[Congressional Record Volume 141, Number 36 (Monday, February 27, 1995)]
[House]
[Page H2308]
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. 925

                         Offered By: Mr. Fattah

       Amendment No. 1. Page 2, line 8, after the period insert 
     ``The Federal Government may, in a civil action, obtain 
     equitable contribution toward the payment of any compensation 
     required under this Act from any property owners the value of 
     whose property was increased by the agency action that gave 
     rise to the right to that compensation.''.

                                H.R. 925

                       Offered By: Mr. Traficant

       Amendment No. 2: Page 2, line 5, strike ``10'' and insert 
     ``25''.

                                H.R. 925

                       Offered By: Mr. Traficant

       Amendment No. 3: Page 5, after line 8, insert the 
     following:

     SEC.  . DUTY OF NOTICE TO OWNERS.

       Whenever an agency takes an agency action limiting the use 
     of private property, the agency shall give notice to the 
     owners of that property explaining their rights under this 
     Act and the procedures for obtaining any compensation that 
     may be due to them under this Act.
       Redesignate succeeding sections accordingly.

                                H.R. 925

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 4: Page 4, strike lines 6 through 21.
                                H.R. 925

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 5: Page 2, lines 12 and 13, change the 
     heading to read:
       ``(a) Circumstances in Which No Compensation Shall be 
     Awarded.--''
       Page 2, after line 19, add the following:
       ``No compensation shall be made under this Act with respect 
     to an agency action which is reasonably related to or in 
     furtherance of the purposes of any law enacted by Congress, 
     unless such law is determined to be in violation of the 
     United States Constitution.''
       Page 4, strike lines 6 through 21.

                                H.R. 926

                         Offered By: Mr. Ewing

       Amendment No. 1: Page 2, line 11, strike ``180 days'' and 
     insert ``one year'', in line 24, strike ``(2)(A)'' and all 
     that follows through ``(B)'' in line 4 on page 3, and in line 
     8 on page 3, strike ``180 days'' and insert ``one year''.

                                H.R. 926

                       Offered By: Mr. Traficant

       Amendment No. 2: Page 15, line 22, strike ``and'', in line 
     3 on page 16 strike the period and insert ``; and'', and add 
     after line 3 the following:
       ``(D) any regulation proposed or issued in connection with 
     imposing trade sanctions against any country that engages in 
     illegal trade activities against the United States that are 
     injurious to American technology, jobs, pensions, or general 
     economic well-being.

                                H.R. 926

                       Offered By: Mr. Traficant

       Amendment No. 3: Page 15, line 22, strike ``and'', in line 
     3 on page 16 strike the period and insert ``; and'', and add 
     after line 3 the following:
       ``(D) any regulation proposed or issued in connection with 
     ensuring the collection of taxes from a subsidiary of a 
     foreign company doing business in the United States.
                                H.R. 926

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 4: On page 6, line 16, strike the period and 
     insert the following new language:
       ``(4) Special Rule.--No proposed rules issued by an 
     appropriate federal banking agency (as that term is defined 
     in section 3(q) of the Federal Deposit Insurance Act (12 
     U.S.C. 1813(q)), the National Credit Union Administration, or 
     the Office of Federal Housing Enterprise Oversight, shall be 
     subject to the requirements of this subsection.''

                               H.R. 1022

                    Offered By: Mr. Barton of Texas

       Amendment No. 5: Page 36, after line 2, insert the 
     following new title, redesignate title VI as title VII, and 
     redesignate section 601 on page 36, line 4, as section 701:

                       TITLE VI--PETITION PROCESS

     SEC. 601. PETITION PROCESS.

