```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 219 Reported in Senate (RS)]

                                                        Calendar No. 33

104th CONGRESS

  1st Session

                                 S. 219

                          [Report No. 104-15]

_______________________________________________________________________

                                 A BILL

 To ensure economy and efficiency of Federal Government operations by 
  establishing a moratorium on regulatory rulemaking actions, and for 
                            other purposes.

_______________________________________________________________________

                             March 16, 1995

                       Reported with an amendment
                                                        Calendar No. 33
104th CONGRESS
  1st Session
                                 S. 219

                          [Report No. 104-15]

 To ensure economy and efficiency of Federal Government operations by 
  establishing a moratorium on regulatory rulemaking actions, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 12 (legislative day, January 10), 1995

   Mr. Nickles (for himself, Mr. Bond, Mrs. Hutchison, Mr. Dole, Mr. 
 Grassley, Mr. Ashcroft, Mr. Coverdell, Mr. Abraham, Mr. Thompson, Mr. 
Burns, Mr. Shelby, Mr. McConnell, Mr. Faircloth, Mr. Thomas, Mr. Smith, 
 Mr. McCain, Mr. Craig, Mr. Coats, Mr. Santorum, Mr. Mack, Mr. Gregg, 
 Mr. Murkowski, Mr. Lott, Mr. Kyl, Mr. Thurmond, Mr. Hatch, Mr. Helms, 
Mr. Inhofe, Mr. Simpson, Mr. Gramm, Mr. Frist, Mr. Grams, Mr. Bennett, 
 Mr. Kempthorne, Mr. D'Amato, Mr. Stevens, and Mr. Cochran) introduced 
the following bill; which was read twice and referred to the Committee 
                        on Governmental Affairs

                             March 16, 1995

                Reported by Mr. Roth, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To ensure economy and efficiency of Federal Government operations by 
  establishing a moratorium on regulatory rulemaking actions, and for 
                            other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Regulatory Transition Act 
of 1995''.</DELETED>

<DELETED>SEC. 2. FINDING.</DELETED>

<DELETED>    The Congress finds that effective steps for improving the 
efficiency and proper management of Government operations will be 
promoted if a moratorium on new rule making actions is imposed and an 
inventory of such actions is conducted.</DELETED>

<DELETED>SEC. 3. MORATORIUM ON REGULATIONS.</DELETED>

<DELETED>    (a) Moratorium.--During the moratorium period, a Federal 
agency may not take any regulatory rulemaking action, unless permitted 
under section 5. Beginning 30 days after the date of enactment of this 
Act, the effectiveness of any regulatory rulemaking action taken during 
the moratorium period but before the date of the enactment shall be 
suspended until July 1, 1995, unless an exception is provided under 
section 5.</DELETED>
<DELETED>    (b) Inventory of Rulemaking.--Not later than 30 days after 
the date of 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) and pending on the date of 
enactment.</DELETED>

<DELETED>SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY AND JUDICIAL 
              DEADLINES.</DELETED>

<DELETED>    (a) In General.--Any deadline for, relating to, or 
involving any action dependent upon, any regulatory rulemaking action 
authorized or required to be taken before the end of the moratorium 
period is extended.</DELETED>
<DELETED>    (b) Extension Period.--Any deadline covered by subsection 
(a) shall be extended for 5 months or until July 1, 1995, whichever is 
later.</DELETED>
<DELETED>    (c) 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.</DELETED>
<DELETED>    (d) Identification of Postponed Deadlines.--Not later than 
30 days after the date of enactment of this Act, the President shall 
identify and publish in the Federal Register a list of deadlines 
covered by subsection (a).</DELETED>

<DELETED>SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS.</DELETED>

<DELETED>    (a) Emergency Exception.--Section 3(a) or 4(a), or both, 
shall not apply to a regulatory rulemaking action if--</DELETED>
        <DELETED>    (1) the head of a Federal agency otherwise 
        authorized to take the action submits a written request to the 
        President, and a copy thereof to the appropriate committees of 
        each house of the Congress; and</DELETED>
        <DELETED>    (2) the President finds, by Executive Order, that 
        a waiver for the action is--</DELETED>
                <DELETED>    (A) necessary because of an imminent 
                threat to health or safety or other emergency; 
                or</DELETED>
                <DELETED>    (B) necessary for the enforcement of 
                criminal laws; and</DELETED>
        <DELETED>    (3) the Federal agency head publishes the finding 
        and waiver in the Federal Register.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 6. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Moratorium period.--The term ``moratorium 
        period'' means that period of time beginning November 9, 1994, 
        and ending June 30, 1995.</DELETED>
        <DELETED>    (3) Regulatory rulemaking action.--</DELETED>
                <DELETED>    (A) In general.--The term ``regulatory 
                rulemaking action'' means any rule making (as defined 
                in section 551(5) of title 5, United States Code) on 
                any rule normally published in the Federal Register, 
                including--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) any other action taken in the 
                        course of the process of rulemaking (except a 
                        cost benefit analysis or risk assessment, or 
                        both).</DELETED>
                <DELETED>    (B) Exclusions.--The term ``regulatory 
                rulemaking action'' does not include--</DELETED>
