Regulatory Control Act of 1981

Summary

Regulatory Control Act of 1981 - Amends the Administrative Procedure Act to require any notice of proposed rulemaking to disclose: (1) the time during which interested persons may submit comments concerning the proposed rule; (2) where the file of the rulemaking proceeding may be inspected; and (3) a statement that the agency seeks proposals for more effective or less burdensome ways to accomplish the regulatory objectives. Requires any agency: (1) to provide 60 days after publication of such notice for the public to comment on the proposed rule; and (2) to include a response to significant issues raised by such comments in the general statement of the basis and purpose of an adopted rule. Declares that notice and comment requirements of such Act shall apply to an interpretive rule or general policy statement that has general applicability and would have a substantial impact on persons outside the agency. Directs each agency to maintain a file of the required notices, documentary material, written comments, and agency statements for each rulemaking proceeding. Requires each agency to transmit to each House of Congress, semiannually, an agenda listing all subject areas in which the agency intends to propose major or significant rules during the next twelve months. Directs each agency to submit to each House a copy of any such rule upon forwarding the rule to the Federal Register for publication. Prohibits the rule from becoming effective: (1) until 30 days after it is transmitted to Congress; (2) until the earlier of (a) the expiration of 60 days after a committee having primary legislative jurisdiction over the rule reports a resolution disapproving the rule, or (b) either House rejects such a resolution; or (3) if such a resolution is adopted or enacted. Requires that Congress adopt a concurrent resolution to veto: (1) any major or significant rule promulgated by an independent establishment; or (2) any such rule promulgated by an Executive agency upon determining that the rule is contrary to law, inconsistent with Congressional intent, or excessive of statutory authority. Requires the enactment of a joint resolution to veto an Executive agency rule for any other reason. Provides for the exemption of emergency rules from such time constraints. Prohibits an agency from promulgating a new rule substantially the same as a disapproved rule. Authorizes the Comptroller General to advise a Congressional committee on whether a rule is consistent with statutory authority. Directs each agency to: (1) publish and transmit to Congress a schedule for the review by the agency, over a ten-year period, of its major rules; and (2) announce a date for the review, within ten years, of each major rule upon its publication in the Federal Register. Requires an agency to review additional rules if so requested by the Director of the Office of Management and Budget, or if either House of Congress adopts a resolution requiring such a review. Directs each agency reviewing a rule to determine whether to renew, amend, or rescind the rule and to publish and transmit to Congress its proposed action. Subjects any such action to Congressional review, with enactment of a joint resolution required to disapprove such action. Authorizes an agency to bring an action in the United States District Court for the District of Columbia to put into effect a rule which has been disapproved by Congress. Permits the court to grant the relief sought if it finds that the rule is consistent with the statutory authority under which it was promulgated and there is no alternative means of implementing the statute. Makes this Act effective on January 3, 1983. Terminates the Congressional review requirements upon the adjournment of the one-hundredth Congress.

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1 official file

• Introduced in House

  summary · EN · 1 June 1981

  Open at official source

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