I
105TH CONGRESS
2D SESSION
H. R. 4471
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
AUGUST 6, 1998
Mr. HOEKSTRA introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To require Executive agencies to identify which of its regula-
tions impose requirements which conflict with the re-
quirements of other Executive agencies, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Regulatory Harmoni-
zation Act’’.
SEC. 2. CONFLICT LIST.
(a) GENERAL RULE.—Within 180 days of the date
of the enactment of this Act and annually thereafter, each
Executive agency shall publish a proposed list of which
of its regulations impose requirements which are poten-
tially in conflict with the requirements of the regulations
of another Executive agency or with the requirements of
legislation.
(b) PUBLICATION AND COMMENT.—When an Execu-
tive agency publishes its proposed list under subsection
(a), such agency shall in such publication provide oppor-
tunity for public comment on its list. The agency shall pro-
vide at least 150 days for such comment.
(c) PUBLICATION OF FINAL LIST.—Based on the
comments received under subsection (b), an Executive
agency shall revise its proposed list and publish a final
list not later than 180 days after the publication of the
proposed list under subsection (a).
(d) 
PROPOSED
CHANGES
AND
RECOMMENDA-
TIONS.—Within 180 days of the date of the publication
of a final list under subsection (c), each Executive agency
shall—
(1) publish proposed changes in its regulations
to resolve the conflict identified by the agency in the
list published under subsection (c); and
(2) submit to Congress recommendations for
changes in legislation to resolve the conflict identi-
fied under subsection (c).
Within 360 days of the date of the publication of proposed
changes under paragraph (1), such proposed changes shall
be issued as final changes.
(d) ENFORCEMENT.—Upon the expiration of 36
months after the date of the enactment of this Act, it shall
be an affirmative defense to a civil action brought against
a person to enforce a Federal regulatory requirement that
such requirement is potentially in conflict with another
regulatory requirement with which such person is in com-
pliance.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Executive agency’’ has the mean-
ing prescribed for such term by section 105 of title
5, United States Code;
(2) the term ‘‘potentially in conflict’’ means
that a requirement of a Federal regulation overlaps
with, is inconsistent with, or conflicts with another
requirement of a Federal regulation or Federal stat-
ute and includes establishing labeling requirements
that are not identical for the same product, estab-
lishing packaging requirements for the same product
that are not identical, establishing training require-
ments that are not identical on the same subject
matter, or establishing third party notification or
warning requirements that are not identical for
goods or services;
(3) the term ‘‘resolve the conflict’’ to amend a
regulation or a law so that a regulation is no longer
potentially in conflict; and
(4) the term ‘‘regulation’’ means any Federal
regulation or any other administrative agency action
that has the force of law.
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