[Congressional Record Volume 141, Number 114 (Friday, July 14, 1995)]
[Senate]
[Pages S10011-S10066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


       THE COMPREHENSIVE REGULATORY REFORM ACT OF 1995

                                 ______


                       HARKIN AMENDMENT NO. 1541

  (Ordered to lie on the table.)
  Mr. HARKIN submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill (S. 343) to reform 
the regulatory process, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.  . DIRECTIVE TO THE ADMINISTRATOR OF THE ENVIRONMENTAL 
                   PROTECTION AGENCY CONCERNING REGULATION OF 
                   FISHING LURES.

       (a) Findings.--Congress finds that--
       (1) millions of Americans of all ages enjoy recreational 
     fishing; fishing is one of the most popular sports;
       (2) lead and other types of metal sinkers and fishing lures 
     have been used by Americans for fishing for hundreds of 
     years;
       (3) the Administrator of the Environmental Protection 
     Agency has proposed to issue a rule under section 6 of the 
     Toxic Substances Control Act, to prohibit the manufacturing, 
     processing, and distribution in commerce in the United 
     States, of certain smaller size fishing sinkers containing 
     lead and zinc, and mixed with other substances, including 
     those made of brass;
       (4) the Environmental Protection Agency has based its 
     conclusions that lead fishing sinkers of a certain size 
     present an unreasonable risk of injury to human health or the 
     environment on less than definitive scientific data, 
     conjecture, and anecdotal information;
       (5) alternative forms of sinkers and fishing lures are 
     considerably more expensive than those made of lead; 
     consequently, a ban on lead sinkers would impose additional 
     costs on millions of Americans who fish;
       (6) in the absence of more definitive evidence of harm to 
     the environment, the Federal Government should not take steps 
     to restrict the use of lead sinkers; and
       (7) alternative measures to protect waterfowl from lead 
     exposure should be carefully reviewed.

[[Page S10012]]

       (b) Fishing Sinkers and Lures.--
       (1) Directive.--The Administrator of the Environmental 
     Protection Agency shall not, under purported authority of 
     section 6 of the Toxic Substances Control Act (15 U.S.C. 
     2605), take action to prohibit or otherwise restrict the 
     manufacturing, processing, distributing, or use of any 
     fishing sinkers or lures containing lead, zinc, or brass.
       (2) Further action.--If the Administrator obtains a 
     substantially greater amount of evidence of risk of injury to 
     health or the environment than the evidence that was adduced 
     in the rulemaking proceedings described in the proposed rule 
     dated February 28, 1994 (59 Fed. Reg. 11122 (March 9, 1994)), 
     the Administrator shall report those findings to Congress, 
     with any recommendation that the Administrator may have for 
     further action.
                                 ______


                 HARKIN (AND LUGAR) AMENDMENT NO. 1542

  (Ordered to lie on the table.)
  Mr. HARKIN (for himself and Mr. Lugar) submitted an amendment 
intended to be proposed by them to amendment No. 1487 proposed by Mr. 
Dole to the bill S. 343, supra; as follows:

  On page 96, between lines 20 and 21, insert the following:

     SEC.   . EDIBLE OIL REGULATORY REFORM.

       (a) Definitions.--In this section:
       (1) Animal fat.--The term ``animal fat'' means each type of 
     animal fat, oil, or grease (including fat, oil, or grease 
     from fish or a marine mammal), including any fat, oil, or 
     grease referred to in section 61(a)(2) of title 13, United 
     States Code.
       (2) Vegetable oil.--The term ``vegetable oil'' means each 
     type of vegetable oil (including vegetable oil from a seed, 
     nut, or kernel), including any vegetable oil referred to in 
     section 61(a)(1) of title 13, United States Code.
       (b) Differentiation Among Fats, Oils, and Greases.--
       (1) In general.--In issuing or enforcing a regulation, an 
     interpretation, or a guideline relating to a fat, oil, or 
     grease under a Federal law, the head of a Federal agency 
     shall--
       (A) differentiate between and establish separate categories 
     for--
       (i)(I) animal fats; and
       (II) vegetable oils; and
       (ii) other oils, including petroleum oil; and
       (B) apply different standards to different classes of fat 
     and oil as provided in paragraph (2).
       (2) Considerations.--In differentiating between the classes 
     of animal fats and vegetable oils referred to in paragraph 
     (1)(A)(i) and the classes of oils described in paragraph 
     (1)(A)(ii), the head of the Federal agency shall consider 
     differences in physical, chemical, biological, and other 
     properties, and in the effects on human health and the 
     environment, of the classes.
       (c) Financial Responsibility.--
       (1) Limits on liability.--Section 1004(a)(1) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended by 
     striking ``for a tank vessel,'' and inserting ``for a tank 
     vessel carrying oil in bulk as cargo or cargo residue (except 
     a tank vessel on which the only oil carried is an animal fat 
     or vegetable oil, as those terms are defined in section 2 of 
     the Edible Oil Regulatory Reform Act),''.
       (2) Financial responsibility.--The first sentence of 
     section 1016(a) of the Act (33 U.S.C. 2716(a)) is amended by 
     striking ``, in the case of a tank vessel, the responsible 
     party could be subject under section 1004(a)(1) or (d) of 
     this Act, or to which, in the case of any other vessel, the 
     responsible party could be subjected under section 1004(a)(2) 
     or (d)'' and inserting ``the responsible party could be 
     subjected under section 1004(a) or (d) of this Act''.
                                 ______


                       KENNEDY AMENDMENT NO. 1543

  Mr. KENNEDY proposed an amendment to amendment No. 1487 proposed by 
Mr. Dole to the bill S. 343, supra, as follows:

       On page 46, insert between lines 4 and 5 the following:

     ``Sec. 629A. Inapplicability to occupational safety and 
       health and mine safety and health regulations

       ``This subchapter shall not apply to any standard, 
     regulation, interpretive rule, guidance, or general statement 
     of policy relating to--
       ``(1) occupational safety and health; or
       ``(2) mine safety and health.
       On page 50, insert between lines 15 and 16 the following 
     new paragraph:
       ``(4) This subchapter shall not apply to any standard, 
     regulation, interpretive rule, guidance, or general statement 
     of policy relating to--
       ``(A) occupational safety and health; or
       ``(B) mine safety and health.
       On page 96, insert between lines 20 and 21 the following 
     new sections:

     SEC. ____. OCCUPATIONAL SAFETY AND HEALTH REGULATIONS.

       (a) Priority for Establishing Standards.--Section 6(g) of 
     the Occupational Safety and Health Act of 1970 (29 U.S.C. 
     655(g)) is amended--
       (1) by striking ``(g) In'' and inserting ``(g)(1) 
     Notwithstanding any provision of the Comprehensive Regulatory 
     Reform Act of 1995, in''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Notwithstanding any provision of the Comprehensive 
     Regulatory Reform Act of 1995, in determining the priority 
     for establishing standards relating to toxic materials or 
     harmful physical agents, the Secretary shall consider the 
     number of workers exposed to such materials or agents, the 
     nature and severity of potential impairment, and the 
     likelihood of such impairment.''.
       (b) Risk Assessments for Final Standard.--Section 6 of the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 655) is 
     amended by adding at the end the following new subsection:
       ``(h)(1) In promulgating any final occupational safety and 
     health regulation or standard, the Secretary shall publish in 
     the Federal Register--
       ``(A) an estimate, calculated with as much specificity as 
     practicable, of the risk to the health and safety of 
     employees addressed by such regulation or standard, the 
     affect of such regulation or standard on human health or the 
     environment, and the costs associated with the implementation 
     of, and compliance with, such regulation or standard;
       ``(B) a comparative analysis of the risk addressed by such 
     regulation or standard relative to other risks to which 
     employees are exposed; and
       ``(C) a certification that--
       ``(i) the estimate under subparagraph (A) and the analysis 
     under subparagraph (B) are--
       ``(I) based upon a scientific evaluation of the risk to the 
     health and safety of employees
      and to human health or the environment; and
       ``(II) supported by the best available scientific data;
       ``(ii) such regulation or standard will substantially 
     advance the purpose of protecting employee health and safety 
     or the environment against the specified identified risk; and
       ``(iii) such regulation or standard will produce benefits 
     to employee health and safety or the environment that will 
     justify the cost to the Federal Government and the public of 
     the implementation of and compliance with such regulation or 
     standard.
       ``(2) If the Secretary cannot make the certification 
     required under paragraph (1)(C), the Secretary shall--
       ``(A) notify the Congress concerning the reasons why such 
     certification cannot be made; and
       ``(B) publish a statement of such reasons with the final 
     regulation or standard.
       ``(3) Nothing in this subsection shall be construed to 
     grant a cause of action to any person.''.

     SEC.   . MINE SAFETY AND HEALTH REGULATIONS.

       The Federal Mine Safety and Health Act of 1977 (30 U.S.C. 
     801 et seq.) is amended by inserting after section 101 the 
     following new section:


                 ``risk assessments for final standards

       ``Sec. 101a. (a) In promulgating any final mine safety and 
     health regulation or standard, the Secretary shall publish in 
     the Federal Register--
       ``(1) an estimate, calculated with as much specificity as 
     practicable, of the risk to the health and safety of 
     employees addressed by such regulation or standard, the 
     affect of such regulation or standard on human health or the 
     environment, and the costs associated with the implementation 
     of, and compliance with, such regulation or standard;
       ``(2) a comparative analysis of the risk addressed by such 
     regulation or standard relative to other risks to which 
     employees are exposed; and
       ``(3) a certification that--
       ``(A) the estimate under paragraph (1) and the analysis 
     under paragraph (2) are--
       ``(i) based upon a scientific evaluation of the risk to the 
     health and safety of employees and to human health or the 
     environment; and
       ``(ii) supported by the best available scientific data;
       ``(B) such regulation or standard will substantially 
     advance the purpose of protecting employee health and safety 
     or the environment against the specified identified risk; and
       ``(C) such regulation or standard will produce benefits to 
     employee health and safety or the environment that will 
     justify the cost to the Federal Government and the public of 
     the implementation of and compliance with such regulation or 
     standard.
       ``(b) If the Secretary cannot make the certification 
     required under subsection (a)(3), the Secretary shall--
       ``(1) notify the Congress concerning the reasons why such 
     certification cannot be made; and
       ``(2) publish a statement of such reasons with the final 
     regulation or standard.
       ``(c) Nothing in this section shall be construed to grant a 
     cause of action to any person.''.
                                 ______


                      CAMPBELL AMENDMENT NO. 1544

  (Ordered to lie on the table.)
  Mr. CAMPBELL submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:

       On page 19, line 5, strike ``or''.
       On page 19, line 7, strike the period and insert ``; or''.

[[Page S10013]]

       On page 19, between lines 7 and 8, insert the following:
       ``(xiii) a rule that approves, in whole or in part, a plan 
     or program that provides for the implementation, maintenance, 
     or enforcement of Federal standards or requirements adopted 
     by an individual State.
                                 ______


                FEINGOLD (AND OTHERS) AMENDMENT NO. 1545

  (Ordered to lie on the table.)
  Mr. FEINGOLD (for himself, Mr. McCain, Mrs, Feinstein, Mr. Jeffords, 
Mr. Wellstone, Mr. Bradley, Mr Simon, Mr. Biden, Mr. Leahy, Mr. Akaka, 
and Mr. Graham) submitted an amendment to amendment No. 1487 proposed 
by Mr. Dole to the bill S. 343, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.   . CAMPAIGN FINANCE REFORM.

