IIA
104TH CONGRESS
1ST SESSION
H. R. 450
IN THE SENATE OF THE UNITED STATES
FEBRUARY 27 (legislative day, FEBRUARY 22), 1995
Received; read twice and referred to the Committee on Governmental Affairs
AN ACT
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’’.
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SEC. 2. FINDING.
The Congress finds that effective steps for improving
the efficiency and proper management of Government op-
erations, including enactment of a new law or laws to re-
quire (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 as-
sessment that those regulations undergo standardized risk
analysis and risk assessment using the best scientific and
economic procedures, will be promoted if a moratorium on
new rulemaking actions is imposed and an inventory of
such action is conducted.
SEC. 3. MORATORIUM ON REGULATIONS.
(a) MORATORIUM.—Until the end of the moratorium
period, a Federal agency may not take any regulatory
rulemaking action, unless an exception is provided under
section 5. Beginning 30 days after the date of the enact-
ment of this Act, the effectiveness of any regulatory rule-
making action taken or made effective during the morato-
rium period but before the date of the enactment shall
be suspended until the end of the moratorium period, un-
less 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
President shall conduct an inventory and publish in the
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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. 4. 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 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 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).
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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 Manage-
ment and Budget and submits a copy thereof to the
appropriate committees of each House of the Con-
gress;
(2) the Administrator of the Office of Informa-
tion and Regulatory Affairs within the Office of
Management and Budget finds in writing that a
waiver for the action is (A) necessary because of an
imminent threat to health or safety or other emer-
gency, 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 6(3)(B).
(c) CIVIL RIGHTS EXCEPTION.—Section 3(a) or 4(a),
or both, shall not apply to a regulatory rulemaking action
to establish or enforce any statutory rights against dis-
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crimination on the basis of age, race, religion, gender, na-
tional origin, or handicapped or disability status except
such rulemaking actions that establish, lead to, or other-
wise rely on the use of a quota or preference based on
age, race, religion, gender, national origin, or handicapped
or disability status.
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 (re-
lating 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
resulting from the loss of property
rights; and
(II) for those Federal regulations
that are subject to risk analysis and
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risk assessment, require that those
regulations undergo standardized risk
analysis and risk assessment using the
best scientific and economic proce-
dures; or
(ii) December 31, 1995;
except that in the case of a regulatory rulemaking
action with respect to determining that a species is
an endangered species or a threatened species under
section 4(a)(1) of the Endangered Species Act of
1973 (16 U.S.C. 1533(a)(1)) or designating critical
habitat under section 4(a)(3) of that Act (16 U.S.C.
1533(a)(3)), the term means the period of time be-
ginning on the date described in subparagraph (A)
and ending on the earlier of the first date on which
there has been enacted after the date of the enact-
ment of this Act a law authorizing appropriations to
carry out the Endangered Species Act of 1973, or
December 31, 1996.
(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—
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(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 action’’ does not include—
(i) 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 re-
pealing, narrowing, or streamlining a rule,
regulation, or administrative process or
otherwise reducing regulatory burdens;
(ii) 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 mat-
ters relating to military or foreign affairs
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functions, statutes implementing inter-
national trade agreements, including all
agency actions required by the Uruguay
Round Agreements Act, or agency manage-
ment, 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 govern-
ment 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
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(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 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
structures or reorganizations thereof, prices, facili-
ties, appliances, services or allowances therefor, or of
valuations, costs, or accounting, or practices bearing
on any of the foregoing, nor does it include any ac-
tion taken in connection with the safety of aviation
or any action taken in connection with the imple-
mentation of monetary policy or to ensure the safety
and soundness of federally insured depository insti-
tutions, any affiliate of such an institution, credit
unions, or government sponsored housing enterprises
or to protect the Federal deposit insurance funds.
Such term also does not include granting an applica-
tion for a license, registration, or similar authority,
granting or recognizing an exemption, granting a