Regulatory Procedure Act of 1982

(Reported to House from the Committee on the Judiciary with amendment, H. Rept. 97-435)

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, upon publishing notice of a proposed major rule, to issue statements concerning: (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 advantages and disadvantages of adopting performance standards rather than design standards; (6) the means used by the agency to determine the quality of information it relies upon in resolving material issues of fact; 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 publishing a final major rule, including: (1) an explanation of the relationship of the benefits to the costs and other adverse effects of the rule; (2) a justification of the selection of the rule over alternatives; and (3) a summary of public comments on the proposed rule and the agency's assessment of such comments. Requires persons submitting comments to identify the information on which such comments are based.

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; and (2) send a copy of all statements required at the notice and publication of a major rule to the Office of Management and Budget (OMB).

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. Authorizes agencies to establish procedures to regulate such public hearings. Specifies circumstances under which a court may set aside a rule because of agency failure to follow such procedures for oral participation.

Allows an agency to delay completing the rulemaking requirements prescribed by this Act if it publishes a finding that the rule is being adopted in response to an emergency. Terminates an emergency rule if the rulemaking requirements are not met within 180 days after such finding is published.

Bars judicial review of agency compliance with requirements, established under this Act, governing rulemaking, regulatory agenda, or rule review.

Authorizes the Director of OMB to: (1) establish procedures for compliance by executive agencies with rulemaking requirements under this Act; and (2) monitor the implementation of such requirements by such agencies. Requires the Director to report to Congress annually on agency compliance with such requirements. Authorizes the Comptroller General to review agency compliance with such requirements.

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, or review in the next year and specified information concerning such rules.

Directs each agency to submit its proposed major rules to the President for incorporation into a semiannual 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.

Requires each agency to publish a draft schedule for the review of its existing major rules over a ten year period. Authorizes the President to add rules he or she determines to be major rules. Directs each agency to publish its final schedule within one year after enactment of this Act and to include with such schedule the agency's response to comments received on the draft schedule. Requires each agency to include with the publication of a final major rule the date, within ten years, by which the rule must be reviewed. Requires each agency to publish an assessment of each rule reviewed, including statements on: (1) the costs, benefits, and adverse effects of the rule; and (2) whether the rule should be withdrawn, amended, or continued without change. Directs an agency to withdraw or amend a rule upon determining that such action should occur. Authorizes the Director of OMB to extend the period for agency review of major rules to not more than 15 years.

Exempts legislative agencies from rulemaking requirements concerning regulatory flexibility analyses.

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.

Authorizes agencies to issue advance notice of a proposed rulemaking and to conduct informal meetings with interested groups prior to publishing a notice of proposed rulemaking.

Directs each agency to maintain a public file on each rulemaking proceeding.

Requires each agency to transmit its regulatory agenda and a copy of each of its proposed or final major rule, upon publication, to the appropriate committees of Congress.

Prohibits any final major rule from becoming effective: (1) for 30 days after it is received by such committees; (2) for 60 days after such a committee reports a joint resolution disapproving it, unless the resolution is rejected by either House of Congress or the agency explains to Congress its decision not to delay the effective date; or (3) if a joint resolution of disapproval is enacted. Exempts from such time constraints any major rule promulgated in response to an emergency or any major rule which must be kept confidential until its effective date.

Requires each agency to designate by rule the officers authorized to issue subpoenas in formal agency hearings, including presiding employees. Authorizes an agency to bring an action in a U.S. district court to enforce a subpoena only if the agency: (1) includes in the subpoena a deadline for compliance; and (2) brings the action within 30 days after such deadline. Directs a district court to issue a final ruling on a challenged subpoena within 45 days, unless it grants an extension at the request of all parties.

Provides that a court reviewing an agency action must determine, on the basis of statutory language and other evidence of legislative intent, whether such action is within the agency's jurisdiction. Directs a court reviewing the legality of an agency action in adopting a rule to consider whether there is substantial support in the rulemaking file.

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 for up to 15 days pending selection of the court of record.

Amends the Administrative Conference Act to repeal a requirement that members of the Administrative Conference of the United States selected by the Chairman be lawyers, legal scholars, or persons knowledgeable about Federal administrative procedure.

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