[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 219 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                 S. 219

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

                     TITLE I--REGULATORY TRANSITION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Regulatory Transition Act of 
1995''.

SEC. 102. FINDING.

    The Congress finds that effective steps for improving the 
efficiency and proper management of Government operations will be 
promoted if a moratorium on the effectiveness of certain significant 
final rules is imposed in order to provide Congress an opportunity for 
review.

SEC. 103. MORATORIUM ON REGULATIONS; CONGRESSIONAL REVIEW.

    (a) Reporting and Review of Regulations.--
            (1) Reporting to congress and the comptroller general.--
                    (A) Before a rule can take effect as a final rule, 
                the Federal agency promulgating such rule shall submit 
                to each House of the Congress and to the Comptroller 
                General a report containing--
                            (i) a copy of the rule;
                            (ii) a concise general statement relating 
                        to the rule; and
                            (iii) the proposed effective date of the 
                        rule.
                    (B) The Federal agency promulgating the rule shall 
                make available to each House of Congress and the 
                Comptroller General, upon request--
                            (i) a complete copy of the cost-benefit 
                        analysis of the rule, if any;
                            (ii) the agency's actions relevant to 
                        section 603, section 604, section 605, section 
                        607, and section 609 of Public Law 96-354;
                            (iii) the agency's actions relevant to 
                        title II, section 202, section 203, section 
                        204, and section 205 of Public Law 104-4; and
                            (iv) any other relevant information or 
                        requirements under any other Act and any 
                        relevant Executive Orders, such as Executive 
                        Order 12866.
                    (C) Upon receipt, each House shall provide copies 
                to the Chairman and Ranking Member of each committee 
                with jurisdiction.
            (2) Reporting by the comptroller general.--
                    (A) The Comptroller General shall provide a report 
                on each significant rule to the committees of 
                jurisdiction to each House of the Congress by the end 
                of 12 calendar days after the submission or publication 
                date as provided in section 104(b)(2). The report of 
                the Comptroller General shall include an assessment of 
                the agency's compliance with procedural steps required 
                by subparagraph (B) (i) through (iv).
                    (B) Federal agencies shall cooperate with the 
                Comptroller General by providing information relevant 
                to the Comptroller General's report under paragraph 
                (2)(A) of this section.
            (3) Effective date of significant rules.--A significant 
        rule relating to a report submitted under paragraph (1) shall 
        take effect as a final rule, the latest of--
                    (A) the later of the date occurring 45 days after 
                the date on which--
                            (i) the Congress receives the report 
                        submitted under paragraph (1); or
                            (ii) the rule is published in the Federal 
                        Register;
                    (B) if the Congress passes a joint resolution of 
                disapproval described under section 104 relating to the 
                rule, and the President signs a veto of such 
                resolution, the earlier date--
                            (i) on which either House of Congress votes 
                        and fails to override the veto of the 
                        President; or
                            (ii) occurring 30 session days after the 
                        date on which the Congress received the veto 
                        and objections of the President; or
                    (C) the date the rule would have otherwise taken 
                effect, if not for this section (unless a joint 
                resolution of disapproval under section 104 is 
                enacted).
            (4) Effective date for other rules.--Except for a 
        significant rule, a rule shall take effect as otherwise 
        provided by law after submission to Congress under paragraph 
        (1).
            (5) Failure of joint resolution of disapproval.--
        Notwithstanding the provisions of paragraph (3), the effective 
