I

104TH CONGRESS

2D SESSION H. R. 2990

To require congressional approval of proposed rules considered by the

Congress to be significant rules.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 28, 1996

Mr. SMITH of Michigan introduced the following bill; which was referred to

the Committee on the Judiciary, and in addition to the Committee on

Rules, 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 require congressional approval of proposed rules

considered by the Congress to be significant rules.

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 ‘‘Significant Regulation

5 Oversight Act of 1996’’.

6 SEC. 2. FINDING AND PURPOSE.

7 (a) FINDING.—The Congress finds that oversight of

8 significant rules will be enhanced if they are subject to
2

•HR 2990 IH

1 congressional review and approval after being proposed by

2 an agency.

3 (b) PURPOSE.—The purpose of this Act is to ensure

4 that before a significant rule takes affect—

5 (1) Congress is given an adequate opportunity

6 to review the rule and ensure that it is in accordance

7 with the intent of Congress in enacting the law

8 under which the rule is proposed; and

9 (2) Congress approves the rule in accordance

10 with the procedures established by this Act.

11 SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS.

12 (a) CONGRESSIONAL APPROVAL OF SIGNIFICANT

13 RULES REQUIRED.—A significant rule shall not take ef14 fect before the date of the enactment of a joint resolution

15 described in section 4(a) comprised solely of the text of

16 the significant rule.

17 (b) REPORTING AND REVIEW OF SIGNIFICANT

18 RULES.—(1) Before a proposed significant rule would

19 take effect as a final rule, the agency proposing the rule

20 shall submit to each House of Congress a report contain21 ing the following:

22 (A) A copy of the proposed significant rule.

23 (B) A concise summary of the proposed signifi24 cant rule, its purpose, and anticipated effects.
3

•HR 2990 IH

1 (C) A complete copy of any cost-benefit analysis

2 report that has been prepared by the agency with re3 spect to the proposed significant rule.

4 (D) An explanation of the specific statutory in5 terpretation under which a rule is proposed, includ6 ing an explanation of—

7 (i) whether the interpretation is expressly

8 required by the text of the statute; or

9 (ii) if the interpretation is not expressly re10 quired by the text of the statute, an explanation

11 that the interpretation is within the range of

12 permissible interpretations of the statute as

13 identified by the agency, and an explanation

14 why the interpretation selected by the agency is

15 the agency’s preferred interpretation.

16 (E) Any other relevant information or require17 ments under any other Act and any relevant Execu18 tive order.

19 (2) Upon receipt of a report under paragraph (1),

20 each House of Congress shall provide a copy of the report

21 to the Chairman and ranking minority party member of

22 each committee with jurisdiction over the subject matter

23 of the report.

24 (c) NO INFERENCE TO BE DRAWN WHERE CON25 GRESS FAILS TO APPROVE.—If Congress fails to enact
4

•HR 2990 IH

1 a joint resolution approving a proposed significant rule,

2 no court or agency may infer any intent of Congress from

3 any action or inaction of Congress with regard to such

4 rule or related statute.

5 SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIG6 NIFICANT RULES.

7 (a) INTRODUCTION.—Not later than 3 legislative

8 days after the date on which an agency submits a report

9 under section 3(b) containing the text of any proposed sig10 nificant rule, the majority leader of each House of the

11 Congress shall introduce (by request) a joint resolution

12 comprised solely of the text of that significant rule. If the

13 joint resolution is not introduced in either House as pro14 vided in the preceding sentence, then any Member of that

15 House may introduce the joint resolution.

16 (b) REFERRAL AND CONSIDERATION.—(1) The joint

17 resolution shall be referred to the appropriate committee

18 of the House in which it is introduced. The committee may

19 report the joint resolution without substantive revision and

20 with or without recommendation or with an adverse rec21 ommendation, or the committee may vote not to report

22 the joint resolution. If the committee votes to order the

23 joint resolution reported, it shall be reported not later than

24 the end of the period (not to exceed 45 legislative days)

25 established for consideration of the joint resolution by the
5

•HR 2990 IH

1 Speaker of the House of Representatives or the majority

2 leader of the Senate, as the case may be. Except in the

3 case of a joint resolution which a committee votes not to

4 report, a committee failing to report a joint resolution

5 within such period shall be automatically discharged from

6 consideration of the joint resolution, and it shall be placed

7 on the appropriate calendar.

