[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 839 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 839

 To establish a moratorium on regulatory rulemaking actions respecting 
                            small business.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 1995

  Mr. Tate (for himself, Mr. Metcalf, Mr. Hastings of Washington, Ms. 
Dunn of Washington, Mrs. Smith of Washington, Mr. McIntosh, Mr. White, 
 Mr. Stockman, Mr. Scarborough, and Mr. Fox of California) introduced 
 the following bill; which was referred to the Committee on Government 
   Reform and Oversight and, in addition, to the Committee on Small 
Business, 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

_______________________________________________________________________

                                 A BILL


 
 To establish a moratorium on regulatory rulemaking actions respecting 
                            small business.

    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 ``Stop Regulating our Small Businesses 
Act of 1995''.

SEC. 2. MORATORIUM ON REGULATIONS.

    (a) Moratorium.--Until the end of the moratorium period, a Federal 
agency may not take any regulatory rulemaking action respecting small 
business, unless an exception is provided under section 4. Beginning 30 
days after the date of the enactment of this Act, the effectiveness of 
any regulatory rulemaking action respecting small business taken or 
made effective during the moratorium period but before the date of the 
enactment shall be suspended until February 1, 1996, unless an 
exception is provided under section 4.
    (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. 3. 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 respecting 
small business authorized or required to be taken before the end of the 
moratorium period is extended until February 1, 1996.
    (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. 4. EMERGENCY EXCEPTIONS; EXCLUSIONS.

    (a) Emergency Exception.--Section 2(a) or 3(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 
5(4)(B).

SEC. 5. 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 February 3, 1995, and 
        ending January 31, 1996.
            (3) Small business.--The term `small business' means a 
        business which has 100 or fewer employees.
            (4) 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.
            (5) 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.
            (6) Rulemaking.--The term ``rulemaking'' means agency 
        process for formulating, amending, or repealing a rule.
            (7) 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. 6. CIVIL ACTION.

    In addition to any remedy otherwise available, whoever is adversely 
affected by any conduct of a Federal agency in violation of section 2 
or 3 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. 7. 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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