[Congressional Record Volume 141, Number 55 (Friday, March 24, 1995)]
[Senate]
[Pages S4599-S4601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                   NICKLES-REID SUBSTITUTE TO S. 219

 Mr. NICKLES. Mr. President, upon the consideration of S. 219, 
the Regulatory Transition Act, I will offer along with my colleagues 
Senator Harry Reid, Senator Kit Bond, and Senator Kay Bailey Hutchison 
an amendment which provides for a 45-day congressional review of 
Federal regulations. During that time, Congress will be authorized to 
review and, potentially, reject regulations before they become final. 
This alternative provide an opportunity to move forward on the critical 
issue of regulatory reform in a bipartisan manner.
  I ask that following my statement the text of the amendment be 
printed in the Record.
  The proposed amendment follows:

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:

     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 the effectiveness of 
     certain significant final rules is imposed in order to 
     provide Congress an opportunity for review.

     SEC. 3. MORATORIUM ON REGULATIONS; CONGRESSIONAL REVIEW.

       (a) Reporting and Review of Regulations.--
       (1) Reporting to congress.--
       (A) Before a rule can take effect as a final rule, the 
     Federal agency promulgating such rule shall submit to each 
     House of the Congress a report containing--
       (i) a copy of the rule;
       (ii) a concise general statement relating to the rule;
       (iii) the proposed effective date of the rule; and
       (iv) a complete copy of the cost-benefit analysis of the 
     rule, if any.
       (B) Upon receipt, each House shall provide copies to the 
     Chairman and Ranking Member of each committee with 
     jurisdiction.
       (2) Effective date of significant rules.--A significant 
     rule relating to a report submitted under paragraph (1) shall 
     take effect as a final rule, the latest of--
       (A) the later of the date occurring 45 days after the date 
     on which--
       (i) the Congress receives the report submitted under 
     paragraph (1); or
       (ii) the rule is published in the Federal Register;
       (B) if the Congress passes a joint resolution of 
     disapproval described under section 4 relating to the rule, 
     and the President signs a veto of such resolution, the 
     earlier date--
       (i) on which either House of Congress votes and fails to 
     override the veto of the President; or
       (ii) occurring 30 session days after the date on which the 
     Congress received the veto and objections of the President; 
     or
     [[Page S4600]]   (C) the date the rule would have otherwise 
     taken effect, if not for this section (unless a joint 
     resolution of disapproval under section 4 is enacted).
       (3) Effective date for other rules.--Except for a 
     significant rule, a rule shall take effect as otherwise 
     provided by law after submission to Congress under paragraph 
     (1).
       (b) Termination of Disapproved Rulemaking.--A rule shall 
     not take effect (or continue) as a final rule, if the 
     Congress passes a joint resolution of disapproval described 
     under section 4.
       (c) Presidential Waiver Authority.--
       (1) Presidential determinations.--Notwithstanding any other 
     provision of this section (except subject to paragraph (3)), 
     a rule that would not take effect by reason of this Act may 
     take effect, if the President makes a determination under 
     paragraph (2) and submits written notice of such 
     determination to the Congress.
       (2) Grounds for determinations.--Paragraph (1) applies to a 
     determination made by the President by Executive order that 
     the rule should take effect because such rule is--
       (A) necessary because of an imminent threat to health or 
     safety or other emergency;
       (B) necessary for the enforcement of criminal laws; or
       (C) necessary for national security.
       (3) Waiver not to affect congressional disapprovals.--An 
     exercise by the President of the authority under this 
     subsection shall have no effect on the procedures under 
     section 4 or the effect of a joint resolution of disapproval 
     under this section. --
       (d) Treatment of Rules Issued at End of Congress.--
       (1) Additional opportunity for review.--In addition to the 
     opportunity for review otherwise provided under this Act, in 
     the case of any rule that is published in the Federal 
     Register (as a rule that shall take effect as a final rule) 
     during the period beginning on the date occurring 60 days 
     before the date the Congress adjourns sine die through the 
     date on which the succeeding Congress first convenes, section 
     4 shall apply to such rule in the succeeding Congress.
       (2) Treatment under section 4.--
       (A) In applying section 4 for purposes of such additional 
     review, a rule described under paragraph (1) shall be treated 
     as though--
       (i) such rule were published in the Federal Register (as a 
     rule that shall take effect as a final rule) on the 15th 
     session day after the succeeding Congress first convenes; and
       (ii) a report on such rule were submitted to Congress under 
     subsection (a)(1) on such date.
       (B) Nothing in this paragraph shall be construed to affect 
     the requirement under subsection (a)(1) that a report must be 
     submitted to Congress before a final rule can take effect.
       (3) Actual effective date not affected.--A rule described 
     under paragraph (1) shall take effect as a final rule as 
     otherwise provided by law (including other subsections of 
     this section).
       (e) Treatment of Rules Issued Before This Act.--
       (1) Opportunity for congressional review.--The provisions 
     of section 4 shall apply to any significant rule that is 
     published in the Federal Register (as a rule that shall take 
     effect as a final rule) during the period beginning on 
     November 20, 1994, through the date on which this Act takes 
     effect.
       (2) Treatment under section 4.--In applying section 4 for 
     purposes of Congressional review, a rule described under 
     paragraph (1) shall be treated as though--
       (A) such rule were published in the Federal Register (as a 
     rule that shall take effect as a final rule) on the date of 
     the enactment of this Act; and
       (B) a report on such rule were submitted to Congress under 
     subsection (a)(1) on such date.
       (3) Actual effective date not affected.--The effectiveness 
     of a rule described under paragraph (1) shall be as otherwise 
     provided by law, unless the rule is made of no force or 
     effect under section 4.
       (f) Nullification of Rules Disapproved by Congress.--Any 
     rule that takes effect and later is made of no force or 
     effect by the enactment of a joint resolution under section 4 
     shall be treated as though such rule had never taken effect.
       (g) No Inference to be Drawn Where Rules Not Disapproved.--
     If the Congress does not enact a joint resolution of 
     disapproval under section 4, no court or agency may infer any 
     intent of the Congress from any action or inaction of the 
     Congress with regard to such rule, related statute, or joint 
     resolution of disapproval.

