In the House of Representatives, U. S.,

May 17, 1995.

Resolved, That the bill from the Senate (S. 219) entitled

‘‘An Act to ensure economy and efficiency of Federal Government operations by establishing a moratorium on regulatory

rulemaking actions, and for other purposes’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause, and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Regulatory Transition

3 Act of 1995’’.
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1 SEC. 2. FINDING.

2 The Congress finds that effective steps for improving

3 the efficiency and proper management of Government oper4 ations, including enactment of a new law or laws to require

5 (1) that the Federal rulemaking process include cost/benefit

6 analysis, including analysis of costs resulting from the loss

7 of property rights, and (2) for those Federal regulations that

8 are subject to risk analysis and risk assessment that those

9 regulations undergo standardized risk analysis and risk as10 sessment using the best scientific and economic procedures,

11 will be promoted if a moratorium on new rulemaking ac12 tions is imposed and an inventory of such action is con13 ducted.

14 SEC. 3. MORATORIUM ON REGULATIONS.

15 (a) MORATORIUM.—Until the end of the moratorium

16 period, a Federal agency may not take any regulatory rule17 making action, unless an exception is provided under sec18 tion 5. Beginning 30 days after the date of the enactment

19 of this Act, the effectiveness of any regulatory rulemaking

20 action taken or made effective during the moratorium pe21 riod but before the date of the enactment shall be suspended

22 until the end of the moratorium period, unless an exception

23 is provided under section 5.

24 (b) INVENTORY OF RULEMAKINGS.—Not later than 30

25 days after the date of the enactment of this Act, the Presi26 dent shall conduct an inventory and publish in the Federal
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1 Register a list of all regulatory rulemaking actions covered

2 by subsection (a) taken or made effective during the morato3 rium period but before the date of the enactment.

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

5 JUDICIAL DEADLINES.

6 (a) IN GENERAL.—Any deadline for, relating to, or in7 volving any action dependent upon, any regulatory rule8 making actions authorized or required to be taken before

9 the end of the moratorium period is extended for 5 months

10 or until the end of the moratorium period, whichever is

11 later.

12 (b) DEADLINE DEFINED.—The term ‘‘deadline’’ means

13 any date certain for fulfilling any obligation or exercising

14 any authority established by or under any Federal statute

15 or regulation, or by or under any court order implementing

16 any Federal statute or regulation.

17 (c) IDENTIFICATION OF POSTPONED DEADLINES.—Not

18 later than 30 days after the date of the enactment of this

19 Act, the President shall identify and publish in the Federal

20 Register a list of deadlines covered by subsection (a).

21 SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS.

22 (a) EMERGENCY EXCEPTION.—Section 3(a) or 4(a), or

23 both, shall not apply to a regulatory rulemaking action if—

24 (1) the head of a Federal agency otherwise au25 thorized to take the action submits a written request
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1 to the Administrator of the Office of Information and

2 Regulatory Affairs within the Office of Management

3 and Budget and submits a copy thereof to the appro4 priate committees of each House of the Congress;

5 (2) the Administrator of the Office of Informa6 tion and Regulatory Affairs within the Office of Man7 agement and Budget finds in writing that a waiver

8 for the action is (A) necessary because of an immi9 nent threat to health or safety or other emergency, or

10 (B) necessary for the enforcement of criminal laws;

11 and

12 (3) the Federal agency head publishes the finding

13 and waiver in the Federal Register.

14 (b) EXCLUSIONS.—The head of an agency shall publish

15 in the Federal Register any action excluded because of a

16 certification under section 6(3)(B).

17 (c) CIVIL RIGHTS EXCEPTION.—Section 3(a) or 4(a),

18 or both, shall not apply to a regulatory rulemaking action

19 to establish or enforce any statutory rights against dis20 crimination on the basis of age, race, religion, gender, na21 tional origin, or handicapped or disability status except

22 such rulemaking actions that establish, lead to, or otherwise

23 rely on the use of a quota or preference based on age, race,

24 religion, gender, national origin, or handicapped or disabil25 ity status.
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1 SEC. 6. DEFINITIONS.

2 For purposes of this Act:

3 (1) FEDERAL AGENCY.—The term ‘‘Federal agen4 cy’’ means any agency as that term is defined in sec5 tion 551(1) of title 5, United States Code (relating to

6 administrative procedure).

7 (2) MORATORIUM PERIOD.—The term ‘‘morato8 rium period’’ means the period of time—

9 (A) beginning November 20, 1994; and

10 (B) ending on the earlier of—

11 (i) the first date on which there have

12 been enacted one or more laws that—

13 (I) require that the Federal rule14 making process include cost/benefit

15 analysis, including analysis of costs re16 sulting from the loss of property rights;

17 and

18 (II) for those Federal regulations

19 that are subject to risk analysis and

20 risk assessment, require that those reg21 ulations undergo standardized risk

22 analysis and risk assessment using the

23 best scientific and economic procedures;

24 or

25 (ii) December 31, 1995;
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1 except that in the case of a regulatory rulemaking ac2 tion with respect to determining that a species is an

3 endangered species or a threatened species under sec4 tion 4(a)(1) of the Endangered Species Act of 1973

5 (16 U.S.C. 1533(a)(1)) or designating critical habitat

6 under section 4(a)(3) of that Act (16 U.S.C.

