[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4471 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4471

  To require Executive agencies to identify which of its regulations 
   impose requirements which conflict with the requirements of other 
              Executive agencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1998

 Mr. Hoekstra introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To require Executive agencies to identify which of its regulations 
   impose requirements which conflict with the requirements of other 
              Executive agencies, 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 Harmonization Act''.

SEC. 2. CONFLICT LIST.

    (a) General Rule.--Within 180 days of the date of the enactment of 
this Act and annually thereafter, each Executive agency shall publish a 
proposed list of which of its regulations impose requirements which are 
potentially in conflict with the requirements of the regulations of 
another Executive agency or with the requirements of legislation.
    (b) Publication and Comment.--When an Executive agency publishes 
its proposed list under subsection (a), such agency shall in such 
publication provide opportunity for public comment on its list. The 
agency shall provide at least 150 days for such comment.
    (c) Publication of Final List.--Based on the comments received 
under subsection (b), an Executive agency shall revise its proposed 
list and publish a final list not later than 180 days after the 
publication of the proposed list under subsection (a).
    (d) Proposed Changes and Recommendations.--Within 180 days of the 
date of the publication of a final list under subsection (c), each 
Executive agency shall--
            (1) publish proposed changes in its regulations to resolve 
        the conflict identified by the agency in the list published 
        under subsection (c); and
            (2) submit to Congress recommendations for changes in 
        legislation to resolve the conflict identified under subsection 
        (c).
Within 360 days of the date of the publication of proposed changes 
under paragraph (1), such proposed changes shall be issued as final 
changes.
    (d) Enforcement.--Upon the expiration of 36 months after the date 
of the enactment of this Act, it shall be an affirmative defense to a 
civil action brought against a person to enforce a Federal regulatory 
requirement that such requirement is potentially in conflict with 
another regulatory requirement with which such person is in compliance.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Executive agency'' has the meaning 
        prescribed for such term by section 105 of title 5, United 
        States Code;
            (2) the term ``potentially in conflict'' means that a 
        requirement of a Federal regulation overlaps with, is 
        inconsistent with, or conflicts with another requirement of a 
        Federal regulation or Federal statute and includes establishing 
        labeling requirements that are not identical for the same 
        product, establishing packaging requirements for the same 
        product that are not identical, establishing training 
        requirements that are not identical on the same subject matter, 
        or establishing third party notification or warning 
        requirements that are not identical for goods or services;
            (3) the term ``resolve the conflict'' to amend a regulation 
        or a law so that a regulation is no longer potentially in 
        conflict; and
            (4) the term ``regulation'' means any Federal regulation or 
        any other administrative agency action that has the force of 
        law.
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