        date of a rule shall not be delayed by operation of this title 
        beyond the date on which either House of Congress votes to 
        reject a joint resolution of disapproval under section 104.
    (b) Termination of Disapproved Rulemaking.--A rule shall not take 
effect (or continue) as a final rule, if the Congress passes a joint 
resolution of disapproval described under section 104.
    (c) Presidential Waiver Authority.--
            (1) Presidential determinations.--Notwithstanding any other 
        provision of this section (except subject to paragraph (3)), a 
        rule that would not take effect by reason of this title may 
        take effect, if the President makes a determination under 
        paragraph (2) and submits written notice of such determination 
        to the Congress.
            (2) Grounds for determinations.--Paragraph (1) applies to a 
        determination made by the President by Executive order that the 
        rule should take effect because such rule is--
                    (A) necessary because of an imminent threat to 
                health or safety or other emergency;
                    (B) necessary for the enforcement of criminal laws; 
                or
                    (C) necessary for national security.
            (3) Waiver not to affect congressional disapprovals.--An 
        exercise by the President of the authority under this 
        subsection shall have no effect on the procedures under section 
        104 or the effect of a joint resolution of disapproval under 
        this section.
    (d) Treatment of Rules Issued at End of Congress.--
            (1) Additional opportunity for review.--In addition to the 
        opportunity for review otherwise provided under this title, in 
        the case of any rule that is published in the Federal Register 
        (as a rule that shall take effect as a final rule) during the 
        period beginning on the date occurring 60 days before the date 
        the Congress adjourns sine die through the date on which the 
        succeeding Congress first convenes, section 104 shall apply to 
        such rule in the succeeding Congress.
            (2) Treatment under section 104.--
                    (A) In applying section 104 for purposes of such 
                additional review, a rule described under paragraph (1) 
                shall be treated as though--
                            (i) such rule were published in the Federal 
                        Register (as a rule that shall take effect as a 
                        final rule) on the 15th session day after the 
                        succeeding Congress first convenes; and
                            (ii) a report on such rule were submitted 
                        to Congress under subsection (a)(1) on such 
                        date.
                    (B) Nothing in this paragraph shall be construed to 
                affect the requirement under subsection (a)(1) that a 
                report must be submitted to Congress before a final 
                rule can take effect.
            (3) Actual effective date not affected.--A rule described 
        under paragraph (1) shall take effect as a final rule as 
        otherwise provided by law (including other subsections of this 
        section).
    (e) Treatment of Rules Issued Before This Act.--
            (1) Opportunity for congressional review.--The provisions 
        of section 104 shall apply to any significant rule that is 
        published in the Federal Register (as a rule that shall take 
        effect as a final rule) during the period beginning on November 
        20, 1994, through the date on which this Act takes effect.
            (2) Treatment under section 104.--In applying section 104 
        for purposes of Congressional review, a rule described under 
        paragraph (1) shall be treated as though--
                    (A) such rule were published in the Federal 
                Register (as a rule that shall take effect as a final 
                rule) on the date of the enactment of this Act; and
                    (B) a report on such rule were submitted to 
                Congress under subsection (a)(1) on such date.
            (3) Actual effective date not affected.--The effectiveness 
        of a rule described under paragraph (1) shall be as otherwise 
        provided by law, unless the rule is made of no force or effect 
        under section 104.
    (f) Nullification of Rules Disapproved by Congress.--Any rule that 
takes effect and later is made of no force or effect by the enactment 
of a joint resolution under section 104 shall be treated as though such 
rule had never taken effect.
    (g) No Inference to be Drawn Where Rules Not Disapproved.--If the 
Congress does not enact a joint resolution of disapproval under section 
104, no court or agency may infer any intent of the Congress from any 
action or inaction of the Congress with regard to such rule, related 
statute, or joint resolution of disapproval.

