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