Regulatory Transition Act of 1995

Summary: Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions, with certain emergency exceptions for designated imminent threats to health or safety, actions necessary for enforcement of criminal laws, and actions to establish or enforce specified civil rights. (Sec. 3) Extends such moratorium from November 20, 1994, until the earlier of December 31, 1995, or the first date on which there have been enacted one or more laws that:  (1) require the Federal rulemaking process to include cost-benefit analysis (including analysis of costs resulting from the loss of property rights); and (2) for those Federal regulations subject to risk analysis and risk assessment, require that they undergo standardized risk analysis and risk assessment using the best scientific and economic procedures. Sets a special moratorium period for regulatory rulemaking action with respect to determining an endangered species or a threatened species, or designating a critical habitat, under the Endangered Species Act of 1973.  Extends such moratorium from November 20, 1994, through the earlier of December 31, 1996, or the first date on which there has been enacted (after enactment of this Act) a law authorizing appropriations to carry out the Endangered Species Act of 1973. Suspends (subject to emergency, criminal law enforcement, and civil rights exceptions), starting 30 days after enactment of this Act, until the end of the moratorium period, the effectiveness of any regulatory rulemaking action taken or made effective during the moratorium period but before enactment of this Act. (Sec. 4) Extends for five months or until the end of the moratorium period, whichever is later, any statutory, regulatory, or judicial deadline for, relating to, or involving any action dependent upon, any regulatory rulemaking actions authorized or required to be taken before the end of the moratorium period. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions taken or made effective, and any statutory, regulatory, and judicial deadlines falling, during the moratorium period but before the date of enactment of this Act. (Sec. 6) Excludes from the meaning of rule (and so exempt from this moratorium):  (1) the approval or prescription, on a case-by-case or consolidated basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor, or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (2) any action taken in connection with the safety of aviation, the implementation of monetary policy, the safety and soundness of federally insured depository institutions (or affiliates), credit unions, or government sponsored housing enterprises, or the protection of Federal deposit insurance funds; and (3) the granting of an application for a license, registration, or similar authority, the granting or recognition of an exception, the granting of a variance or petition for relief from a regulatory requirement, or other action relieving a restriction, or any action necessary to permit new or improved applications of technology or allow the manufacture, distribution, sale, or use of a substance or product. Specifies that moratorium-exempt agency actions to relieve restrictions include any action which establishes, modifies, or conducts a regulatory program for a recreational or subsistence activity, including but not limited to hunting, fishing, and camping, if a Federal law prohibits such activity in the absence of agency action. (Sec. 7) Declares that no private right of action may be brought against any Federal agency for violation of this Act.  States that this prohibition shall not affect any private right of action or remedy otherwise available under any other law. (Sec. 9) Exempts from the moratorium imposed by this Act specified regulatory rulemaking actions (or any related action) dealing with: (1) textile imports; (2) customs modernization; (3) intellectual property protection and market access in China; (4) Federal Communications Commission transfer of 50 megahertz of spectrum below 5 GHz from government to private use; (5) personal communications services licenses; (6) wide-area specialized mobile radio licenses; and (7) improved trading opportunities for regional exchanges. (Sec. 10) Delays until six months after the end of the moratorium period the effective date of any rule with respect to small businesses (with 100 or fewer employees) that resulted from a regulatory rulemaking action suspended or prohibited by this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Transition Act of 1995''.

SEC. 2. FINDING.

    The Congress finds that effective steps for improving the 
efficiency and proper management of Government operations, including 
enactment of a new law or laws to require (1) that the Federal 
rulemaking process include cost/benefit analysis, including analysis of 
costs resulting from the loss of property rights, and (2) for those 
Federal regulations that are subject to risk analysis and risk 
assessment that those regulations undergo standardized risk analysis 
and risk assessment using the best scientific and economic procedures, 
will be promoted if a moratorium on new rulemaking actions is imposed 
and an inventory of such action is conducted.

SEC. 3. MORATORIUM ON REGULATIONS.