7 1533(a)(3)), the term means the period of time begin8 ning on the date described in subparagraph (A) and

9 ending on the earlier of the first date on which there

10 has been enacted after the date of the enactment of

11 this Act a law authorizing appropriations to carry

12 out the Endangered Species Act of 1973, or December

13 31, 1996.

14 (3) REGULATORY RULEMAKING ACTION.—

15 (A) IN GENERAL.—The term ‘‘regulatory

16 rulemaking action’’ means any rulemaking on

17 any rule normally published in the Federal Reg18 ister, including—

19 (i) the issuance of any substantive rule,

20 interpretative rule, statement of agency pol21 icy, notice of inquiry, advance notice of

22 proposed rulemaking, or notice of proposed

23 rulemaking, and

24 (ii) any other action taken in the

25 course of the process of rulemaking (except
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1 a cost benefit analysis or risk assessment, or

2 both).

3 (B) EXCLUSIONS.—The term ‘‘regulatory

4 rulemaking action’’ does not include—

5 (i) any agency action that the head of

6 the agency and the Administrator of the Of7 fice of Information and Regulatory Affairs

8 within the Office of Management and Budg9 et certify in writing is limited to repealing,

10 narrowing, or streamlining a rule, regula11 tion, or administrative process or otherwise

12 reducing regulatory burdens;

13 (ii) any agency action that the head of

14 the agency and the Administrator of the Of15 fice of Information and Regulatory Affairs

16 within the Office of Management and Budg17 et certify in writing is limited to matters

18 relating to military or foreign affairs func19 tions, statutes implementing international

20 trade agreements, including all agency ac21 tions required by the Uruguay Round

22 Agreements Act, or agency management,

23 personnel, or public property, loans, grants,

24 benefits, or contracts;
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1 (iii) any agency action that the head

2 of the agency and the Administrator of the

3 Office of Information and Regulatory Af4 fairs within the Office of Management and

5 Budget certify in writing is limited to a

6 routine administrative function of the

7 agency;

8 (iv) any agency action that—

9 (I) is taken by an agency that su10 pervises and regulates insured deposi11 tory institutions, affiliates of such in12 stitutions, credit unions, or government

13 sponsored housing enterprises; and

14 (II) the head of the agency cer15 tifies would meet the standards for an

16 exception or exclusion described in this

17 Act; or

18 (v) any agency action that the head of

19 the agency certifies is limited to interpret20 ing, implementing, or administering the in21 ternal revenue laws of the United States.

22 (4) RULE.—The term ‘‘rule’’ means the whole or

23 a part of an agency statement of general or particu24 lar applicability and future effect designed to imple25 ment, interpret, or prescribe law or policy. Such term
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1 does not include the approval or prescription, on a

2 case-by-case or consolidated case basis, for the future

3 of rates, wages, corporation, or financial structures or

4 reorganizations thereof, prices, facilities, appliances,

5 services or allowances therefor, or of valuations, costs,

6 or accounting, or practices bearing on any of the fore7 going, nor does it include any action taken in connec8 tion with the safety of aviation or any action taken

9 in connection with the implementation of monetary

10 policy or to ensure the safety and soundness of feder11 ally insured depository institutions, any affiliate of

12 such an institution, credit unions, or government

13 sponsored housing enterprises or to protect the Fed14 eral deposit insurance funds. Such term also does not

15 include granting an application for a license, reg16 istration, or similar authority, granting or recogniz17 ing an exemption, granting a variance or petition for

18 relief from a regulatory requirement, or other action

19 relieving a restriction (including any agency action

20 which establishes, modifies, or conducts a regulatory

21 program for a recreational or subsistence activity, in22 cluding but not limited to hunting, fishing, and

23 camping, if a Federal law prohibits the recreational

24 or subsistence activity in the absence of the agency ac25 tion) or taking any action necessary to permit new
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1 or improved applications of technology or allow the

2 manufacture, distribution, sale, or use of a substance

3 or product.

4 (5) RULEMAKING.—The term ‘‘rulemaking’’

5 means agency process for formulating, amending, or

6 repealing a rule.

7 (6) LICENSE.—The term ‘‘license’’ means the

8 whole or part of an agency permit, certificate, ap9 proval, registration, charter, membership, statutory

10 exemption, or other form of permission.

11 (7) IMMINENT THREAT TO HEALTH OR SAFE12 TY.—The term ‘‘imminent threat to health or safety’’

13 means the existence of any condition, circumstance, or

14 practice reasonably expected to cause death, serious

15 illness, or severe injury to humans, or substantial

16 endangerment to private property during the morato17 rium period.

18 SEC. 7. LIMITATION ON CIVIL ACTIONS.

19 No private right of action may be brought against any

20 Federal agency for a violation of this Act. This prohibition

21 shall not affect any private right of action or remedy other22 wise available under any other law.