SEC. 104. CONGRESSIONAL DISAPPROVAL PROCEDURE.

    (a) Joint Resolution Defined.--For purposes of this section, the 
term ``joint resolution'' means only a joint resolution introduced 
during the period beginning on the date on which the report referred to 
in section 103(a) is received by Congress and ending 45 days 
thereafter, the matter after the resolving clause of which is as 
follows: ``That Congress disapproves the rule submitted by the ____ 
relating to ____, and such rule shall have no force or effect.''. (The 
blank spaces being appropriately filled in.)
    (b) Referral.--
            (1) In general.--A resolution described in paragraph (1) 
        shall be referred to the committees in each House of Congress 
        with jurisdiction. Such a resolution may not be reported before 
        the eighth day after its submission or publication date.
            (2) Submission date.--For purposes of this subsection the 
        term ``submission or publication date'' means the later of the 
        date on which--
                    (A) the Congress receives the report submitted 
                under section 103(a)(1); or
                    (B) the rule is published in the Federal Register.
    (c) Discharge.--If the committee to which is referred a resolution 
described in subsection (a) has not reported such resolution (or an 
identical resolution) at the end of 20 calendar days after the 
submission or publication date defined under subsection (b)(2), such 
committee may be discharged from further consideration of such 
resolution in the Senate upon a petition supported in writing by 30 
Members of the Senate and in the House upon a petition supported in 
writing by one-fourth of the Members duly sworn and chosen or by motion 
of the Speaker supported by the Minority Leader, and such resolution 
shall be placed on the appropriate calendar of the House involved.
    (d) Floor Consideration.--
            (1) In general.--When the committee to which a resolution 
        is referred has reported, or when a committee is discharged 
        (under subsection (c)) from further consideration of, a 
        resolution described in subsection (a), it is at any time 
        thereafter in order (even though a previous motion to the same 
        effect has been disagreed to) for a motion to proceed to the 
        consideration of the resolution, and all points of order 
        against the resolution (and against consideration of 
        resolution) are waived. The motion is not subject to amendment, 
        or to a motion to postpone, or to a motion to proceed to the 
        consideration of other business. A motion to reconsider the 
        vote by which the motion is agreed to or disagreed to shall not 
        be in order. If a motion to proceed to the consideration of the 
        resolution is agreed to, the resolution shall remain the 
        unfinished business of the respective House until disposed of.
            (2) Debate.--Debate on the resolution, and on all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 10 hours, which shall be divided equally 
        between those favoring and those opposing the resolution. A 
        motion further to limit debate is in order and not debatable. 
        An amendment to, or a motion to postpone, or a motion to 
        proceed to the consideration of other business, or a motion to 
        recommit the resolution is not in order.
            (3) Final passage.--Immediately following the conclusion of 
        the debate on a resolution described in subsection (a), and a 
        single quorum call at the conclusion of the debate if requested 
        in accordance with the rules of the appropriate House, the vote 
        on final passage of the resolution shall occur.
            (4) Appeals.--Appeals from the decisions of the Chair 
        relating to the application of the rules of the Senate or the 
        House of Representatives, as the case may be, to the procedure 
        relating to a resolution described in subsection (a) shall be 
        decided without debate.
    (e) Treatment if Other House Has Acted.--If, before the passage by 
one House of a resolution of that House described in subsection (a), 
that House receives from the other House a resolution described in 
subsection (a), then the following procedures shall apply:
            (1) Nonreferral.--The resolution of the other House shall 
        not be referred to a committee.
            (2) Final passage.--With respect to a resolution described 
        in subsection (a) of the House receiving the resolution--
                    (A) the procedure in that House shall be the same 
                as if no resolution had been received from the other 
                House; but
                    (B) the vote on final passage shall be on the 
                resolution of the other House.
    (f) Constitutional Authority.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in subsection 
        (a), and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 105. SPECIAL RULE ON STATUTORY, REGULATORY AND JUDICIAL DEADLINES.

    (a) In General.--In the case of any deadline for, relating to, or 
involving any rule which does not take effect (or the effectiveness of 
which is terminated) because of the enactment of a joint resolution 
under section 104, that deadline is extended until the date 12 months 
after the date of the joint resolution. Nothing in this subsection 
shall be construed to affect a deadline merely by reason of the 
postponement of a rule's effective date under section 103(a).
    (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.

SEC. 106. DEFINITIONS.

    For purposes of this title--
            (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) Significant rule.--The term ``significant rule''--
                    (A) means any final rule that the Administrator of 
                the Office of Information and Regulatory Affairs within 
                the Office of Management and Budget finds--
                            (i) has an annual effect on the economy of 
                        $100,000,000 or more or adversely affects in a 
                        material way the economy, a sector of the 
                        economy, productivity, competition, jobs, the 
                        environment, public health or safety, or State, 
                        local, or tribal governments or communities;
                            (ii) creates a serious inconsistency or 
                        otherwise interferes with an action taken or 
                        planned by another agency;
                            (iii) materially alters the budgetary 
                        impact of entitlement, grants, user fees, or 
                        loan programs or the rights and obligations of 
                        recipients thereof; or
                            (iv) raises novel legal or policy issues 
                        arising out of legal mandates, the President's 
                        priorities, or the principles set forth in 
                        Executive Order 12866.
                    (B) does not include any agency action that 
                establishes, modifies, opens, closes, or conducts a 
                regulatory program for a commercial, recreational, or 
                subsistence activity relating to hunting, fishing, or 
                camping.
            (3) Final rule.--The term ``final rule'' means any final 
        rule or interim final rule. As used in this paragraph, ``rule'' 
        has the meaning given such term by section 551 of title 5, 
        United States Code, except that such term does not include any 
        rule of particular applicability including a rule that approves 
        or prescribes for the future rates, wages, prices, services, or 
        allowances therefor, corporate or financial structures, 
        reorganizations, mergers, or acquisitions thereof, or 
        accounting practices or disclosures bearing on any of the 
        foregoing or any rule of agency organization, personnel, 
        procedure, practice or any routine matter.

SEC. 107. JUDICIAL REVIEW.

    No determination, finding, action, or omission under this title 
shall be subject to judicial review.

