[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 219 Introduced in Senate (IS)]
104th CONGRESS
1st Session
S. 219
To ensure economy and efficiency of Federal Government operations by
establishing a moratorium on regulatory rulemaking actions, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 12 (legislative day, January 10), 1995
Mr. Nickles (for himself, Mr. Bond, Mrs. Hutchison, Mr. Dole, Mr.
Grassley, Mr. Ashcroft, Mr. Coverdell, Mr. Abraham, Mr. Thompson, Mr.
Burns, Mr. Shelby, Mr. McConnell, Mr. Faircloth, Mr. Thomas, Mr. Smith,
Mr. McCain, Mr. Craig, Mr. Coats, Mr. Santorum, Mr. Mack, Mr. Gregg,
Mr. Murkowski, Mr. Lott, Mr. Kyl, Mr. Thurmond, Mr. Hatch, Mr. Helms,
Mr. Inhofe, Mr. Simpson, Mr. Gramm, Mr. Frist, Mr. Grams, Mr. Bennett,
and Mr. Kempthorne) introduced the following bill; which was read twice
and referred to the Committee on Governmental Affairs
_______________________________________________________________________
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 rule making actions is imposed and an
inventory of such actions is conducted.
SEC. 3. MORATORIUM ON REGULATIONS.
(a) Moratorium.--During the moratorium period, a Federal agency may
not take any regulatory rulemaking action, unless permitted under
section 5. Beginning 30 days after the date of enactment of this Act,
the effectiveness of any regulatory rulemaking action taken 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 Rulemaking.--Not later than 30 days after the date
of 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) and pending on the date of 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 action authorized or
required to be taken before the end of the moratorium period is
extended.
(b) Extension Period.--Any deadline covered by subsection (a) shall
be extended for 5 months or until July 1, 1995, whichever is later.
(c) 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.
(d) Identification of Postponed Deadlines.--Not later than 30 days
after the date of 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; and
(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 rule making (as defined in section
551(5) of title 5, United States Code) 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 certifies is limited to repealing,
narrowing, or streamlining a rule, regulation,
or administrative process, to issuing or
promulgating a rule required to make effective
tax relief provided by statute, 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 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, corporate or financial structures
or reorganization 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 of 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 adopting a rule necessary to permit new or
improved applications of technology.
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 in civil action against that agency obtain appropriate relief.
The court may award a prevailing plaintiff in an action under this
section reasonable attorney's fees.
SEC. 8. 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>