316
eral Register (as a rule that shall take effect as a final
rule) in the period beginning on November 20, 1994,
through the date of enactment of the Comprehensive Reg-
ulatory Reform Act of 1995.
‘‘(2) In applying section 802 for purposes of Congres-
sional review, a rule described under paragraph (1) shall
be treated as though—
‘‘(A) such rule were published in the Federal
Register (as a rule that shall take effect as a final
rule) on the date of enactment of the Comprehensive
Regulatory Reform Act of 1995; 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 para-
graph (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, no court or agency may
infer any intent of the Congress from any action or inac-
tion of the Congress with regard to such rule, related stat-
ute, or joint resolution of disapproval.
317
‘‘§ 802. Congressional disapproval procedure
‘‘(a) JOINT RESOLUTION DEFINED.—For purposes
of this section, the term ‘joint resolution’ means only—
‘‘(1) a joint resolution introduced in the period
beginning on the date on which the report referred
to in section 801(a) is received by Congress and end-
ing 60 days thereafter (excluding days either House
of Congress is adjourned for more than 3 days dur-
ing a session of Congress), the matter after the re-
solving clause of which is as follows: ‘That Congress
disapproves the rule submitted by the ll relating
to ll, and such rule shall have no force or effect.’
(The blank spaces being appropriately filled in); or
‘‘(2) a joint resolution the matter after the re-
solving clause of which is as follows: ‘That the Con-
gress disapproves the proposed rule published by the
llll relating to lll, and such proposed
rule shall not be issued or take effect as a final
rule.’ (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 Con-
gress with jurisdiction.
‘‘(2) For purposes of this section, the term ‘submis-
sion or publication date’ means—
‘‘(A) in the case of a joint resolution described
in subsection (a)(1) the later of the date on which—
318
‘‘(i) the Congress receives the report sub-
mitted under section 801(a)(1); or
‘‘(ii) the rule is published in the Federal
Register; or
‘‘(B) in the case of a joint resolution described
in subsection (a)(2), the date of introduction of the
joint resolution.
‘‘(c) In the Senate, if the committee to which is re-
ferred 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 sub-
mission or publication date defined under subsection
(b)(2), such committee may be discharged from further
consideration of such joint resolution upon a petition sup-
ported in writing by 30 Members of the Senate, and such
joint resolution shall be placed on the appropriate cal-
endar.
‘‘(d)(1) In the Senate, when the committee to which
a joint resolution is referred has reported, or when a com-
mittee 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 resolu-
319
tion (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 recom-
mit the joint resolution is not in order.
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
section (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.
320
‘‘(4) Appeals from the decisions of the Chair relating
to the application of the rules of the Senate to the proce-
dure relating to a joint resolution described in subsection
(a) shall be decided without debate.
‘‘(e) 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—
‘‘(A) the procedure in that House shall be
the same as if no joint resolution had been re-
ceived from the other House; but
‘‘(B) the vote on final passage shall be on
the joint resolution of the other House.
‘‘(f) This section is enacted by Congress—
‘‘(1) as an exercise of the rulemaking power of
the Senate and House of Representatives, respec-
tively, 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
321
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.
‘‘§ 803. Special rule on statutory, regulatory, and judi-
cial deadlines
‘‘(a) In the case of any deadline for, relating to, or
involving any rule which does not take effect (or the effec-
tiveness of which is terminated) because of enactment of
a joint resolution under section 802, that deadline is ex-
tended until the date 1 year after the date 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 estab-
lished by or under any Federal statute or regulation, or
by or under any court order implementing any Federal
statute or regulation.
‘‘§ 804. Definitions
‘‘(a) For purposes of this chapter—
322
‘‘(1) the term ‘Federal agency’ means any agen-
cy as that term is defined in section 551(1) (relating
to administrative procedure);
‘‘(2) the term ‘major rule’ has the same mean-
ing given such term in section 621(5); and
‘‘(3) the term ‘final rule’ means any final rule
or interim final rule.
‘‘(b) As used in subsection (a)(3), the term ‘rule’ has
the meaning given such term in section 551, except that
such term does not include any rule of particular applica-
bility including a rule that approves or prescribes for the
future rates, wages, prices, services, or allowances there-
for, corporate or financial structures, reorganizations,
mergers, or acquisitions thereof, or accounting practices
or disclosures bearing on any of the foregoing or any rule
of agency organization, personnel, procedure, practice or
any routine matter.
