article: SECTION 1. CONGRESSIONAL REVIEW OF RULES. (a) Short Title.--This Act may be cited as the ``Regulatory Oversight Act of 1995''. (b) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 553 the following new section: ``Sec. 553a. Congressional review of rules ``(a) For purposes of this section the term `significant rule' means any rule that may have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. ``(b)(1) Before a rule takes effect as a final rule, the agency promulgating such rule shall submit to the Congress a report containing-- ``(A) a copy of the rule; ``(B) a concise general statement relating to the rule; ``(C) the proposed effective date of the rule; and ``(D) a complete copy of the cost benefit analysis of the rule, if any. ``(2) A significant rule relating to a report submitted under paragraph (1) shall take effect as a final rule, the latest of-- ``(A) the later of the date occurring 45 days after the date on which-- ``(i) the Congress receives the report submitted under paragraph (1); or ``(ii) the rule is published in the Federal Register; ``(B) if the Congress passes a joint resolution of disapproval described under subsection (h) relating to the rule, and the President signs a veto of such resolution, the earlier date-- ``(i) on which either House of Congress votes and fails to override the veto of the President; or ``(ii) occurring 30 session days after the date on which the Congress received the veto and objections of the President; or ``(C) the date the rule would have otherwise taken effect, if not for this section (unless a joint resolution of disapproval under subsection (h) is enacted). ``(3) Except for a significant rule, a rule shall take effect as otherwise provided by law after submission to Congress under paragraph (1). ``(c) A rule shall not take effect as a final rule, if the Congress passes a joint resolution of disapproval described under subsection (h). ``(d)(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a rule that would not take effect by reason of this section may take effect, if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. ``(2) Paragraph (1) applies to a determination made by the President by Executive order that the rule should take effect because such rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; or ``(C) necessary for national security. ``(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under subsection (h) or the effect of a joint resolution of disapproval under this section. ``(4) This subsection and an Executive order issued by the President under this subsection shall not be subject to judicial review by a court of the United States. ``(e)(1) The provisions of subsection (h) shall apply to any rule that is published in the Federal Register (as a rule that shall take effect as a final rule) during the period beginning on the date occurring 60 days before the date the Congress adjourns sine die through the date on which the succeeding Congress first convenes. ``(2) For purposes of subsection (h), a rule described under paragraph (1) shall be treated as though such rule were published in the Federal Register (as a rule that shall take effect as a final rule) on the date the succeeding Congress first convenes. ``(3) During the period beginning on the date the Congress adjourns sine die through the date on which the succeeding Congress first convenes, a rule described under paragraph (1) shall take effect as a final rule as otherwise provided by law. ``(f) Any rule that takes effect and later is made of no force or effect by the enactment of a joint resolution under subsection (h) shall be treated as though such rule had never taken effect. ``(g) If the Congress does not enact a joint resolution of disapproval under subsection (h), no court or agency may infer any intent of the Congress from any action or inaction of the Congress with regard to such rule, related statute, or joint resolution of disapproval. ``(h)(1) For purposes of this subsection, the term `joint resolution' means only a joint resolution introduced after the date on which the report referred to in subsection (b) is received by Congress the matter after the resolving clause of which is as follows: `That Congress disapproves the rule submitted by the ________ relating to ________, and such rule shall have no force or effect. (The blank spaces being appropriately filled in.)'. ``(2)(A) A resolution described in paragraph (1) shall be referred to the committees in each House of Congress with jurisdiction. Such a resolution may not be reported before the eighth day after its submission or publication date. ``(B) For purposes of this subsection the term `submission or publication date' means the later of the date on which-- ``(i) the Congress receives the report submitted under subsection (b)(1); or ``(ii) the rule is published in the Federal Register. ``(3) If the committee to which is referred a resolution described in paragraph (1) has not reported such resolution (or an identical resolution) at the end of 20 calendar days after the submission or publication date defined under paragraph (2)(B), such committee may be discharged by the Majority Leader of the Senate or the Majority Leader of the House of Representatives, as the case may be, from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. ``(4)(A) When the committee to which a resolution is referred has reported, or when a committee is discharged (under paragraph (3)) from further consideration of, a resolution described in paragraph (1), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate 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 resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. ``(B) Debate on the 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 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 recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. ``(C) Immediately following the conclusion of the debate on a resolution described in paragraph (1), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. ``(D) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph (1) shall be decided without debate. ``(5) If, before the passage by one House of a resolution of that House described in paragraph (1), that House receives from the other House a resolution described in paragraph (1), then the following procedures shall apply: ``(A) The resolution of the other House shall not be referred to a committee. ``(B) With respect to a resolution described in paragraph (1) of the House receiving the resolution-- ``(i) the procedure in that House shall be the same as if no resolution had been received from the other House; but ``(ii) the vote on final passage shall be on the resolution of the other House. ``(6) This subsection is enacted by Congress-- ``(A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, 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 resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(B) 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.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by inserting after the item relating to section 553 the following: ``553a. Congressional review of rules.''. (d) Effective Date.--This Act shall take effect on the date of the enactment of this Act and shall apply to any significant rule that takes effect as a final rule on or after such effective date.
summary: Regulatory Oversight Act of 1995 - Provides for a review by the Congress of rules promulgated by Federal agencies, before such rules take effect as final rules. Requires Federal agencies to submit rules and reports on them, including any cost-benefit analyses, to the Congress. Allows the Congress to stop final implementation of significant rules through a joint resolution of disapproval (and override of any Presidential veto of such resolution). Defines a significant rule as any rule that may have an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.