       (a) Findings.--The Congress finds that--
       (1) the current system of campaign finance has led to 
     public perceptions that political contributions and their 
     solicitation have unduly influenced the official conduct of 
     elected officials;
       (2) the failure to limit campaign expenditures in any way 
     has caused individuals elected to the United States Senate to 
     spend an increasing portion of their time in office raising 
     campaign funds, interfering with the ability of the Senate to 
     carry out its constitutional responsibilities;
       (3) the public faith and trust in Congress as an 
     institution has eroded to dangerously low levels and public 
     support for comprehensive congressional reforms in 
     overwhelming; and
       (4) reforming our election laws should be a high 
     legislative priority of the 104th Congress.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that as soon as possible before the conclusion of the 104th 
     Congress, the United States Senate should consider 
     comprehensive campaign finance reform legislation that will 
     increase the competitiveness and fairness of elections to the 
     United States Senate.
                                 ______


                       DORGAN AMENDMENT NO. 1546

  (Ordered to lie on the table.)
  Mr. DORGAN submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:

       On page 16, strike out lines 12 through 14.
                                 ______


                SIMON (AND WELLSTONE) AMENDMENT NO. 1547

  Mr. SIMON (for himself and Mr. Wellstone) proposed an amendment to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:

       On page 25, between lines 22 and 23, insert the following:
       ``(g) Exemption for the Protection of Children.--None of 
     the provisions of this subchapter shall apply to agency rules 
     or actions intended to protect children against poisoning, 
     including a rule--
       ``(1) relating to iron toxicity poisoning;
       ``(2) relating to lead poisoning from food products; or
       ``(3) promulgated under the Poison Prevention Packaging Act 
     of 1970 (15 U.S.C. 1471 et seq.).
       On page 49, line 21, strike ``or''.
       On page 50, line 2, strike the period at the end and insert 
     ``; or''.
       On page 50, between lines 2 and 3, insert the following:
       ``(F) a rule or agency action a purpose of which is to 
     protect children from poisoning, including a rule--
       ``(i) relating to iron toxicity poisoning;
       ``(ii) relating to lead poisoning from food products; or
       ``(iii) promulgated under the Poison Prevention Packaging 
     Act of 1970 (15 U.S.C. 1471 et seq.).
                                 ______


                       THOMAS AMENDMENT NO. 1548

  Mr. HATCH (for Mr. Thomas) proposed an amendment to amendment No. 
1487 proposed by Mr. Dole to the bill S. 343, supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . RENEWAL OF PERMITS FOR GRAZING ON NATIONAL FOREST 
                   LANDS.

       Notwithstanding any other law, at the request of an 
     applicant for renewal of a permit that has expired before, 
     on, or after the date of enactment of this Act for grazing on 
     land located in a unit of the National Forest System for 
     which a land and resource management plan under section 6 of 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1604) is in effect, if all action required 
     under the National Environmental Policy Act of 1969 with 
     respect to the land and resource management plan has been 
     taken, the Secretary of Agriculture shall reinstate, if 
     necessary, and extend the term of the permit until the date 
     on which the Secretary of Agriculture completes action on the 
     application, including action required under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (b) This section shall apply only to permits that were not 
     renewed solely because the action required under the National 
     Environmental Policy Act had not been completed.
                                 ______


                 SNOWE (AND OTHERS) AMENDMENT NO. 1549

  Mr. HATCH (for Ms. Snowe for herself, Mr. Kempthorne, Mr. Cohen, Mr. 
Leahy, and Mr. Lieberman) proposed an amendment to amendment No. 1487 
proposed by Mr. Dole to the bill S. 343, supra; as follows:

       At the appropriate place in the substitute amendment insert 
     the following new section:

     SEC.   . BOTTLED WATER STANDARDS.

       Section 410 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 349) is amended--
       (1) by striking ``Whenever'' and inserting ``(a) Except as 
     provided in subsection (b), whenever''; and
       (2) by adding at the end thereof the following new 
     subsection:
       ``(b)(1)(A) Not later than 180 days after the Administrator 
     of the Environmental Protection Agency promulgates a national 
     primary drinking water regulation for a contaminant under 
     section 1412 of the Public Health Service Act (42 U.S.C. 
     300g-1), the Secretary, after public notice and comment, 
     shall issue a regulation under this subsection for the 
     contaminant in bottled water or make a finding that the 
     regulation is not necessary to protect the public health 
     because the contaminant is contained in water in public water 
     systems (as defined under section 1401(4) of such Act (42 
     U.S.C. 300f(4))) but not in water used for bottled drinking 
     water.
       ``(B) In the case of contaminants for which national 
     primary drinking water regulations were promulgated under 
     section 1412 of the Public Health Service Act (42 U.S.C. 
     300g-1) before the date of enactment of the Comprehensive 
     Regulatory Reform Act of 1995, the Secretary shall issue the 
     regulation or publish the finding not later than 1 year after 
     such date of enactment.
       ``(2) The regulation shall include any monitoring 
     requirements that the Secretary determines appropriate for 
     bottled water.
       ``(3) The regulation shall require the following:
       ``(A) In the case of contaminants for which a maximum 
     contaminant level is established in a national primary 
     drinking water regulation under section 1412 of the Public 
     Health Service Act (42 U.S.C. 300g-1), the regulation under 
     this subsection shall establish a maximum contaminant level 
     for the contaminant in bottled water that is at least as 
     stringent as the maximum contaminant level provided in the 
     national primary drinking water regulation.
       ``(B) In the case of contaminants for which a treatment 
     technique is established in a national primary drinking water 
     regulation under section 1412 of the Public Health Service 
     Act (42 U.S.C. 300g-1), the regulation under this subsection 
     shall require that bottled water be subject to requirements 
     no less protective of the public health than those applicable 
     to water provided by public water systems using the treatment 
     technique required by the national primary drinking water 
     regulation.
       ``(4)(A) If the Secretary fails to establish a regulation 
     within the 180-day period described in paragraph (1)(A) or 
     the 1-year period described in paragraph (1)(B) (whichever is 
     applicable), the national primary drinking water regulation 
     described in subparagraph (A) or (B) of such paragraph 
     (whichever is applicable) shall be considered, as of the date 
     on which the Secretary is required to establish a regulation 
     under such paragraph, as the regulation applicable under this 
     subsection to bottled water.
       ``(B) Not later than 30 days after the end of the 180-day 
     period, or the 1-year period (whichever is applicable), 
     described in subparagraph (A) or (B) of paragraph (1), the 
     Secretary shall, with respect to a national primary drinking 
     water regulation that is considered applicable to bottled 
     water as provided in subparagraph (A), publish a notice in 
     the Federal Register that--
       ``(i) sets forth the requirements of the national primary 
     drinking water regulation, including monitoring requirements, 
     which shall be applicable to bottled water; and
       ``(ii) provides that--
       ``(I) in the case of a national primary drinking water 
     regulation promulgated after the date of enactment of the 
     Comprehensive Regulatory Reform Act of 1995, the requirements 
     shall take effect on the date on which the national primary 
     drinking water regulation for the contaminant takes effect 
     under section 1412 of the Public Health Service Act (42 
     U.S.C. 300g-1); or
       ``(II) in the case of a national primary drinking water 
     regulation promulgated before the date of enactment of the 
     Comprehensive Regulatory Reform Act of 1995, the requirements 
     shall take effect on the date that is 18 months after such 
     date of the enactment.''.
                                 ______


                        BROWN AMENDMENT NO. 1550

  Mr. BROWN proposed an amendment to amendment No. 1487 proposed by Mr. 
Dole to the bill S. 343, supra; as follows:

       At the appropriate place in the Dole substitute, No. 1487, 
     insert the following:

     SEC.  . EXECUTIVE PREEMPTION OF STATE LAW.

       (a) In General.--Chapter 5 of title 5, United States Code, 
     is amended by inserting after section 559 the following new 
     section:
     
[[Page S10014]]


     ``Sec. 560. Preemption of State law

       ``(a) No agency shall construe any authorization in a 
     statute for the issuance of regulations as authorizing 
     preemption of State law by rulemaking or other agency action, 
     unless--
       ``(1) the statute expressly authorizes issuance of 
     preemptive regulations;
       ``(2) there is clear and convincing evidence that the 
     Congress intended to delegate to the agency the authority to 
     issue regulations preempting State law; or
       ``(3) the agency concludes that the exercise of State 
     authority directly conflicts with the exercise of Federal 
     authority under the Federal statute.
       ``(b) Any regulatory preemption of State law shall be 
     narrowly tailored to achieve the objectives of the statute 
     pursuant to which the regulations are promulgated.
       ``(c) When an agency proposes to act through rulemaking or 
     other agency action to preempt State law, the agency shall 
     provide all affected States actual notice and an opportunity 
     for appropriate participation in the proceedings under 
     sections 553 and 554.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 5 of title 5, United States Code, is amended by 
     adding after the item for section 559 the following:

``560. Preemption of State law.''.

       (c) Application.--The amendments made by this section shall 
     apply to rulemaking initiated on or after the date of 
     enactment of this section.
                                 ______


             SHELBY (AND OTHERS) AMENDMENTS NOS. 1551-1552

  (Ordered to lie on the table.)
  Mr. SHELBY (for himself, Mr. Frist, Mrs. Hutchison, Mr. Lott, Mr. 
Helms, Mr. Cochran, and Mr. Grams) submitted an amendment intended to 
be proposed by them to amendment No. 1487 proposed by Mr. Dole to the 
bill S. 343, supra; as follows:

                           Amendment No. 1551

       At the appropriate place in the Dole substitute amendment 
     1487 add the following new section:

     SEC.  . SMALL BUSINESS REGULATORY BILL OF RIGHTS.

       (a) Short Title.--This section may be cited as the ``Small 
     Business Regulatory Bill of Rights Act''.
       (b) In General.--Chapter 5 of title 5, United States Code, 
     is amended by adding at the end the following new subchapter:

       ``SUBCHAPTER VI--SMALL BUSINESS REGULATORY BILL OF RIGHTS

     ``Sec. 597. Definition

       ``For purposes of this subchapter, the term `small 
     business' has the same meaning given such term in section 
     601(3).

     ``Sec. 597a. Rights of small businesses prior to enforcement 
       act

       ``Except as provided in section 597c, each agency shall 
     ensure that its regulatory enforcement program includes--
       ``(1) a no-fault compliance audit program in which no 
     penalties may be assessed against a small business upon 
     voluntary application by the business to the agency or a 
     licensed private sector business for a compliance audit;
       ``(2) a publicized, coherent compliance assistance program 
     available to regulated small businesses under the agency's 
     jurisdiction that provides technical and other compliance 
     related assistance to small businesses upon request of a 
     small business;
       ``(3) a method to enforce regulations in a uniform, 
     consistent, and nonarbitrary manner nationwide; and
       ``(4) an abatement period of not less than 60 days to allow 
     the small business to correct any violations before a penalty 
     is assessed.