     SEC. 4. CONGRESSIONAL DISAPPROVAL PROCEDURE.

       (a) Joint Resolution Defined.--For purposes of this 
     section, the term "joint resolution" means only a joint 
     resolution introduced after the date on which the report 
     referred to in section 3(a) is received by Congress the 
     matter after the resolving clause of which is as follows: 
     ``That Congress disapproves the rule submitted by the ____ 
     relating to ____, and such rule shall have no force or 
     effect.'' (The blank spaces being appropriately filled in.)
       (b) Referral.--
       (1) In general.--A resolution described in paragraph (1) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction. Such a resolution may not be reported 
     before the eighth day after its submission or publication 
     date.
       (2) Submission date.--For purposes of this subsection the 
     term ``submission or publication date'' means the later of 
     the date on which--
       (A) the Congress receives the report submitted under 
     section 3(a)(1); or
       (B) the rule is published in the Federal Register.
       (c) Discharge.--If the committee to which is referred a 
     resolution described in subsection (a) has not reported such 
     resolution (or an identical resolution) at the end of 20 
     calendar days after the submission or publication date 
     defined under subsection (b)(2), such committee may be 
     discharged by the Majority Leader of the Senate or the 
     Majority Leader of the House of Representatives, as the case 
     may be, from further consideration of such resolution and 
     such resolution shall be placed on the appropriate calendar 
     of the House involved.
       (d) Floor Consideration.--
       (1) In general.--When the committee to which a resolution 
     is referred has reported, or when a committee is discharged 
     (under subsection (c)) from further consideration of, a 
     resolution described in subsection (a), it is at any time 
     thereafter in order (even though a previous motion to the 
     same effect has been disagreed to) for a motion to proceed to 
     the consideration of the resolution, and all points of order 
     against the resolution (and against consideration of 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the resolution is agreed to, the 
     resolution shall remain the unfinished business of the 
     respective House until disposed of.
       (2) Debate.--Debate on the resolution, and on all debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 10 hours, which shall be divided equally 
     between those favoring and those opposing the resolution. A 
     motion further to limit debate is in order and not debatable. 
     An amendment to, or a motion to postpone, or a motion to 
     proceed to the consideration of other business, or a motion 
     to recommit the resolution is not in order.
       (3) Final passage.--Immediately following the conclusion of 
     the debate on a resolution described in subsection (a), and a 
     single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the appropriate 
     House, the vote on final passage of the resolution shall 
     occur.
       (4) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate or the 
     House of Representatives, as the case may be, to the 
     procedure relating to a resolution described in subsection 
     (a) shall be decided without debate.
       (e) Treatment if Other House Has Acted.--If, before the 
     passage by one House of a resolution of that House described 
     in subsection (a), that House receives from the other House a 
     resolution described in subsection (a), then the following 
     procedures shall apply:
       (1) Nonreferral.--The resolution of the other House shall 
     not be referred to a committee.
       (2) Final passage.--With respect to a resolution described 
     in subsection (a) of the House receiving the resolution--
       (A) the procedure in that House shall be the same as if no 
     resolution had been received from the other House; but
       (B) the vote on final passage shall be on the resolution of 
     the other House.
       (f) Constitutional Authority.--This section is enacted by 
     Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 5. SPECIAL RULE ON STATUTORY, REGULATORY AND JUDICIAL 
                   DEADLINES.

       (a) In General.--In the case of any deadline for, relating 
     to, or involving any significant rule which does not take 
     effect (or the effectiveness of which is terminated) because 
     of the enactment of a joint resolution under section 4, that 
     deadline is extended until the date 12 months after the date 
     of the joint resolution. Nothing in this subsection shall be 
     construed to affect a deadline merely by reason of the 
     postponement of a rule's effective date under section 3(a).
       (b) 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.

     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).
     [[Page S4601]]   (2) Significant rule.--The term 
     ``significant rule'' means any final rule, issued after 
     November 9, 1994, that the Administrator of the Office of 
     Information and Regulatory Affairs within the Office of 
     Management and Budget finds--
       (A) has an annual effect on the economy of $100,000,000 or 
     more or adversely affects 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;
       (B) creates a serious inconsistency or otherwise interferes 
     with an action taken or planned by another agency;
       (C) materially alters the budgetary impact of entitlement, 
     grants, user fees, or loan programs or the rights and 
     obligations of recipients thereof; or
       (D) raises novel legal or policy issues arising out of 
     legal mandates, the President's priorities, or the principles 
     set forth in Executive Order 12866.
       (4) Final rule.--The term ``final rule'' means any final 
     rule or interim final rule. As used in this paragraph, 
     ``rule'' has the meaning given such term by section 551 of 
     title 5, United States Code.

     SEC. 7. CIVIL ACTION.

       An Executive order issued by the President under section 
     3(c), and any determination under section 3(a)(2), shall not 
     be subject to judicial review by a court of the United 
     States.

     SEC. 8. APPLICABILITY; 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.

     SEC. 9. EFFECTIVE DATE.

       This Act shall take effect on the date of the enactment of 
     this Act and shall apply to any significant rule that takes 
     effect as a final rule on or after such effective 
     date.
     

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