[Congressional Record Volume 141, Number 99 (Friday, June 16, 1995)]
[Senate]
[Pages S8594-S8595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       REGULATORY TRANSITION ACT OF 1995--MESSAGE FROM THE HOUSE

  Mr. WARNER. Mr. President, I ask that the Chair lay before the Senate 
a message from the House of Representatives on a bill (S. 219) to 
ensure economy and efficiency of Federal Government operations by 
establishing a moratorium on regulatory rulemaking actions, and for 
other purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 219) entitled 
     ``An Act to ensure economy and efficiency of Federal 
     Government operations by establishing a moratorium on 
     regulatory rulemaking actions, and for other purposes'', do 
     pass with the following amendment:
       Strike out all after the enacting clause, and insert:

     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, 
     including enactment of a new law or laws to require (1) that 
     the Federal rulemaking process include cost/benefit analysis, 
     including analysis of costs resulting from the loss of 
     property rights, and (2) for those Federal regulations that 
     are subject to risk analysis and risk assessment that those 
     regulations undergo standardized risk analysis and risk 
     assessment using the best scientific and economic procedures, 
     will be promoted if a moratorium on new rulemaking actions is 
     imposed and an inventory of such action is conducted.

     SEC. 3. MORATORIUM ON REGULATIONS.

       (a) Moratorium.--Until the end of the moratorium period, a 
     Federal agency may not take any regulatory rulemaking action, 
     unless an exception is provided under section 5. Beginning 30 
     days after the date of the enactment of this Act, the 
     effectiveness of any regulatory rulemaking action taken or 
     made effective during the moratorium period but before the 
     date of the enactment shall be suspended until the end of the 
     moratorium period, unless an exception is provided under 
     section 5.
       (b) Inventory of Rulemakings.--Not later than 30 days after 
     the date of the 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) taken or made effective during the moratorium 
     period but before the date of the 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 actions authorized or required to be taken before 
     the end of the moratorium period is extended for 5 months or 
     until the end of the moratorium period, whichever is 
     later.
       (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.
       (c) Identification of Postponed Deadlines.--Not later than 
     30 days after the date of the 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 
     Administrator of the Office of Information and Regulatory 
     Affairs within the Office of Management and Budget and 
     submits a copy thereof to the appropriate committees of each 
     House of the Congress;
       (2) the Administrator of the Office of Information and 
     Regulatory Affairs within the Office of Management and Budget 
     finds in writing 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).
       (c) Civil Rights Exception.--Section 3(a) or 4(a), or both, 
     shall not apply to a regulatory rulemaking action to 
     establish or enforce any statutory rights against 
     discrimination on the basis of age, race, religion, gender, 
     national origin, or handicapped or disability status except 
     such rulemaking actions that establish, lead to, or otherwise 
     rely on the use of a quota or preference based on age, race, 
     religion, gender, national origin, or handicapped or 
     disability status.

     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 the period of time--
       (A) beginning November 20, 1994; and
       (B) ending on the earlier of--
       (i) the first date on which there have been enacted one or 
     more laws that--

       (I) require that the Federal rulemaking process include 
     cost/benefit analysis, including analysis of costs resulting 
     from the loss of property rights; and
       (II) for those Federal regulations that are subject to risk 
     analysis and risk assessment, require that those regulations 
     undergo standardized risk analysis and risk assessment using 
     the best scientific and economic procedures; or

       (ii) December 31, 1995;
     except that in the case of a regulatory rulemaking action 
     with respect to determining that a species is an endangered 
     species or a threatened species under section 4(a)(1) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1533(a)(1)) or 
     designating critical habitat under section 4(a)(3) of that 
     Act (16 U.S.C. 1533(a)(3)), the term means the period of time 
     beginning on the date described in subparagraph (A) and 
     ending on the earlier of 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 the Endangered 
     Species Act of 1973, or December 31, 1996.
       (3) Regulatory rulemaking action.--
       (A) In general.--The term ``regulatory rulemaking action'' 
     means any rulemaking 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
     