SEC. 108. APPLICABILITY; SEVERABILITY.

    (a) Applicability.--This title shall apply notwithstanding any 
other provision of law.
    (b) Severability.--If any provision of this title, or the 
application of any provision of this title to any person or 
circumstance, is held invalid, the application of such provision to 
other persons or circumstances, and the remainder of this title, shall 
not be affected thereby.

SEC. 109. EXEMPTION FOR MONETARY POLICY.

    Nothing in this title shall apply to rules that concern monetary 
policy proposed or implemented by the Board of Governors of the Federal 
Reserve System or the Federal Open Market Committee.

SEC. 110. EFFECTIVE DATE.

    This title shall take effect on the date of the enactment of this 
Act and shall apply to any rule that takes effect as a final rule on or 
after such effective date.

                     TITLE II--TERM GRAZING PERMITS

SEC. 201. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Secretary of Agriculture (referred to in this title 
        as the ``Secretary'') administers the 191,000,000-acre National 
        Forest System for multiple uses in accordance with Federal law;
            (2) where suitable, one of the recognized multiple uses for 
        National Forest System land is grazing by livestock;
            (3) the Secretary authorizes grazing through the issuance 
        of term grazing permits that have terms of not to exceed 10 
        years and that include terms and conditions necessary for the 
        proper administration of National Forest System land and 
        resources;
            (4) as of the date of enactment of this Act, the Secretary 
        has issued approximately 9,000 term grazing permits authorizing 
        grazing on approximately 90,000,000 acres of National Forest 
        System land;
            (5) of the approximately 9,000 term grazing permits issued 
        by the Secretary, approximately one-half have expired or will 
        expire by the end of 1996;
            (6) if the holder of an expiring term grazing permit has 
        complied with the terms and conditions of the permit and 
        remains eligible and qualified, that individual is considered 
        to be a preferred applicant for a new term grazing permit in 
        the event that the Secretary determines that grazing remains an 
        appropriate use of the affected National Forest System land;
            (7) in addition to the approximately 9,000 term grazing 
        permits issued by the Secretary, it is estimated that as many 
        as 1,600 term grazing permits may be waived by permit holders 
        to the Secretary in favor of a purchaser of the permit holder's 
        permitted livestock or base property by the end of 1996;
            (8) to issue new term grazing permits, the Secretary must 
        comply with the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and other laws;
            (9) for a large percentage of the grazing permits that will 
        expire or be waived to the Secretary by the end of 1996, the 
        Secretary has devised a strategy that will result in compliance 
        with the National Environmental Policy Act of 1969 and other 
        applicable laws (including regulations) in a timely and 
        efficient manner and enable the Secretary to issue new term 
        grazing permits, where appropriate;
            (10) for a small percentage of the grazing permits that 
        will expire or be waived to the Secretary by the end of 1996, 
        the strategy will not provide for the timely issuance of new 
        term grazing permits; and
            (11) in cases in which ranching operations involve the use 
        of a term grazing permit issued by the Secretary, it is 
        essential for new term grazing permits to be issued in a timely 
        manner for financial and other reasons.
    (b) Purpose.--The purpose of this title is to ensure that grazing 
continues without interruption on National Forest System land in a 
manner that provides long-term protection of the environment and 
improvement of National Forest System rangeland resources while also 
providing short-term certainty to holders of expiring term grazing 
permits and purchasers of a permit holder's permitted livestock or base 
property.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Expiring term grazing permit.--The term ``expiring term 
        grazing permit'' means a term grazing permit--
                    (A) that expires in 1995 or 1996; or
                    (B) that expired in 1994 and was not replaced with 
                a new term grazing permit solely because the analysis 
                required by the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) and other applicable laws 
                has not been completed.
            (2) Final agency action.--The term ``final agency action'' 
        means agency action with respect to which all available 
        administrative remedies have been exhausted.
            (3) Term grazing permit.--The term ``term grazing permit 
        means a term grazing permit or grazing agreement issued by the 
        Secretary under section 402 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1752), section 19 of the Act 
        entitled ``An Act to facilitate and simplify the work of the 
        Forest Service, and for other purposes'', approved April 24, 
        1950 (commonly known as the ``Granger-Thye Act'') (16 U.S.C. 
        580l), or other law.

SEC. 203. ISSUANCE OF NEW TERM GRAZING PERMITS.

