I

104TH CONGRESS

1ST SESSION H. R. 1839

To require Executive agencies to identify which of its regulations impose

requirements which conflict with the requirements of other Executive

agencies, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 14, 1995

Mr. HOEKSTRA (for himself, Mr. NORWOOD, Mr. MCKEON, Mr. HUTCHINSON,

Mr. WELDON of Florida, Mr. CUNNINGHAM, Mr. BOEHNER, Mr.

SOUDER, Mr. KNOLLENBERG, Mr. PETRI, Mr. GUNDERSON, and Mr.

FUNDERBURK) introduced the following bill; which was referred to the

Committee on Government Reform and Oversight, and in addition to the

Committee on the Judiciary, for a period to be subsequently determined

by the Speaker, in each case for consideration of such provisions as fall

within the jurisdiction of the committee concerned

A BILL

To require Executive agencies to identify which of its regulations impose requirements which conflict with the requirements of other Executive agencies, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Regulatory Harmoni5 zation Act’’.
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1 SEC. 2. CONFLICT LIST.

2 (a) GENERAL RULE.—Within 180 days of the date

3 of the enactment of this Act and annually thereafter, each

4 Executive agency shall publish a proposed list of which

5 of its regulations impose requirements which are poten6 tially in conflict with the requirements of the regulations

7 of another Executive agency or with the requirements of

8 legislation.

9 (b) PUBLICATION AND COMMENT.—When an Execu10 tive agency publishes its proposed list under subsection

11 (a), such agency shall in such publication provide oppor12 tunity for public comment on its list. The agency shall pro13 vide at least 150 days for such comment.

14 (c) PUBLICATION OF FINAL LIST.—Based on the

15 comments received under subsection (b), an Executive

16 agency shall revise its proposed list and publish a final

17 list not later than 180 days after the publication of the

18 proposed list under subsection (a).

19 (d) PROPOSED CHANGES AND RECOMMENDA20 TIONS.—Within 180 days of the date of the publication

21 of a final list under subsection (c), each Executive agency

22 shall—

23 (1) publish proposed changes in its regulations

24 to resolve the conflict identified by the agency in the

25 list published under subsection (c); and
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1 (2) submit to Congress recommendations for

2 changes in legislation to resolve the conflict identi3 fied under subsection (c).

4 Within 360 days of the date of the publication of proposed

5 changes under paragraph (1), such proposed changes shall

6 be issued as final changes.

7 (d) ENFORCEMENT.—Upon the expiration of 36

8 months after the date of the enactment of this Act, it shall

9 be an affirmative defense to a civil action brought against

10 a person to enforce a Federal regulatory requirement that

11 such requirement is potentially in conflict with another

12 regulatory requirement with which such person is in com13 pliance.

14 SEC. 3. DEFINITIONS.

15 For purposes of this Act—

16 (1) the term ‘‘Executive agency’’ has the mean17 ing prescribed for such term by section 105 of title

18 5, United States Code;

19 (2) the term ‘‘potentially in conflict’’ means

20 that a requirement of a Federal regulation overlaps

21 with, is inconsistent with, or conflicts with another

22 requirement of a Federal regulation or Federal stat23 ute and includes establishing labeling requirements

24 that are not identical for the same product, estab25 lishing packaging requirements for the same product
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1 that are not identical, establishing training require2 ments that are not identical on the same subject

3 matter, or establishing third party notification or

4 warning requirements that are not identical for

5 goods or services;

6 (3) the term ‘‘resolve the conflict’’ to amend a

7 regulation or a law so that a regulation is no longer

8 potentially in conflict; and

9 (4) the term ‘‘regulation’’ means any Federal

10 regulation or any other administrative agency action

11 that has the force of law.

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