I 

108TH CONGRESS 

1ST SESSION H. R. 2542

To amend chapter 8 of title 5, United States Code, to establish the Joint 

Committee on Agency Rule Review. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2003

Mr. NEY introduced the following bill; which was referred to the Committee 

on Rules, and in addition to the Committee on the Judiciary, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL

To amend chapter 8 of title 5, United States Code, to 

establish the Joint Committee on Agency Rule Review.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Joint Committee on 

5 Agency Rule Review Act of 2003’’ or the ‘‘JCARR Act’’. 

6 SEC. 2. ESTABLISHMENT OF A JOINT COMMITTEE ON 

7 AGENCY RULE REVIEW. 

8 Section 802 of title 5, United States Code, is amend9 ed by redesignating subsection (g) as subsection (i) and 
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1 by inserting before subsection (i) the following new sub2 section: 

3 ‘‘(h)(1) There is established a Joint Committee on 

4 Agency Rule Review to be composed of 12 Members of 

5 the Senate to be appointed by the majority leader of the 

6 Senate and 12 Members of the House of Representatives 

7 to be appointed by the Speaker of the House of Represent8 atives. In each instance, not more than 7 Members shall 

9 be members of the same political party. 

10 ‘‘(2) In carrying out its duties under this chapter, 

11 the joint committee, or any duly authorized subcommittee 

12 thereof, is authorized to—

13 ‘‘(A) hold such hearings, to sit and act at such 

14 places and times within the United States during the 

15 sessions, recesses, and adjourned periods of Con16 gress; 

17 ‘‘(B) require the attendance of such witnesses 

18 and the production of such books, papers, and docu19 ments, administer such oaths, take such testimony, 

20 procure such printing and binding as it deems nec21 essary; and 

22 ‘‘(C) make such rules respecting its organiza23 tion and procedures as it deems necessary, but no 

24 bill shall be reported from the joint committee unless 

25 a majority of the committee assent. 
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1 ‘‘(3) The members of the joint committee who are 

2 Members of the Senate shall from time to time report to 

3 the Senate, and the members of the joint committee who 

4 are Members of the House of Representatives shall from 

5 time to time report to the House, by bill or otherwise, their 

6 recommendations with respect to matters within the juris7 diction of their respective Houses which are referred to 

8 the joint committee or otherwise within the jurisdiction of 

9 the joint committee. 

10 ‘‘(4) Vacancies in the membership of the joint com11 mittee shall not affect the power of the remaining mem12 bers to execute the functions of the joint committee, and 

13 shall be filled in the same manner as in the case of the 

14 original selection. The joint committee shall select a chair15 man and a vice chairman from among its members at the 

16 beginning of each Congress. The vice chairman shall act 

17 in place of the chairman in the absence of the chairman. 

18 The chairmanship shall alternate between the Senate and 

19 the House of Representatives with each Congress, and the 

20 chairman shall be selected by the Members from that 

21 House entitled to the chairmanship. The vice chairman 

22 shall be chosen from the House other than that of the 

23 chairman by the Members from that House. 

24 ‘‘(5) The joint committee may appoint and fix the 

25 compensation of such staff as it deems necessary. 
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1 ‘‘(6)(A) Notwithstanding any law, rule, or other au2 thority, there shall be paid out of the applicable accounts 

3 of the House of Representatives such sums as may be nec4 essary for one-half of the expenses of the joint committee. 

5 Such payments shall be made on vouchers signed by the 

6 chairman or vice chairman of the joint committee who is 

7 a Member of the House of Representatives, as the case 

8 may be, and approved in the manner directed by the Com9 mittee on House Administration of the House of Rep10 resentatives. Amounts made available under this para11 graph shall be expended in accordance with regulations 

12 prescribed by the Committee on House Administration of 

13 the House of Representatives. 

14 ‘‘(B) (To be supplied by the Senate).’’. 

