[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 450 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 450

 To ensure economy and efficiency of Federal Government operations by 
  establishing 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. Bliley, 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 determined 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. Burton 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 California, 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. 
              Sensenbrenner, 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 Representatives 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 operations 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 enactment of this Act, the effectiveness of any regulatory 
rulemaking action taken or made effective during the moratorium 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 enactment.

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 rulemaking 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 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 authorized to 
        take the action submits a written request to the President and 
        a copy thereof to the appropriate 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 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 agency'' means any 
        agency as that term is defined in section 551(1) of title 5, 
        United States Code (relating to administrative procedure).
            (2) Moratorium period.--The term ``moratorium period'' 
        means that period of time beginning November 9, 1994, and 
        ending June 30, 1995.
            (3) Regulatory rulemaking action.--
                    (A) In general.--The term ``regulatory rulemaking 
                action'' means any rulemaking on any rule normally 
                published in the Federal Register, including--
                            (i) the issuance of any substantive rule, 
                        interpretative rule, statement of agency 
                        policy, 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'' 
                does not include--
                            (i) any agency action that the head of the 
                        agency certifies is limited to repealing, 
                        narrowing, or streamlining a rule, regulation, 
                        or administrative process or otherwise reducing 
                        regulatory burdens; or
                            (ii) any action that the head of the agency 
                        certifies is limited to matters relating to 
                        military or foreign affairs functions, statutes 
                        implementing international trade agreements, or 
                        agency management, personnel, or public 
                        property, loans, grants, benefits, or 
                        contracts.
            (4) Rule.--The term ``rule'' means the whole or a part of 
        an agency statement of general or particular applicability and 
        future effect designed to implement, 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 
        foregoing. Such term also does not include the granting an 
        application for a license, registration, or similar authority, 
        granting or recognizing an exemption, 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.
            (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, approval, registration, 
        charter, membership, statutory exemption, or other form of 
        permission.

SEC. 7. CIVIL ACTION.

    In addition to any remedy otherwise available, whoever is adversely 
affected by any conduct of a Federal agency in violation of section 3 
or 4 may obtain appropriate relief in a civil action against that 
agency. The court may award a prevailing plaintiff in an action under 
this section reasonable attorney's fees.

SEC. 8. RELATIONSHIP TO OTHER LAW; SEVERABILITY.

    (a) Applicability.--This Act shall apply notwithstanding 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 remainder of this Act, shall not be affected 
thereby.
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