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







104th CONGRESS
  1st Session
                                H. R. 450

                      [Report No. 104-39, Part I]

 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

                           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 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, 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 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 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 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 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 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 authorized 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 appropriate committees of each House of the Congress;
            (2) the Administrator of the Office of Information 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 
        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 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 
                                rulemaking 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 
                                risk assessment, require that those 
                                regulations 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 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 
                action'' does not include--
                            (i) any agency action that the head of the 
                        agency and the Administrator of the Office of 
                        Information and Regulatory Affairs within the 
                        Office of Management and Budget certify in 
                        writing is limited to repealing, 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 Affairs within the 
                        Office of Management and Budget certify in 
                        writing 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;
                            (iii) any agency action that the head of 
                        the agency and the Administrator of the Office 
                        of Information and Regulatory Affairs 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 
                                supervises and regulates insured 
                                depository institutions, affiliates of 
                                such institutions, credit unions, or 
                                government sponsored housing 
                                enterprises; and
                                    (II) the head of the agency 
                                certifies 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 interpreting, 
                        implementing, or administering the internal 
                        revenue laws of the United States.
            (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, nor does it include any action taken in connection 
        with the implementation of monetary policy or to ensure the 
        safety and soundness of federally insured depository 
        institutions, 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 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 or allow the manufacture, 
        distribution, sale, or use of a substance 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, approval, registration, 
        charter, membership, statutory exemption, or other form of 
        permission.
            (7) Imminent threat to health or safety.--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 
        moratorium 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 otherwise available under any 
other law.

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.
                                 <all>