[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.
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