IB
104TH CONGRESS
1ST SESSION
H. R. 450
[Report No. 104–39, Part I]
To ensure economy and efficiency of Federal Government operations by estab-
lishing a moratorium on regulatory rulemaking actions, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 1995
Mr. DELAY (for himself, Mr. MCINTOSH, Mr. SMITH of Texas, Mr. BONILLA,
Mr. HASTERT, Mr. BOEHNER, Mr. MICA, Mr. MILLER of Florida, Mr.
HUTCHINSON, Mr. DOOLITTLE, Mr. POMBO, Mr. TALENT, Mr. ZELIFF,
Mrs. CUBIN, Mr. HEFLEY, Mr. SCARBOROUGH, Mr. SHADEGG, Mr.
SOUDER, Mr. LONGLEY, Mr. TATE, Mr. WAMP, Mr. STOCKMAN, Mr.
WELLER, Mrs. MYRICK, Mr. HAYWORTH, Mr. EHRLICH, Mrs.
SEASTRAND, Mr. CHABOT, Mr. FOX, Mr. BARR, Mrs. SMITH, Mr. BLI-
LEY, and Mr. EWING) introduced the following bill; which was referred
to the Committee on Government Reform and Oversight and, in addition,
to the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
JANUARY 23, 1995
Additional sponsors: Ms. DUNN of Washington, Mr. DICKEY, Mr. FORBES,
Mr. HANCOCK, Mr. CHRISTENSEN, Mr. FUNDERBURK, Mr. GOODLATTE,
Mr. COBURN, Mr. HUNTER, Mr. JONES, Mr. ROHRABACHER, Mr. BUR-
TON of Indiana, Mr. MARTINI, Mr. BONO, Mr. WHITFIELD, Mr. COX of
California, Mr. CUNNINGHAM, Mr. LARGENT, Mr. MCHUGH, Mr.
CLINGER, Mr. DORNAN, Mr. LAHOOD, Mr. BUNNING of Kentucky, Mr.
WICKER, Mr. DREIER, Mr. PETERSON of Minnesota, Mr. BAKER of Cali-
fornia, Mr. DAVIS, Mr. BLUTE, Mr. NETHERCUTT, Mr. LINDER, Mr.
NEY, Mr. CANADY
of Florida, Mr. COMBEST, Mr. ROYCE, Mr.
THORNBERRY, Mr. BARCIA, Mr. BARTLETT of Maryland, Mr. GALLEGLY,
Mr. HOSTETTLER, Mr. PETE GEREN of Texas, Mr. BAKER of Louisiana,
Ms. DANNER, Ms. PRYCE, Mr. INGLIS of South Carolina, Mr. SENSEN-
BRENNER, Mr. SKEEN, and Mr. LATOURETTE
FEBRUARY 16, 1995
Reported from the Committee on Government Reform and Oversight with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 9, 1995]
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 Representa-
tives of the United States of America in Congress assembled,
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 oper-
ations, including enactment of a new law or laws to require
(1) that the Federal rulemaking process include cost/benefit
analysis, including analysis of costs resulting from the loss
of property rights, and (2) for those Federal regulations that
are subject to risk analysis and risk assessment that those
regulations undergo standardized risk analysis and risk as-
sessment using the best scientific and economic procedures,
will be promoted if a moratorium on new rulemaking ac-
tions is imposed and an inventory of such action is con-
ducted.
SEC. 3. MORATORIUM ON REGULATIONS.
(a) MORATORIUM.—Until the end of the moratorium
period, a Federal agency may not take any regulatory rule-
making action, unless an exception is provided under sec-
tion 5. Beginning 30 days after the date of the enactment
of this Act, the effectiveness of any regulatory rulemaking
action taken or made effective during the moratorium pe-
riod but before the date of the enactment shall be suspended
until the end of the moratorium period, unless an exception
is provided under section 5.
(b) INVENTORY OF RULEMAKINGS.—Not later than 30
days after the date of the enactment of this Act, the Presi-
dent 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 morato-
rium period but before the date of the enactment.
SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY, AND
JUDICIAL DEADLINES.
(a) IN GENERAL.—Any deadline for, relating to, or in-
volving any action dependent upon, any regulatory rule-
making actions authorized or required to be taken before
the end of the moratorium period is extended for 5 months
or until 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 the enactment of this
Act, the President shall identify and publish in the Federal
Register a list of deadlines covered by subsection (a).
SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS.
(a) EMERGENCY EXCEPTION.—Section 3(a) or 4(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 Administrator of the Office of Information and
Regulatory Affairs within the Office of Management
and Budget and submits a copy thereof to the appro-
priate committees of each House of the Congress;
(2) the Administrator of the Office of Informa-
tion and Regulatory Affairs within the Office of Man-
agement and Budget finds in writing that a waiver
for the action is (A) necessary because of an immi-
nent 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 finding
and waiver in the Federal Register.
(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).
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means any agency as that term is defined in sec-
tion 551(1) of title 5, United States Code (relating to
administrative procedure).
(2) MORATORIUM PERIOD.—The term ‘‘morato-
rium period’’ means the period of time—
(A) beginning November 20, 1994; and
(B) ending on the earlier of—
(i) the first date on which there have
been enacted one or more laws that—
(I) require that the Federal rule-
making process include cost/benefit
analysis, including analysis of costs re-
sulting from the loss of property rights;
and
(II) for those Federal regulations
that are subject to risk analysis and
risk assessment, require that those reg-
ulations undergo standardized risk
analysis and risk assessment using the
best scientific and economic procedures;
or
(ii) December 31, 1995.
(3) 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 agency pol-
icy, notice of inquiry, advance notice of
proposed rulemaking, or notice of proposed
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 action’’ does not include—
(i) any agency action that the head of
the agency and the Administrator of the Of-
fice of Information and Regulatory Affairs
within the Office of Management and Budg-
et certify in writing is limited to repealing,
narrowing, or streamlining a rule, regula-
tion, or administrative process or otherwise
reducing regulatory burdens;
(ii) any agency action that the head of
the agency and the Administrator of the Of-
fice of Information and Regulatory Affairs
within the Office of Management and Budg-
et certify in writing is limited to matters
relating to military or foreign affairs func-
tions, statutes implementing international
trade agreements, or agency management,
personnel, or public property, loans, grants,
benefits, or contracts;
(iii) any agency action that the head
of the agency and the Administrator of the
Office of Information and Regulatory Af-
fairs within the Office of Management and
Budget certify in writing is limited to a
routine administrative function of the
agency;
(iv) any agency action that—
(I) is taken by an agency that su-
pervises and regulates insured deposi-
tory institutions, affiliates of such in-
stitutions, credit unions, or government
sponsored housing enterprises; and
(II) the head of the agency cer-
tifies would meet the standards for an
exception or exclusion described in this
Act; or
(v) any agency action that the head of
the agency certifies is limited to interpret-
ing, implementing, or administering the in-
ternal revenue laws of the United States.
(4) RULE.—The term ‘‘rule’’ means the whole or
a part of an agency statement of general or particu-
lar applicability and future effect designed to imple-
ment, 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 structures or
reorganizations thereof, prices, facilities, appliances,
services or allowances therefor, or of valuations, costs,
or accounting, or practices bearing on any of the fore-
going, nor does it include any action taken in connec-
tion with the implementation of monetary policy or
to ensure the safety and soundness of federally insured
depository institutions, any affiliate of such an insti-
tution, credit unions, or government sponsored hous-
ing enterprises or to protect the Federal deposit insur-
ance funds. Such term also does not include the
granting an application for a license, registration, or
similar authority, granting or recognizing an exemp-
tion, 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
the manufacture, distribution, sale, or use of a sub-
stance 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 safety’’
means the existence of any condition, circumstance, or
practice reasonably expected to cause death, serious
illness, or severe injury to humans, or substantial
endangerment to private property during the morato-
rium period.
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 prohibition
shall not affect any private right of action or remedy other-
wise 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.
Æ