[[Page S8595]]

       (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 and the 
     Administrator of the Office of Information and Regulatory 
     Affairs within the Office of Management and Budget certify in 
     writing is limited to repealing, narrowing, or streamlining a 
     rule, regulation, or administrative process or otherwise 
     reducing regulatory burdens;
       (ii) any agency action that the head of the agency and the 
     Administrator of the Office of Information and Regulatory 
     Affairs within the Office of Management and Budget certify in 
     writing is limited to matters relating to military or foreign 
     affairs functions, statutes implementing international trade 
     agreements, including all agency actions required by the 
     Uruguay Round Agreements Act, or agency management, 
     personnel, or public property, loans, grants, benefits, or 
     contracts;
       (iii) any agency action that the head of the agency and the 
     Administrator of the Office of Information and Regulatory 
     Affairs within the Office of Management and Budget certify in 
     writing is limited to a routine administrative function of 
     the agency;
       (iv) any agency action that--

       (I) is taken by an agency that supervises and regulates 
     insured depository institutions, affiliates of such 
     institutions, credit unions, or government sponsored housing 
     enterprises; and
       (II) the head of the agency certifies would meet the 
     standards for an exception or exclusion described in this 
     Act; or

       (v) any agency action that the head of the agency certifies 
     is limited to interpreting, implementing, or administering 
     the internal revenue laws of the United States.
       (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, corporation, or 
     financial structures or reorganizations thereof, prices, 
     facilities, appliances, services or allowances therefor, or 
     of valuations, costs, or accounting, or practices bearing on 
     any of the foregoing, nor does it include any action taken in 
     connection with the safety of aviation or any action taken in 
     connection with the implementation of monetary policy or to 
     ensure the safety and soundness of federally insured 
     depository institutions, any affiliate of such an 
     institution, credit unions, or government sponsored housing 
     enterprises or to protect the Federal deposit insurance 
     funds. Such term also does not include granting 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 
     (including any agency action which establishes, modifies, or 
     conducts a regulatory program for a recreational or 
     subsistence activity, including but not limited to hunting, 
     fishing, and camping, if a Federal law prohibits the 
     recreational or subsistence activity in the absence of the 
     agency action) or taking any action necessary to permit new 
     or improved applications of technology or allow the 
     manufacture, distribution, sale, or use of a substance or 
     product.
       (5) Rulemaking.--The term ``rulemaking'' means agency 
     process for formulating, amending, or repealing a rule.
       (6) License.--The term ``license'' means the whole or part 
     of an agency permit, certificate, approval, registration, 
     charter, membership, statutory exemption, or other form of 
     permission.
       (7) Imminent threat to health or safety.--The term 
     ``imminent threat to health or safety'' means the existence 
     of any condition, circumstance, or practice reasonably 
     expected to cause death, serious illness, or severe injury to 
     humans, or substantial endangerment to private property 
     during the moratorium period.

     SEC. 7. LIMITATION ON CIVIL ACTIONS.

       No private right of action may be brought against any 
     Federal agency for a violation of this Act. This prohibition 
     shall not affect any private right of action or remedy 
     otherwise available under any other law.

     SEC. 8. RELATIONSHIP TO OTHER LAW; 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. REGULATIONS TO AID BUSINESS COMPETITIVENESS.

