Regulatory Procedure Act of 1982

Regulatory Procedure Act of 1982 - Title I: The Analysis, Management, and Organization of Agency Functions - Requires each executive agency and each independent regulatory agency to include in the notice of a proposed rule an explanation of the agency's determination as to whether the rule is a major rule.

Directs each agency, before or upon publishing notice of a proposed rulemaking proceeding for a major rule, to issue statements concerning: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the benefits, costs, and effectiveness of the proposed rule and alternatives; (5) the advantages and disadvantages of adopting performance standards rather than design standards; (6) the technical information the agency will rely on in making the rule; and (7) the statutory authority of the agency to regulate any areas previously regulated only by State law.

Requires that each agency issue additional statements upon providing notice of the promulgation of a major rule, including an analysis of the extent to which benefits of the rule justify its costs and an explanation of the selection of the rule over less costly alternatives.

Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions on how the public may obtain copies of agency statements on such rule; (2) send a copy of all statements required at the notice and publication of a major rule to the President; and (3) include such statements and any technical information considered in the rulemaking file.

Requires agencies to provide for oral presentations at informal public hearings as part of the rulemaking proceedings for major rules. Directs agencies to allow cross-examination of persons presenting information if necessary to resolve significant issues of fact. Directs agencies to regulate such public hearings so as to ensure orderly and expeditious proceedings.

Allows an agency to delay completing the rulemaking requirements of this Act if it publishes a finding that complying with such requirements before making the rule would be impracticable, unnecessary, or contrary to the public interest. Requires an agency to complete such requirements as soon as practicable after promulgating the rule unless the rule will expire within two years.

Sets forth provisions governing the judicial review of agency compliance with rulemaking and rule review requirements of this Act and the President's compliance with oversight requirements.

Directs the President to: (1) establish procedures for agency implementation of the requirements of this title; (2) afford the public an opportunity to comment on such procedures before adoption; and (3) monitor, review, and comment on agency compliance with such requirements. Permits the Comptroller General to review agency compliance with this Act.

Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of all rules the agency expects to propose, promulgate, repeal, modify, or review in the next year and specified information concerning such rules. Requires publication of the agendas of all agencies in a single issue of the Federal Register.

Directs each agency to publish for public comment a proposed schedule for the review over a ten-year period of its existing major rules and other rules that may be added by the agency or the President. Directs each agency to publish its responses to public comments upon publishing the final schedule. Requires an agency to include with the publication of a major rule the date, within ten years, by which the rule must be reviewed. Requires agencies to review rules according to such schedule, excluding rules that are no longer considered to be major rules as of the review date. Directs each agency to: (1) publish a notice of the initiation of the review of a rule; (2) describe the costs, benefits, problems, and alternatives to the rule; (3) provide a period for public comment; and either (4) conduct a rulemaking proceeding to repeal or amend the rule; or (5) publish a justification of its decision to continue the rule. Permits the President to extend the review period to 15 years. Allows agencies to alter review schedules if the President agrees.

Title II: Reorganizing and Improving Agency Proceedings - Amends the Administrative Procedure Act to eliminate the exemption of rules concerning loans, grants, and benefits from notice and comment rulemaking requirements.

Requires that the notice of a proposed rulemaking include: (1) a statement of the objectives of the rule; (2) a statement that the agency seeks proposals from the public of alternative methods; and (3) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained.

Requires an agency to: (1) provide a period of at least 60 days after publishing a notice of proposed rulemaking for the public to submit comments on a proposed rule; and (2) include the agency's response to such comments in the statement published with the adopted rule.

Prohibits an agency from relying on any material of central relevance in a rulemaking if the material is not included in the rulemaking file or the public has not had an opportunity to comment on the material.

Directs each agency to maintain a public file on each rulemaking proceeding. Allows an agency to exclude from such file any material relied upon which is exempt from public disclosure under the Freedom of Information Act, if a statement of the basis for such exclusion is included.

Requires a court reviewing an agency action: (1) not to accord any presumption in favor of or against agency action; (2) in determining questions of law other than statutory jurisdiction, to give the agency's interpretation such weight as it warrants considering the agency's authority under law; (3) in making determinations concerning statutory jurisdiction, to determine whether the action is within the agency's jurisdiction on the basis of the statutory language or other indications of legislative intent; and (4) in determining whether the adoption of a rule is in accordance with law, to consider whether there is substantial support in the rulemaking file for the agency's factual determinations.

Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action as necessary to permit designation of the court of record.

Prohibits agencies from paying expenses of persons participating or intervening in agency proceedings except as specifically authorized by statute.

Requires each agency to submit a copy of each newly promulgated rule (with specified exceptions) to each House of Congress. Prohibits the rule from taking effect if: (1) either House adopts a resolution disapproving it within 60 legislative days after the date the rule is submitted; and (2) the other House does not disagree to such resolution within 65 legislative days after such date. Provides that a rule shall take effect the day after either House disagrees to a resolution disapproving it within such periods. Prohibits an agency from promulgating a new rule identical to a disapproved rule unless a statute is enacted that affects the agency's authority over the subject matter.

Authorizes either House to adopt a resolution directing an agency to reconsider an existing rule. Requires an agency to respond to such a resolution by: (1) publishing a notice that the agency reviewed the rule and found that no action is necessary; or (2) initiating appropriate rulemaking proceedings concerning the rule. Provides that a rule which was excluded from congressional review when promulgated must be subjected to congressional review if Congress adopts a resolution for reconsideration of such rule. Exempts rules promulgated pursuant to resolutions of reconsideration from certain rulemaking requirements for major rules under title I of this Act.

Sets forth House and Senate procedures for considering such resolutions of disapproval or reconsideration. Amends the rules of the House to establish a Regulatory Review Calendar to which all such resolutions shall be referred.

Terminates the force and effect of any existing law governing procedures for the congressional review of agency rules with respect to rules promulgated after enactment of this Act.