                        <DELETED>    (i) any agency action that the 
                        head of the agency certifies is limited to 
                        repealing, narrowing, or streamlining a rule, 
                        regulation, or administrative process, to 
                        issuing or promulgating a rule required to make 
                        effective tax relief provided by statute, or 
                        otherwise reducing regulatory burdens; 
                        or</DELETED>
                        <DELETED>    (ii) any action that the head of 
                        the agency certifies is limited to matters 
                        relating to military or foreign affairs 
                        functions or agency management, personnel, or 
                        public property, loans, grants, benefits or 
                        contracts.</DELETED>
        <DELETED>    (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, 
        corporate or financial structures or reorganization thereof, 
        prices, facilities, appliances, services or allowances therefor 
        or of valuations, costs, or accounting, or practices bearing on 
        any of the foregoing. Such term also does not include the 
        granting of 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, or 
        adopting a rule necessary to permit new or improved 
        applications of technology.</DELETED>

<DELETED>SEC. 7. CIVIL ACTION.</DELETED>

<DELETED>    In addition to any remedy otherwise available, whoever is 
adversely affected by any conduct of a Federal agency in violation of 
section 3 or 4 may in civil action against that agency obtain 
appropriate relief. The court may award a prevailing plaintiff in an 
action under this section reasonable attorney's fees.</DELETED>

<DELETED>SEC. 8. SEVERABILITY.</DELETED>

<DELETED>    (a) Applicability.--This Act shall apply notwithstanding 
any other provision of law.</DELETED>
<DELETED>    (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.</DELETED>

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 will be 
promoted if a moratorium on certain significant regulatory actions is 
imposed and an inventory of such actions is conducted.

SEC. 3. MORATORIUM ON REGULATIONS.

    (a) Moratorium.--During the moratorium period, a Federal agency may 
not take any significant regulatory action, unless permitted under 
section 5. Beginning 30 days after the date of enactment of this Act, 
the effectiveness of any significant regulatory action taken during the 
moratorium period but before the date of the enactment shall be 
suspended until the end of the moratorium, unless an exception is 
provided under section 5.
    (b) Inventory of Rulemaking.--Not later than 30 days after the date 
of enactment of this Act, and on a monthly basis thereafter, the 
Administrator of the Office of Information and Regulatory Affairs 
within the Office of Management and Budget shall conduct an inventory 
and publish in the Federal Register a list of all significant 
regulatory actions covered by subsection (a), identifying those which 
have been granted an exception as provided under section 5.

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 significant regulatory action prohibited or 
suspended under section 3 is extended for 5 months or until the date 
occurring 5 months after 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 enactment of this Act, the Administrator of the 
Office of Information and Regulatory Affairs within the Office of 
Management and Budget shall identify and publish in the Federal 
Register a list of deadlines covered by subsection (a).

SEC. 5. EXCEPTIONS.

    (a) In General.--Except as provided in subsection (b), section 3(a) 
or 4(a), or both, shall not apply to a significant regulatory action 
if--
            (1) the head of a Federal agency otherwise authorized to 
        take the action submits a written request to the President, and 
        a copy thereof to the appropriate committees of each house of 
        the Congress;
            (2) the President finds, in writing, the action is--
                    (A) necessary because of an imminent threat to 
                human health or safety or other emergency;
                    (B) necessary for the enforcement of criminal laws;
                    (C) related to a regulation that has as its 
                principal effect fostering economic growth, repealing, 
                narrowing, or streamlining a rule, regulation, 
                administrative process, or otherwise reducing 
                regulatory burdens;
                    (D) issued with respect to matters relating to 
                military or foreign affairs or international trade;
                    (E) principally related to agency organization, 
                management, or personnel;
                    (F) a routine administrative action, or principally 
                related to public property, loans, grants, benefits, or 
                contracts;
                    (G) limited to matters relating to negotiated 
                rulemaking carried out between Indian tribes and the 
                applicable agency under the Indian Self-Determination 
                Act Amendments of 1994 (Public Law 103-413; 108 Stat. 
                4250); or
                    (H) limited to interpreting, implementing, or 
                administering the internal revenue laws of the United 
                States; and
            (3) the Federal agency head publishes the finding in the 
        Federal Register.
    (b) Inapplicability of Exceptions.--The authority provided under 
subsection (a) shall not apply to any action described under section 
6(B)(ii).

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 that period of time beginning November 9, 1994, and 
        ending on December 31, 1995, unless an Act of Congress provides 
        an earlier termination date for such period.
