Regulation Reform Act of 1981

Regulation Reform Act of 1981 - Title I: The Analysis, Management, and Organization of Agency Functions - Requires the head of each Federal agency to publish for each proposed major rule a preliminary regulatory analysis which describes: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the projected benefits, adverse economic effects, and effectiveness of the proposed rule and alternatives; (5) the estimated effect on small businesses, organizations, and governmental jurisdictions and competition in interstate and foreign commerce; and (6) the advantages and disadvantages of adopting performance standards rather than design standards. Requires each agency to provide interested persons 60 days after the preliminary analysis is issued to submit written comments and to provide 20 additional days for persons to respond to such comments. Requires that each agency publish for each final major rule a final regulatory analysis which includes: (1) a justification over alternatives which are more cost-effective or which have less adverse economic effects; (2) a summary of the significant issues raised by public comments; (3) a statement on the possibilities of providing requirement exemptions or less burdensome compliance standards for small businesses, organizations, or governmental jurisdictions; and (4) the total costs of the agency of the preliminary and final regulatory analysis.

Directs each agency to: (1) include in the notice of each proposed and final major rule instructions of how the public may obtain copies of such analyses; and (2) send a copy of such analyses to the Office of Management and Budget (OMB).

Authorizes an agency to delay completing such analyses by publishing a finding that the rule is being adopted in response to an emergency that makes completion of such analyses impossible. Terminates any such emergency rule if such analyses are not completed within 180 days of the publication of the rule. Bars judicial review of such regulatory analyses.

Directs an agency to issue a rule providing exemptions or less burdensome compliance standards to small businesses, organizations, or governmental jurisdictions when it has indicated in the final regulatory analysis that such regulatory flexibility is lawful, feasible, and desirable.

Requires the Director of OMB and the Comptroller General to report to Congress on agency compliance with the requirements of this title.

Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of major and other rules for the next year and certain specified information concerning such rules.

Directs each agency to submit its proposed major rules to the President for incorporation, semiannually, into the Calendar of Federal Regulations. Requires the Director of OMB to review and publish a list of rules submitted which potentially duplicate or conflict with other proposed or existing rules.

Directs each agency to: (1) include in the notice of rulemaking or adjudicatory proceeding the date by which the agency intends to complete such proceeding; and (2) prepare and publish in the first regulatory agenda of the year a report on such proceedings which includes the number of proceedings the agency failed to complete by the established deadline and the reasons for such failure. Requires that such report also disclose specified information concerning the use of funds by the agency for procuring services for the preparation of any report in connection with such a proceeding.

Requires each agency, within six months of the effective date of this act, to: (1) establish an office, within such agency, to be responsible for regulatory planning and management; (2) issue guidelines for determining which rules are significant rules according to specified standards; and (3) issue guidelines to insure that an adopted major or significant rule meets certain criteria including requirements that: (a) the rule is written to be easily understood; (b) there has been full consideration with affected State and local governments; and (c) the public has been given a full opportunity to participate in the rulemaking process.

Directs each agency to publish and report to Congress on the costs of performing regulatory analyses and of reviewing its rules during the preceding year.

Requires that each agency submit to OMB and publish in the Federal Register a draft schedule for the review, over a ten-year period, of its major rules and practices. Sets forth guidelines for such review. Directs each agency to publish a final review schedule within one year. Requires that each agency announce the review date for each major rule upon its publication. Requires each agency to publish an assessment of each precept reviewed. Declares that such review requirements shall not apply to precepts involving the internal revenue laws of the United States.

Title II: Reorganizing and Improving Agency Proceedings - Requires that the general notice of a proposed rule include: (1) a statement that the agency seeks proposals from the public of alternative methods; and (2) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Subjects rules concerning public property, loans, grants, benefits, or contracts to notice and comment rulemaking procedures.

Directs each agency to maintain a file of each rulemaking proceeding.