23 SEC. 8. RELATIONSHIP TO OTHER LAW; SEVERABILITY.

24 (a) APPLICABILITY.—This Act shall apply notwith25 standing any other provision of law.
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1 (b) SEVERABILITY.—If any provision of this Act, or

2 the application of any provision of this Act to any person

3 or circumstance, is held invalid, the application of such

4 provision to other persons or circumstances, and the re5 mainder of this Act, shall not be affected thereby.

6 SEC. 9. REGULATIONS TO AID BUSINESS COMPETITIVE7 NESS.

8 Section 3(a) or 4(a), or both, shall not apply to any

9 of the following regulatory rulemaking actions (or any such

10 action relating thereto):

11 (1) CONDITIONAL RELEASE OF TEXTILE IM12 PORTS.—A final rule published on December 2, 1994

13 (59 Fed. Reg. 61798), to provide for the conditional

14 release by the Customs Service of textile imports sus15 pected of being imported in violation of United States

16 quotas.

17 (2) TEXTILE IMPORTS.—Any action which the

18 head of the relevant agency and the Administrator of

19 the Office of Information and Regulatory Affairs cer20 tify in writing is a substantive rule, interpretive rule,

21 statement of agency policy, or notice of proposed rule22 making to interpret, implement, or administer laws

23 pertaining to the import of textiles and apparel in24 cluding section 334 of the Uruguay Round Agree-
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1 ments Act (P.L. 103–465), relating to textile rules of

2 origin.

3 (3) CUSTOMS MODERNIZATION.—Any action

4 which the head of the relevant agency and the Admin5 istrator of the Office of Information and Regulatory

6 Affairs certify in writing is a substantive rule, inter7 pretive rule, statement of agency policy, or notice of

8 proposed rulemaking to interpret, implement, or ad9 minister laws pertaining to the customs moderniza10 tion provisions contained in title VI of the North

11 American Free Trade Agreement Implementation Act

12 (P.L. 103–182).

13 (4) ACTIONS WITH RESPECT TO CHINA REGARD14 ING INTELLECTUAL PROPERTY PROTECTION AND MAR15 KET ACCESS.—A regulatory rulemaking action pro16 viding notice of a determination that the People’s Re17 public of China’s failure to enforce intellectual prop18 erty rights and to provide market access is unreason19 able and constitutes a burden or restriction on United

20 States commerce, and a determination that trade ac21 tion is appropriate and that sanctions are appro22 priate, taken under section 304(a)(1)(A)(ii), section

23 304(a)(1)(B), and section 301(b) of the Trade Act of

24 1974 and with respect to which a notice of determina-
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1 tion was published on February 7, 1995 (60 Fed. Reg.

2 7230).

3 (5) TRANSFER OF SPECTRUM.—A regulatory

4 rulemaking action by the Federal Communications

5 Commission to transfer 50 megahertz of spectrum

6 below 5 GHz from government use to private use,

7 taken under the Omnibus Budget Reconciliation Act

8 of 1993 and with respect to which notice of proposed

9 rulemaking was published at 59 Federal Register

10 59393.

11 (6) PERSONAL COMMUNICATIONS SERVICES LI12 CENSES.—A regulatory rulemaking action by the Fed13 eral Communications Commission to establish criteria

14 and procedures for issuing licenses utilizing competi15 tive bidding procedures to provide personal commu16 nications services—

17 (A) taken under section 309(j) of the Com18 munications Act and with respect to which a

19 final rule was published on December 7, 1994

20 (59 Fed. Reg. 63210); or

21 (B) taken under sections 3(n) and 332 of

22 the Communications Act and with respect to

23 which a final rule was published on December 2,

24 1994 (59 Fed. Reg. 61828).
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1 (7) WIDE-AREA SPECIALIZED MOBILE RADIO LI2 CENSES.—A regulatory rulemaking action by the Fed3 eral Communications Commission to provide for com4 petitive bidding for wide-area specialized mobile

5 radio licenses, taken under section 309(j) of the Com6 munications Act and with respect to which a pro7 posed rule was published on February 14, 1995 (60

8 Fed. Reg. 8341).

9 (8) IMPROVED TRADING OPPORTUNITIES FOR RE10 GIONAL EXCHANGES.—A regulatory rulemaking ac11 tion by the Securities and Exchange Commission to

12 provide for increased competition among the stock ex13 changes, taken under the Unlisted Trading Privileges

14 Act of 1994 and with respect to which proposed rule15 making was published on February 9, 1995 (60 Fed.

16 Reg. 7718).

17 SEC. 10. DELAYING EFFECTIVE DATE OF RULES WITH RE18 SPECT TO SMALL BUSINESSES.

19 (a) DELAY EFFECTIVENESS.—For any rule resulting

20 from a regulatory rulemaking action that is suspended or

21 prohibited by this Act, the effective date of the rule with

22 respect to small businesses may not occur before six months

23 after the end of the moratorium period.
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1 (b) SMALL BUSINESS DEFINED.—In this section, the

2 term ‘‘small business’’ means any business with 100 or

3 fewer employees.

Attest:

Clerk.
104TH CONGRESS

1ST SESSION S. 219

AMENDMENT