    (a) Moratorium.--Until the end of the moratorium period, a Federal 
agency may not take any regulatory rulemaking action, unless an 
exception is provided under section 5. Beginning 30 days after the date 
of the enactment of this Act, the effectiveness of any regulatory 
rulemaking action taken or made effective during the moratorium period 
but before the date of the enactment shall be suspended until the end 
of the moratorium period, unless an exception is provided under section 
5.
    (b) Inventory of Rulemakings.--Not later than 30 days after the 
date of the enactment of this Act, the President shall conduct an 
inventory and publish in the Federal Register a list of all regulatory 
rulemaking actions covered by subsection (a) taken or made effective 
during the moratorium period but before the date of the enactment.

SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES.

    (a) In General.--Any deadline for, relating to, or involving any 
action dependent upon, any regulatory rulemaking actions authorized or 
required to be taken before the end of the moratorium period is 
extended for 5 months or until the end of the moratorium period, 
whichever is later.
    (b) Deadline Defined.--The term ``deadline'' means any date certain 
for fulfilling any obligation or exercising any authority established 
by or under any Federal statute or regulation, or by or under any court 
order implementing any Federal statute or regulation.
    (c) Identification of Postponed Deadlines.--Not later than 30 days 
after the date of the enactment of this Act, the President shall 
identify and publish in the Federal Register a list of deadlines 
covered by subsection (a).

SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS.