15 SEC. 3. CONSIDERATION IN THE HOUSE OF REPRESENTA16 TIVES AND THE SENATE. 

17 (a) HOUSE OF REPRESENTATIVES.—Section 802 of 

18 title 5, United States Code, is amended by redesignating 

19 subsection (f) as subsection (g) and by inserting after sub20 section (e) the following new subsection:

21 ‘‘(f)(1) In the House, after the third legislative day 

22 after the date on which the joint committee has reported 

23 a joint resolution described in subsection (a), it is in order 

24 for any Member of the House to move to proceed to con25 sideration of the joint resolution. All points of order 
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1 against the motion to proceed and against consideration 

2 of that motion are waived. The motion is privileged in the 

3 House and is not debatable. The motion is not subject to 

4 amendment, or to a motion to postpone, or to a motion 

5 to proceed to the consideration of other business. A motion 

6 to reconsider the vote by which the motion is agreed to 

7 or disagreed to shall not be in order. If a motion to pro8 ceed to the consideration of the joint resolution is agreed 

9 to, the House shall immediately proceed to consideration 

10 of the joint resolution without intervening motion (except 

11 one motion to adjourn), order, or other business. 

12 ‘‘(2)(A) In the House, debate shall be confined to the 

13 joint resolution and shall not exceed one hour equally di14 vided and controlled by a proponent and an opponent of 

15 the joint resolution. The previous question shall be consid16 ered as ordered on the joint resolution to final passage 

17 without intervening motion, except one motion to recom18 mit. A motion to reconsider the vote on passage of the 

19 joint resolution shall not be in order.’’. 

20 (b) SENATE.—The first sentence of section 802(d)(1) 

21 of title 5, United States Code, is amended by inserting 

22 ‘‘any Member of the Senate to make’’ before ‘‘a motion 

23 to proceed’’. 
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1 SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. 

2 (a) CONGRESSIONAL REVIEW.—Section 801(a) of 

3 title 5, United States Code, is amended—

4 (1) in paragraph (1)(A), by striking ‘‘each 

5 House of Congress’’ and inserting ‘‘the joint com6 mittee’’; 

7 (2) in paragraph (1)(B), by striking ‘‘each 

8 House of Congress’’ and inserting ‘‘the joint com9 mittee’’; 

10 (3) by amending paragraph (1)(C) to read as 

11 follows: 

12 ‘‘(C) Upon receipt of a report submitted under sub13 paragraph (A), the chairman or vice chairman of the joint 

14 committee shall provide copies of the report to the chair15 man and ranking member of each applicable standing 

16 committee with jurisdiction under the rules of the House 

17 of Representatives or the Senate of the subject matter of 

18 the provision of law under which the rule is issued.’’; 

19 (4) in paragraph (2)(A), by striking ‘‘commit20 tees of jurisdiction in each House of the Congress’’ 

21 and inserting ‘‘joint committee’’; 

22 (5) in paragraph (3)(A)(i), by striking ‘‘Con23 gress’’ and inserting ‘‘joint committee’’; and 

24 (6) in paragraph (4), by striking ‘‘Congress’’ 

25 and inserting ‘‘the joint committee’’. 
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1 (b) CONGRESSIONAL DISAPPROVAL PROCEDURE.—

2 Section 802 of title 5, United States Code, is amended—

3 (1) in subsection (a), by striking ‘‘Congress’’ 

4 the first place it appears and inserting ‘‘the joint 

5 committee’’; 

6 (2) by striking subsection (b) and inserting the 

7 following new subsection: 

8 ‘‘(b) For purposes of this section, the term ‘submis9 sion or publication date’ means the later of the date on 

10 which—

11 ‘‘(1) the joint committee receives the report 

12 submitted under section 801(a)(1); or 

13 ‘‘(2) the rule is published in the Federal Reg14 ister, if so published.’’; 

15 (3) in subsection (c), by striking ‘‘committee to 

16 which is referred a joint resolution described in sub17 section (a) has not reported such’’ and inserting 

18 ‘‘joint committee has not reported a’’; and 

19 (4) in subsection (d)(1), by striking ‘‘committee 

20 to which is referred a joint resolution is referred has 

21 reported’’ and inserting ‘‘joint committee’’ and by 

22 striking ‘‘a committee’’ and inserting ‘‘the joint com23 mittee’’. 
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1 (c) DEFINITIONS.—Section 804 of title 5, United 

2 States Code, is amended by adding at the end the fol3 lowing new paragraph: 

4 ‘‘(4) The term ‘joint committee’ refers to the 

5 Joint Committee on Agency Rule Review.’’. 

6 SEC. 5. EFFECTIVE DATE. 

7 This Act and the amendments made by it shall take 

8 effect at noon on January 3, 2005.

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