       (2) Purpose.--The purpose of this section is to provide an 
     accelerated process for the review of Federal programs 
     designated to protect human health, safety, or the 
     environment and to revise rules and program elements where 
     possible to achieve substantially equivalent protection of 
     human health, safety or the environment at a substantially 
     lower cost of compliance or in a more flexible manner.
       (b) Accelerated Process for Certain Petitions.--Within 1 
     year after the date of enactment of this Act, the head of 
     each Federal agency administering any program designed to 
     protect human health, safety, or the environment shall 
     establish accelerated procedures for accepting and 
     considering petitions for the review of any rule or program 
     element promulgated prior to the effective date of this Act 
     which is part of such program, if the annual costs of 
     compliance with such rule or program element are at least 
     $25,000,000.
       (c) Who May Submit Petitions.--Any person who demonstrates 
     that he or she is affected by a rule or program element 
     referred to in subsection (b) may submit a petition under 
     this section.
       (d) Contents of Petitions.--Each petition submitted under 
     this section shall include adequate supporting documentation, 
     including, where appropriate, the following:
       (1) New studies or other relevant information that provide 
     the basis for a proposed revision of a risk assessment or 
     risk characterization used as a basis of a rule or program 
     element.
       (2) Information documenting the costs of compliance with 
     any rule or program element which is the subject of the 
     petition and information demonstrating that a revision could 
     achieve protection of human health, safety or the environment 
     substantially equivalent to that achieved by the rule or 
     program element concerned but at a substantially lower cost 
     of compliance or in a manner which provides more flexibility 
     to States, local, or tribal governments, or regulated 
     entities. Such documentation may include information 
     concerning investments and
     other actions taken by persons subject to the rule or program 
     element in good faith to comply.
       (e) Deadlines for Agency Response.--Each agency head 
     receiving petitions under this section shall assemble and 
     review all such petitions received during the 6-month period 
     commencing upon the promulgation of procedures under 
     subsection (b) and during 15 successive 6-month periods 
     thereafter. Not later than 180 days after the expiration of 
     each such review period, the agency head shall complete the 
     review of such petitions, make a determination under 
     subsection (f) to accept or to reject each such petition, and 
     establish a schedule and priorities for taking final action 
     under subsection (g) with respect to each accepted petition. 
     For petitions accepted for consideration under this section, 
     the schedule shall provide for final action under subsection 
     (g) within 18 months after the expiration of each such 180-
     day period and may provide for consolidation of reasonably 
     related petitions. The schedule and priorities shall be based 
     on the potential to more efficiently focus national economic 
     resources within Federal regulatory programs designed to 
     protect human health, safety, or the environment on the most 
     important priorities and on such other factors as such 
     Federal agency considers appropriate.
       (f) Criteria for Acceptance of Petitions.--
       (1) In general.--An agency head shall accept a petition for 
     consideration under this section if the petition meets the 
     applicable requirements of subsections (b), (c), and (d) and 
     if there is a reasonable likelihood that the revision 
     requested in the petition would achieve protection of human 
     health, safety or the environment substantially equivalent to 
     that achieved by the rule or program element concerned but a 
     substantially lower cost of compliance or in a manner which 
     provides more flexibility to States, local, or tribal 
     governments, or regulated entities.
       (2) Final agency action.--If the agency head rejects the 
     petition, the agency head shall publish the reasons for doing 
     so in the Federal Register. Any petition rejected for 
     consideration under this section may be considered by the 
     agency under any other applicable procedures, but a rejection 
     of a petition under this section shall be considered final 
     agency action.
       (3) Consideration.--In determining whether to accept or 
     reject a petition with respect to any rule or program 
     element, the agency shall take into account any information 
     provided by the petitioner concerning costs incurred in 
     complying with the rule or program element prior to the date 
     of the petition and the costs that could be incurred by 
     changing the rule or program element as proposed in the 
     petition.
       (g) Final Agency Action.--In accordance with the schedule 
     established under subsection (e), and after notice and 
     opportunity for comment, the agency head shall take final 
     action regarding petitions accepted under subsection (f) by 
     either revising a rule or program element or determining not 
     to make any such revision. When reviewing any final agency 
     action under this subsection, the court shall hold unlawful 
     and set aside the agency action if found to be unsupported by 
     substantial evidence.
       (h) Other Procedures Remain Available.--Nothing in this 
     section shall be construed to preclude the review or revision 
     of any risk characterization document, risk assessment 
     document, rule or program element at any time under any other 
     procedures.
     [[Page H2308]] SEC. 602. REVIEWS OF HEALTH EFFECTS VALUES.

       Within 5 years after the enactment of this Act, the 
     Administrator of the Environmental Protection Agency shall 
     review each health or environmental effects value placed, 
     before the effective date of title I, on the Integrated Risk 
     Information System (IRIS) Database maintained by the Agency 
     and revise such value to comply with the provisions of title 
     I.
     SEC. 603. DEFINITIONS.

       As used in this title:
       (1) The term ``Federal agency'' has the same meaning as 
     when used in section 110.
       (2) The terms ``rule'' and ``program element'' shall 
     include reasonably related provisions of the Code of Federal 
     Regulations and any guidance, including protocols of general 
     applicability establishing policy regarding risk assessment 
     or risk characterization, but shall not include any permit or 
     license or any regulation or other action by an agency to 
     authorize or approve any individual substance or product.

                               H.R. 1022

                         Offered By: Mr. Cooley

       Amendment No. 6: Page 4, after line 18, insert after 
     section 3(4) the following new paragraph (5):
       (5) An action under any regulatory program designed to 
     protect human health, safety, or the environment under any 
     Federal law for which appropriations are not specifically and 
     explicitly authorized for the fiscal year in which the action 
     is taken, except that this Act applies to such action after 
     the first date on which there has been enacted after the date 
     of the enactment of this Act a law authorizing appropriations 
     to carry out that Federal law.