    (a) Emergency Exception.--Section 3(a) or 4(a), or both, shall not 
apply to a regulatory rulemaking action if--
            (1) the head of a Federal agency otherwise authorized to 
        take the action submits a written request to the Administrator 
        of the Office of Information and Regulatory Affairs within the 
        Office of Management and Budget and submits a copy thereof to 
        the appropriate committees of each House of the Congress;
            (2) the Administrator of the Office of Information and 
        Regulatory Affairs within the Office of Management and Budget 
        finds in writing that a waiver for the action is (A) necessary 
        because of an imminent threat to health or safety or other 
        emergency, or (B) necessary for the enforcement of criminal 
        laws; and
            (3) the Federal agency head publishes the finding and 
        waiver in the Federal Register.
    (b) Exclusions.--The head of an agency shall publish in the Federal 
Register any action excluded because of a certification under section 
6(3)(B).
    (c) Civil Rights Exception.--Section 3(a) or 4(a), or both, shall 
not apply to a regulatory rulemaking action to establish or enforce any 
statutory rights against discrimination on the basis of age, race, 
religion, gender, national origin, or handicapped or disability status 
except such rulemaking actions that establish, lead to, or otherwise 
rely on the use of a quota or preference based on age, race, religion, 
gender, national origin, or handicapped or disability status.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Federal agency.--The term ``Federal agency'' means any 
        agency as that term is defined in section 551(1) of title 5, 
        United States Code (relating to administrative procedure).
            (2) Moratorium period.--The term ``moratorium period'' 
        means the period of time--
                    (A) beginning November 20, 1994; and
                    (B) ending on the earlier of--
                            (i) the first date on which there have been 
                        enacted one or more laws that--
                                    (I) require that the Federal 
                                rulemaking process include cost/benefit 
                                analysis, including analysis of costs 
                                resulting from the loss of property 
                                rights; and
                                    (II) for those Federal regulations 
                                that are subject to risk analysis and 
                                risk assessment, require that those 
                                regulations undergo standardized risk 
                                analysis and risk assessment using the 
                                best scientific and economic 
                                procedures; or
                            (ii) December 31, 1995;
        except that in the case of a regulatory rulemaking action with 
        respect to determining that a species is an endangered species 
        or a threatened species under section 4(a)(1) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1533(a)(1)) or designating 
        critical habitat under section 4(a)(3) of that Act (16 U.S.C. 
        1533(a)(3)), the term means the period of time beginning on the 
        date described in subparagraph (A) and ending on the earlier of 
        the first date on which there has been enacted after the date 
        of the enactment of this Act a law authorizing appropriations 
        to carry out the Endangered Species Act of 1973, or December 
        31, 1996.
            (3) Regulatory rulemaking action.--
                    (A) In general.--The term ``regulatory rulemaking 
                action'' means any rulemaking on any rule normally 
                published in the Federal Register, including--
                            (i) the issuance of any substantive rule, 
                        interpretative rule, statement of agency 
                        policy, notice of inquiry, advance notice of 
                        proposed rulemaking, or notice of proposed 
                        rulemaking, and
                            (ii) any other action taken in the course 
                        of the process of rulemaking (except a cost 
                        benefit analysis or risk assessment, or both).
                    (B) Exclusions.--The term ``regulatory rulemaking 
                action'' does not include--
                            (i) any agency action that the head of the 
                        agency and the Administrator of the Office of 
                        Information and Regulatory Affairs within the 
                        Office of Management and Budget certify in 
                        writing is limited to repealing, narrowing, or 
                        streamlining a rule, regulation, or 
                        administrative process or otherwise reducing 
                        regulatory burdens;
                            (ii) any agency action that the head of the 
                        agency and the Administrator of the Office of 
                        Information and Regulatory Affairs within the 
                        Office of Management and Budget certify in 
                        writing is limited to matters relating to 
                        military or foreign affairs functions, statutes 
                        implementing international trade agreements, 
                        including all agency actions required by the 
                        Uruguay Round Agreements Act, or agency 
                        management, personnel, or public property, 
                        loans, grants, benefits, or contracts;
                            (iii) any agency action that the head of 
                        the agency and the Administrator of the Office 
                        of Information and Regulatory Affairs within 
                        the Office of Management and Budget certify in 
                        writing is limited to a routine administrative 
                        function of the agency;
                            (iv) any agency action that--
                                    (I) is taken by an agency that 
                                supervises and regulates insured 
                                depository institutions, affiliates of 
                                such institutions, credit unions, or 
                                government sponsored housing 
                                enterprises; and
                                    (II) the head of the agency 
                                certifies would meet the standards for 
                                an exception or exclusion described in 
                                this Act; or
                            (v) any agency action that the head of the 
                        agency certifies is limited to interpreting, 
                        implementing, or administering the internal 
                        revenue laws of the United States.
            (4) Rule.--The term ``rule'' means the whole or a part of 
        an agency statement of general or particular applicability and 
        future effect designed to implement, interpret, or prescribe 
        law or policy. Such term does not include the approval or 
        prescription, on a case-by-case or consolidated case basis, for 
        the future of rates, wages, corporation, or financial 
        structures or reorganizations thereof, prices, facilities, 
        appliances, services or allowances therefor, or of valuations, 
        costs, or accounting, or practices bearing on any of the 
        foregoing, nor does it include any action taken in connection 
        with the safety of aviation or any action taken in connection 
        with the implementation of monetary policy or to ensure the 
        safety and soundness of federally insured depository 
        institutions, any affiliate of such an institution, credit 
        unions, or government sponsored housing enterprises or to 
        protect the Federal deposit insurance funds. Such term also 
        does not include granting an application for a license, 
        registration, or similar authority, granting or recognizing an 
        exemption, granting a variance or petition for relief from a 
        regulatory requirement, or other action relieving a restriction 
        (including any agency action which establishes, modifies, or 
        conducts a regulatory program for a recreational or subsistence 
        activity, including but not limited to hunting, fishing, and 
        camping, if a Federal law prohibits the recreational or 
        subsistence activity in the absence of the agency action) or 
        taking any action necessary to permit new or improved 
        applications of technology or allow the manufacture, 
        distribution, sale, or use of a substance or product.
            (5) Rulemaking.--The term ``rulemaking'' means agency 
        process for formulating, amending, or repealing a rule.
            (6) License.--The term ``license'' means the whole or part 
        of an agency permit, certificate, approval, registration, 
        charter, membership, statutory exemption, or other form of 
        permission.
            (7) Imminent threat to health or safety.--The term 
        ``imminent threat to health or safety'' means the existence of 
        any condition, circumstance, or practice reasonably expected to 
        cause death, serious illness, or severe injury to humans, or 
        substantial endangerment to private property during the 
        moratorium period.

SEC. 7. LIMITATION ON CIVIL ACTIONS.

    No private right of action may be brought against any Federal 
agency for a violation of this Act. This prohibition shall not affect 
any private right of action or remedy otherwise available under any 
other law.

SEC. 8. RELATIONSHIP TO OTHER LAW; SEVERABILITY.

    (a) Applicability.--This Act shall apply notwithstanding any other 
provision of law.
    (b) Severability.--If any provision of this Act, or the application 
of any provision of this Act to any person or circumstance, is held 
invalid, the application of such provision to other persons or 
circumstances, and the remainder of this Act, shall not be affected 
thereby.

