[Congressional Record Volume 141, Number 35 (Friday, February 24, 1995)]
[House]
[Page H2226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 1022

                          Offered By: Mr. Mica

       Amendment No. 4: At the end of the bill, add the following 
     new title:

                      TITLE VII--REGULATORY REVIEW

     SEC. 701. SHORT TITLE.

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

     SEC. 702. PURPOSE.

       The purposes of this title are the following:
       (1) To require covered Federal agencies to regularly review 
     their regulations and make recommendations to terminate, 
     continue in effect, modify, or consolidate those regulations.
       (2) To require covered Federal agencies to submit those 
     recommendations to the Administrator of the Office of 
     Information and Regulatory Affairs and to the Congress.
       (3) To designate a Regulatory Review Officer within each 
     covered Federal agency, who is responsible for the 
     implementation of this title by the covered Federal agency.

     SEC. 703. REVIEW OF REGULATIONS.

       The President shall require each covered agency to do the 
     following every 7 years for each rule designed to protect 
     human health, safety, or the environment that is proposed or 
     promulgated by the agency before or after the date of the 
     enactment of this Act:
       (1) Review the regulation in accordance with section 704.
       (2) After the review but not later than 120 days before the 
     expiration of the 7-year period, submit to the Congress and 
     publish in the Federal Register a preliminary report on the 
     findings and proposed recommendations of that review in 
     accordance with section 705(a)(1).
       (3) Review and consider comments regarding the preliminary 
     report that are transmitted to the covered Federal agency by 
     the Administrator and appropriate committees of the Congress 
     during the 60-day period beginning on the date of submission 
     of the preliminary report.
       (4) After the 60-day period beginning on the date of 
     submission of the preliminary report to the Congress but not 
     later than 60 days before the expiration of the 7-day period, 
     submit to the Congress and publish in the Federal Register a 
     final report on
      the review under section 704 in accordance with section 
     705(a)(2).
       (5) Make either the certification referred to in section 
     708 or the modification or consolidation referred to in that 
     section.

     SEC. 704. REVIEW OF REGULATIONS BY COVERED FEDERAL AGENCY.

       (a) In General.--The head of each covered Federal agency 
     shall, under the criteria set forth in subsection (b) prepare 
     the following:
       (1) A thorough and systematic review of all regulations 
     designed to protect human health, safety, and the environment 
     that are issued by the covered Federal agency to determine if 
     those regulations are obsolete, inconsistent, or duplicative 
     or impede competition.
       (2) Report on the findings of those reviews, which contain 
     recommendations for--
       (A) any appropriate modifications to a regulation 
     recommended to be extended; or
       (B) any appropriate consolidations of regulations.
       (b) Criteria for Review.--
       (1) In general.--The head of a covered Federal agency shall 
     review each regulation referred to in subsection (a)(1) based 
     on the criteria referred to in paragraph (2). Pursuant to 
     such review, the head of the agency shall issue 
     recommendations on--
       (A) whether the head of the agency should certify that the 
     regulation is effective based on such criteria; or
       (B) if the head of the agency is unable to make such 
     certification because the regulation does not meet such 
     criteria, whether the regulation should be modified or 
     consolidated.
       (2) Criteria.--The criteria referred to in paragraph (1) 
     are the following:
       (A) The regulation is not outdated, obsolete, or 
     unnecessary.
       (B) The regulation or information required to comply with 
     the regulation does not duplicate, conflict with, or overlap 
     requirements under regulations of other covered Federal 
     agencies.
       (C) The regulation does not impede competition.
       (D) The benefits to society from the regulation exceed the 
     costs to society from the regulation.
       (E) The regulation is based on adequate and correct 
     information.
       (F) The regulation is worded as simply and clearly as 
     possible.
       (G) The most cost-efficient alternative was chosen in the 
     regulation to achieve the objective of the regulation.
       (H) Information requirements under the regulation can be 
     reduced, particularly for small businesses.
       (I) The regulation is fashioned to maximize net benefits to 
     society.
       (J) The regulation is clear and certain regarding who is 
     required to comply with the regulation.
       (K) The regulation maximizes the utility of market 
     mechanisms to the extent feasible.
       (L) The condition of the economy and of regulated 
     industries is considered.
       (M) The regulation imposes on the private sector the 
     minimum economic burdens necessary to achieve the purposes of 
     the regulation.
       (N) The total effect of the regulation across covered 
     Federal agencies has been examined.
       (O) The regulation is crafted to minimize needless 
     litigation.
       (P) The regulation is necessary to protect the health and 
     safety of the public.
       (Q) The regulation has not resulted in unintended 
     consequences.
       (R) Performance standards or other alternatives were 
     utilized to provide adequate flexibility to the regulated 
     industries.
       (c) Requirement To Solicit Comments From the Public and 
     Private Sector.--In reviewing regulations under this section, 
     the head of a covered Federal agency shall solicit comments 
     from the public (including the private sector) regarding the 
     application of the criteria set forth in subsection (b) to 
     the regulation before making determinations under this 
     section and sending a report under section 705(a) regarding a 
     regulation.

     SEC. 705. COVERED FEDERAL AGENCY REPORTS.

