I 
109TH CONGRESS 
1ST SESSION H. R. 3148 
To amend chapter 8 of title 5, United States Code, to establish the Joint 
Administrative Procedures Committee. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005 
Ms. GINNY BROWN-WAITE of Florida (for herself, Mr. GREEN of Wisconsin, 
Mr. MARIO DIAZ-BALART of Florida, Mr. MCHENRY, Mr. FEENEY, Mr. 
KIRK, and Mr. FOLEY) introduced the following bill; which was referred 
to the Committee on Rules, and in addition to the Committee on the Ju-
diciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend chapter 8 of title 5, United States Code, to 
establish the Joint Administrative Procedures Committee. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Joint Administrative 
Procedures Committee Act of 2005’’ or the ‘‘JACP Act’’.
SEC. 2. ESTABLISHMENT OF A JOINT ADMINISTRATIVE 
PROCEDURES COMMITTEE. 
Section 802 of title 5, United States Code, is amend-
ed by redesignating subsection (g) as subsection (i) and 
by inserting before subsection (i) the following new sub-
section: 
‘‘(h)(1) There is established a Joint Administrative 
Procedures Committee to be composed of 12 Members of 
the Senate to be appointed by the majority leader of the 
Senate and 12 Members of the House of Representatives 
to be appointed by the Speaker of the House of Represent-
atives. In each instance, not more than 7 Members shall 
be members of the same political party. 
‘‘(2) In carrying out its duties under this chapter, 
the joint committee, or any duly authorized subcommittee 
thereof, is authorized to— 
‘‘(A) hold such hearings, to sit and act at such 
places and times within the United States during the 
sessions, recesses, and adjourned periods of Con-
gress; 
‘‘(B) require the attendance of such witnesses 
and the production of such books, papers, and docu-
ments, administer such oaths, take such testimony, 
procure such printing and binding as it deems nec-
essary; and
‘‘(C) make such rules respecting its organiza-
tion and procedures as it deems necessary. 
‘‘(3) The joint committee may selectively review exist-
ing major rules of any Federal agency and recommend— 
‘‘(A) to the committees of jurisdiction in each 
House of Congress that they take appropriate legis-
lative actions to amend or repeal laws within their 
jurisdictions sufficient to effectuate its recommenda-
tions; and 
‘‘(B) to such Federal agency that it amend or 
repeal all or any part of such major rules. 
‘‘(4) The joint committee shall periodically review the 
regulatory plan of each Federal agency of its most impor-
tant significant regulatory actions that the agency reason-
ably expects to issue in proposed or final form in the fiscal 
year in which such plan is submitted (or thereafter) to 
the Office of Information and Regulatory Affairs of the 
Office of Management and Budget and may submit com-
ments to such Office respecting such plan. Within 10 cal-
endar days after receiving any such agency plan, such Of-
fice shall submit a copy of such plan to the joint committee 
for its comments. Upon completion of its review or waiver 
of its review of each such agency plan, the Office shall 
also submit to the joint committee a detailed summary of 
its recommendations.
‘‘(5) The joint committee may selectively review exist-
ing rules of any Federal agency that were in effect before 
the enactment of chapter 8 of title 5, United States Code, 
and that the joint committee finds would satisfy the cri-
teria of subparagraph (A), (B), or (C) of paragraph (2) 
of section 804 of such title and recommend— 
‘‘(A) to the committees of jurisdiction in each 
House of Congress that they take appropriate legis-
lative actions to amend or repeal laws within their 
jurisdictions sufficient to effectuate its recommenda-
tions; and 
‘‘(B) to such Federal agency that it amend or 
repeal all or any part of such major rules. 
‘‘(6) The members of the joint committee who are 
Members of the Senate shall from time to time report to 
appropriate standing committees of the Senate, and the 
members of the joint committee who are Members of the 
House of Representatives shall from time to time report 
to appropriate standing committees of the House their rec-
ommendations with respect to matters within the jurisdic-
tion of their respective Houses which are referred to the 
joint committee or otherwise within the jurisdiction of the 
joint committee. 