     ``Sec. 597b. Rights after investigative or enforcement action

       ``Except as provided in section 597c, each small business 
     that has been found in violation of a regulation and was 
     subject to an enforcement action or penalty shall have the 
     right--
       ``(1) to be free from inspections for 180 days after the 
     date on which the small business obtains certification from 
     the agency that the small business is in compliance with the 
     regulation;
       ``(2) to have ability to pay factored into the assessment 
     of penalties through flexible payment plans with reduced 
     installments that reflect the business's long-term ability to 
     pay (taking into account cashflow and long-term 
     profitability); and
       ``(3) to not have fines paid be used to finance the 
     inspecting agency, but instead credited to the General 
     Treasury of the United States, to be used for reduction of 
     the Federal deficit.
     ``Sec. 597c. Exceptions and limitation

       ``(a) A provision of this subchapter shall not apply if 
     compliance with such provision of this subchapter would--
       ``(1) substantially delay responding to an imminent danger 
     to person or property;
       ``(2) substantially or unreasonably impede a criminal 
     investigation; or
       ``(3) enable any small business to knowingly disregard 
     applicable regulations, except a request for a non-fault 
     compliance audit shall not constitute prima facie evidence of 
     knowingly disregarding applicable regulations.
       ``(b) A small business shall not be entitled to the benefit 
     of a no-fault compliance audit program under section 597a(1) 
     regarding a particular enforcement issue for 60 days after 
     the business has had an agency-initiated contact regarding 
     such issue.
       ``(c) This subchapter shall not apply to any rule or 
     regulation described under section 621(9)(B)(i).''.
       (c) Technical Amendment.--The analysis for chapter 5 of 
     title 5, United States Code, is amended by adding at the end 
     the following:

       ``SUBCHAPTER VI--SMALL BUSINESS REGULATORY BILL OF RIGHTS

``Sec.
``597. Definition.
``597a. Rights of small businesses prior to enforcement action.
``597b. Rights after investigative or enforcement action.
``597c. Exceptions and limitation.''.

       (d) Reports to Congress.--The Director of the Office of 
     Management and Budget shall submit an annual report to 
     Congress on the progress of the agencies in complying with 
     this Act and the amendments made by this Act.
                                                                    ____


                           Amendment No. 1552

       At the appropriate place in the Dole Substitute 1487 add 
     the following new section:

     SEC.  . SMALL BUSINESS REGULATORY BILL OF RIGHTS.

       (a) Short Title.--This section may be cited as the ``Small 
     Business Regulatory Bill of Rights Act''.
       (b) In General.--Chapter 5 of title 5, United States Code, 
     is amended by adding at the end the following new subchapter:

       ``SUBCHAPTER VI--SMALL BUSINESS REGULATORY BILL OF RIGHTS

     ``Sec. 597. Definition

       ``For purposes of this subchapter, the term `small 
     business' has the same meaning given such term in section 
     601(3).

     ``Sec. 597a. Rights of small businesses prior to enforcement 
       action

       ``(a) Except as provided in section 597c, each agency shall 
     ensure that its regulatory enforcement program includes--
       ``(1) implementation of a no-fault compliance audit 
     program;
       ``(2) a publicized, coherent compliance assistance program 
     available to regulated small businesses under the agency's 
     jurisdiction that provides technical and other compliance 
     related assistance to small businesses upon request of a 
     small business;
       ``(3) a method to enforce regulations in a uniform, 
     consistent, and nonarbitrary manner nationwide;
       ``(4) an abatement period of not less than 60 days to allow 
     the small business to correct any violations before a penalty 
     is assessed; and
       ``(5) a grace period of not less than 180 days to allow the 
     small business to correct any violation discovered through 
     participation in the programs created under paragraph (1) or 
     (2).
       ``(b) No penalties or enforcement actions will be assessed 
     or taken if such violations are corrected during the grace 
     period described under subsection (a)(5), so long as the 
     business has not engaged in a pattern of intentional 
     misconduct.

     ``Sec. 597b. Rights after investigative or enforcement action

       ``Except as provided in section 597c, each small business 
     that has been found in violation of a regulation and was 
     subject to an enforcement action or penalty shall have the 
     right--
       ``(1) to be free from inspections for 180 days after the 
     date on which the small business obtains certification from 
     the agency that the small business is in compliance with the 
     regulation;
       ``(2) to have ability to pay factored into the assessment 
     of penalties through flexible payment plans with reduced 
     installments that reflect the business's long-term ability to 
     pay (taking into account cash-flow and long-term 
     profitability); and
       ``(3) to not have fines paid be used to finance the 
     inspecting agency, but instead credited to the General 
     Treasury of the United States, to be used for reduction of 
     the Federal deficit.

     ``Sec. 597c. Exceptions and limitation

       ``(a) A provision of this subchapter shall not apply if 
     compliance with such provision of this subchapter would--
       ``(1) substantially delay responding to an imminent danger 
     to person or property;
       ``(2) substantially or unreasonably impede a criminal 
     investigation; or
       ``(3) enable any small business to knowingly disregard 
     applicable regulations, except a request for a no-fault 
     compliance audit shall not constitute prima facie evidence of 
     knowingly disregarding applicable regulations.
       ``(b) A small business shall not be entitled to the benefit 
     of a no-fault compliance audit program under section 597a(1) 
     regarding a particular enforcement issue for 60 days after 
     the business has had an agency-initiated contact regarding 
     such issue.
       ``(c) This subchapter shall not apply to any rule or 
     regulation described under section 621(9)(B)(i).''.
       (c) Technical Amendment.--The analysis for chapter 5 of 
     title 5, United States Code, is amended by adding at the end 
     the following:

       ``SUBCHAPTER VI--SMALL BUSINESS REGULATORY BILL OF RIGHTS

``Sec.
``597. Definition.
``597a. Rights of small businesses prior to enforcement action.

[[Page S10015]]

``597b. Rights after investigative or enforcement action.
``597c. Exceptions and limitation.''.

       (d) Responsibilities of the Director of the Office of 
     Management and Budget.--
       (1) Coordination.--The Director of the Office of Management 
     and Budget shall coordinate the implementation of this 
     section and establish a schedule for bringing all affected 
     agencies into full compliance by the effective date of this 
     section. Agencies may be brought into partial compliance 
     before such date.
       (2) Report.--The Director of the Office of Management and 
     Budget shall submit an annual report to Congress on the 
     progress of the agencies in complying with this section and 
     the amendments made by this section.
       (e) Effective Date.--This section shall take effect on the 
     earlier of the date designated by the President or January 1, 
     1998.
                                 ______


                       HEFLIN AMENDMENT NO. 1553

  (Ordered to lie on the table.)
  Mr. HEFLIN submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:

       On page 76, insert immediately before line 10 the 
     following:
       (c) Court of Federal Claims.--Section 1491(a) of title 28, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(4) In proceedings within the jurisdiction of the Court 
     of Federal Claims which constitute judicial review of agency 
     action (rather than de novo proceedings), the provisions of 
     section 706 of title 5 shall apply.''.
                                 ______


                    HATCH AMENDMENTS NOS. 1554-1555

  (Ordered to lie on the table.)
  Mr. HATCH submitted two amendments intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:
                           Amendment No. 1554

       In lieu of the language to be proposed, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive Regulatory 
     Reform Act of 1995''.

     SEC. 2. DEFINITIONS.

       Section 551 of title 5, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``this subchapter'' and inserting ``this chapter and chapters 
     7 and 8'';
       (2) in paragraph (13), by striking ``and'';
       (3) in paragraph (14), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following new paragraph:
       ``(15) `Director' means the Director of the Office of 
     Management and Budget.''.

     SEC. 3. RULEMAKING.

       Section 553 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 553. Rulemaking

       ``(a) Applicability.--This section applies to every 
     rulemaking, according to the provisions thereof, except to 
     the extent that there is involved--
       ``(1) a matter pertaining to a military or foreign affairs 
     function of the United States;
       ``(2) a matter relating to the management or personnel 
     practices of an agency;
       ``(3) an interpretive rule, general statement of policy, 
     guidance, or rule of agency organization, procedure, or 
     practice, unless such rule, statement, or guidance has 
     general applicability and substantially alters or creates 
     rights or obligations of persons outside the agency; or
       ``(4) a rule relating to the acquisition, management, or 
     disposal by an agency of real or personal property, or of 
     services, that is promulgated in compliance with otherwise 
     applicable criteria and procedures.
       ``(b) Notice of Proposed Rulemaking.--General notice of 
     proposed rulemaking shall be published in the Federal 
     Register, unless all persons subject thereto are named and 
     either personally served or otherwise have actual notice of 
     the proposed rulemaking in accordance with law. Each notice 
     of proposed rulemaking shall include--
       ``(1) a statement of the time, place, and nature of public 
     rulemaking proceedings;
       ``(2) a succinct explanation of the need for and specific 
     objectives of the proposed rule, including an explanation of 
     the agency's determination of whether or not the rule is a 
     major rule within the meaning of section 621(5);
       ``(3) a succinct explanation of the specific statutory 
     basis for the proposed rule, including an explanation of--
       ``(A) whether the interpretation is clearly required by the 
     text of the statute; or
       ``(B) if the interpretation is not clearly required by the 
     text of the statute, an explanation that the interpretation 
     is within the range of permissible interpretations of the 
     statute as identified by the agency, and an explanation why 
     the interpretation selected by the agency is the agency's 
     preferred interpretation;
       ``(4) the terms or substance of the proposed rule;
       ``(5) a summary of any initial analysis of the proposed 
     rule required to be prepared or issued pursuant to chapter 6;
       ``(6) a statement that the agency seeks proposals from the 
     public and from State and local governments for alternative 
     methods to accomplish the objectives of the rulemaking that 
     are more effective or less burdensome than the approach used 
     in the proposed rule; and
       ``(7) a statement specifying where the file of the 
     rulemaking proceeding maintained pursuant to subsection (j) 
     may be inspected and how copies of the items in the file may 
     be obtained.
       ``(c) Period for Comment.--The agency shall give interested 
     persons not less than 60 days after providing the notice 
     required by subsection (b) to participate in the rulemaking 
     through the submission of written data, views, or arguments.
       ``(d) Good Cause Exception.--Unless notice or hearing is 
     required by statute, a final rule may be adopted and may 
     become effective without prior compliance with subsections 
     (b) and (c) and (e) through (g) if the agency for good cause 
     finds that providing notice and public procedure thereon 
     before the rule becomes effective is impracticable, 
     unnecessary, or contrary to the public interest. If a rule is 
     adopted under this subsection, the agency shall publish the 
     rule in the Federal Register with the finding and a succinct 
     explanation of the reasons therefor.
       ``(e) Procedural Flexibility.--To collect relevant 
     information, and to identify and elicit full and 
     representative public comment on the significant issues of a 
     particular rulemaking, the agency may use such other 
     procedures as the agency determines are appropriate, 
     including--
       ``(1) the publication of an advance notice of proposed 
     rulemaking;
       ``(2) the provision of notice, in forms which are more 
     direct than notice published in the Federal Register, to 
     persons who would be substantially affected by the proposed 
     rule but who are unlikely to receive notice of the proposed 
     rulemaking through the Federal Register;
       ``(3) the provision of opportunities for oral presentation 
     of data, views, information, or rebuttal arguments at 
     informal public hearings, meetings, and round table 
     discussions, which may be held in the District of Columbia 
     and other locations;
       ``(4) the establishment of reasonable procedures to 
     regulate the course of informal public hearings, meetings and 
     round table discussions, including the designation of 
     representatives to make oral presentations or engage in 
     direct or cross-examination on behalf of several parties with 
     a common interest in a rulemaking, and the provision of 
     transcripts, summaries, or other records of all such public 
     hearings and summaries of meetings and round table 
     discussions;
       ``(5) the provision of summaries, explanatory materials, or 
     other technical information in response to public inquiries 
     concerning the issues involved in the rulemaking; and
       ``(6) the adoption or modification of agency procedural 
     rules to reduce the cost or complexity of the procedural 
     rules.
       ``(f) Planned Final Rule.--If the provisions of a final 
     rule that an agency plans to adopt are so different from the 
     provisions of the original notice of proposed rulemaking that 
     the original notice did not fairly apprise the public of the 
     issues ultimately to be resolved in the rulemaking or of the 
     substance of the rule, the agency shall publish in the 
     Federal Register a notice of the final rule the agency plans 
     to adopt, together with the information relevant to such rule 
     that is required by the applicable provisions of this section 
     and that has not previously been published in the Federal 
     Register. The agency shall allow a reasonable period for 
     comment on such planned final rule prior to its adoption.
       ``(g) Statement of Basis and Purpose.--An agency shall 
     publish each final rule it adopts in the Federal Register, 
     together with a concise statement of the basis and purpose of 
     the rule and a statement of when the rule may become 
     effective. The statement of basis and purpose shall include--
       ``(1) an explanation of the need for, objectives of, and 
     specific statutory authority for, the rule;
       ``(2) a discussion of, and response to, any significant 
     factual or legal issues presented by the rule, or raised by 
     the comments on the proposed rule, including a description of 
     the reasonable alternatives to the rule proposed by the 
     agency and by interested persons, and the reasons why such 
     alternatives were rejected;
       ``(3) a succinct explanation of whether the specific 
     statutory basis for the rule is expressly required by the 
     text of the statute, or if the specific statutory 
     interpretation upon which the rule is based is not expressly 
     required by the text of the statute, an explanation that the 
     interpretation is within the range of permissible 
     interpretations of the statute as identified by the agency, 
     and why the agency has rejected other interpretations 
     proposed in comments to the agency;
       ``(4) an explanation of how the factual conclusions upon 
     which the rule is based are substantially supported in the 
     rulemaking file; and
       ``(5) a summary of any final analysis of the rule required 
     to be prepared or issued pursuant to chapter 6.
       ``(h) Nonapplicability.--In the case of a rule that is 
     required by statute to be made on the record after 
     opportunity for an agency hearing, sections 556 and 557 shall 
     apply in lieu of subsections (c), (e), (f), and (g).
       ``(i) Effective Date.--An agency shall publish the final 
     rule in the Federal Register 

