decisions of the chair relating to 
     the application of the Rules of the House of Representatives 
     to the procedure relating to a joint resolution under this 
     section shall be decided without debate.
       (D) Except to the extent specifically provided in the 
     preceding provisions of this subsection, consideration of a 
     joint resolution under this section shall be governed by the 
     Rules of the House of Representatives applicable to other 
     joint resolutions in similar circumstances.
       (4)(A) A motion in the Senate to proceed to the 
     consideration of a joint resolution under this section shall 
     be privileged and not debatable. An amendment to the motion 
     shall not be in order, nor shall it be in order to move to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to.
       (B) Debate in the Senate on a joint resolution under this 
     section, and all debatable motions and appeals in connection 
     therewith, shall be limited to not more than 10 hours. The 
     time shall be equally divided between, and controlled by, the 
     majority leader and the minority leader or their designees.
       (C) Debate in the Senate on any debatable motion or appeal 
     in connection with a joint resolution under this section 
     shall be limited to not more than 1 hour, to be equally 
     divided between, and controlled by, the mover and the manager 
     of the joint resolution, except that in the event the manager 
     of the joint resolution is in favor of any such motion or 
     appeal, the time in opposition thereto, shall be controlled 
     by the minority leader or his designee. Such leaders, or 
     either of them, may, from time under their control on the 
     passage of a joint resolution, allot additional time to any 
     Senator during the consideration of any debatable motion or 
     appeal.
       (D) A motion in the Senate to further limit debate on a 
     joint resolution under this section is not debatable. A 
     motion to recommit a joint resolution under this section 
     is not in order.
       (c) Amendments Prohibited.--No amendment to a joint 
     resolution considered under this section shall be in order in 
     either the House of Representatives or the Senate. No motion 
     to suspend the application of this subsection shall be in 
     order in either House, nor shall it be in order in either 
     House for the presiding officer to entertain a request to 
     suspend the application of this subsection by unanimous 
     consent.
       (d) Treatment if the Other House Has Acted.--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) 
     comprised of the same text, that:
       (1) The procedure in that House shall be the same as if no 
     joint resolution had been received from the other House.
       (2) The vote on final passage shall be on the joint 
     resolution of the other House.
       (e) Constitutional Authority.--This section is enacted by 
     Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the 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. 305. EXISTING RULES.

       (a) General.--Any existing rule may be revised or revoked 
     in accordance with this section if a petition for review so 
     requests.
       (b) Introduction.--If a petition for review is filed with 
     the Clerk of the House of Representatives or the Secretary of 
     the Senate, the Clerk or the Secretary shall determine 
     whether the petition meets the requirements of subsection 
     (d). If the Clerk or the Secretary determines that a petition 
     meets those requirements, he or she shall notify the majority 
     leader of that House. The majority leader so notified shall, 
     within 3 legislative days, introduce a joint resolution (by 
     request) that makes the revision or revocation of existing 
     rules proposed by the petition upon the enactment of that 
     joint resolution. If the joint resolution is not introduced 
     as provided in the preceding sentence, then any Member of 
     that House may introduce the joint resolution.
       (c) Procedures for Consideration in the House of 
     Representatives and the Senate.--Any joint resolution 
     introduced under subsection (b) shall be considered in the 
     House of Representatives and the Senate in accordance with 
     the procedures respecting a joint resolution set forth in 
     section 304.
       (d) Petitions for Review.--A petition for review under 
     subsection (a) shall contain the following:
       (1) Any rule affected by the petition and the contents of 
     that rule as it would exist if a joint resolution revising or 
     revoking that rule pursuant to the petition were enacted.
       (2) For a petition in the Senate, the signatures of 30 
     Senators, or for a petition in the House of Representatives, 
     the signatures of 120 Members.

     SEC. 306. DEFINITIONS.

       For purposes of this title:
       (1) Agency.--The term ``agency'' has the meaning given that 
     term in section 551 of title 5, United States Code (relating 
     to administrative procedure).
       (2) Rule.--(A) The term ``rule'' has the meaning given such 
     term by section 551 of title 5, United States Code, except 
     that such term does not include--
       (i) any rule of particular applicability including a rule 
     that approves or prescribes--
       (I) future rates, wages, prices, services, or allowances 
     therefor,
       (II) corporate or financial structures, reorganizations, 
     mergers, or acquisitions thereof, or
       (III) accounting practices or disclosures bearing on any of 
     the foregoing, or
       (ii) any rule of agency organization, personnel, procedure, 
     practice, or any routine matter.
       (B) The term ``final rule'' means any final rule or interim 
     final rule.
       (3) Significant rule.--The term ``significant rule'' means 
     any rule proposed by an agency that is specified or described 
     as such in the Act that authorizes the rule.

     SEC. 307. EXEMPTION FOR MONETARY POLICY.

       Nothing in this title applies to any rule concerning 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.

                                H.R. 994

                       Offered By: Mr. Traficant

        (Page and line number references are to Amendment No. 1)

       Amendment No. 5: Page 33, line 17, strike ``and'', in line 
     21 strike the period and insert ``; and'', and after line 21 
     insert the following:
       (vii) regulations or other agency statements that impose 
     trade sanctions against any country that engages in illegal 
     trade activities against the United States that are injurious 
     to American technology, jobs, pensions, or general economic 
     well-being.

[[Page H1718]]

                                H.R. 994

                       Offered By: Mr. Traficant

        (Page and line number references are to Amendment No. 1)

       Amendment No. 6: Page 33, line 17, strike ``and'', in line 
     21 strike the period and insert ``; and'', and after line 21 
     insert the following:
       (vii) regulations or other agency statements that ensure 
     the collection of taxes from a subsidiary of a foreign 
     company doing business in the United States.

                                H.R. 994

                       Offered By: Mr. Traficant

        (Page and line number references are to Amendment No. 1)

       Amendment No. 7: Page 33, line 17, strike ``and'', in line 
     21 strike the period and insert ``; and'', and after line 21 
     insert the following:
       (vii) regulations or other agency statements that protect 
     the health and safety of the American worker.