I
104TH CONGRESS
1ST SESSION
H. R. 839
To establish a moratorium on regulatory rulemaking actions respecting small
business.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 6, 1995
Mr. TATE (for himself, Mr. METCALF, Mr. HASTINGS of Washington, Ms.
DUNN of Washington, Mrs. SMITH of Washington, Mr. MCINTOSH, Mr.
WHITE, Mr. STOCKMAN, Mr. SCARBOROUGH, and Mr. FOX of California)
introduced the following bill; which was referred to the Committee on
Government Reform and Oversight and, in addition, to the Committee on
Small Business, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To establish a moratorium on regulatory rulemaking actions
respecting small business.
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 ‘‘Stop Regulating our
Small Businesses Act of 1995’’.
SEC. 2. MORATORIUM ON REGULATIONS.
(a) MORATORIUM.—Until the end of the moratorium
period, a Federal agency may not take any regulatory
rulemaking action respecting small business, unless an ex-
ception is provided under section 4. Beginning 30 days
after the date of the enactment of this Act, the effective-
ness of any regulatory rulemaking action respecting small
business taken or made effective during the moratorium
period but before the date of the enactment shall be sus-
pended until February 1, 1996, unless an exception is pro-
vided under section 4.
(b) INVENTORY OF RULEMAKINGS.—Not later than
30 days after the date of the 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) taken or made effective during
the moratorium period but before the date of the enact-
ment.
SEC. 3. SPECIAL RULE ON STATUTORY, REGULATORY, AND
JUDICIAL DEADLINES.
(a) IN GENERAL.—Any deadline for, relating to, or
involving any action dependent upon, any regulatory rule-
making actions respecting small business authorized or re-
quired to be taken before the end of the moratorium pe-
riod is extended until February 1, 1996.
(b) DEADLINE
DEFINED.—The term ‘‘deadline’’
means any date certain for fulfilling any obligation or ex-
ercising any authority established by or under any Federal
statute or regulation, or by or under any court order im-
plementing any Federal statute or regulation.
(c) IDENTIFICATION OF POSTPONED DEADLINES.—
Not later than 30 days after the date of the enactment
of this Act, the President shall identify and publish in the
Federal Register a list of deadlines covered by subsection
(a).
SEC. 4. EMERGENCY EXCEPTIONS; EXCLUSIONS.
(a) EMERGENCY EXCEPTION.—Section 2(a) or 3(a),
or both, shall not apply to a regulatory rulemaking action
if—
(1) the head of a Federal agency otherwise au-
thorized to take the action submits a written request
to the President and a copy thereof to the appro-
priate committees of each House of the Congress;
(2) the President finds, by Executive order,
that a waiver for the action is (A) necessary because
of an imminent threat to health or safety or other
emergency, or (B) necessary for the enforcement of
criminal laws; and
(3) the Federal agency head publishes the find-
ing and waiver in the Federal Register.
(b) EXCLUSIONS.—The head of an agency shall pub-
lish in the Federal Register any action excluded because
of a certification under section 5(4)(B).
SEC. 5. 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 (re-
lating to administrative procedure).
(2) MORATORIUM PERIOD.—The term ‘‘morato-
rium period’’ means that period of time beginning
February 3, 1995, and ending January 31, 1996.
(3) SMALL BUSINESS.—The term ‘small busi-
ness’ means a business which has 100 or fewer em-
ployees.
(4) REGULATORY RULEMAKING ACTION.—
(A) IN GENERAL.—The term ‘‘regulatory
rulemaking action’’ means any rulemaking on
any rule normally published in the Federal Reg-
ister, including—
(i) the issuance of any substantive
rule, interpretative rule, statement of agen-
cy policy, notice of inquiry, advance notice
of proposed rulemaking, or notice of pro-
posed rulemaking, and
(ii) any other action taken in the
course of the process of rulemaking (except
a cost benefit analysis or risk assessment,
or both).
(B) EXCLUSIONS.—The term ‘‘regulatory
rulemaking’’ does not include—
(i) any agency action that the head of
the agency certifies is limited to repealing,
narrowing, or streamlining a rule, regula-
tion, or administrative process or otherwise
reducing regulatory burdens; or
(ii) any action that the head of the
agency certifies is limited to matters relat-
ing to military or foreign affairs functions,
statutes implementing international trade
agreements, or agency management, per-
sonnel, or public property, loans, grants,
benefits, or contracts.
(5) RULE.—The term ‘‘rule’’ means the whole
or a part of an agency statement of general or par-
ticular applicability and future effect designed to im-
plement, 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, corporation, or financial