S.3308 - Federal Agency Rules and Recodification Act94th Congress (1975-1976)
|Sponsor:||Sen. Pearson, James B. [R-KS] (Introduced 04/13/1976)|
|Committees:||Senate - Commerce | House - Interior and Insular Affairs; Public Works and Transportation; Judiciary; Merchant Marine and Fisheries|
|Committee Reports:||S.Rept 94-838|
|Latest Action:||House - 05/25/1976 Referred jointly to House Committees on Merchant Marine and Fisheries; and the Judiciary. (All Actions)|
This bill has the status Passed Senate
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Summary: S.3308 — 94th Congress (1975-1976)All Information (Except Text)
(Reported to Senate from the Committee on Commerce with amendment, S. Rept. 94-838)
Reported to Senate with amendment(s) (05/13/1976)
Interim Regulatory Reform Act - Defines "independent regulatory agency," for purposes of this Act to mean: The Interstate Commerce Commission (ICC), The Federal Trade Commission (FTC), the Federal Power Commission (FPC), the Federal Communication Commission (FCC), the Civil Aeronautics Board (CAB), the Federal Maritime Commission (FMC), and The Consumer Product Safety Commission (CPSC).
Requires the chairmen of such agencies to develop initial and final proposals for recodifications of all effective rules of such agencies for submission to the Congress and the Administrative Conference. Requires such proposals to be designed to coordinate, to make more understandable, and to modernize such rules in order to facilitate effective and fair administration.
Directs the appropriate oversight committees of the Congress to examine and take appropriate action regarding such initial and final proposals.
Requires the Administrative Conference to submit recommendations to the Congress and each agency on the initial proposal.
Requires each such agency to fully review the statutory and case law relating to its powers, duties, and functions, and to recommend to the Congress legislation to better achieve the purposes of the agency.
Requires each such agency to recommend revision and codification of such statutes and other authority to enhance commerce and protect consumers.
Provides, under the Federal Trade Commission Act, the Communications Act, and the Federal Power Act, that whenever an interested person petitions the FTC, FCC, FPC, CAB, ICC, or FMC for the commencement of a proceeding for the issuance, amendment, or repeal of an order, rule, or regulation, the Commission shall grant or deny such petition within 120 days, commencing appropriate proceedings in case of approval, or publishing its reasons in case of denia. Allows a petitioner in the case of denial to commence a civil action for an order directing the respective Commission to proceed to take the requested action. Provides that where the petitioner demonstrates to the statisfaction of the court by a preponderance of the evidence that the failure to grant such petition is arbitrary and capricious, that the requested action is necessary, and that the failure of the respective Commission to act will cause continuation of practices inconsistent with such respective Acts, such court shall order the Commission to initiate such action.
Provides under such Acts that such respective Commissions shall concurrently submit to the Congress a copy of any budget estimate, request, or information it submits to the President or the Office of Management and Budget (OMB), and a copy of any legislative recommendations, testimony, or comments on legislation it submits.
Provides that whenever a duly authorized committee of the Congress which has responsibility for the authorization of appropriations for each such Commission, including the CPSC under the Consumer Product Safety Act, makes a written request for documents in the possession or subject to the control of the Commission, each such Commission shall, within ten days after the date of receipt of such request, submit such documents (or copies thereof) to such committee.
Provides that the FCC, FPC, CAB, ICC, or FMC may commence, defend, or intervene in, and supervise the litigation of civil actions in its own name in specified circumstances in which the Attorney General does not act.
Makes it a Federal crime to kill or assault officers of such agencies engaged in investigative, inspection, or law enforcement functions.
Prohibits commissioners of the FRC, FCC, FPC, CPSC, CAB, FMC, or ICC from engaging in other businesses or employment while serving as commissioners and from representing any person before each respective Commission within two years after ceasing to be commissioners.
Permits the bringing of a civil suit against the FTC, FCC, CAB, FMC, FPC and ICC where such agencies act deceitfully, or are grossly negligent in failing to perform a discretionary function.
Provides that in civil actions relating to injunctive relief of consumer redress; in civil actions to obtain judicial review of a rule, regulation, or order of the ICC; or in a civil action relating to enforcement of a subpena of the ICC, the ICC shall have exclusive authority to commence or defend such action in its own name with its own attorneys. Sets forth circumstances in which the ICC may represent itself before the Supreme Court in such an action.