[[Page S10016]]
     not later than 60 days before the effective date of such rule. An 
     agency may make a rule effective in less than 60 days after 
     publication in the Federal Register if the rule grants or 
     recognizes an exemption, relieves a restriction, or if the 
     agency for good cause finds that such a delay in the 
     effective date would be contrary to the public interest and 
     publishes such finding and an explanation of the reasons 
     therefor, with the final rule.
       ``(j) Rulemaking File.--(1) The agency shall maintain a 
     file for each rulemaking proceeding conducted pursuant to 
     this section and shall maintain a current index to such file.
       ``(2) Except as provided in subsection (k), the file shall 
     be made available to the public not later than the date on 
     which the agency makes an initial publication concerning the 
     rule.
       ``(3) The rulemaking file shall include--
       ``(A) the notice of proposed rulemaking, any supplement to, 
     or modification or revision of, such notice, and any advance 
     notice of proposed rulemaking;
       ``(B) copies of all written comments received on the 
     proposed rule;
       ``(C) a transcript, summary, or other record of any public 
     hearing conducted on the rulemaking;
       ``(D) copies, or an identification of the place at which 
     copies may be obtained, of factual and methodological 
     material that pertains directly to the rulemaking and that 
     was considered by the agency in connection with the 
     rulemaking, or that was submitted to or prepared by or for 
     the agency in connection with the rulemaking; and
       ``(E) any statement, description, analysis, or other 
     material that the agency is required to prepare or issue in 
     connection with the rulemaking, including any analysis 
     prepared or issued pursuant to chapter 6.

     The agency shall place each of the foregoing materials in the 
     file as soon as practicable after each such material becomes 
     available to the agency.
       ``(k) Confidential Treatment.--The file required by 
     subsection (j) need not include any material described in 
     section 552(b) if the agency includes in the file a statement 
     that notes the existence of such material and the basis upon 
     which the material is exempt from public disclosure under 
     such section. The agency may not substantially rely on any 
     such material in formulating a rule unless it makes the 
     substance of such material available for adequate comment by 
     interested persons. The agency may use summaries, 
     aggregations of data, or other appropriate mechanisms to 
     protect the confidentiality of such material to the maximum 
     extent possible.
       ``(l) Rulemaking Petition.--(1) Each agency shall give an 
     interested person the right to petition--
       ``(A) for the issuance, amendment, or repeal of a rule;
       ``(B) for the amendment or repeal of an interpretive rule 
     or general statement of policy or guidance; and
       ``(C) for an interpretation regarding the meaning of a 
     rule, interpretive rule, general statement of policy, or 
     guidance.
       ``(2) The agency shall grant or deny a petition made 
     pursuant to paragraph (1), and give written notice of its 
     determination to the petitioner, with reasonable promptness, 
     but in no event later than 18 months after the petition was 
     received by the agency.
       ``(3) The written notice of the agency's determination 
     shall include an explanation of the determination and a 
     response to each significant factual and legal claim that 
     forms the basis of the petition.
       ``(m) Judicial Review.--(1) The decision of an agency to 
     use or not to use procedures in a rulemaking under subsection 
     (e) shall not be subject to judicial review.
       ``(2) The rulemaking file required under subsection (j) 
     shall constitute the rulemaking record for purposes of 
     judicial review.
       ``(3) No court shall hold unlawful or set aside an agency 
     rule based on a violation of subsection (j), unless the court 
     finds that such violation has precluded fair public 
     consideration of a material issue of the rulemaking taken as 
     a whole.
       ``(4)(A) Judicial review of compliance or noncompliance 
     with subsection (j) shall be limited to review of action or 
     inaction on the part of an agency.
       ``(B) A decision by an agency to deny a petition under 
     subsection (l) shall be subject to judicial review 
     immediately upon denial, as final agency action under the 
     statute granting the agency authority to carry out its 
     action.
       ``(n) Construction.--(1) Notwithstanding any other 
     provision of law, this section shall apply to and supplement 
     the procedures governing informal rulemaking under statutes 
     that are not generally subject to this section.
       ``(2) Nothing in this section authorizes the use of 
     appropriated funds available to any agency to pay the 
     attorney's fees or other expenses of persons intervening in 
     agency proceedings.''.

     SEC. 4. ANALYSIS OF AGENCY RULES.

       (a) In General.--Chapter 6 of title 5, United States Code, 
     is amended by adding at the end the following:

               ``SUBCHAPTER II--ANALYSIS OF AGENCY RULES

     ``Sec. 621. Definitions

       ``For purposes of this subchapter--
       ``(1) except as otherwise provided, the definitions under 
     section 551 shall apply to this subchapter;
       ``(2) the term `benefit' means the reasonably identifiable 
     significant favorable effects, quantifiable and 
     nonquantifiable, including social, environmental, health, and 
     economic effects, that are expected to result directly or 
     indirectly from implementation of a rule or other agency 
     action;
       ``(3) the term `cost' means the reasonably identifiable 
     significant adverse effects, quantifiable and 
     nonquantifiable, including social, environmental, health, and 
     economic effects that are expected to result directly or 
     indirectly from implementation of a rule or other agency 
     action;
       ``(4) the term `cost-benefit analysis' means an evaluation 
     of the costs and benefits of a rule, quantified to the extent 
     feasible and appropriate and otherwise qualitatively 
     described, that is prepared in accordance with the 
     requirements of this subchapter at the level of detail 
     appropriate and practicable for reasoned decisionmaking on 
     the matter involved, taking into consideration the 
     significance and complexity of the decision and any need for 
     expedition;
       ``(5) the term `major rule' means--
       ``(A) a rule or set of closely related rules that the 
     agency proposing the rule, the Director, or a designee of the 
     President determines is likely to have a gross annual effect 
     on the economy of $50,000,000 or more in reasonably 
     quantifiable increased costs; or
       ``(B) a rule that is otherwise designated a major rule by 
     the agency proposing the rule, the Director, or a designee of 
     the President (and a designation or failure to designate 
     under this clause shall not be subject to judicial review);
       ``(6) the term `market-based mechanism' means a regulatory 
     program that--
       ``(A) imposes legal accountability for the achievement of 
     an explicit regulatory objective on each regulated person;
       ``(B) affords maximum flexibility to each regulated person 
     in complying with mandatory regulatory objectives, which 
     flexibility shall, where feasible and appropriate, include, 
     but not be limited to, the opportunity to transfer to, or 
     receive from, other persons, including for cash or other 
     legal consideration, increments of compliance responsibility 
     established by the program; and
       ``(C) permits regulated persons to respond to changes in 
     general economic conditions and in economic circumstances 
     directly pertinent to the regulatory program without 
     affecting the achievement of the program's explicit 
     regulatory mandates;
       ``(7) the term `performance-based standards' means 
     requirements, expressed in terms of outcomes or goals rather 
     than mandatory means of achieving outcomes or goals, that 
     permit the regulated entity discretion to determine how best 
     to meet specific requirements in particular circumstances;
       ``(8) the term `reasonable alternatives' means the range of 
     reasonable regulatory options that the agency has authority 
     to consider under the statute granting rulemaking authority, 
     including flexible regulatory options of the type described 
     in section 622(c)(2)(C)(iii), unless precluded by the statute 
     granting the rulemaking authority; and
       ``(9) the term `rule' has the same meaning as in section 
     551(4), and--
       ``(A) includes any statement of general applicability that 
     substantially alters or creates rights or obligations of 
     persons outside the agency; and
       ``(B) does not include--
       ``(i) a rule that involves the internal revenue laws of the 
     United States, or the assessment and collection of taxes, 
     duties, or other revenues or receipts;
       ``(ii) a rule or agency action that implements an 
     international trade agreement to which the United States is a 
     party;
       ``(iii) a rule or agency action that authorizes the 
     introduction into commerce, or recognizes the marketable 
     status, of a product;
       ``(iv) a rule exempt from notice and public procedure under 
     section 553(a);
       ``(v) a rule or agency action relating to the public debt;
       ``(vi) a rule required to be promulgated at least annually 
     pursuant to statute, or that provides relief, in whole or in 
     part, from a statutory prohibition, other than a rule 
     promulgated pursuant to subtitle C of title II of the Solid 
     Waste Disposal Act (42 U.S.C. 6921 et seq.);
       ``(vii) a rule of particular applicability that approves or 
     prescribes the future rates, wages, prices, services, 
     corporate or financial structures, reorganizations, mergers, 
     acquisitions, accounting practices, or disclosures bearing on 
     any of the foregoing;
       ``(viii) a rule relating to monetary policy or to the 
     safety or soundness of federally insured depository 
     institutions or any affiliate of such an institution (as 
     defined in section 2(k) of the Bank Holding Company Act of 
     1956 (12 U.S.C. 1841(k))), credit unions, Federal Home Loan 
     Banks, government sponsored housing enterprises, farm credit 
     institutions, foreign banks that operate in the United States 
     and their affiliates, branches, agencies, commercial lending 
     companies, or representative offices, (as those terms are 
     defined in section 1 of the International Banking Act of 1978 
     (12 U.S.C. 3101));
       ``(ix) a rule relating to the payment system or the 
     protection of deposit insurance funds or the farm credit 
     insurance fund;
       ``(x) any order issued in a rate or certificate proceeding 
     by the Federal Energy Regulatory Commission, or a rule of 
     general applicability that the Federal Energy Regulatory 
     Commission certifies would increase 

