[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 318-327]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 318]]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
Chapter 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
324 Sec. 801. Congressional review
(a)(1)(A) Before a rule can take effect, 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, including whether it is a major rule;
and
(iii) the proposed effective date of the
rule.
(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule
shall submit to the Comptroller General and make available
to each House of Congress--
(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 of a report submitted under
subparagraph (A), each House shall provide copies of the
report to the chairman and ranking member of each standing
committee with jurisdiction under the rules of the House of
Representatives or the Senate to report a bill to amend the
provision of law under which the rule is issued.
(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 15 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 on the latest of--
(A) the later of the date occurring 60 days
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, if so published;
[[Page 319]]
(B) if the Congress passes a joint
resolution of disapproval described in 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 shall not take effect (or continue), if
the Congress enacts a joint resolution of disapproval,
described under section 802, of the rule.
(2) A 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 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 subsection (a)(3) 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 any 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 for which a report was submitted in accordance with
subsection (a)(1)(A) during the period beginning on the date
occurring--
(A) in the case of the Senate, 60 session
days, or
(B) in the case of the House of
Representatives, 60 legislative 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.
[[Page 320]]
(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) on--
(I) in the case of the Senate, the 15th
session day, or
(II) in the case of the House of
Representatives, the 15th legislative day,
after the succeeding session of 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 rule can take
effect.
(3) A rule described under paragraph (1) shall take
effect as otherwise provided by law (including other
subsections of this section).
(e)(1) For purposes of this subsection, section 802
shall also apply to any major rule promulgated between March
1, 1996, and the date of the enactment of this chapter.
(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 on the date of enactment of this
chapter; 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 respecting a rule, 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. (Pub.
L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 110 Stat.
868.)
325 Sec. 802. Congressional disapproval procedure
(a) For purposes of this section, the term ``joint
resolution'' means only a joint resolution introduced in the
period beginning on the date on which the report referred to
in section 801(a)(1)(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 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).
(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 the later of the date on which--
(A) the Congress receives the report
submitted under section 801(a)(1); or
(B) the rule is published in the Federal
Register, if so published.
[[Page 321]]
(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 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) In the Senate the procedure specified in subsection
(c) or (d) shall not apply to the consideration of a joint
resolution respecting a rule--
(1) after the expiration of the 60 session
days beginning with the applicable submission or
publication date, or
(2) if the report under section 801(a)(1)(A)
was submitted during the period referred to in
section 801(d)(1), after the expiration of the
60 session days beginning on the 15th session
day after the succeeding session of Congress
first convenes.
(f) 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--
[[Page 322]]
(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.
(g) 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. (Pub. L. 104-121,
Title II, Sec. 251, Mar. 29, 1996, 110 Stat.
871.)
326 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 enactment
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. (Pub. L. 104-121, Title II, Sec. 251,
Mar. 29, 1996, 110 Stat. 873.)
327 Sec. 804. Definitions
For purposes of this chapter--
(1) The term ``Federal agency'' means any
agency as that term is defined in section
551(1).
(2) The term ``major rule'' means any rule
that the Administrator of the Office of
Information and Regulatory Affairs of the Office
of Management and Budget finds 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.
The term does not include any rule promulgated under
the Telecommunications Act of 1996 and the
amendments made by that Act.
(3) The term ``rule'' has the meaning given
such term in section 551, except that such term
does not include--
[[Page 323]]
(A) any rule of particular
applicability, including a rule that
approves or prescribes for the future rates,
wages, prices, services, or allowances
therefor, corporate or financial structures,
reorganizations, mergers, or acquisitions
thereof, or accounting practices or
disclosures bearing on any of the foregoing;
(B) any rule relating to agency
management or personnel; or
(C) any rule of agency organization,
procedure, or practice that does not
substantially affect the rights or
obligations of non-agency parties. (Pub. L.
104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 873.)
328 Sec. 805. Judicial review.
No determination, finding, action, or omission under
this chapter shall be subject to judicial review. (Added
Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 110
Stat. 873.)
Chapter 9--EXECUTIVE REORGANIZATION
329 Sec. 903. Reorganization plans
(a) Whenever the President, after investigation, finds
that changes in the organization of agencies are necessary
to carry out any policy set forth in section 901(a) of this
title, he shall prepare a reorganization plan specifying the
reorganizations he finds are necessary. Any plan may provide
for--
(1) the transfer of the whole or a part of
an agency, or of the whole or a part of the
functions thereof, to the jurisdiction and
control of another agency;
(2) the abolition of all or a part of the
functions of an agency, except that no
enforcement function or statutory program shall
be abolished by the plan;
(3) the consolidation or coordination of the
whole or a part of an agency, or of the whole or
a part of the functions thereof, with the whole
or a part of another agency or the functions
thereof;
(4) the consolidation or coordination of
part of an agency or the functions thereof with
another part of the same agency or the functions
thereof;
(5) the authorization of an officer to
delegate any of his functions; or
(6) the abolition of the whole or a part of
an agency which agency or part does not have, or
on the taking effect of the reorganization plan
will not have, any functions.
