A bill to amend title 5, United States Code, to make regulations more cost-effective, to ensure review of rules, to improve regulatory planning and management, to enhance public participation in the regulatory process, and for other purposes.
Regulatory Reform Act of 1983 - 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 reasonable alternative approaches; (2) regional differences; (3) the benefits and costs of the proposed rule and alternatives; (4) the advantages and disadvantages of adopting performance standards rather than design standards; (5) the technical information the agency will rely on in making the rule; and (6) 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 the rule obtains its objectives with lower economic costs than the alternatives analyzed.
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.
Directs the Director of the Office of Management and Budget 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. 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 not to exceed to continue the rule. Allows agencies to: (1) extend review periods, not to exceed 15 years; and (2) alter review schedules.
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.
Directs each agency to transmit to the appropriate committees of Congress a copy of each regulatory agenda and each proposed and final major rule submitted for publication. Prohibits such a rule from becoming effective for 30 days after it is received by such committees. Requires an agency to delay the effective date of a rule, if within such 30 days a committee reports a joint resolution disapproving the rule, until the earlier of the expiration of an additional 60 days or the rejection of such resolution by either House. Prohibits a rule from becoming effective if such a joint resolution is enacted (congressional veto). Exempts emergency rules and rules requiring confidentiality from such time constraints.
Requires a court reviewing an agency action: (1) in determining questions of law, to give the agency's interpretation such weight as it warrants; and (2) 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.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Administrative Law and Governmental Relations.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
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Subcommittee Hearings Held.