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.
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 ‘‘Significant Regulation
Oversight Act of 1996’’.
SEC. 2. FINDING AND PURPOSE.
(a) FINDING.—The Congress finds that oversight of
significant rules will be enhanced if they are subject to
congressional review and approval after being proposed by
an agency.
(b) PURPOSE.—The purpose of this Act is to ensure
that before a significant rule takes affect—
(1) Congress is given an adequate opportunity
to review the rule and ensure that it is in accordance
with the intent of Congress in enacting the law
under which the rule is proposed; and
(2) Congress approves the rule in accordance
with the procedures established by this Act.
SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS.
(a) CONGRESSIONAL APPROVAL
OF SIGNIFICANT
RULES REQUIRED.—A significant rule shall not take ef-
fect before the date of the enactment of a joint resolution
described in section 4(a) comprised solely of the text of
the significant rule.
(b) REPORTING
AND
REVIEW
OF
SIGNIFICANT
RULES.—(1) Before a proposed significant rule would
take effect as a final rule, the agency proposing the rule
shall submit to each House of Congress a report contain-
ing the following:
(A) A copy of the proposed significant rule.
(B) A concise summary of the proposed signifi-
cant rule, its purpose, and anticipated effects.
(C) A complete copy of any cost-benefit analysis
report that has been prepared by the agency with re-
spect to the proposed significant rule.
(D) An explanation of the specific statutory in-
terpretation under which a rule is proposed, includ-
ing an explanation of—
(i) whether the interpretation is expressly
required by the text of the statute; or
(ii) if the interpretation is not expressly re-
quired by the text of the statute, an explanation
that the interpretation is within the range of
permissible interpretations of the statute as
identified by the agency, and an explanation
why the interpretation selected by the agency is
the agency’s preferred interpretation.
(E) Any other relevant information or require-
ments under any other Act and any relevant Execu-
tive order.
(2) Upon receipt of a report under paragraph (1),
each House of Congress shall provide a copy of the report
to the Chairman and ranking minority party member of
each committee with jurisdiction over the subject matter
of the report.
(c) NO INFERENCE TO BE DRAWN WHERE CON-
GRESS FAILS TO APPROVE.—If Congress fails to enact
a joint resolution approving a proposed significant rule,
no court or agency may infer any intent of Congress from
any action or inaction of Congress with regard to such
rule or related statute.
SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIG-
NIFICANT RULES.
(a) INTRODUCTION.—Not later than 3 legislative
days after the date on which an agency submits a report
under section 3(b) containing the text of any proposed sig-
nificant rule, the majority leader of each House of the
Congress shall introduce (by request) a joint resolution
comprised solely of the text of that significant rule. If the
joint resolution is not introduced in either House as pro-
vided in the preceding sentence, then any Member of that
House may introduce the joint resolution.
(b) REFERRAL AND CONSIDERATION.—(1) The joint
resolution shall be referred to the appropriate committee
of the House in which it is introduced. The committee may
report the joint resolution without substantive revision and
with or without recommendation or with an adverse rec-
ommendation, or the committee may vote not to report
the joint resolution. If the committee votes to order the
joint resolution reported, it shall be reported not later than
the end of the period (not to exceed 45 legislative days)
established for consideration of the joint resolution by the
Speaker of the House of Representatives or the majority
leader of the Senate, as the case may be. Except in the
case of a joint resolution which a committee votes not to
report, a committee failing to report a joint resolution
within such period shall be automatically discharged from
consideration of the joint resolution, and it shall be placed
on the appropriate calendar.
(2) A vote on final passage of the joint resolution
shall be taken in that House on or before the close of the
90th legislative day after the date of the introduction of
the joint resolution in that House.
(3)(A) A motion in the House of Representatives to
proceed to the consideration of a joint resolution under
this section shall be highly privileged and not debatable.
An amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote by which
the motion is agreed to or disagreed to.
(B) Debate in the House of Representatives on a
joint resolution under this section shall be limited to not
more than 4 hours, which shall be divided equally between
those favoring and those opposing the joint resolution. A
motion further to limit debate shall not be debatable. It
shall not be in order to move to recommit a joint resolution
under this section or to move to reconsider the vote by
which the joint resolution is agreed to or disagreed to.