The President shall transmit the plan (bearing an
identification number) to the Congress together with a
declaration that, with respect to each reorganization
included in the plan, he has found that the reorganization
is necessary to carry out any policy set forth in section
901(a) of this title.
(b) The President shall have a reorganization plan
delivered to both Houses on the same day and to each House
while it is in session, except that no more than three plans
may be pending before the Congress at one time. In his
message transmitting a reorganization plan, the President
shall specify with respect to each abolition of a function
included in the plan the statutory authority for the
exercise of the function. The message shall also estimate
any reduction or increase
[[Page 324]]
in expenditures (itemized so far as practicable), and
describe any improvements in management, delivery of Federal
services, execution of the laws, and increases in efficiency
of Government operations, which it is expected will be
realized as a result of the reorganizations included in the
plan. In addition, the President's message shall include an
implementation section which shall (1) describe in detail
(A) the actions necessary or planned to complete the
reorganization, (B) the anticipated nature and substance of
any orders, directives, and other administrative and
operational actions which are expected to be required for
completing or implementing the reorganization, and (C) any
preliminary actions which have been taken in the
implementation process, and (2) contain a projected
timetable for completion of the implementation process. The
President shall also submit such further background or other
information as the Congress may require for its
consideration of the plan.
(c) Any time during the period of 60 calendar days of
continuous session of Congress after the date on which the
plan is transmitted to it, but before any resolution
described in section 909 has been ordered reported in either
House, the President may make amendments or modifications to
the plan, consistent with sections 903-905 of this title,
which modifications or revisions shall thereafter be treated
as a part of the reorganization plan originally transmitted
and shall not affect in any way the time limits otherwise
provided for in this chapter. The President may withdraw the
plan any time prior to the conclusion of 90 calendar days of
continuous session of Congress following the date on which
the plan is submitted to Congress. (Pub. L. 89-554, Sept. 6,
1966, 80 Stat. 394; Pub. L. 90-83, Sec. 1(99), Sept. 11,
1967, 81 Stat. 220; Pub. L. 92-179, Sec. 2, Dec. 10, 1971,
85 Stat. 574; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat.
30; Pub. L. 98-614, Sec. Sec. 3(b)(1), (2), 4, Nov. 8, 1984,
98 Stat. 3192 , 3193.)
* * * * * * *
330 Sec. 906. Effective date and publication of reorganization
plans
(a) Except as provided under subsection (c) of this
section, a reorganization plan shall be effective upon
approval by the President of a resolution (as defined in
section 909) with respect to such plan, if such resolution
is passed by the House of Representatives and the Senate,
within the first period of 90 calendar days of continuous
session of Congress after the date on which the plan is
transmitted to Congress. Failure of either House to act upon
such resolution by the end of such period shall be the same
as disapproval of the resolution.
(b) For the purpose of this chapter--
(1) continuity of session is broken only by
an adjournment of Congress sine die; and
(2) the days on which either House is not in
session because of an adjournment of more than
three days to a day certain are excluded in the
computation of any period of time in which
Congress is in continuous session.
(c) Under provisions contained in a reorganization plan,
any provision thereof may be effective at a time later than
the date on which the plan otherwise is effective.
(d) A reorganization plan which is effective shall be
printed (1) in the Statutes at Large in the same volume as
the public laws and (2) in the Federal Register. (Pub. L.
89-554, Sept. 6, 1966, 80 Stat. 396;
[[Page 325]]
Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 32; Pub. L.
98-614, Sec. 3(a), Nov. 8, 1984, 98 Stat. 3192.)
* * * * * * *
331 Sec. 908. Rules of Senate and House of Representatives on
reorganization plans
Sections 909 through 912 of this title are enacted by
Congress--
(1) as an exercise of the rulemaking power
of the Senate and the House of Representatives,
respectively, and as such they are 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
resolutions with respect to any reorganization
plans transmitted to Congress (in accordance
with section 903(b) of this chapter 1) on or
before December 31, 1984; and they supersede
other rules only to the extent that they are
inconsistent therewith; 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. (Pub. L. 89-554, Sept.
