Regulatory Procedure Act of 1982

Summary

Regulatory Procedure 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; and (5) the advantages and disadvantages of adopting performance standards rather than design standards. Requires that each agency publish for each final major rule a final regulatory analysis which includes: (1) an explanation of the selection of the rule considering its adverse economic effects; (2) a summary of the significant issues raised by public comments; and (3) the total costs to 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. 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 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. Directs each agency: (1) include in the notice of a rulemaking or adjudicatory proceeding the date by which the agency intends to complete such proceeding; and (2) to 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 6 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; 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. 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 any rule or practice 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 transmit semiannually 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) until 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 which predominantly concern specific factual questions, including proceedings to assess a civil penalty or fine or to determine a claim for certain individual benefits. Directs the agency to conduct a hearing in such a proceeding to afford parties an opportunity to submit written data, arguments, and responses, and, at the request of any party, an opportunity for oral argument. Requires the presiding employee to designate a disputed question for formal cross-examination upon determining, at the conclusion of the hearing, that there is a substantial dispute of fact which can be resolved sufficiently only by formal cross-examination and upon which the decision of the agency is likely to depend. Sets forth procedures for issuing subpoenas in formal proceedings under the expedited or trial-type procedures. Enumerates the powers and responsibilities of a presiding employee at proceedings under trial-type procedure. Allows an agency to designate an appropriate employee to recommend a decision for a proceeding under expedited procedure when the presiding employee submits the 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 the 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 or against the agency action. Requires such court to determine the agency's jurisdiction on the basis of the language of the authorizing statute or other evidence of legislative intent.

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2 official files

• Reported to House with amendment(s)

  summary · EN · 25 February 1982

  Open at official source

• Introduced in House

  summary · EN · 6 January 1981

  Open at official source

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