8 (2) A vote on final passage of the joint resolution

9 shall be taken in that House on or before the close of the

10 90th legislative day after the date of the introduction of

11 the joint resolution in that House.

12 (3)(A) A motion in the House of Representatives to

13 proceed to the consideration of a joint resolution under

14 this section shall be highly privileged and not debatable.

15 An amendment to the motion shall not be in order, nor

16 shall it be in order to move to reconsider the vote by which

17 the motion is agreed to or disagreed to.

18 (B) Debate in the House of Representatives on a

19 joint resolution under this section shall be limited to not

20 more than 4 hours, which shall be divided equally between

21 those favoring and those opposing the joint resolution. A

22 motion further to limit debate shall not be debatable. It

23 shall not be in order to move to recommit a joint resolution

24 under this section or to move to reconsider the vote by

25 which the joint resolution is agreed to or disagreed to.
6

•HR 2990 IH

1 (C) All appeals from the decisions of the chair relat2 ing to the application of the Rules of the House of Rep3 resentatives to the procedure relating to a joint resolution

4 under this section shall be decided without debate.

5 (D) Except to the extent specifically provided in the

6 preceding provisions of this subsection, consideration of a

7 joint resolution under this section shall be governed by the

8 Rules of the House of Representatives applicable to other

9 joint resolutions in similar circumstances.

10 (4)(A) A motion in the Senate to proceed to the con11 sideration of a joint resolution under this section shall be

12 privileged and not debatable. An amendment to the motion

13 shall not be in order, nor shall it be in order to move to

14 reconsider the vote by which the motion is agreed to or

15 disagreed to.

16 (B) Debate in the Senate on a joint resolution under

17 this section, and all debatable motions and appeals in con18 nection therewith, shall be limited to not more than 10

19 hours. The time shall be equally divided between, and con20 trolled by, the majority leader and the minority leader or

21 their designees.

22 (C) Debate in the Senate on any debatable motion

23 or appeal in connection with a joint resolution under this

24 section shall be limited to not more than 1 hour, to be

25 equally divided between, and controlled by, the mover and
7

•HR 2990 IH

1 the manager of the joint resolution, except that in the

2 event the manager of the joint resolution is in favor of

3 any such motion or appeal, the time in opposition thereto,

4 shall be controlled by the minority leader or his designee.

5 Such leaders, or either of them, may, from time under

6 their control on the passage of a joint resolution, allot ad7 ditional time to any Senator during the consideration of

8 any debatable motion or appeal.

9 (D) A motion in the Senate to further limit debate

10 on a joint resolution under this section is not debatable.

11 A motion to recommit a joint resolution under this section

12 is not in order.

13 (c) AMENDMENTS PROHIBITED.—No amendment to

14 a joint resolution considered under this section shall be

15 in order in either the House of Representatives or the Sen16 ate. No motion to suspend the application of this sub17 section shall be in order in either House, nor shall it be

18 in order in either House for the presiding officer to enter19 tain a request to suspend the application of this subsection

20 by unanimous consent.

21 (d) TREATMENT IF THE OTHER HOUSE HAS

22 ACTED.—If, before the passage by one House of a joint

23 resolution of that House described in subsection (a), that

24 House receives from the other House a joint resolution
8

•HR 2990 IH

1 described in subsection (a) comprised of the same text,

2 then:

3 (1) The procedure in that House shall be the

4 same as if no joint resolution had been received from

5 the other House.