            (3) Significant regulatory action.--The term ``significant 
        regulatory action'' means any action that--
                    (A)(i) consists of the issuance of any substantive 
                rule, interpretative rule, statement of agency policy, 
                guidance, guidelines, or notice of proposed rulemaking; 
                and
                    (ii) the Administrator of the Office of Information 
                and Regulatory Affairs within the Office of Management 
                and Budget finds--
                            (I) has an annual effect on the economy of 
                        $100,000,000 or more or adversely affects in a 
                        material way the economy, a sector of the 
                        economy, productivity, competition, jobs, the 
                        environment, public health or safety, or State, 
                        local, or tribal governments or communities;
                            (II) creates a serious inconsistency or 
                        otherwise interferes with an action taken or 
                        planned by another agency;
                            (III) materially alters the budgetary 
                        impact of entitlements, grants, user fees, or 
                        loan programs or the rights and obligations of 
                        recipients thereof; or
                            (IV) raises novel legal or policy issues 
                        arising out of legal mandates, the President's 
                        priorities, or the principles set forth in 
                        Executive Order 12866; or
                    (B)(i) withdraws or restricts recreational, 
                subsistence, or commercial use of any land under the 
                control of a Federal agency, except for those actions 
                described under paragraph (4) (K) and (L); or
                    (ii) is taken to carry out--
                            (I) the Interagency Memorandum of Agreement 
                        Concerning Wetlands Determinations for Purposes 
                        of Section 404 of the Clean Water Act and 
                        Subtitle B of the Food Security Act (59 Fed. 
                        Reg. 2920) (referred to in this clause as the 
                        ``Memorandum of Agreement''); or
                            (II) any method of delineating wetlands 
                        based on the Memorandum of Agreement for 
                        purposes of carrying out subtitle C of title 
                        XII of the Food Security Act of 1985 (16 U.S.C. 
                        3821 et seq.) or section 404 of the Federal 
                        Water Pollution Control Act (33 U.S.C. 1344).
            (4) Rule; guidance; or guidelines.--The terms ``rule'', 
        ``guidance'', or ``guideline'' mean 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 shall not include--
                    (A) the approval or prescription, including on a 
                case-by-case or consolidated case basis, for the future 
                of rates, wages, corporate or financial structures or 
                reorganization thereof, prices, facilities, appliances, 
                services or allowances therefor or of valuations, 
                costs, or accounting, or practices bearing on any of 
                the foregoing;
                    (B) 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, the Federal Home Loan Banks, or 
                Government sponsored housing enterprises, or to protect 
                the Federal deposit insurance funds;
                    (C) any action taken to ensure the safety and 
                soundness of a Farm Credit System institution or to 
                protect the Farm Credit Insurance Fund;
                    (D) any action taken in connection with the 
                reintroduction of non-essential experimental 
                populations of wolves before the date of the enactment 
                of this Act;
                    (E) any action by the Environmental Protection 
                Agency that would protect the public from exposure to 
                lead from house paint, soil, or drinking water;
                    (F) any action to provide compensation to Persian 
                Gulf War veterans for disability from undiagnosed 
                illnesses, as provided under the Persian Gulf War 
                Veterans' Benefits Act (title I of Public Law 103-446; 
                108 Stat. 4647) and the amendments made by that Act;
                    (G) any action to improve aircraft safety, 
                including such an action to improve the airworthiness 
                of aircraft engines;
                    (H) any action that would upgrade safety and 
                training standards for commuter airlines to the 
                standards of major airlines;
                    (I) the promulgation of any rule or regulation 
                relating to aircraft overflights on national parks by 
                the Secretary of Transportation or the Secretary of the 
                Interior pursuant to the procedures specified in the 
                advanced notice of proposed rulemaking published on 
                March 17, 1994, at 59 Fed. Reg. 12740 et seq., except 
                that this subparagraph shall not apply to any such 
                overflight in the State of Alaska;
                    (J) any clarification of existing responsibilities 
                regarding highway safety warning devices;
                    (K) any action that establishes, modifies, opens, 
                closes, or conducts a regulatory program for a 
                commercial, recreational, or subsistence activity 
                relating to hunting, fishing, or camping, if a Federal 
                law prohibits such activity in the absence of agency 
                action; or
                    (L) the granting of an application for or issuance 
                of 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, 
                or taking any action necessary to permit new or 
                improved applications of technology or allow 
                manufacture, distribution, sale, or use of a substance 
                or product.
            (5) License.--The term ``license'' means the whole or part 
        of an agency permit, lease, certificate, approval, 
        registration, charter, membership, statutory exemption, or 
        other form of permission, including any such form of permission 
        relating to hunting and fishing.
            (6) Public property.--The term ``public property'' means 
        all property under the control of a Federal agency, other than 
        land.

SEC. 7. EXCLUSIONS.

    This Act shall not apply to any significant regulatory action that 
establishes or enforces any statutory rights that prohibit 
discrimination on the basis of race, religion, sex, age, national 
origin, handicap, or disability status.

SEC. 8. CIVIL ACTION.

    No determination under this Act or agency interpretation under 
section 6(4) shall be subject to adjudicative review before an 
administrative tribunal or court of law.

SEC. 9. 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.
S 219 RS----2
```