[[Page S10017]]
     reliance on competitive market forces or reduce regulatory burdens;
       ``(xi) a rule or order relating to the financial 
     responsibility of brokers and dealers or futures commission 
     merchants, the safeguarding of investor securities and funds 
     or commodity future or options customer securities and funds, 
     the clearance and settlement of securities, futures, or 
     options transactions, or the suspension of trading under the 
     Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or 
     emergency action taken under the Commodity Exchange Act (7 
     U.S.C. 1 et seq.), or a rule relating to the protection of 
     the Securities Investor Protection Corporation, that is 
     promulgated under the Securities Investor Protection Act of 
     1970 (15 U.S.C. 78aaa et seq.); or
       ``(xii) a rule that involves the international trade laws 
     of the United States.
     ``Sec. 622. Rulemaking cost-benefit analysis

       ``(a) Determinations for Major Rule.--Prior to publishing a 
     notice of proposed rulemaking for any rule (or, in the case 
     of a notice of proposed rulemaking that has been published 
     but not issued as a final rule on or before the date of 
     enactment of this subchapter, not later than 30 days after 
     such date of enactment), each agency shall determine--
       ``(1) whether the rule is or is not a major rule within the 
     meaning of section 621(5)(A)(i) and, if it is not, whether it 
     should be designated as a major rule under section 621(5)(B); 
     and
       ``(2) if the agency determines that the rule is a major 
     rule, or otherwise designates it as a major rule, whether the 
     rule requires or does not require the preparation of a risk 
     assessment under section 632(a).
       ``(b) Designation.--(1) If an agency has determined that a 
     rule is not a major rule within the meaning of section 
     621(5)(A) and has not designated the rule as a major rule 
     within the meaning of section 621(5)(B), the Director or a 
     designee of the President may, as appropriate, determine that 
     the rule is a major rule or designate the rule as a major 
     rule not later than 30 days after the publication of the 
     notice of proposed rulemaking for the rule (or, in the case 
     of a notice of proposed rulemaking that has been published on 
     or before the date of enactment of this subchapter, not later 
     than 1 year after such date of enactment).
       ``(2) Such determination or designation shall be published 
     in the Federal Register, together with a succinct statement 
     of the basis for the determination or designation.
       ``(c) Initial Cost-Benefit Analysis.--(1)(A) When the 
     agency publishes a notice of proposed rulemaking for a major 
     rule, the agency shall issue and place in the rulemaking file 
     an initial cost-benefit analysis, and shall include a summary 
     of such analysis in the notice of proposed rulemaking.
       ``(B)(i) When an agency, the Director, or a designee of the 
     President has published a determination or designation that a 
     rule is a major rule after the publication of the notice of 
     proposed rulemaking for the rule, the agency shall promptly 
     issue and place in the rulemaking file an initial cost-
     benefit analysis for the rule and shall publish in the 
     Federal Register a summary of such analysis.
       ``(ii) Following the issuance of an initial cost-benefit 
     analysis under clause (i), the agency shall give interested 
     persons an opportunity to comment in the same manner as if 
     the initial cost-benefit analysis had been issued with the 
     notice of proposed rulemaking.
       ``(2) Each initial cost-benefit analysis shall contain--
       ``(A) a succinct analysis of the benefits of the proposed 
     rule, including any beneficial effects that cannot be 
     quantified, and an explanation of how the agency anticipates 
     such benefits will be achieved by the proposed rule, 
     including a description of the persons or classes of persons 
     likely to receive such benefits;
       ``(B) a succinct analysis of the costs of the proposed 
     rule, including any costs that cannot be quantified, and an 
     explanation of how the agency anticipates such costs will 
     result from the proposed rule, including a description of the 
     persons or classes of persons likely to bear such costs;
       ``(C) a succinct description (including an analysis of the 
     costs and benefits) of reasonable alternatives for achieving 
     the objectives of the statute, including, where such 
     alternatives exist, alternatives that--
       ``(i) require no government action, where the agency has 
     discretion under the statute granting the rulemaking 
     authority not to promulgate a rule;
       ``(ii) will accommodate differences among geographic 
     regions and among persons with differing levels of resources 
     with which to comply;
       ``(iii) employ performance-based standards, market-based 
     mechanisms, or other flexible regulatory options that permit 
     the greatest flexibility in achieving the regulatory result 
     that the statutory provision authorizing the rule is designed 
     to produce; or
       ``(iv) employ voluntary standards;
       ``(D) in any case in which the proposed rule is based on 
     one or more scientific evaluations, scientific information, 
     or a risk assessment, or is subject to the risk assessment 
     requirements of subchapter III, a description of the actions 
     undertaken by the agency to verify the quality, reliability, 
     and relevance of such scientific evaluation, scientific 
     information, or risk assessment; and
       ``(E) an explanation of how the proposed rule is likely to 
     meet the decisional criteria of section 624.
       ``(d) Final Cost-Benefit Analysis.--(1) When the agency 
     publishes a final major rule, the agency shall also issue and 
     place in the rulemaking file a final cost-benefit analysis, 
     and shall include a summary of the analysis in the statement 
     of basis and purpose.
       ``(2) Each final cost-benefit analysis shall contain--
       ``(A) a description and comparison of the benefits and 
     costs of the rule and of the reasonable alternatives to the 
     rule described in the rulemaking record, including flexible 
     regulatory options of the type described in subsection 
     (c)(2)(C)(iii), and a description of the persons likely to 
     receive such benefits and bear such costs; and
       ``(B) an analysis, based upon the rulemaking record 
     considered as a whole, of how the rule meets the decisional 
     criteria in section 624.
       ``(3) In considering the benefits and costs, the agency, 
     when appropriate, shall consider the benefits and costs 
     incurred by all of the affected persons or classes of persons 
     (including specially affected subgroups).
       ``(e) Requirements for Cost-Benefit Analyses.--(1)(A) The 
     description of the benefits and costs of a proposed and a 
     final rule required under this section shall include, to the 
     extent feasible, a quantification or numerical estimate of 
     the quantifiable benefits and costs.
       ``(B) The quantification or numerical estimate shall--
       ``(i) be made in the most appropriate unit of measurement, 
     using comparable assumptions, including time periods;
       ``(ii) specify the ranges of predictions; and
       ``(iii) explain the margins of error involved in the 
     quantification methods and the uncertainties and 
     variabilities in the estimates used.
       ``(C) An agency shall describe the nature and extent of the 
     nonquantifiable benefits and costs of a final rule pursuant 
     to this section in as precise and succinct a manner as 
     possible.
       ``(D) The agency evaluation of the relationship of benefits 
     to costs shall be clearly articulated.
       ``(E) An agency shall not be required to make such 
     evaluation primarily on a mathematical or numerical basis.
       ``(F) Nothing in this subsection shall be construed to 
     expand agency authority beyond the delegated authority 
     arising from the statute granting the rulemaking authority.
       ``(2) Where practicable and when understanding industry-by-
     industry effects is of central importance to a rulemaking, 
     the description of the benefits and costs of a proposed and 
     final rule required under this section shall describe such 
     benefits and costs on an industry by industry basis.
       ``(f) Health, Safety, or Emergency Exemption From Cost-
     Benefit Analysis.--(1) A major rule may be adopted and may 
     become effective without prior compliance with this 
     subchapter if--
       ``(A) the agency for good cause finds that conducting cost-
     benefit analysis is impracticable due to an emergency or 
     health or safety threat that is likely to result in 
     significant harm to the public or natural resources; and
       ``(B) the agency publishes in the Federal Register, 
     together with such finding, a succinct statement of the basis 
     for the finding.
       ``(2) Not later than 180 days after the promulgation of a 
     final major rule to which this section applies, the agency 
     shall comply with the provisions of this subchapter and, as 
     thereafter necessary, revise the rule.
     ``Sec. 623. Agency regulatory review

       ``(a) Preliminary Schedule for Rules.--(1) Not later than 1 
     year after the date of the enactment of this section, and 
     every 5 years thereafter, the head of each agency shall 
     publish in the Federal Register a notice of proposed 
     rulemaking under section 553 that contains a preliminary 
     schedule of rules selected for review under this section by 
     the head of the agency and in the sole discretion of the head 
     of the agency, and request public comment thereon, including 
     suggestions for additional rules warranting review. The 
     agency shall allow at least 180 days for public comment.
       ``(2) In selecting rules for the preliminary schedule, the 
     head of the agency shall consider the extent to which, in the 
     judgment of the head of the agency--
       ``(A) a rule is unnecessary, and the agency has discretion 
     under the statute authorizing the rule to repeal the rule;
       ``(B) a rule would not meet the decisional criteria of 
     section 624, and the agency has discretion under the statute 
     authorizing the rule to repeal the rule; or
       ``(C) a rule could be revised in a manner allowed by the 
     statute authorizing the rule so as to--
       ``(i) substantially decrease costs;
       ``(ii) substantially increase benefits; or
       ``(iii) provide greater flexibility for regulated entities, 
     through mechanisms including, but not limited to, those 
     listed in section 622(c)(2)(C)(iii).
       ``(3) The preliminary schedule under this subsection shall 
     propose deadlines for review of each rule listed thereon, and 
     such deadlines shall occur not later than 11 years from the 
     date of publication of the preliminary schedule.
       ``(4) Any interpretive rule, general statement of policy, 
     or guidance that has the force and effect of a rule under 
     section 621(9) shall be treated as a rule for purposes of 
     this section.