6 (2) The vote on final passage shall be on the

7 joint resolution of the other House.

8 (e) CONSTITUTIONAL AUTHORITY.—This section is

9 enacted by Congress—

10 (1) as an exercise of the rulemaking power of

11 the Senate and the House of Representatives, re12 spectively, and as such it is deemed a part of the

13 rules of each House, respectively, but applicable only

14 with respect to the procedure to be followed in that

15 House in the case of a joint resolution described in

16 subsection (a), and it supersedes other rules only to

17 the extent that it is inconsistent with such rules; and

18 (2) with full recognition of the constitutional

19 right of either House to change the rules (so far as

20 relating to the procedure of that House) at any time,

21 in the same manner, and to the same extent as in

22 the case of any other rule of that House.
9

•HR 2990 IH

1 SEC. 5. EXISTING RULES.

2 (a) GENERAL.—Any existing rule may be revised or

3 revoked in accordance with this section if a petition for

4 review so requests.

5 (b) INTRODUCTION.—If a petition for review is filed

6 with the Clerk of the House of Representatives or the Sec7 retary of the Senate, the Clerk or the Secretary shall de8 termine whether the petition meets the requirements of

9 subsection (d). If the Clerk or the Secretary determines

10 that a petition meets those requirements, he or she shall

11 notify the majority leader of that House. The majority

12 leader so notified shall, within 3 legislative days, introduce

13 a joint resolution (by request) that makes the revision or

14 revocation of existing rules proposed by the petition upon

15 the enactment of that joint resolution. If the joint resolu16 tion is not introduced as provided in the preceding sen17 tence, then any Member of that House may introduce the

18 joint resolution.

19 (c) PROCEDURES FOR CONSIDERATION IN THE

20 HOUSE OF REPRESENTATIVES AND THE SENATE.—Any

21 joint resolution introduced under subsection (b) shall be

22 considered in the House of Representatives and the Senate

23 in accordance with the procedures respecting a joint reso24 lution set forth in section 4.

25 (d) PETITIONS FOR REVIEW.—A petition for review

26 under subsection (a) shall contain the following:
10

•HR 2990 IH

1 (1) Any rule affected by the petition and the

2 contents of that rule as it would exist if a joint reso3 lution revising or revoking that rule pursuant to the

4 petition were enacted.

5 (2) For a petition in the Senate, the signatures

6 of 30 Senators, or for a petition in the House of

7 Representatives, the signatures of 120 Members.

8 SEC. 6. DEFINITIONS.

9 For purposes of this Act:

10 (1) AGENCY.—The term ‘‘agency’’ has the

11 meaning given that term in section 551 of title 5,

12 United States Code (relating to administrative pro13 cedure).

14 (2) RULE.—(A) The term ‘‘rule’’ has the mean15 ing given such term by section 551 of title 5, United

16 States Code, except that such term does not in17 clude—

18 (i) any rule of particular applicability in19 cluding a rule that approves or prescribes—

20 (I) future rates, wages, prices, serv21 ices, or allowances therefor,

22 (II) corporate or financial structures,

23 reorganizations, mergers, or acquisitions

24 thereof, or
11

•HR 2990 IH

1 (III) accounting practices or disclo2 sures bearing on any of the foregoing, or

3 (ii) any rule of agency organization, per4 sonnel, procedure, practice, or any routine mat5 ter.

6 (B) The term ‘‘final rule’’ means any final rule

7 or interim final rule.

8 (3) SIGNIFICANT RULE.—The term ‘‘significant

9 rule’’ means any rule proposed by an agency that is

10 specified or described as such in the Act that au11 thorizes the rule.

12 SEC. 7. EXEMPTION FOR MONETARY POLICY.

13 Nothing in this Act applies to any rule concerning

14 monetary policy proposed or implemented by the Board

15 of Governors of the Federal Reserve System or the Fed16 eral Open Market Committee.

Æ