I
107TH CONGRESS
1ST SESSION
H. R. 3199
To require congressional approval of proposed rules designated by the
Congress to be significant.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 31, 2001
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
designated by the Congress to be significant.
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 2001’’.
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 effect—
(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 con-
taining 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 any related statute.
SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIG-
NIFICANT RULES.
(a) INTRODUCTION.—The majority leader of each
House of the Congress shall introduce (by request) a joint
resolution comprised solely of the text of a proposed sig-
nificant rule not later than 3 session days in the Senate
or 3 legislative days in the House of Representatives after
the date on which an agency submits a report under sec-
tion 3(b) containing the text of the proposed significant
rule. If the joint resolution is not introduced in either
House as provided 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 session days in
the Senate or 45 legislative days in the House of Rep-
resentatives) established for consideration of the joint res-
olution 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 dis-
charged 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 session day in the Senate or 90th legislative day in
the House of Representatives after the date of the intro-
duction 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
the manager of the joint resolution, except that in the
event the manager of the joint resolution is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under
their control on the passage of a joint resolution, allot ad-
ditional time to any Senator during the consideration of
any debatable motion or appeal.
(D) A motion in the Senate to further limit debate
on a joint resolution under this section is not debatable.
A motion to recommit a joint resolution under this section
is not in order.
(c) AMENDMENTS PROHIBITED.—No amendment to
a joint resolution considered under this section shall be
in order in either the House of Representatives or the Sen-
ate. No motion to suspend the application of this sub-
section shall be in order in either House, nor shall it be
in order in either House for the presiding officer to enter-
tain a request to suspend the application of this subsection
by unanimous consent.
(d) TREATMENT
IF
THE
OTHER
HOUSE
HAS
ACTED.—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) 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, and
(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) IN 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 session days in the Senate
or 3 legislative days in the House of Representatives, in-
troduce a joint resolution (by request) that makes the revi-
sion or revocation of existing rules proposed by the peti-
tion upon the enactment of that joint resolution. If the
joint resolution is not introduced as provided in the pre-
ceding sentence, then any Member of that House may in-
troduce 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