Regulation Reform Act of 1979

(Reported to House from the Committee on the Judiciary with amendment, H.Rept. 96-1393)

Regulation Reform Act of 1980 - =Title I: The Analysis, Management, and Organization of Agency Functions= - Requires the head of each Federal agency to publish for each proposed major rule, as such rule is defined in this Act, a preliminary regulatory analysis which describes: (1) the need for the rule; (2) the reasonable alternative approaches for accomplishing the regulatory objective; (3) the need for the rule to accommodate regional differences; (4) the projected benefits, adverse economic effects, and effectiveness of the proposed rule and alternatives; (5) the estimated effect of the proposed rule on small businesses, organizations, and governmental jurisdictions and competition in interstate and foreign commerce; and (6) the advantages and disadvantages of adopting performance standards rather than design standards. Requires each agency to provide interested persons 60 days after the preliminary analysis is issued to submit written comments on such analysis, and to provide 20 additional days for persons to respond to such comments. Requires that each agency publish for each final major rule a final regulatory analysis which includes: (1) a justification of the selection of the rule over alternatives which are more cost-effective or which have lessor adverse economic effects; (2) a summary of the agency's assessment of the significant issues raised by public comments received on the preliminary analysis; (3) a statement on the legality, feasibility, and desirability for the agency to prescribe a rule providing requirement exemptions or differing and less burdensome compliance standards for small businesses, organizations, or governmental jurisdictions; and (4) the total costs of the agency of preparing, reviewing, and publishing the preliminary and final regulatory analysis required by this Act.

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 for a rule 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.

Directs an agency to issue a rule providing requirement exemptions or differing or less burdensome compliance standards to small businesses, organizations, or governmental jurisdictions when it has indicated in the final regulatory analysis that such regulatory flexibility is lawful, feasible, and desirable.

Requires the Director of the Office of Management and Budget and the Comptroller General of the United States to review and report to Congress on agency compliance with the regulatory analyses requirements of this title.

Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of the major rules and other significant rules the agency expects to propose or promulgate during the next year. Requires that such agenda include: (1) the dates of anticipated agency action on each rule; (2) the sectors of the economy likely to be affected by the rule; (3) the agency's determination as to whether the rule is a major rule; (4) a list of the other regulatory requirements the agency plans to review during the year; and (5) identification of an agency official responsible for handling inquiries about each regulatory requirement on the agenda.

Directs each agency to submit the major rules it expects to propose or promulgate during the next year to the President for incorporation into the Calendar of Federal Regulations to be published by the President semiannually. Requires the Director of the 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) to 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 according to specified standards; 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; (6) 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.

Directs each agency to publish and report to Congress on the costs of performing regulatory analyses and of reviewing its rules during the preceding year.

Requires that each agency submit to the OMB and publish in the Federal Register a draft schedule for the review, over a ten-year period, of its major rules and its significant rules, policies, and practices. Sets forth guidelines for selecting such precepts to review. Directs each agency to publish a final review schedule within one year of the effective date of this Act. 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 including a statement of the benefits, adverse effects, and costs of such precept and determinations as to whether the precept should be rescinded, amended, or continued without change, and whether the precept can be eliminated or modified if it is burdensome to small businesses, organizations, and governmental jurisdictions. Declares that such review requirements shall not apply to precepts 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 to accomplish regulatory objectives; 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 containing the notices, studies, public comments, and agency statements concerning the rule.

Requires each agency to prepare, semiannually, and transmit 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) within 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 requiring immediate action. 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 to be determined on the record after opportunity for an agency hearing. 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 otherwise to establish a culpable violation of law, or to determine a claim for certain individual benefits.

Grants the presiding employee at a proceeding under the expedited procedure the same powers currently granted to a presiding employee at a formal agency hearing. Allows the agency to designate employees to advise and assist such presiding employee. Directs the agency, in such a proceeding, to conduct a hearing 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 agencies authorized to issue subpoenas in formal proceedings under the expedited or trial-type procedures. Directs each agency to designate the officers, including presiding employees, authorized to sign and issue subpoenas. Authorizes an agency to bring an action in a district court of the United States to enforce a subpoena, provided that the agency has served notice of default within 30 days of the date specified in the subpoena for compliance. Permits an agency to take specified actions against any person who fails to obey a court order enforcing a subpoena, including: (1) excluding such person from participating in the proceedings; (2) dismissing the proceeding; or (3) rendering a decision by default against the person.

Enumerates the powers of a presiding employee at proceeding under trial-type procedure. Authorizes such employee to ask questions of parties to the proceeding and to request an agency to consider and act on interlocutory appeals to expedite final agency action.

Directs the employee to: (1) oversee the expeditious completion of such hearing; and (2) provide a concise record of the important matters of the proceeding.

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.

=Title III: Organizational and Program Improvements= - Amends the Administrative Conference Act to repeal a requirement that the public members of the Conference be attorneys, scholars in government, or otherwise especially informed about Federal administrative procedure.

Prohibits an agency from providing financial assistance for the costs of public participation in agency proceedings without specific statutory authority. Permits an agency having such authority to make recommendations to the Chairman of the Conference to provide such assistance. Authorizes the Chairman to award such assistance to an individual upon determining that: (1) the individual effectively represents an interest which is important to the fair disposition of such proceeding; and (2) the individual cannot otherwise afford to participate. Limits the maximum amount of such assistance which an individual may receive in a year to $50,000 from one agency or $100,000 total. Requires any person awarded such assistance to enter into an agreement with the Chairman which outlines the representation to be provided by such person in the proceeding and permits the Chairman to examine expenditures from such assistance. Directs the Chairman to report to Congress and the Director of OMB on the identity of applicants for such assistance and the amounts of assistance provided to each applicant. Authorizes appropriations for providing such assistance for fiscal years 1981 through 1984. Directs the Comptroller General to audit the financial assistance procedures established pursuant to this Act and to include in a report to Congress recommendations as to whether such procedures should be continued, modified, or terminated.