    (a) In General.--Notwithstanding any other provision of law, 
regulation, policy, court order, or court sanctioned settlement 
agreement, the Secretary shall issue a new term grazing permit without 
regard to whether the analysis required by the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws 
has been completed, or final agency action respecting the analysis has 
been taken--
            (1) to the holder of an expiring term grazing permit; or
            (2) to the purchaser of a term grazing permit holder's 
        permitted livestock or base property if--
                    (A) between January 1, 1995, and December 1, 1996, 
                the holder has waived the term grazing permit to the 
                Secretary pursuant to section 222.3(c)(1)(iv) of title 
                36, Code of Federal Regulations; and
                    (B) the purchaser of the term grazing permit 
                holder's permitted livestock or base property is 
                eligible and qualified to hold a term grazing permit.
    (b) Terms and Conditions.--Except as provided in subsection (c)--
            (1) a new term grazing permit under subsection (a)(1) shall 
        contain the same terms and conditions as the expired term 
        grazing permit; and
            (2) a new term grazing permit under subsection (a)(2) shall 
        contain the same terms and conditions as the waived permit.
    (c) Duration.--
            (1) In general.--A new term grazing permit under subsection 
        (a) shall expire on the earlier of--
                    (A) the date that is 3 years after the date on 
                which it is issued; or
                    (B) the date on which final agency action is taken 
                with respect to the analysis required by the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and other applicable laws.
            (2) Final action in less than 3 years.--If final agency 
        action is taken with respect to the analysis required by the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) and other applicable laws before the date that is 3 years 
        after the date on which a new term grazing permit is issued 
        under subsection (a), the Secretary shall--
                    (A) cancel the new term grazing permit; and
                    (B) if appropriate, issue a term grazing permit for 
                a term not to exceed 10 years under terms and 
                conditions as are necessary for the proper 
                administration of National Forest System rangeland 
                resources.
    (d) Date of Issuance.--
            (1) Expiration on or before date of enactment.--In the case 
        of an expiring term grazing permit that has expired on or 
        before the date of enactment of this Act, the Secretary shall 
        issue a new term grazing permit under subsection (a)(1) not 
        later than 15 days after the date of enactment of this Act.
            (2) Expiration after date of enactment.--In the case of an 
        expiring term grazing permit that expires after the date of 
        enactment of this Act, the Secretary shall issue a new term 
        grazing permit under subsection (a)(1) on expiration of the 
        expiring term grazing permit.
            (3) Waived permits.--In the case of a term grazing permit 
        waived to the Secretary pursuant to section 222.3(c)(1)(iv) of 
        title 36, Code of Federal Regulations, between January 1, 1995, 
        and December 31, 1996, the Secretary shall issue a new term 
        grazing permit under subsection (a)(2) not later than 60 days 
        after the date on which the holder waives a term grazing permit 
        to the Secretary.

SEC. 204. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW.

    The issuance of a new term grazing permit under section 203(a) 
shall not be subject to administrative appeal or judicial review.

SEC. 205. REPEAL.

    This title is repealed effective as of January 1, 2001.

                      TITLE III--GENERAL PROVISION

SEC. 301. SENSE OF SENATE REGARDING AMERICAN CITIZENS HELD IN IRAQ.

    (a) Findings.--The Senate makes the following findings:
            (1) On Saturday, March 25, 1995, an Iraqi court sentenced 
        two Americans, William Barloon and David Daliberti, to eight 
        years imprisonment for allegedly entering Iraq without 
        permission.
            (2) The two men were tried, convicted, and sentenced in 
        what was reported to be a very brief period during that day 
        with no other Americans present and with their only legal 
        counsel having been appointed by the Government of Iraq.
            (3) The Department of State has stated that the two 
        Americans have committed no offense justifying imprisonment and 
        has demanded that they be released immediately.
            (4) This injustice worsens already strained relations 
        between the United States and Iraq and makes resolution of 
        differences with Iraq more difficult.
    (b) Sense of Senate.--The Senate strongly condemns the unjustified 
actions taken by the Government of Iraq against American citizens 
William Barloon and David Daliberti and urges their immediate release 
from prison and safe exit from Iraq. Further, the Senate urges the 
President of the United States to take all appropriate action to assure 
their prompt release and safe exit from Iraq.

            Passed the Senate March 29 (legislative day, March 27), 
      1995.

            Attest:

                                                             Secretary.

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104th CONGRESS

  1st Session

                                 S. 219

_______________________________________________________________________

                                 AN ACT

 To ensure economy and efficiency of Federal Government operations by 
  establishing a moratorium on regulatory rulemaking actions, and for 
                            other purposes.