       Section 3(a) or 4(a), or both, shall not apply to any of 
     the following regulatory rulemaking actions (or any such 
     action relating thereto):
       (1) Conditional release of textile imports.--A final rule 
     published on December 2, 1994 (59 Fed. Reg. 61798), to 
     provide for the conditional release by the Customs Service of 
     textile imports suspected of being imported in violation of 
     United States quotas.
       (2) Textile imports.--Any action which the head of the 
     relevant agency and the Administrator of the Office of 
     Information and Regulatory Affairs certify in writing is a 
     substantive rule, interpretive rule, statement of agency 
     policy, or notice of proposed rulemaking to interpret, 
     implement, or administer laws pertaining to the import of 
     textiles and apparel including section 334 of the Uruguay 
     Round Agreements Act (P.L. 103-465), relating to textile 
     rules of origin.
       (3) Customs modernization.--Any action which the head of 
     the relevant agency and the Administrator of the Office of 
     Information and Regulatory Affairs certify in writing is a 
     substantive rule, interpretive rule, statement of agency 
     policy, or notice of proposed rulemaking to interpret, 
     implement, or administer laws pertaining to the customs 
     modernization provisions contained in title VI of the North 
     American Free Trade Agreement Implementation Act (P.L. 103-
     182).
       (4) Actions with respect to china regarding intellectual 
     property protection and market access.--A regulatory 
     rulemaking action providing notice of a determination that 
     the People's Republic of China's failure to enforce 
     intellectual property rights and to provide market access is 
     unreasonable and constitutes a burden or restriction on 
     United States commerce, and a determination that trade action 
     is appropriate and that sanctions are appropriate, taken 
     under section 304(a)(1)(A)(ii), section 304(a)(1)(B), and 
     section 301(b) of the Trade Act of 1974 and with respect to 
     which a notice of determination was published on February 7, 
     1995 (60 Fed. Reg. 7230).
       (5) Transfer of spectrum.--A regulatory rulemaking action 
     by the Federal Communications Commission to transfer 50 
     megahertz of spectrum below 5 GHz from government use to 
     private use, taken under the Omnibus Budget Reconciliation 
     Act of 1993 and with respect to which notice of proposed 
     rulemaking was published at 59 Federal Register 59393.
       (6) Personal communications services licenses.--A 
     regulatory rulemaking action by the Federal Communications 
     Commission to establish criteria and procedures for issuing 
     licenses utilizing competitive bidding procedures to provide 
     personal communications services--
       (A) taken under section 309(j) of the Communications Act 
     and with respect to which a final rule was published on 
     December 7, 1994 (59 Fed. Reg. 63210); or
       (B) taken under sections 3(n) and 332 of the Communications 
     Act and with respect to which a final rule was published on 
     December 2, 1994 (59 Fed. Reg. 61828).
       (7) Wide-area specialized mobile radio licenses.--A 
     regulatory rulemaking action by the Federal Communications 
     Commission to provide for competitive bidding for wide-area 
     specialized mobile radio licenses, taken under section 309(j) 
     of the Communications Act and with respect to which a 
     proposed rule was published on February 14, 1995 (60 Fed. 
     Reg. 8341).
       (8) Improved trading opportunities for regional 
     exchanges.--A regulatory rulemaking action by the Securities 
     and Exchange Commission to provide for increased competition 
     among the stock exchanges, taken under the Unlisted Trading 
     Privileges Act of 1994 and with respect to which proposed 
     rulemaking was published on February 9, 1995 (60 Fed. Reg. 
     7718).

     SEC. 10. DELAYING EFFECTIVE DATE OF RULES WITH RESPECT TO 
                   SMALL BUSINESSES.

       (a) Delay Effectiveness.--For any rule resulting from a 
     regulatory rulemaking action that is suspended or prohibited 
     by this Act, the effective date of the rule with respect to 
     small businesses may not occur before six months after the 
     end of the moratorium period.
       (b) Small Business Defined.--In this section, the term 
     ``small business'' means any business with 100 or fewer 
     employees.

  Mr. WARNER. Mr. President, I move that the Senate disagree to the 
House amendment, request a conference on the disagreeing votes of the 
two Houses, and that the Chair be authorized to appoint conferees.
  The PRESIDING OFFICER. The motion was agreed to, and the Presiding 
Officer (Mr. Thomas) appointed Mr. Nickles, Mr. Stevens, Mr. Thompson, 
Mr. Grassley, Mr. Glenn, Mr. Levin, and Mr. Reid conferees on the part 
of the Senate.

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