       (a) Preliminary and Final Reports on Reviews of 
     Regulations.--The head of a covered Federal agency shall 
     submit to the President, the Administrator, and the Congress 
     and publish in the Federal Register for each review of a 
     regulation under section 704--
       (1) a preliminary report that contains--
       (A) specific findings of the covered Federal agency 
     regarding--
       (i) application of the criteria set forth in section 704(b) 
     to the regulation;
       (ii) the need for the function of the regulation; and
       (iii) whether the regulation duplicates functions of 
     another regulation; and
       (B) proposed recommendations on whether--
       (i) the regulation should be modified; and
       (ii) the regulation should be consolidated with another 
     regulation; and
       (2) a final certification report on the findings and 
     recommendations of the covered Federal agency head regarding 
     the cost-effectiveness of the regulation and any appropriate 
     modifications to the regulation that includes--
       (A) a full justification of the recommendation to certify 
     or, if applicable, modify or consolidate the regulation; and
       (B) the factual basis for all recommendations made with 
     respect to that certification or modification under the 
     criteria set forth in section 704(b).
       (b) Report on Schedule for Reviewing Existing 
     Regulations.--Not later than 100 days after the date of the 
     enactment of this Act, and annually thereafter, the head of 
     each covered Federal agency shall submit to the Administrator 
     and the Congress and publish in the Federal Register a report 
     stating a schedule for reviewing in accordance with this 
     title regulations issued by the covered Federal agency before 
     the date of that submission. The first schedule shall give 
     priority to reviewing during the 3-year period beginning on 
     the date of the enactment of this Act regulations that have 
     an annual effect on the economy of $100,000,000 or more or 
     adversely affect 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.

     SEC. 706. FUNCTIONS OF ADMINISTRATOR.

       (a) In General.--The Administrator shall--
       (1) review and evaluate each report submitted by the head 
     of a covered Federal agency under section 705(a), regarding--
       (A) the quality of the analysis in the reports;
       (B) whether the covered Federal agency has properly applied 
     the criteria set forth in section 704(b); and
       (C) the consistency of the covered Federal agency action 
     with actions of other covered Federal agencies; and
       (2) transmit to the head of the covered Federal agency the 
     recommendations of the Administrator regarding the report.
       (b) Guidance.--The Administrator shall provide guidance to 
     covered Federal agencies on the conduct of reviews and the 
     preparation of reports under this title.

     SEC. 707. DESIGNATION OF COVERED FEDERAL AGENCY REGULATORY 
                   REVIEW OFFICERS.

       (a) In General.--The head of each covered Federal agency 
     shall designate an officer of the covered Federal agency as 
     the Regulatory Review Officer of the covered Federal agency.
       (b) Functions.--The Regulatory Review Officer of a covered 
     Federal agency shall--
       (1) be responsible for the implementation of this title by 
     the covered Federal agency; and
       (2) report directly to the head of the covered Federal 
     agency with respect to that responsibility.
     [[Page H2226]] SEC. 708. REQUIREMENT TO PROVIDE CONGRESS 
                   NOTICE AND OPPORTUNITY TO COMMENT BEFORE 
                   MODIFYING OR [CERTIFYING] A REGULATION.

       Based on the review and recommendations made under section 
     704(b)(1) and the recommendations of the Administrator under 
     706(a)(2), the head of a covered Federal agency shall certify 
     that a regulation is effective or shall modify or consolidate 
     such regulation, except that the head of the covered Federal 
     agency may not make such certification, modification, or 
     consolidation unless the head of the covered Federal agency--
       (1) submits to the Congress--
       (A) notice of the proposal to take that action, at least 
     120 days before the effective date of that action; and
       (B) notice of the final determination to take that action, 
     at least--
       (i) 60 days after submitting notice under subparagraph (A) 
     for the action; and
       (ii) 60 days before the effective date of the action; and
       (2) reviews and considers comments submitted to the covered 
     Federal agency by appropriate committees of the Congress 
     during the 60-day period beginning on the date of submittal 
     of notice under paragraph (1)(A) of the action.

     SEC. 709. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Office.
       (2) Covered federal agency.--The term ``covered Federal 
     agency'' means each of the following:
       (A) The Environmental Protection Agency.
       (B) The Occupational Safety and Health Administration.
       (C) The Department of Transportation (including the 
     National Transportation Safety Administration).
       (D) The Food and Drug Administration.
       (E) The Department of Energy.
       (F) The Department of the Interior.
       (G) The Department of Agriculture.
       (H) The Consumer Product Safety Commission.
       (I) The National Oceanic and Atmospheric Administration.
       (J) The United States Army Corps of Engineers.
       (K) The Mine Safety and Health Administration.
       (3) Appropriate committee of the congress.--The term 
     ``appropriate committee of the Congress'' means with respect 
     to a regulation each standing committee of the Congress 
     having authority under the rules of the House of 
     Representatives or the Senate to report a bill to enact or 
     amend the provision of law under which the regulation is 
     issued.
       (4) Office.--The term ``Office'' means the Office of 
     Information and Regulatory Affairs in the Office of 
     Management and Budget.
       (5) Regulation.--The term ``regulation'' means the whole or 
     a part of a covered Federal agency statement of general or 
     particular applicability and future effect designed to 
     implement, interpret, or prescribe law or policy, other than 
     such a statement to carry out a routine administrative 
     function of a covered Federal agency.
Vol. 141         WASHINGTON, FRIDAY, FEBRUARY 24, 1995           No. 35
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                                 Senate


           (Legislative day of Wednesday, February 22, 1995)