[[Page S10018]]

       ``(b) Schedule.--(1) Not later than 1 year after 
     publication of a preliminary schedule under subsection (a), 
     and subject to subsection (c), the head of each agency shall 
     publish a final rule that establishes a schedule of rules to 
     be reviewed by the agency under this section.
       ``(2) The schedule shall establish a deadline for 
     completion of the review of each rule listed on the schedule, 
     taking into account the criteria in subsection (d) and 
     comments received in the rulemaking under subsection (a). 
     Each such deadline shall occur not later than 11 years from 
     the date of publication of the preliminary schedule.
       ``(3) The schedule shall contain, at a minimum, all rules 
     listed on the preliminary schedule.
       ``(4) The head of the agency shall modify the agency's 
     schedule under this section to reflect any change ordered by 
     the court under subsection (e) or subsection (g)(3) or 
     contained in an appropriations Act under subsection (f).
       ``(c) Petitions and Comments Proposing Addition of Rules to 
     the Schedule.--(1) Notwithstanding section 553(l), a petition 
     to amend or repeal a major rule or an interpretative rule, 
     general statement of policy, or guidance on grounds arising 
     under this subchapter may only be filed during the 180-day 
     comment period under subsection (a) and not at any other 
     time. Such petition shall be reviewed only in accordance with 
     this subsection.
       ``(2) The head of the agency shall, in response to 
     petitions received during the rulemaking to establish the 
     schedule, place on the final schedule for the completion of 
     review within the first 3 years of the schedule any rule for 
     which a petition, on its face, together with any relevant 
     comments received in the rulemaking under subsection (a), 
     establishes that there is a substantial likelihood that, 
     considering the future impact of the rule--
       ``(A) the rule is a major rule under section 621(5)(A); and
       (B) the head of the agency would not be able to make the 
     findings required by section 624 with respect to the rule.
       ``(3) For the purposes of paragraph (2), the head of the 
     agency may consolidate multiple petitions on the same rule 
     into 1 determination with respect to review of the rule.
       ``(4) The head of the agency may, at the sole discretion of 
     the head of the agency, add to the schedule any other rule 
     suggested by a commentator during the rulemaking under 
     subsection (a).
       ``(d) Criteria for Establishing Deadlines for Review.--The 
     schedules in subsections (a) and (b) shall establish 
     deadlines for review of each rule on the schedule that take 
     into account--
       ``(1) the extent to which, for a particular rule, the 
     preliminary views of the agency are that--
       ``(A) the rule is unnecessary, and the agency has 
     discretion under the statute authorizing the rule to repeal 
     the rule;
       ``(B) the rule would not meet the decisional criteria of 
     section 624, and the agency has discretion under the statute 
     authorizing the rule to repeal the rule; or
       ``(C) the rule could be revised in a manner allowed by the 
     statute authorizing the rule so as to meet the decisional 
     criteria under section 624 and to--
       ``(i) substantially decrease costs;
       ``(ii) substantially increase benefits; or
       ``(iii) provide greater flexibility for regulated entities, 
     through mechanisms including, but not limited to, those 
     listed in section 622(c)(2)(C)(iii);
       ``(2) the importance of each rule relative to other rules 
     being reviewed under this section; and
       ``(3) the resources expected to be available to the agency 
     under subsection (f) to carry out the reviews under this 
     section.
       ``(e) Judicial Review.--(1) Notwithstanding section 625 and 
     except as provided otherwise in this subsection, agency 
     compliance or noncompliance with the requirements of this 
     section shall be subject to judicial review in accordance 
     with section 706 of this title.
       ``(2) The United States Court of Appeals for the District 
     of Columbia Circuit shall have exclusive jurisdiction to 
     review agency action pursuant to subsections (a), (b), and 
     (c).
       ``(3) A petition for review of final agency action under 
     subsection (b) or subsection (c) shall be filed not later 
     than 60 days after the agency publishes the final rule under 
     subsection (b).
       ``(4) The court upon review, for good cause shown, may 
     extend the 3-year deadline under subsection (c)(2) for a 
     period not to exceed 1 additional year.
       ``(5) The court shall remand to the agency any schedule 
     under subsection (b) only if final agency action under 
     subsection (b) is arbitrary or capricious. Agency action 
     under subsection (d) shall not be subject to judicial review.
       ``(f) Annual Budget.--(1) The President's annual budget 
     proposal submitted under section 1105(a) of title 31 for each 
     agency subject to this section shall--
       ``(A) identify as a separate sum the amount requested to be 
     appropriated for implementation of this section during the 
     upcoming fiscal year; and
       ``(B) include a list of rules which may terminate during 
     the year for which the budget proposal is made.
       ``(2) Amendments to the schedule under subsection (b) that 
     change a deadline for review of a rule may be included in 
     annual appropriations Acts for the relevant agencies. An 
     authorizing committee with jurisdiction may submit, to the 
     House of Representatives or Senate appropriations committee 
     (as the case may be), amendments to the schedule published by 
     an agency under subsection (b) that change a deadline for 
     review of a rule. The appropriations committee to which such 
     amendments have been submitted shall include or propose the 
     amendments in the annual appropriations Act for the relevant 
     agency. Each agency shall modify its schedule under 
     subsection (b) to reflect such amendments that are enacted 
     into law.
       ``(g) Review of Rule.--(1) For each rule on the schedule 
     under subsection (b), the agency shall--
       ``(A) not later than 2 years before the deadline in such 
     schedule, publish in the Federal Register a notice that 
     solicits public comment regarding whether the rule should be 
     continued, amended, or repealed;
       ``(B) not later than 1 year before the deadline in such 
     schedule, publish in the Federal Register a notice that--
       ``(i) addresses public comments generated by the notice in 
     subparagraph (A);
       ``(ii) contains a preliminary analysis provided by the 
     agency of whether the rule is a major rule, and if so, 
     whether it satisfies the decisional criteria of section 624;
       ``(iii) contains a preliminary determination as to whether 
     the rule should be continued, amended, or repealed; and
       ``(iv) solicits public comment on the preliminary 
     determination for the rule; and
       ``(C) not later than 60 days before the deadline in such 
     schedule, publish in the Federal Register a final notice on 
     the rule that--
       ``(i) addresses public comments generated by the notice in 
     subparagraph (B); and
       ``(ii) contains a final determination of whether to 
     continue, amend, or repeal the rule; and
       ``(iii) if the agency determines to continue the rule and 
     the rule is a major rule, contains findings necessary to 
     satisfy the decisional criteria of section 624; and
       ``(iv) if the agency determines to amend the rule, contains 
     a notice of proposed rulemaking under section 553.
       ``(2) If the final determination of the agency is to 
     continue or repeal the rule, that determination shall take 
     effect 60 days after the publication in the Federal Register 
     of the notice in paragraph (1)(C).
       ``(3) An interested party may petition the U.S. Court of 
     Appeals for the District of Columbia Circuit to extend the 
     period for review of a rule on the schedule for up to two 
     years and to grant such equitable relief as is appropriate, 
     if such petition establishes that--
       ``(A) the rule is likely to terminate under subsection (i);
       ``(B) the agency needs additional time to complete the 
     review under this subsection;
       ``(C) terminating the rule would not be in the public 
     interest; and
       ``(D) the agency has not expeditiously completed its 
     review.
       ``(h) Deadline for Final Agency Action on Modified Rule.--
     If an agency makes a determination to amend a major rule 
     under subsection (g)(1)(C)(ii), the agency shall complete 
     final agency action with regard to such rule not later than 2 
     years of the date of publication of the notice in subsection 
     (g)(1)(C) containing such determination. Nothing in this 
     subsection shall limit the discretion of an agency to decide, 
     after having proposed to modify a major rule, not to 
     promulgate such modification. Such decision shall constitute 
     final agency action for the purposes of judicial review.
       ``(i) Termination of Rules.--If the head of an agency has 
     not completed the review of a rule by the deadline 
     established in the schedule published or modified pursuant to 
     subsection (b) and subsection (c), the head of the agency 
     shall not enforce the rule, and the rule shall terminate by 
     operation of law as of such date.
       ``(j) Final Agency Action.--(1) The final determination of 
     an agency to continue or repeal a major rule under subsection 
     (g)(1)(C) shall be considered final agency action.
       ``(2) Failure to promulgate an amended major rule or to 
     make other decisions required by subsection (h) by the date 
     established under such subsection shall be considered final 
     agency action.

     ``Sec. 624. Decisional criteria

       ``(a) Construction With Other Laws.--The requirements of 
     this section shall supplement, and not supersede, any other 
     decisional criteria otherwise provided by law.
       ``(b) Requirements.--Except as provided in subsection (c), 
     no final major rule subject to this subchapter shall be 
     promulgated unless the agency head publishes in the Federal 
     Register a finding that--
       ``(1) the benefits from the rule justify the costs of the 
     rule;
       ``(2) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii); and
       ``(3)(A) the rule adopts the least cost alternative of the 
     reasonable alternatives that achieve the objectives of the 
     statute; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment identified by the agency in the rulemaking record 
     make a more costly alternative that achieves the objectives 
     of the statute appropriate and in the public interest and the 
     agency head provides an explanation of those considerations, 
     the rule adopts the least cost alternative of the reasonable 
     alternatives necessary to take into account such 
     uncertainties or benefits; and

[[Page S10019]]

       ``(4) if a risk assessment is required by section 632--
       ``(A) the rule is likely to significantly reduce the human 
     health, safety, and environmental risks to be addressed; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment, preclude making the finding under subparagraph 
     (A), promulgating the final rule is nevertheless justified 
     for reasons stated in writing accompanying the rule and 
     consistent with subchapter III.
       ``(c) Alternative Requirements.--If, applying the statutory 
     requirements upon which the rule is based, a rule cannot 
     satisfy the criteria of subsection (b), the agency head may 
     promulgate the rule if the agency head finds that--
       ``(1) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii);
       ``(2)(A) the rule adopts the least cost alternative of the 
     reasonable alternatives that achieve the objectives of the 
     statute; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment identified by the agency in the rulemaking record 
     make a more costly alternative that achieves the objectives 
     of the statute appropriate and in the public interest, and 
     the agency head provides an explanation of those 
     consideration, the rule adopts the least cost alternative of 
     the reasonable alternatives necessary to take into account 
     such uncertainties or benefits; and
       ``(3) if a risk assessment is required by section 632--
       ``(A) the rule is likely to significantly reduce the human 
     health, safety, and environmental risks to be addressed; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment, preclude making the finding under subparagraph 
     (A), promulgating the final rule is nevertheless justified 
     for reasons stated in writing accompanying the rule and 
     consistent with subchapter III.
       ``(d) Publication of Reasons for Noncompliance.--If an 
     agency promulgates a rule to which subsection (c) applies, 
     the agency head shall prepare a written explanation of why 
     the agency was required to promulgate a rule that does not 
     satisfy the criteria of subsection (b) and shall transmit the 
     explanation with the final cost-benefit analysis to Congress 
     when the final rule is promulgated.
     ``Sec. 625. Jurisdiction and judicial review

       ``(a) Review.--Compliance or noncompliance by an agency 
     with the provisions of this subchapter and subchapter III 
     shall be subject to judicial review only in accordance with 
     this section.
       ``(b) Jurisdiction.--(1) Except as provided in subsection 
     (e), subject to paragraph (2), each court with jurisdiction 
     under a statute to review final agency action to which this 
     title applies, has jurisdiction to review any claims of 
     noncompliance with this subchapter and subchapter III.
       ``(2) Except as provided in subsection (e), no claims of 
     noncompliance with this subchapter or subchapter III shall be 
     reviewed separate or apart from judicial review of the final 
     agency action to which they relate.
       ``(c) Record.--Any analysis or review required under this 
     subchapter or subchapter III shall constitute part of the 
     rulemaking record of the final agency action to which it 
     pertains for the purposes of judicial review.
       ``(d) Standards for Review.--In any proceeding involving 
     judicial review under section 706 or under the statute 
     granting the rulemaking authority, failure to comply with 
     this subchapter or subchapter III may be considered by the 
     court solely for the purpose of determining whether the final 
     agency action is arbitrary and capricious or an abuse of 
     discretion (or unsupported by substantial evidence where that 
     standard is otherwise provided by law).
       ``(e) Interlocutory Review.--(1) The United States Court of 
     Appeals for the District of Columbia Circuit shall have 
     jurisdiction to review--
       ``(A) an agency determination that a rule is not a major 
     rule pursuant to section 622(a); and
       ``(B) an agency determination that a risk assessment is not 
     required pursuant to section 632(a).
       ``(2) A petition for review of agency action under 
     paragraph (1) shall be filed within 60 days after the agency 
     makes the determination or certification for which review is 
     sought.
       ``(3) Except as provided in this subsection, no court shall 
     have jurisdiction to review any agency determination or 
     certification specified in paragraph (1).