‘‘§ 805. Judicial review
‘‘No determination, finding, action, or omission under
this chapter shall be subject to judicial review.
‘‘§ 806. Applicability; severability
‘‘(a) This chapter shall apply notwithstanding any
other provision of law.
‘‘(b) If any provision of this chapter or the applica-
tion of any provision of this chapter to any person or cir-
323
cumstance, is held invalid, the application of such provi-
sion to other persons or circumstances, and the remainder
of this chapter, shall not be affected thereby.
‘‘§ 807. Exemption for monetary policy
‘‘Nothing in this chapter shall apply to rules that con-
cern monetary policy proposed or implemented by the
Board of Governors of the Federal Reserve System or the
Federal Open Market Committee.’’.
(c) Effective Date.—The amendment made by sub-
section (b) shall take effect on the date of enactment of
this Act.
(d) TECHNICAL AMENDMENT.—The table of chapters
for part I of title 5, United States Code, is amended by
inserting immediately after the item relating to chapter
7 the following:
‘‘8. Congressional Review of Agency Rulemaking ...........
801’’.
SEC. 3007. REGULATORY ACCOUNTING STATEMENT.
(a) DEFINITIONS.—For purposes of this section, the
following definitions apply:
(1) MAJOR RULE.—The term ‘‘major rule’’ has
the same meaning as defined in section 621(5)(A)(i)
of title 5, United States Code. The term shall not
include—
(A) administrative actions governed by sec-
tions 556 and 557 of title 5, United States
Code;
324
(B) regulations issued with respect to a
military or foreign affairs function of the Unit-
ed States or a statute implementing an inter-
national trade agreement; or
(C) regulations related to agency organiza-
tion, management, or personnel.
(2) AGENCY.—The term ‘‘agency’’ means any
executive department, military department, Govern-
ment corporation, Government controlled corpora-
tion, or other establishment in the executive branch
of the Government (including the Executive Office of
the President), or any independent regulatory agen-
cy, but shall not include—
(A) the General Accounting Office;
(B) the Federal Election Commission;
(C) the governments of the District of Co-
lumbia and of the territories and possessions of
the United States, and their various subdivi-
sions; or
(D) Government-owned contractor-oper-
ated facilities, including laboratories engaged in
national defense research and production activi-
ties.
(b) ACCOUNTING STATEMENT.—
(1) IN GENERAL.—
325
(A) The President shall be responsible for
implementing and administering the require-
ments of this section.
(B) Not later than June 1, 1997, and each
June 1 thereafter, the President shall prepare
and submit to Congress an accounting state-
ment that estimates the annual costs of major
rules and corresponding benefits in accordance
with this subsection.
(2) YEARS COVERED BY ACCOUNTING STATE-
MENT.—Each accounting statement shall cover, at a
minimum, the 5 fiscal years beginning on October 1
of the year in which the report is submitted and may
cover any fiscal year preceding such fiscal years for
purpose of revising previous estimates.
(3) TIMING AND PROCEDURES.—
(A) The President shall provide notice and
opportunity for comment for each accounting
statement. The President may delegate to an
agency the requirement to provide notice and
opportunity to comment for the portion of the
accounting statement relating to that agency.
(B) The President shall propose the first
accounting statement under this subsection not
later than 2 years after the date of enactment
326
of this Act and shall issue the first accounting
statement in final form not later than 3 years
after such effective date. Such statement shall
cover, at a minimum, each of the fiscal years
beginning after the date of enactment of this
Act.
(4) CONTENT OF ACCOUNTING STATEMENT.—
(A) Each accounting statement shall con-
tain estimates of costs and benefits with respect
to each fiscal year covered by the statement in
accordance with this paragraph. For each such
fiscal year for which estimates were made in a
previous accounting statement, the statement
shall revise those estimates and state the rea-
sons for the revisions.
(B)(i) An accounting statement shall esti-
mate the costs of major rules by setting forth,
for each year covered by the statement—
(I) the annual expenditure of national
economic 
resources 
for 
major 
rules,
grouped by regulatory program; and
(II) such other quantitative and quali-
tative measures of costs as the President
considers appropriate.
327
(ii) For purposes of the estimate of costs
in the accounting statement, national economic
resources shall include, and shall be listed
under, at least the following categories:
(I) Private sector costs.
(II) Federal sector costs.
(III) State and local government ad-
ministrative costs.
