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S. 263

Interim Regulatory Reform Act

(Reported to Senate from the Committee on Commerce, Science, and Transportation with amendment, S. Rept. 95-201)

Interim Regulatory Reform Act - Directs specified commissions to (1) review and study the law of the United States relating to that commission for the purpose of recommending to the Congress legislation that would better achieve each commission's purpose; and (2) make recommendation for revision and codification of statutes and other lawful authorities administered by or applicable to each such commission. Authorizes each commission to appoint and compensate a qualified individual to serve as the director of that commission's law revision activity. Directs each commission to provide interested persons and government entities an opportunity to submit comments and recommendations on such law revision activity. Directs each commission to submit reports to Congress and the President on such revisions.

States that the term "Commission" shall mean the Federal Communications Commission, the Interstate Commerce Commission, the Federal Power Commission, the Consumer Product Safety Commission, the Civil Aeronautics Board, the Federal Maritime Commission, and the Federal Trade Commission.

Referred to House Committee on the Judiciary.

Sen. Pearson, James B. [R-KS](R-KS)Sponsor
2 cosponsors
2committees
May 16, 197701
(Reported to Senate from the Committee on Commerce, Science, and Transportation with amendment, S. Rept. 95-201)

Interim Regulatory Reform Act - Directs specified commissions to (1) review and study the law of the United States relating to that commission for the purpose of recommending to the Congress legislation that would better achieve each commission's purpose; and (2) make recommendation for revision and codification of statutes and other lawful authorities administered by or applicable to each such commission. Authorizes each commission to appoint and compensate a qualified individual to serve as the director of that commission's law revision activity. Directs each commission to provide interested persons and government entities an opportunity to submit comments and recommendations on such law revision activity. Directs each commission to submit reports to Congress and the President on such revisions.

States that the term "Commission" shall mean the Federal Communications Commission, the Interstate Commerce Commission, the Federal Power Commission, the Consumer Product Safety Commission, the Civil Aeronautics Board, the Federal Maritime Commission, and the Federal Trade Commission.

Jan 14, 197700

Interim Regulatory Reform Act - Amends the Federal Trade Commission Act, the Communications Act of 1934, the Federal Power Act, the Consumer Product Safety Commission Act the Federal Aviation Act of 1958, and the Interstate Commerce Act, to require the Federal Trade Commission, the Federal Communications Commission, the Federal Power Commission, the Consumer Product Safety Commission, the Civil Aeronautics Board, the Interstate Commerce Commission, and the Federal Maritime Commission to submit to Congress and the Administrative Conference of the United States proposals for the recodification of all rules which such agencies have issued or have proposed to issue with the purpose of consolidating , coordinating, making more understandable, and modernizing such rules in order to facilitate effective and fair administration of such rules. Requires the Administrative Conference to submit to Congress and such agencies its comments on the initial proposals submitted under this Act and requires such agencies to revise their initial proposals in light of such comments. Requires the appropriate committees of Congress to take appropriate action on such proposals. Requires publication of such proposals in the Federal Register.

Directs each such agency, except the Interstate Commerce Commission, to establish Advisory Committees on Law Revision to aid each agency in reviewing of the law of the United States relating to each such agency for the purpose of formulating and recommending to the Congress legislation that would better achieve the purpose for which such agency was established and promote competition and consumer protection. Requires each such agency to solicit the comments and recommendations of interested persons and governmental entities with respect to such law revision. Directs each Commission to coordinate its activities with both the Law Revision Counsel of the House of Representatives and the Congressional Research Service. Requires interim reports to be submitted to the President and Congress within six months of the enactment of this Act and final reports within two years of such enactment accompanied by an analysis of the consequences of such recommended revisions, a discussion of significant alternatives considered but not recommended, and such other information as may be useful to Congress and that may facilitate congressional consideration thereof.

Specifies that the Federal Trade, Federal Communications, Federal Maritime and the Federal Power Commissions and the Civil Aeronautics Board shall grant or deny petitions to such agencies for the commencement of a proceeding for the issuance, amendment, or repeal of an agency rule within 120 days of the receipt of such petition. States that if such petition is granted, proceedings shall start as soon as practicable and if not, the reasons for such denial shall be published in the Federal Register. Provides that in the event such petition is not acted upon or is denied the petitioner may commence a civil action to require the initiation of such proceeding which shall issue if the failure to grant such petition is arbitrary and capricious, the action requested is necessary, and the failure of the petitioned Commission to take such action is inconsistent with this or any other Act applying to such Commission.

States that the Federal Trade, Communications, Power, Consumer Product Safety and Maritime Commissions and the Civil Aeronautics Board must submit to Congress any budget estimate, request, legislative recommendations, testimony, or comments on legislation whenever such information is submitted to the President or the Office of Management and Budget. Requires those agencies to submit to the appropriate congressional committee upon request documents in the possession of such agency.

Authorizes the Federal Communications, Power and Maritime Commission, the Civil Areonautics Board and the Interstate Commerce Commission to commence, defend, or intervene in any civil action which both such agency and the Attorney General are authorized to undertake involving any statute administered by such agencies if the Attorney General fails upon notification to commence, defend, or intervene in such action. Permits such agencies to seek or defend any action for an injunction without first notifying the Attorney General. Grants the Interstate Commerce Commission exclusive authority to commence, defend and supervise the litigation of specified action which it may become involved without first requesting the Attorney General to do so. States that if the Attorney General, upon request of the Commission does commence an action over which this Act gives the Commission exclusive authority, he may not settle or otherwise compromise the Commission's position without the consent of the Commission.

Makes the killing of any officer or employee of the Interstate Commerce, Federal Trade, Federal Power, Federal Communications, and Federal Maritime Commissions, and the Civil Areonautics Board a Federal crime.

Prohibits Commissioners of the Federal Trade, Communications, Power and Maritime Commissions, the Interstate Commerce Commission and Members of the Civil Areonautics Board from engaging in any profession while serving as a Commissioner and from representing any person in a professional capacity before an agency on which he or she served as a Commissioner or Board member for a period of two years following such service as a Commissioner or Board member.

States that the Federal tort claims law provisions shall not prohibit the bringing of a claim against the Federal Trade, Communications Power, or Maritime Commissions, the Interstate Commerce Commission, or the Civil Areonautics Board based upon misrepresentation or deceit before January 1, 1979 or based upon any malfeasance, nonfeasance, or misfeasance before January 1, 1979. Prohibits the use of appropriated funds to pay judgements from actions brought pursuant to such provision.

Requires the appointment of Chairmen of the Federal Trade, Communications, Power, Consumer Product Safety and Maritime Commissions, the Interstate Commerce Commission and the Civil Areonautics Board to be made by and with the advise and consent of the Senate and limits the term of such Chairmanships to three years.

Interim Regulatory Reform Act — Informed