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Pub.L. 104-122 Making further continuing appropriations for the fiscal year 1996, and for other purposes. <> ...


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otherwise provided by law (including other subsections of this section).
    ``(e)(1) <<NOTE: Effective date.>>  For purposes of this subsection, 
section 802 shall also apply to any major rule promulgated between March 
1, 1996, and the date of the enactment of this chapter.

    ``(2) In applying section 802 for purposes of Congressional review, 
a rule described under paragraph (1) shall be treated as though--

[[Page 110 STAT. 871]]

            ``(A) <<NOTE: Federal Register, publication.>>  such rule 
        were published in the Federal Register on the date of enactment 
        of this chapter; 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 paragraph (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 respecting a rule, 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.

``Sec. 802. Congressional disapproval procedure

    ``(a) For purposes of this section, the term `joint resolution' 
means only a joint resolution introduced in the period beginning on the 
date on which the report referred to in section 801(a)(1)(A) is received 
by Congress and ending 60 days thereafter (excluding days either House 
of Congress is adjourned for more than 3 days during a session of 
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).
    ``(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction.
    ``(2) For purposes of this section, the term `submission or 
publication date' means the later of the date on which--
            ``(A) the Congress receives the report submitted under 
        section 801(a)(1); or
            ``(B) <<NOTE: Federal Register, publication.>>  the rule is 
        published in the Federal Register, if so published.

    ``(c) In the Senate, if the committee to which is referred 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 submission or publication date defined under subsection 
(b)(2), such committee may be discharged from further consideration of 
such joint resolution upon a petition supported in writing by 30 Members 
of the Senate, and such joint resolution shall be placed on the 
calendar.
    ``(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee 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 resolution (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

[[Page 110 STAT. 872]]

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 recommit the joint resolution is not in order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (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.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) In the Senate the procedure specified in subsection (c) or (d) 
shall not apply to the consideration of a joint resolution respecting a 
rule--
            ``(1) after the expiration of the 60 session days beginning 
        with the applicable submission or publication date, or
            ``(2) if the report under section 801(a)(1)(A) was submitted 
        during the period referred to in section 801(d)(1), after the 
        expiration of the 60 session days beginning on the 15th session 
        day after the succeeding session of Congress first convenes.

    ``(f) 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 received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.

    ``(g) This section is enacted by Congress--
            ``(1) 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 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.

[[Page 110 STAT. 873]]

``Sec. 803. Special rule on statutory, regulatory, and judicial 
                        deadlines

    ``(a) In the case of any deadline for, relating to, or involving any 
rule which does not take effect (or the effectiveness of which is 
terminated) because of enactment of a joint resolution under section 
802, that deadline is extended until the date 1 year after the date of 
enactment 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 established by or under any 
Federal statute or regulation, or by or under any court order 
implementing any Federal statute or regulation.

``Sec. 804. Definitions

    ``For purposes of this chapter--
            ``(1) The term `Federal agency' means any agency as that 
        term is defined in section 551(1).
            ``(2) The term `major rule' means any rule that the 
        Administrator of the Office of Information and Regulatory 
        Affairs of the Office of Management and Budget finds has 
        resulted in or is likely to result in--
                    ``(A) an annual effect on the economy of 
                $100,000,000 or more;
                    ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    ``(C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.
        The term does not include any rule promulgated under the 
        Telecommunications Act of 1996 and the amendments made by that 
        Act.
            ``(3) The term `rule' has the meaning given such term in 
        section 551, except that such term does not include--
                    ``(A) any rule of particular applicability, 
                including a rule that approves or prescribes for the 
                future rates, wages, prices, services, or allowances 
                therefor, corporate or financial structures, 
                reorganizations, mergers, or acquisitions thereof, or 
                accounting practices or disclosures bearing on any of 
                the foregoing;
                    ``(B) any rule relating to agency management or 
                personnel; or
                    ``(C) any rule of agency organization, procedure, or 
                practice that does not substantially affect the rights 
                or obligations of non-agency parties.

``Sec. 805. Judicial review

    ``No determination, finding, action, or omission under this chapter 
shall be subject to judicial review.

``Sec. 806. Applicability; severability

    ``(a) This chapter shall apply notwithstanding any other provision 
of law.
    ``(b) If any provision of this chapter or the application of any 
provision of this chapter to any person or circumstance, is held

[[Page 110 STAT. 874]]

invalid, the application of such provision to other persons or 
circumstances, and the remainder of this chapter, shall not be affected 
thereby.

``Sec. 807. Exemption for monetary policy

    ``Nothing in this chapter shall apply to rules that concern monetary 
policy proposed or implemented by the Board of Governors of the Federal 
Reserve System or the Federal Open Market Committee.

``Sec. 808. Effective date of certain rules

    ``Notwithstanding section 801--
            ``(1) any rule that establishes, modifies, opens, closes, or 
        conducts a regulatory program for a commercial, recreational, or 
        subsistence activity related to hunting, fishing, or camping, or
            ``(2) any rule which an agency for good cause finds (and 
        incorporates the finding and a brief statement of reasons 
        therefor in the rule issued) that notice and public procedure 
        thereon are impracticable, unnecessary, or contrary to the 
        public interest,

shall take effect at such time as the Federal agency promulgating the 
rule determines.''.

SEC. 252. EFFECTIVE DATE.

    The <<NOTE: 5 USC 801 note.>>  amendment made by section 351 shall 
take effect on the date of enactment of this Act.

SEC. 253. 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''.

[[Page 110 STAT. 875]]

                      TITLE III--PUBLIC DEBT LIMIT

SEC. 301. INCREASE IN PUBLIC DEBT LIMIT.

    Subsection (b) of section 3101 of title 31, United States Code, is 
amended by striking the dollar limitation contained in such subsection 
and inserting ``$5,500,000,000,000''.

    Approved March 29, 1996.

LEGISLATIVE HISTORY--H.R. 3136 (S. 942):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 142 (1996):
            Mar. 15, 19, S. 942 considered and passed Senate.
            Mar. 28, H.R. 3136 considered and passed House and Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
            Mar. 29, Presidential statement.

                                  <all>

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