     ``Sec. 626. Deadlines for rulemaking

       ``(a) Statutory.--All deadlines in statutes that require 
     agencies to propose or promulgate any rule subject to section 
     622 or subchapter III during the 5-year period beginning on 
     the effective date of this section shall be suspended until 
     the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 2 years after the date of the 
     applicable deadline.
       ``(b) Court-Ordered.--All deadlines imposed by any court of 
     the United States that would require an agency to propose or 
     promulgate a rule subject to section 622 or subchapter III 
     during the 5-year period beginning on the effective date of 
     this section shall be suspended until the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 2 years after the date of the 
     applicable deadline.
       ``(c) Obligation To Regulate.--In any case in which the 
     failure to promulgate a rule by a deadline occurring during 
     the 5-year period beginning on the effective date of this 
     section would create an obligation to regulate through 
     individual adjudications, the deadline shall be suspended 
     until the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 2 years after the date of the 
     applicable deadline.

     ``Sec. 627. Special rule

       ``Notwithstanding any other provision of the Comprehensive 
     Regulatory Reform Act of 1995, or the amendments made by such 
     Act, for purposes of this subchapter and subchapter IV, the 
     head of each appropriate Federal banking agency (as defined 
     in section 3(q) of the Federal Deposit Insurance Act), the 
     National Credit Union Administration, the Federal Housing 
     Finance Board, the Office of Federal Housing Enterprise 
     Oversight, and the Farm Credit Administration, shall have 
     authority with respect to such agency that otherwise would be 
     provided under such subchapters to the Director, a designee 
     of the President, Vice President, or any officer designated 
     or delegated with authority under such subchapters.

     ``Sec. 628. Requirements for major environmental management 
       activities

       ``(a) Definition.--For purposes of this section, the term 
     `major environmental management activity' means--
       ``(1) a corrective action requirement under the Solid Waste 
     Disposal Act;
       ``(2) a response action or damage assessment under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       ``(3) the treatment, storage, or disposal of radioactive or 
     mixed waste in connection with site restoration activity; and
       ``(4) Federal guidelines for the conduct of such activity, 
     including site-specific guidelines,

     the expected costs, expenses, and damages of which are likely 
     to exceed, in the aggregate, $10,000,000.
       ``(b) Applicability.--A major environmental management 
     activity is subject to this section unless construction has 
     commenced on a significant portion of the activity, and--
       ``(1) it is more cost-effective to complete construction of 
     the work than to apply the provisions of this subchapter; or
       ``(2) the application of the provisions of this subchapter, 
     including any delays caused thereby, will result in an actual 
     and immediate risk to human health or welfare.
       ``(c) Requirement To Prepare Risk Assessment.--(1) For each 
     major environmental management activity or significant unit 
     thereof that is proposed by the agency after the date of 
     enactment of this subchapter, is pending on the date of 
     enactment of this subchapter, or is subject to a granted 
     petition for review pursuant to section 623, the head of an 
     agency shall prepare--
       ``(A) a risk assessment in accordance with subchapter III; 
     and
       ``(B) a cost-benefit analysis equivalent to that which 
     would be required under this subchapter, if such subchapter 
     were applicable.
       ``(2) In conducting a risk assessment or cost-benefit 
     analysis under this section, the head of the agency shall 
     incorporate the reasonably anticipated probable future use of 
     the land and its surroundings (and any associated media and 
     resources of either) affected by the environmental management 
     activity.
       ``(3) For actions pending on the date of enactment of this 
     section or proposed during the year following the date of 
     enactment of this section, in lieu of preparing a risk 
     assessment in accordance with subchapter III or cost-benefit 
     analysis under this subchapter, an agency may use other 
     appropriately developed analyses that allow it to make the 
     judgments required under subsection (d).
       ``(d) Requirement.--The requirements of this subsection 
     shall supplement, and not supersede, any other requirement 
     provided by any law. A major environmental management 
     activity under this section shall meet the decisional 
     criteria under section 624 as if it is a major rule under 
     such section.

     ``Sec. 629. Petition for alternative method of compliance

       ``(a) Except as provided in subsection (e), or unless 
     prohibited by the statute authorizing the rule, any person 
     subject to a major rule may petition the relevant agency to 
     modify or waive the specific requirements of the major rule 
     (or any portion thereof) and to authorize such person to 
     demonstrate compliance through alternative means not 
     otherwise permitted by the major rule. The petition shall 
     identify with reasonable specificity the requirements for 
     which the waiver is sought and the alternative means of 
     compliance being proposed.
       ``(b) The agency shall grant the petition if the petition 
     shows that there is a reasonable likelihood that the proposed 
     alternative means of compliance--
       ``(1) would achieve the identified benefits of the major 
     rule with at least an equivalent level of protection of 
     health, safety, and the environment as would be provided by 
     the major rule; and

[[Page S10020]]

       ``(2) would not impose an undue burden on the agency that 
     would be responsible for enforcing such alternative means of 
     compliance.
       ``(c) A decision to grant or to deny a petition under this 
     subsection shall be made not later than 180 days after the 
     petition is submitted, but in no event shall agency action 
     taken pursuant to this section be subject to judicial review.
       ``(d) Following a decision to grant or deny a petition 
     under this section, no further petition for such rule, 
     submitted by the same person, shall be granted unless such 
     petition pertains to a different facility or installation 
     owned or operated by such person or unless such petition is 
     based on a significant change in a fact, circumstance, or 
     provision of law underlying or otherwise related to the rule 
     occurring since the initial petition was granted or denied, 
     that warrants the granting of such petition.
       ``(e) If the statute authorizing the rule which is the 
     subject of the petition provides procedures or standards for 
     an alternative method of compliance the petition shall be 
     reviewed solely under the terms of the statute.

                   ``SUBCHAPTER III--RISK ASSESSMENTS

     ``Sec. 631. Definitions

       ``For purposes of this subchapter--
       ``(1) except as otherwise provided, the definitions under 
     section 551 shall apply to this subchapter;
       ``(2) the term `exposure assessment' means the scientific 
     determination of the intensity, frequency and duration of 
     actual or potential exposures to the hazard in question;
       ``(3) the term `hazard assessment' means the scientific 
     determination of whether a hazard can cause an increased 
     incidence of one or more significant adverse effects, and a 
     scientific evaluation of the relationship between the degree 
     of exposure to a perceived cause of an adverse effect and the 
     incidence and severity of the effect;
       ``(4) the term `major rule' has the meaning given such term 
     in section 621(5);
       ``(5) the term `risk assessment' means the systematic 
     process of organizing and analyzing scientific knowledge and 
     information on potential hazards, including as appropriate 
     for the specific risk involved, hazard assessment, exposure 
     assessment, and risk characterization;
       ``(6) the term `risk characterization' means the 
     integration and organization of hazard and exposure 
     assessment to estimate the potential for specific harm to an 
     exposed population or natural resource including, to the 
     extent feasible, a characterization of the distribution of 
     risk as well as an analysis of uncertainties, variabilities, 
     conflicting information, and inferences and assumptions in 
     the assessment;
       ``(7) the term `screening analysis' means an analysis using 
     simple conservative postulates to arrive at an estimate of 
     upper bounds as appropriate, that permits the manager to 
     eliminate risks from further consideration and analysis, or 
     to help establish priorities for agency action; and
       ``(8) the term `substitution risk' means an increased risk 
     to human health, safety, or the environment reasonably likely 
     to result from a regulatory option.

     ``Sec. 632. Applicability

       ``(a) In General.--Except as provided in subsection (c), 
     for each proposed and final major rule, a primary purpose of 
     which is to protect human health, safety, or the environment, 
     or a consequence of which is a substantial substitution risk, 
     that is proposed by an agency after the date of enactment of 
     this subchapter, or is pending on the date of enactment of 
     this subchapter, the head of each agency shall prepare a risk 
     assessment in accordance with this subchapter.
       ``(b) Application of Principles.--(1) Except as provided in 
     subsection (c), the head of each agency shall apply the 
     principles in this subchapter to any risk assessment 
     conducted to support a determination by the agency of risk to 
     human health, safety, or the environment, if such 
     determination would be likely to have an effect on the United 
     States economy equivalent to that of a major rule.
       ``(2) In applying the principles of this subchapter to risk 
     assessments other than those in subsections (a), (b)(1), and 
     (c), the head of each agency shall publish, after notice and 
     public comment, guidelines for the conduct of such other risk 
     assessments that adapt the principles of this subchapter in a 
     manner consistent with section 633(a)(4) and the risk 
     assessment and risk management needs of the agency.
       ``(3) An agency shall not, as a condition for the issuance 
     or modification of a permit, conduct, or require any person 
     to conduct, a risk assessment, except if the agency finds 
     that the risk assessment meets the requirements of section 
     633 (a) through (f).
       ``(c) Exceptions.--(1) This subchapter shall not apply to 
     risk assessments performed with respect to--
       ``(A) a situation for which the agency finds good cause 
     that conducting a risk assessment is impracticable due to an 
     emergency or health and safety threat that is likely to 
     result in significant harm to the public or natural 
     resources;
       ``(B) a rule or agency action that authorizes the 
     introduction into commerce, or initiation of manufacture, of 
     a substance, mixture, or product, or recognizes the 
     marketable status of a product;
       ``(C) a human health, safety, or environmental inspection, 
     an action enforcing a statutory provision, rule, or permit, 
     or an individual facility or site permitting action, except 
     to the extent provided by subsection (b)(3);
       ``(D) a screening analysis clearly identified as such; or
       ``(E) product registrations, reregistrations, tolerance 
     settings, and reviews of premanufacture notices under the 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     136 et seq.) and the Toxic Substances Control Act (15 U.S.C. 
     2601 et seq.).
       ``(2) An analysis shall not be treated as a screening 
     analysis for the purposes of paragraph (1)(D) if the result 
     of the analysis is used--
       ``(A) as the basis for imposing a restriction on a 
     previously authorized substance, product, or activity after 
     its initial introduction into manufacture or commerce; or
       ``(B) as the basis for a formal determination by the agency 
     of significant risk from a substance or activity.
       ``(3) This subchapter shall not apply to any food, drug, or 
     other product label or labeling, or to any risk 
     characterization appearing on any such label.