(C) An accounting statement shall estimate the
benefits of major rules by setting forth, for each
year covered by the statement, such quantitative and
qualitative measures of benefits as the President
considers appropriate. Any estimates of benefits con-
cerning reduction in health, safety, or environmental
risks shall present the most plausible level of risk
practical, along with a statement of the reasonable
degree of scientific certainty.
(c) ASSOCIATED REPORT TO CONGRESS.—
(1) IN
GENERAL.—At the same time as the
President submits an accounting statement under
subsection (b), the President, acting through the Di-
rector of the Office of Management and Budget,
shall submit to Congress a report associated with
the accounting statement (hereinafter referred to as
328
an ‘‘associated report’’). The associated report shall
contain, in accordance with this subsection—
(A) analyses of impacts; and
(B) recommendations for reform.
(2) ANALYSES
OF
IMPACTS.—The President
shall include in the associated report the following:
(A) Analyses prepared by the President of
the cumulative impact of major rules in Federal
regulatory programs covered in the accounting
statement on the following:
(i) The ability of State and local gov-
ernments to provide essential services, in-
cluding police, fire protection, and edu-
cation.
(ii) Small business.
(iii) Productivity.
(iv) Wages.
(v) Economic growth.
(vi) Technological innovation.
(vii) Consumer prices for goods and
services.
(viii) Such other factors considered
appropriate by the President.
(B) A summary of any independent analy-
ses of impacts prepared by persons commenting
329
during the comment period on the accounting
statement.
(3) RECOMMENDATIONS
FOR
REFORM.—The
President shall include in the associated report the
following:
(A) A summary of recommendations of the
President for reform or elimination of any Fed-
eral regulatory program or program element
that does not represent sound use of national
economic resources or otherwise is inefficient.
(B) A summary of any recommendations
for such reform or elimination of Federal regu-
latory programs or program elements prepared
by persons commenting during the comment pe-
riod on the accounting statement.
(d) GUIDANCE FROM OFFICE OF MANAGEMENT AND
BUDGET.—The Director of the Office of Management and
Budget shall, in consultation with the Council of Economic
Advisers, provide guidance to agencies—
(1) to standardize measures of costs and bene-
fits in accounting statements prepared pursuant to
sections 3 and 7 of this Act, including—
(A) detailed guidance on estimating the
costs and benefits of major rules; and
330
(B) general guidance on estimating the
costs and benefits of all other rules that do not
meet the thresholds for major rules; and
(2) to standardize the format of the accounting
statements.
(e) RECOMMENDATIONS
FROM
CONGRESSIONAL
BUDGET OFFICE.—After each accounting statement and
associated report submitted to Congress, the Director of
the Congressional Budget Office shall make recommenda-
tions to the President—
(1) for improving accounting statements pre-
pared pursuant to this section, including rec-
ommendations on level of detail and accuracy; and
(2) for improving associated reports prepared
pursuant to this section, including recommendations
on the quality of analysis.
(f) JUDICIAL REVIEW.—No requirements under this
section shall be subject to judicial review in any manner.
SEC. 3008. STUDIES AND REPORTS.
(a) RISK ASSESSMENTS.—The Administrative Con-
ference of the United States shall—
(1) develop and carry out an ongoing study of
the operation of the risk assessment requirements of
subchapter III of chapter 6 of title 5, United States
Code (as added by section 4 of this Act); and
331
(2) submit an annual report to the Congress on
the findings of the study.
(b) ADMINISTRATIVE PROCEDURE ACT.—Not later
than December 31, 1996, the Administrative Conference
of the United States shall—
(1) carry out a study of the operation of the
Administrative Procedure Act (as amended by sec-
tion 3 of this Act); and
(2) submit a report to the Congress on the find-
ings of the study, including proposals for revision, if
any.
SEC. 3009. MISCELLANEOUS PROVISIONS.
(a) EFFECTIVE DATE.—Except as otherwise pro-
vided, this Act and the amendments made by this Act shall
take effect on the date of enactment.
(b) SEVERABILITY.—If any provision of this Act, an
amendment made by this Act, or the application of such
provision or amendment to any person or circumstance is
held to be unconstitutional, the remainder of this Act, the
amendments made by this Act, and the application of the
332
provisions of such to any person or circumstance shall not
be affected thereby.
Passed the House of Representatives November 9,
1995.
Attest:
Clerk.