I
104TH CONGRESS
1ST SESSION
H. R. 450
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
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 op-
erations will be promoted if a moratorium on new rule-
making 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 July 1, 1995, 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
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. 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 July 1, 1995, 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).
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 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 6(3)(B).
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).