6, 1966, 80 Stat. 397; Pub. L. 95-17, Sec. 2,
Apr. 6, 1977, 91 Stat. 33; Pub. L. 98-614,
Sec. 2(b), Nov. 8, 1984, 98 Stat. 3192.)
332 Sec. 909. Terms of resolution
For the purpose of sections 908 through 912 of this
title, ``resolution'' means only a joint resolution of the
Congress, the matter after the resolving clause of which is
as follows: ``That the Congress approves the reorganization
plan numbered ___ transmitted to the Congress by the
President on _____, 19__.'', and includes such modifications
and revisions as are submitted by the President under
section 903(c) of this chapter. The blank spaces therein are
to be filled appropriately. The term does not include a
resolution which specifies more than one reorganization
plan. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 397; Pub. L.
95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 33; Pub. L. 98-614,
Sec. 3(c), Nov. 8, 1984, 98 Stat. 3192.)
333 Sec. 910. Introduction and reference of resolution
(a) No later than the first day of session following the
day on which a reorganization plan is transmitted to the
House of Representatives and the Senate under section 903, a
resolution, as defined in section 909, shall be introduced
(by request) in the House by the chairman of the Government
Operations Committee of the House, or by a Member or Members
of the House designated by such chairman; and shall be
introduced (by request) in the Senate by the chairman of the
Governmental Affairs Committee of the Senate, or by a Member
or Members of the Senate designated by such chairman.
(b) A resolution with respect to a reorganization plan
shall be referred to the Committee on Governmental Affairs
of the Senate and the Committee on Government Operations of
the House (and all resolutions with respect to the same plan
shall be referred to the same committee) by the President of
the Senate or the Speaker of the House of Representatives,
as the case may be. The committee shall make its
recommendations to the House of Representatives or the
Senate, respectively, within 75 calendar days of continuous
session of Congress following the date
[[Page 326]]
of such resolution's introduction. (Pub. L. 89-554, Sept. 6,
1966, 80 Stat. 397; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91
Stat. 33; Pub. L. 98-614, Sec. 3(b)(3), Nov. 8, 1984, 98
Stat. 3192.)
334 Sec. 911. Discharge of committee considering resolution
If the committee to which is referred a resolution
introduced pursuant to subsection (a) of section 910 (or, in
the absence of such a resolution, the first resolution
introduced with respect to the same reorganization plan) has
not reported such resolution or identical resolution at the
end of 75 calendar days of continuous session of Congress
after its introduction, such committee shall be deemed to be
discharged from further consideration of such resolution and
such resolution shall be placed on the appropriate calendar
of the House involved. (Pub. L. 89-554, Sept. 6, 1966, 80
Stat. 397; Pub. L. 92-179, Sec. 5, Dec. 10, 1971, 85 Stat.
576; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 34; Pub.
L. 98-614, Sec. 3(b)(4), Nov. 8, 1984, 98 Stat. 3192.)
335 Sec. 912. Procedure after report or discharge of committee;
debate; vote on final passage
(a) When the committee has reported, or has been deemed
to be discharged (under section 911) from further
consideration of, a resolution with respect to a
reorganization plan, it is at any time thereafter in order
(even though a previous motion to the same effect has been
disagreed to) for any Member of the respective House to move
to proceed to the consideration of the resolution. The
motion is highly privileged and is not debatable. The motion
shall not be subject to amendment, or to a motion to
postpone, or a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in order.
If a motion to proceed to the consideration of the
resolution is agreed to, the resolution shall remain the
unfinished business of the respective House until disposed
of.
(b) Debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be
limited to not more than ten hours, which shall be divided
equally between individuals favoring and individuals
opposing the 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 resolution is
not in order. A motion to reconsider the vote by which the
resolution is passed or rejected shall not be in order.
(c) Immediately following the conclusion of the debate
on the resolution with respect to a reorganization plan, and
a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the appropriate
House, the vote on final passage of the resolution shall
occur.
(d) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a resolution with respect to a reorganization
plan shall be decided without debate.
(e) If, prior to the passage by one House of a
resolution of that House, that House receives a resolution
with respect to the same reorganization plan from the other
House, then--
[[Page 327]]
(1) the procedure in that House shall be the
same as if no resolution had been received from
the other House; but
(2) the vote on final passage shall be on
the resolution of the other House. (Pub. L. 89-
554, Sept. 6, 1966, 80 Stat. 398; Pub. L. 95-17,
Sec. 2, Apr. 6, 1977, 91 Stat. 34; Pub. L. 98-
614, Sec. 3(d)(e(1), (2), Nov. 8, 1984, 98 Stat.
3193.)
8 u.s.c.--the aliens and nationality
united states senate procedures enacted in law