Requires each agency to prepare, semiannually, and transmit to the appropriate Congressional committees an agenda listing all areas in which the agency intends to propose major rules during the following year. Directs each agency to transmit a copy of each final rule to each House of Congress and to such committees on the day the rule is published. Prohibits the rule from becoming effective: (1) within 30 days after it is received by such committees; (2) until the earlier of the expiration of 60 days after the date on which a committee reports a resolution disapproving the rule or the date on which such resolution is rejected; or (3) if such a resolution is enacted. Exempts from such time constraints any major rule promulgated in response to an emergency situation. Prohibits an agency from promulgating a new rule substantially the same as a disapproved rule.

Requires agencies to respond in an appropriate manner to good faith requests from interested persons for interpretations of agency rules.

Creates a new procedure for administrative proceedings required by statute. Establishes an "expedited procedure" which applies to any proceeding predominantly concerning policy issues of a general character, including rulemaking and initial licensing. Requires "trial-type procedures" for proceedings concerning specific factual questions, including proceedings to assess a civil penalty or fine or to determine a claim for certain individual benefits.

Enumerates the powers and responsibilities of a presiding employee at proceedings under trial-type procedure. Directs the agency, in such a proceeding, to conduct a hearing to afford parties an opportunity to submit written data, arguments, and responses, and an opportunity for oral argument. Authorizes the presiding employee to designate disputed questions for formal cross-examination.

Sets forth procedures for issuing subpoenas in formal proceedings under the expedited or trial-type procedures.

Allows an agency to designate an appropriate employee to recommend a decision for a proceeding under expedited procedure when the presiding employee submits a record of the proceeding without a recommended decision.

Authorizes each agency to establish employee boards to review the decisions of presiding employees. Directs each agency to specify conditions under which it will accept an appeal of a decision of a presiding employee or such a board and conditions under which it will exclude a decision from the jurisdiction of a review board.

Requires an action to be brought in the U.S. Court of Appeals for the review of an agency rule for which there is no applicable special statutory review procedure. Prohibits a court reviewing an agency action involving a rule from making any presumption in favor of the agency action if either the House of Representatives or the Senate has agreed to a resolution finding that the rule exceeded the agency's statutory authority or is inconsistent with legislative intent.

Title III: Organizational and Program Improvements - Amends the Administrative Conference Act to repeal a requirement that the public members of the Conference be attorneys, scholars in government, or otherwise especially informed about Federal administrative procedure.

Prohibits an agency from providing financial assistance for the costs of public participation in agency proceedings without specific statutory authority. Limits the maximum amount of such assistance. Requires any person awarded such assistance to enter into an agreement with the Chairman which outlines the representation to be provided by such person in the proceeding and permits the Chairman to examine expenditures from such assistance. Directs the Chairman to examine expenditures from such assistance. Directs the Chairman and the Director of OMB to report to Congress on the identity of applicants for such assistance and the amounts of assistance provided for fiscal years 1981 through 1984. Directs the Comptroller General to audit and report to Congress regarding the financial assistance procedures.

Title IV: Congressional Review of Agency Regulations - Establishes the Committee on Regulatory Affairs as a permanent select committee of the House of Representatives to monitor the rulemaking activities of Federal agencies on a continuing basis.

Requires each agency, upon proposing and upon promulgating a rule, to notify the Committee of certain information about the rule. Authorizes the Committee to investigate any such rule and report to the House. Specifies grounds for objections. Requires the Committee to transmit copies of such a report to the House committees with jurisdiction over the rule and to the promulgating agency. Directs the agency head to submit to the Speaker of the House within 30 days a statement indicating that the report has been reviewed, responding to issues raised by the Committee, and describing any accommodative agency actions. Precludes the House from considering any legislation appropriating funds to promulgate or implement such rule if the agency fails to submit such statement.

Authorizes the Committee to report a joint resolution to prevent the promulgation of, postpone the effectiveness of, or repeal any rule on which it has issued a report.

Permits the Speaker of the House to refer to the Committee: (1) any bill or resolution which authorizes an agency to issue rules which carry civil or criminal penalties for noncompliance; and (2) any resolution other than a joint resolution introduced pursuant to a provision of law authorizing Congressional disapproval of an agency rule.

Directs the Committee to submit to the Ninety-eighth Congress a report on its activities during the Ninety-seventh Congress.