(C) All appeals from the decisions of the chair relat-
ing to the application of the Rules of the House of Rep-
resentatives to the procedure relating to a joint resolution
under this section shall be decided without debate.
(D) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
joint resolution under this section shall be governed by the
Rules of the House of Representatives applicable to other
joint resolutions in similar circumstances.
(4)(A) A motion in the Senate to proceed to the con-
sideration of a joint resolution under this section shall be
privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(B) Debate in the Senate on a joint resolution under
this section, and all debatable motions and appeals in con-
nection therewith, shall be limited to not more than 10
hours. The time shall be equally divided between, and con-
trolled by, the majority leader and the minority leader or
their designees.
(C) Debate in the Senate on any debatable motion
or appeal in connection with a joint resolution under this
section shall be limited to not more than 1 hour, to be
equally divided between, and controlled by, the mover and
described in subsection (a) comprised of the same text,
then:
(1) The procedure in that House shall be the
same as if no joint resolution had been received from
the other House.
(2) The vote on final passage shall be on the
joint resolution of the other House.
(e) CONSTITUTIONAL AUTHORITY.—This section is
enacted by Congress—
(1) as an exercise of the rulemaking power of
the Senate and the House of Representatives, re-
spectively, 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.
SEC. 5. EXISTING RULES.
(a) GENERAL.—Any existing rule may be revised or
revoked in accordance with this section if a petition for
review so requests.
(b) INTRODUCTION.—If a petition for review is filed
with the Clerk of the House of Representatives or the Sec-
retary of the Senate, the Clerk or the Secretary shall de-
termine whether the petition meets the requirements of
subsection (d). If the Clerk or the Secretary determines
that a petition meets those requirements, he or she shall
notify the majority leader of that House. The majority
leader so notified shall, within 3 legislative days, introduce
a joint resolution (by request) that makes the revision or
revocation of existing rules proposed by the petition upon
the enactment of that joint resolution. If the joint resolu-
tion is not introduced as provided in the preceding sen-
tence, then any Member of that House may introduce the
joint resolution.
(c) PROCEDURES
FOR
CONSIDERATION
IN
THE
HOUSE OF REPRESENTATIVES AND THE SENATE.—Any
joint resolution introduced under subsection (b) shall be
considered in the House of Representatives and the Senate
in accordance with the procedures respecting a joint reso-
lution set forth in section 4.
(d) PETITIONS FOR REVIEW.—A petition for review
under subsection (a) shall contain the following:
(1) Any rule affected by the petition and the
contents of that rule as it would exist if a joint reso-
lution revising or revoking that rule pursuant to the
petition were enacted.
(2) For a petition in the Senate, the signatures
of 30 Senators, or for a petition in the House of
Representatives, the signatures of 120 Members.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) AGENCY.—The term ‘‘agency’’ has the
meaning given that term in section 551 of title 5,
United States Code (relating to administrative pro-
cedure).
(2) RULE.—(A) The term ‘‘rule’’ has the mean-
ing given such term by section 551 of title 5, United
States Code, except that such term does not in-
clude—
(i) any rule of particular applicability in-
cluding a rule that approves or prescribes—
(I) future rates, wages, prices, serv-
ices, or allowances therefor,
(II) corporate or financial structures,
reorganizations, mergers, or acquisitions
thereof, or
(III) accounting practices or disclo-
sures bearing on any of the foregoing, or
(ii) any rule of agency organization, per-
sonnel, procedure, practice, or any routine mat-
ter.
(B) The term ‘‘final rule’’ means any final rule
or interim final rule.
(3) SIGNIFICANT RULE.—The term ‘‘significant
rule’’ means any rule proposed by an agency that is
specified or described as such in the Act that au-
thorizes the rule.
SEC. 7. EXEMPTION FOR MONETARY POLICY.
Nothing in this Act applies to any rule concerning
monetary policy proposed or implemented by the Board
of Governors of the Federal Reserve System or the Fed-
eral Open Market Committee.
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