                               H.R. 1022

                         Offered By: Mr. Cooley

       Amendment No. 7: At the end of the bill (page 37, after 
     line 13), add the following new title:

                   TITLE VII--REGULATORY PROHIBITION

     SEC. 701. REGULATORY PROHIBITION.

       A Federal agency may not take any regulatory action under a 
     program designed to protect human health, safety, or the 
     environment under any Federal law for which appropriations 
     are not specifically and explicitly authorized for the fiscal 
     year in which the action is taken.

                               H.R. 1022

                  Offered By: Mr. Fields of Louisiana

       Amendment No. 8: Page 27, line 4, after the period insert: 
     ``Such analysis shall include consideration of the impacts on 
     future generations.''.
                               H.R. 1022

                   Offered By: Mr. Hayes of Louisiana

       Amendment No. 9: Page 4, line 4, insert ``(a) Exclusions.--
     '' before ``This Act'' in the matter preceeding section 3(1).
       Page 4, after line 18, insert the following new subsection 
     (b) of section 3:
       (b) Savings Provision.--The provisions of this Act shall be 
     supplemental to any other provisions of law relating to risk 
     assessments, risk characterizations, or decision criteria for 
     rulemaking, except that nothing in this Act shall be 
     construed to modify any statutory standard or statutory 
     requirement designed to protect health, safety, or the 
     environment. Nothing in this Act shall be interpreted to 
     preclude the consideration of any data or the calculation of 
     any estimate to more fully describe or analyze risk to 
     provide examples of scientific uncertainty or variability. 
     Nothing in this Act shall be construed to require the 
     disclosure of any trade secret or other confidential 
     information.
       Strike section 103(c) (page 12, line 18 through page 13, 
     line 4).
       Strike section 202(b)(1) (page 29, lines 18 through 23) and 
     strike ``(2) Substantial evidence.--'' in section 202(b) 
     (page 29, line 24).

                               H.R. 1022

                         Offered By: Mr. Hayes

       Amendment No. 10: Strike clause (iii) of section 
     103(b)(2)(B) (page 8, lines 9 through 13) and redesignate 
     clauses (iv), (v), and (vi) of such section as clauses (iii), 
     (iv), and (v).

                               H.R. 1022

                         Offered By: Mr. Roemer

       Amendment No. 11: Strike section 401 (page 34, lines 2 
     through 19) and insert the following:

     SEC. 401. JUDICIAL REVIEW.

       Nothing in this Act creates any right to judicial or 
     administrative review, nor creates any right or benefit, 
     substantive or procedural, enforceable at law or equity by a 
     party against the United States, its agencies or 
     instrumentalities, its officers or employees, or any other 
     person. If an agency action is subject to judicial or 
     administrative review under any other provision of law, the 
     adequacy of any certification or other document prepared 
     pursuant to this Act, and any alleged failure to comply with 
     this Act, may not be used as grounds for affecting or 
     invalidating such agency action, but statements and 
     information prepared pursuant to this title which are 
     otherwise part of the record may be considered as part of the 
     record for the judicial or administrative review conducted 
     under such other provision of law.
       Strike section 202(b)(2) (page 29, line 24 through page 30, 
     line 6) relating to substantial evidence and strike ``(1) In 
     general.--'' in section 202(b) (page 29, line 18).
                               H.R. 1022

                   Offered by: Mr. Smith of Michigan

       Amendment No. 12: Page 5, after line 18, insert the 
     following new section:

     SEC. 5. AVAILABILITY OF INFORMATION AMONG FEDERAL AGENCIES

       Covered Federal agencies shall make existing databases and 
     information developed under this Act available to other 
     Federal agencies, subject to applicable confidentiality 
     requirements, for the purpose of meeting the requirements of 
     this Act. Within 15 months after the date of enactment of 
     this Act, the President shall issue guidelines for Federal 
     agencies to comply with this section.

                               H.R. 1022

                       Offered by: Mr. Traficant

       Amendment No. 13: At the end of section 106 (page 18, line 
     25), add after the period the following:

     For purposes of this section, the term ``non-United States-
     based entity'' means--
       (1) an entity that is incorporated outside the United 
     States and has its principal place of business outside the 
     United States; or
       (2) the United Nations or any of its divisions.

                               H.R. 1022

                         Offered by: Mr. Vento

       Amendment No. 14: Page 12, strike lines 3, 4 and 5.
Vol. 141         WASHINGTON, MONDAY, FEBRUARY 27, 1995           No. 36
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                                 Senate


           (Legislative day of Wednesday, February 22, 1995)