‘‘(7) Vacancies in the membership of the joint com-
mittee shall not affect the power of the remaining mem-
bers to execute the functions of the joint committee, and 
shall be filled in the same manner as in the case of the 
original selection. The joint committee shall select a chair-
man and a vice chairman from among its members at the 
beginning of each Congress. The vice chairman shall act 
in place of the chairman in the absence of the chairman. 
The chairmanship shall alternate between the Senate and 
the House of Representatives with each Congress, and the 
chairman shall be selected by the Members from that 
House entitled to the chairmanship. The vice chairman 
shall be chosen from the House other than that of the 
chairman by the Members from that House. 
‘‘(8) The joint committee may appoint and fix the 
compensation of such staff as it deems necessary. 
‘‘(9)(A) Notwithstanding any law, rule, or other au-
thority, there shall be paid out of the applicable accounts 
of the House of Representatives such sums as may be nec-
essary for one-half of the expenses of the joint committee. 
Such payments shall be made on vouchers signed by the 
chairman or vice chairman of the joint committee who is 
a Member of the House of Representatives, as the case 
may be, and approved in the manner directed by the Com-
mittee on House Administration of the House of Rep-
resentatives. Amounts made available under this para-
graph shall be expended in accordance with regulations
prescribed by the Committee on House Administration of 
the House of Representatives. 
‘‘(B) (To be supplied by the Senate).’’. 
SEC. 3. CONSIDERATION IN THE HOUSE OF REPRESENTA-
TIVES AND THE SENATE. 
Section 802 of title 5, United States Code, is amend-
ed by redesignating subsection (f) as subsection (g) and 
by inserting after subsection (e) the following new sub-
section: 
‘‘(f)(1) In the House, after the third legislative day 
after the date on which the committee to which a joint 
resolution is referred has reported, it is in order for any 
Member of the House to move to proceed to consideration 
of the joint resolution. All points of order against the mo-
tion to proceed and against consideration of that motion 
are waived. The motion is privileged in the House and is 
not debatable. 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 
House shall immediately proceed to consideration of the 
joint resolution without intervening motion (except one 
motion to adjourn), order, or other business.
‘‘(2)(A) In the House, debate shall be confined to the 
joint resolution and shall not exceed one hour equally di-
vided and controlled by a proponent and an opponent of 
the joint resolution. The previous question shall be consid-
ered as ordered on the joint resolution to final passage 
without intervening motion, except one motion to recom-
mit. A motion to reconsider the vote on passage of the 
joint resolution shall not be in order.’’. 
SEC. 4. CONGRESSIONAL REVIEW . 
(a) CONGRESSIONAL REVIEW.—Section 801(a) of 
title 5, United States Code, is amended— 
(1) in paragraph (1)(A), by inserting ‘‘, the 
joint committee,’’ after ‘‘each House of the Con-
gress’’; 
(2) in paragraph (1)(B), by inserting ‘‘and the 
joint committee’’ after ‘‘each House of Congress’’; 
(3) in paragraph (1) by adding at the end the 
following new subparagraph: 
‘‘(D) Within 30 days (excluding days either House 
of Congress is adjourned for more than 3 days during a 
session of Congress) after the date on which the report 
referred to in subparagraph (A) is received, the joint com-
mittee may report a committee resolution recommending 
that each standing committee with jurisdiction to which 
copies of the applicable report were provided under sub-
paragraph (C) report a joint resolution pursuant to section 
802 disapproving the applicable rule.’’; and 
(4) in paragraph (2)(A), by inserting ‘‘the joint 
committee’’ after ‘‘committees of jurisdiction in each 
House of the Congress’’. 
(b) EFFECT OF DISAPPROVAL.—Section 801(b)(2) of 
title 5, United States Code, is amended by inserting before 
the period at the end the following: ‘‘or the reissued or 
new rule carries out the recommendation, if any, set forth 
in the report submitted by the joint committee to the com-
mittees of jurisdiction pursuant to subsection (a)(1)(D) 
respecting the rule that did not take effect because it was 
the subject to an enacted resolution of disapproval’’. 
(c) DEFINITIONS.—Section 804 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(4) The term ‘joint committee’ refers to the 
Joint Administrative Procedures Committee.’’. 
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