SEC. 9. REGULATIONS TO AID BUSINESS COMPETITIVENESS.

    Section 3(a) or 4(a), or both, shall not apply to any of the 
following regulatory rulemaking actions (or any such action relating 
thereto):
            (1) Conditional release of textile imports.--A final rule 
        published on December 2, 1994 (59 Fed. Reg. 61798), to provide 
        for the conditional release by the Customs Service of textile 
        imports suspected of being imported in violation of United 
        States quotas.
            (2) Textile imports.--Any action which the head of the 
        relevant agency and the Administrator of the Office of 
        Information and Regulatory Affairs certify in writing is a 
        substantive rule, interpretive rule, statement of agency 
        policy, or notice of proposed rulemaking to interpret, 
        implement, or administer laws pertaining to the import of 
        textiles and apparel including section 334 of the Uruguay Round 
        Agreements Act (P.L. 103-465), relating to textile rules of 
        origin.
            (3) Customs modernization.--Any action which the head of 
        the relevant agency and the Administrator of the Office of 
        Information and Regulatory Affairs certify in writing is a 
        substantive rule, interpretive rule, statement of agency 
        policy, or notice of proposed rulemaking to interpret, 
        implement, or administer laws pertaining to the customs 
        modernization provisions contained in title VI of the North 
        American Free Trade Agreement Implementation Act (P.L. 103-
        182).
            (4) Actions with respect to china regarding intellectual 
        property protection and market access.--A regulatory rulemaking 
        action providing notice of a determination that the People's 
        Republic of China's failure to enforce intellectual property 
        rights and to provide market access is unreasonable and 
        constitutes a burden or restriction on United States commerce, 
        and a determination that trade action is appropriate and that 
        sanctions are appropriate, taken under section 
        304(a)(1)(A)(ii), section 304(a)(1)(B), and section 301(b) of 
        the Trade Act of 1974 and with respect to which a notice of 
        determination was published on February 7, 1995 (60 Fed. Reg. 
        7230).
            (5) Transfer of spectrum.--A regulatory rulemaking action 
        by the Federal Communications Commission to transfer 50 
        megahertz of spectrum below 5 GHz from government use to 
        private use, taken under the Omnibus Budget Reconciliation Act 
        of 1993 and with respect to which notice of proposed rulemaking 
        was published at 59 Federal Register 59393.
            (6) Personal communications services licenses.--A 
        regulatory rulemaking action by the Federal Communications 
        Commission to establish criteria and procedures for issuing 
        licenses utilizing competitive bidding procedures to provide 
        personal communications services--
                    (A) taken under section 309(j) of the 
                Communications Act and with respect to which a final 
                rule was published on December 7, 1994 (59 Fed. Reg. 
                63210); or
                    (B) taken under sections 3(n) and 332 of the 
                Communications Act and with respect to which a final 
                rule was published on December 2, 1994 (59 Fed. Reg. 
                61828).
            (7) Wide-area specialized mobile radio licenses.--A 
        regulatory rulemaking action by the Federal Communications 
        Commission to provide for competitive bidding for wide-area 
        specialized mobile radio licenses, taken under section 309(j) 
        of the Communications Act and with respect to which a proposed 
        rule was published on February 14, 1995 (60 Fed. Reg. 8341).
            (8) Improved trading opportunities for regional 
        exchanges.--A regulatory rulemaking action by the Securities 
        and Exchange Commission to provide for increased competition 
        among the stock exchanges, taken under the Unlisted Trading 
        Privileges Act of 1994 and with respect to which proposed 
        rulemaking was published on February 9, 1995 (60 Fed. Reg. 
        7718).

SEC. 10. DELAYING EFFECTIVE DATE OF RULES WITH RESPECT TO SMALL 
              BUSINESSES.

    (a) Delay Effectiveness.--For any rule resulting from a regulatory 
rulemaking action that is suspended or prohibited by this Act, the 
effective date of the rule with respect to small businesses may not 
occur before six months after the end of the moratorium period.
    (b) Small Business Defined.--In this section, the term ``small 
business'' means any business with 100 or fewer employees.

            Passed the House of Representatives February 24, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.