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variance or petition for relief from a regulatory re-
quirement, or other action relieving a restriction (in-
cluding any agency action which establishes, modi-
fies, or conducts a regulatory program for a rec-
reational or subsistence activity, including but not
limited to hunting, fishing, and camping, if a Fed-
eral law prohibits the recreational or subsistence ac-
tivity in the absence of the agency action) or taking
any action necessary to permit new or improved ap-
plications 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, ap-
proval, registration, charter, membership, statutory
exemption, or other form of permission.
(7) IMMINENT THREAT TO HEALTH OR SAFE-
TY.—The term ‘‘imminent threat to health or safe-
ty’’ means the existence of any condition, cir-
cumstance, or practice reasonably expected to cause
death, serious illness, or severe injury to humans, or
substantial endangerment to private property during
the moratorium period.
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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 prohi-
bition 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 notwith-
standing 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 re-
mainder of this Act, shall not be affected thereby.
SEC. 9. REGULATIONS TO AID BUSINESS COMPETITIVE-
NESS.
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
IM-
PORTS.—A final rule published on December 2,
1994 (59 Fed. Reg. 61798), to provide for the con-
ditional release by the Customs Service of textile im-
ports 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
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of the Office of Information and Regulatory Affairs
certify in writing is a substantive rule, interpretive
rule, statement of agency policy, or notice of pro-
posed rulemaking to interpret, implement, or admin-
ister 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 Ad-
ministrator of the Office of Information and Regu-
latory Affairs certify in writing is a substantive rule,
interpretive rule, statement of agency policy, or no-
tice of proposed rulemaking to interpret, implement,
or administer laws pertaining to the customs mod-
ernization provisions contained in title VI of the
North American Free Trade Agreement Implemen-
tation Act (P.L. 103–182).
(4) ACTIONS
WITH
RESPECT
TO
CHINA
RE-
GARDING
INTELLECTUAL
PROPERTY
PROTECTION
AND MARKET ACCESS.—A regulatory rulemaking ac-
tion providing notice of a determination that the
People’s Republic of China’s failure to enforce intel-
lectual property rights and to provide market access
is unreasonable and constitutes a burden or restric-
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tion on United States commerce, and a determina-
tion that trade action is appropriate and that sanc-
tions 
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 LI-
CENSES.—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 Com-
munications Act and with respect to which a
final rule was published on December 7, 1994
(59 Fed. Reg. 63210); or
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(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 LI-
CENSES.—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 Privi-
leges Act of 1994 and with respect to which pro-
posed rulemaking was published on February 9,
1995 (60 Fed. Reg. 7718).
SEC. 10. DELAYING EFFECTIVE DATE OF RULES WITH RE-
SPECT 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
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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.