     ``Sec. 633. Principles for risk assessments

       ``(a) In General.--(1) The head of each agency shall design 
     and conduct risk assessments in a manner that promotes 
     rational and informed risk management decisions and informed 
     public input into the process of making agency decisions.
       ``(2) The head of each agency shall establish and maintain 
     a distinction between risk assessment and risk management.
       ``(3) An agency may take into account priorities for 
     managing risks, including the types of information that would 
     be important in evaluating a full range of alternatives, in 
     developing priorities for risk assessment activities.
       ``(4) In conducting a risk assessment, the head of each 
     agency shall employ the level of detail and rigor considered 
     by the agency as appropriate and practicable for reasoned 
     decisionmaking in the matter involved, proportionate to the 
     significance and complexity of the potential agency action 
     and the need for expedition.
       ``(5) An agency shall not be required to repeat discussions 
     or explanations in each risk assessment required under this 
     subchapter if there is an unambiguous reference to a relevant 
     discussion or explanation in another reasonably available 
     agency document that was prepared consistent with this 
     section.
       ``(b) Iterative Process.--(1) Each agency shall develop and 
     use an iterative process for risk assessment, starting with 
     relatively inexpensive screening analyses and progressing to 
     more rigorous analyses, as circumstances or results warrant.
       ``(2) In determining whether or not to proceed to a more 
     detailed analysis, the head of the agency shall take into 
     consideration whether or not use of additional data or the 
     analysis thereof would significantly change the estimate of 
     risk and the resulting agency action.
       ``(c) Data Quality.--(1) The head of each agency shall base 
     each risk assessment only on the best reasonably available 
     scientific data and scientific understanding, including 
     scientific information that finds or fails to find a 
     correlation between a potential hazard and an adverse effect, 
     and data regarding exposure and other relevant physical 
     conditions that are reasonably expected to be encountered.
       ``(2) The agency shall select data for use in a risk 
     assessment based on a reasoned analysis of the quality and 
     relevance of the data, and shall describe such analysis.
       ``(3) In making its selection of data, the agency shall 
     consider whether the data were published in the peer-reviewed 
     scientific literature, or developed in accordance with good 
     laboratory practice or published or other appropriate 
     protocols to ensure data quality, such as the standards for 
     the development of test data promulgated pursuant to section 
     4 of the Toxic Substances Control Act (15 U.S.C. 2603), and 
     the standards for data requirements promulgated pursuant to 
     section 3 of the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. 136a), or other form of independent 
     evaluation.
       ``(4) Subject to paragraph (3), relevant scientific data 
     submitted by interested parties shall be reviewed and 
     considered by the agency in the analysis under paragraph (2).
       ``(5) When conflicts among scientific data appear to exist, 
     the risk assessment shall include a discussion of all 
     relevant information including the likelihood of alternative 
     interpretations of the data and emphasizing--
       ``(A) postulates that represent the most reasonable 
     inferences from the supporting scientific data; and
       ``(B) when a risk assessment involves an extrapolation from 
     toxicological studies, data with the greatest scientific 
     basis of support for the resulting harm to affected 
     individuals, populations, or resources.
       ``(6) The head of an agency shall not automatically 
     incorporate or adopt any recommendation or classification 
     made by any foreign government, the United Nations, any 
     international governmental body or standards-making 
     organization, concerning the health effects value of a 
     substance, except as provided in paragraph (2) of this 
     subsection. Nothing in this paragraph shall be construed to 
     affect the implementation or application of any treaty or 
     international trade agreement to which the United States is a 
     party.
       ``(d) Use of Policy Judgments.--(1) An agency shall not use 
     policy judgments, including default assumptions, inferences, 

[[Page S10021]]
     models or safety factors, when relevant and adequate scientific data 
     and scientific understanding, including site-specific data, 
     are available. The agency shall modify or decrease the use of 
     policy judgments to the extent that higher quality scientific 
     data and understanding become available.
       ``(2) When a risk assessment involves choice of a policy 
     judgment, the head of the agency shall--
       ``(A) identify the policy judgment and its scientific or 
     policy basis, including the extent to which the policy 
     judgment has been validated by, or conflicts with, empirical 
     data;
       ``(B) explain the basis for any choices among policy 
     judgments; and
       ``(C) describe reasonable alternative policy judgments that 
     were not selected by the agency for use in the risk 
     assessment, and the sensitivity of the conclusions of the 
     risk assessment to the alternatives, and the rationale for 
     not using such alternatives.
       ``(3) An agency shall not inappropriately combine or 
     compound multiple policy judgments.
       ``(4) The agency shall, subject to notice and opportunity 
     for public comment, develop and publish guidelines describing 
     the agency's default policy judgments and how they were 
     chosen, and guidelines for deciding when and how, in a 
     specific risk assessment, to adopt alternative policy 
     judgments or to use available scientific information in place 
     of a policy judgment.
       ``(e) Risk Characterization.--In each risk assessment, the 
     agency shall include in the risk characterization, as 
     appropriate, each of the following:
       ``(1) A description of the hazard of concern.
       ``(2) A description of the populations or natural resources 
     that are the subject of the risk assessment.
       ``(3) An explanation of the exposure scenarios used in the 
     risk assessment, including an estimate of the corresponding 
     population at risk and the likelihood of such exposure 
     scenarios.
       ``(4) A description of the nature and severity of the harm 
     that could plausibly occur.
       ``(5) A description of the major uncertainties in each 
     component of the risk assessment and their influence on the 
     results of the assessment.
       ``(f) Presentation of Risk Assessment Conclusions.--(1) To 
     the extent feasible and scientifically appropriate, the head 
     of an agency shall--
       ``(A) express the overall estimate of risk as a range or 
     probability distribution that reflects variabilities, 
     uncertainties and data gaps in the analysis;
       ``(B) provide the range and distribution of risks and the 
     corresponding exposure scenarios, identifying the reasonably 
     expected risk to the general population and, where 
     appropriate, to more highly exposed or sensitive 
     subpopulations; and
       ``(C) where quantitative estimates of the range and 
     distribution of risk estimates are not available, describe 
     the qualitative factors influencing the range of possible 
     risks.
       ``(2) When scientific data and understanding that permits 
     relevant comparisons of risk are reasonably available, the 
     agency shall use such information to place the nature and 
     magnitude of risks to human health, safety, and the 
     environment being analyzed in context.
       ``(3) When scientifically appropriate information on 
     significant substitution risks to human health, safety, or 
     the environment is reasonably available to the agency, or is 
     contained in information provided to the agency by a 
     commentator, the agency shall describe such risks in the risk 
     assessments.
       ``(g) Peer Review.--(1) Each agency shall provide for peer 
     review in accordance with this section of any risk assessment 
     subject to the requirements of this subchapter that forms 
     that basis of any major rule or a major environmental 
     management activity.
       ``(2) Each agency shall develop a systematic program for 
     balanced, independent, and external peer review that--
       ``(A) shall provide for the creation or utilization of peer 
     review panels, expert bodies, or other formal or informal 
     devices that are balanced and comprised of participants 
     selected on the basis of their expertise relevant to the 
     sciences involved in regulatory decisions and who are 
     independent of the agency program that developed the risk 
     assessment being reviewed;
       ``(B) shall not exclude any person with substantial and 
     relevant expertise as a participant on the basis that such 
     person has a potential interest in the outcome, if such 
     interest is fully disclosed to the agency, and the agency 
     includes such disclosure as part of the record, unless the 
     result of the review would have a direct and predictable 
     effect on a substantial financial interest of such person;
       ``(C) shall provide for a timely completed peer review, 
     meeting agency deadlines, that contains a balanced 
     presentation of all considerations, including minority 
     reports and agency response to all significant peer review 
     comments; and
       ``(D) shall provide adequate protections for confidential 
     business information and trade secrets, including requiring 
     panel members to enter into confidentiality agreements.
       ``(3) Each peer review shall include a report to the 
     Federal agency concerned detailing the scientific and 
     technical merit of data and the methods used for the risk 
     assessment, and shall identify significant peer review 
     comments. Each agency shall provide a written response to all 
     significant peer review comments. All peer review comments, 
     conclusions, composition of the panels, and the agency's 
     responses shall be made available to the public and shall be 
     made part of the administrative record for purposes of 
     judicial review of any final agency action.
       ``(4)(A) The Director of the Office of Science and 
     Technology Policy shall develop a systematic program to 
     oversee the use and quality of peer review of risk 
     assessments.
       ``(B) The Director or the designee of the President may 
     order an agency to conduct peer review for any risk 
     assessment or cost-benefit analysis that is likely to have a 
     significant impact on public policy decisions, or that would 
     establish an important precedent.
       ``(5) The proceedings of peer review panels under this 
     section shall not be subject to the Federal Advisory 
     Committee Act.
       ``(h) Public Participation.--The head of each agency shall 
     provide appropriate opportunities for public participation 
     and comment on risk assessments.

     ``Sec. 634. Petition for review of a major free-standing risk 
       assessment

       ``(a) Any interested person may petition an agency to 
     conduct a scientific review of a risk assessment conducted or 
     adopted by the agency, except for a risk assessment used as 
     the basis for a major rule or a site-specific risk 
     assessment.
       ``(b) The agency shall utilize external peer review, as 
     appropriate, to evaluate the claims and analyses in the 
     petition, and shall consider such review in making its 
     determination of whether to grant the petition.
       ``(c) The agency shall grant the petition if the petition 
     establishes that there is a reasonable likelihood that--
       ``(1)(A) the risk assessment that is the subject of the 
     petition was carried out in a manner substantially 
     inconsistent with the principles in section 633; or
       ``(B) the risk assessment that is the subject of the 
     petition does not take into account material significant new 
     scientific data and scientific understanding;
       ``(2) the risk assessment that is the subject of the 
     petition contains significantly different results than if it 
     had been properly conducted pursuant to subchapter III; and
       ``(3) a revised risk assessment will provide the basis for 
     reevaluating an agency determination of risk, and such 
     determination currently has an effect on the United States 
     economy equivalent to that of major rule.
       ``(d) A decision to grant, or final action to deny, a 
     petition under this subsection shall be made not later than 
     180 days after the petition is submitted.
       ``(e) If the agency grants the petition, it shall complete 
     its review of the risk assessment not later than 1 year after 
     its decision to grant the petition. If the agency revises the 
     risk assessment, in response to its review, it shall do so in 
     accordance with section 633.

     ``Sec. 635. Comprehensive risk reduction

       ``(a) Setting Priorities.--The head of each agency with 
     programs to protect human health, safety, or the environment 
     shall set priorities for the use of resources available to 
     address those risks to human health, safety, and the 
     environment, with the goal of achieving the greatest overall 
     net reduction in risks with the public and private sector 
     resources expended.
       ``(b) Incorporating Risk-Based Priorities Into Budget and 
     Planning.--The head of each agency in subsection (a) shall 
     incorporate the priorities identified under subsection (a) 
     into the agency budget, strategic planning, regulatory 
     agenda, enforcement, and research activities. When submitting 
     its budget request to Congress and when announcing its 
     regulatory agenda in the Federal Register, each covered 
     agency shall identify the risks that the covered agency head 
     has determined are the most serious and can be addressed in a 
     cost-effective manner using the priorities set under 
     subsection (a), the basis for that determination, and 
     explicitly identify how the agency's requested budget and 
     regulatory agenda reflect those priorities.
       ``(c) Reports by the National Academy of Sciences.--(1) Not 
     later than 6 months after the date of enactment of this 
     section, the Director of the Office of Science and Technology 
     Policy shall enter into an arrangement with the National 
     Academy of Sciences to investigate and report on comparative 
     risk analysis. The arrangement shall provide, to the extent 
     feasible, for--
       ``(A) 1 or more reports evaluating methods of comparative 
     risk analysis that would be appropriate for agency programs 
     related to human health, safety, and the environment to use 
     in setting priorities for activities; and
       ``(B) a report providing a comprehensive and comparative 
     analysis of the risks to human health, safety, and the 
     environment that are addressed by agency programs to protect 
     human health, safety, and the environment, along with 
     companion activities to disseminate the conclusions of the 
     report to the public.
       ``(2) The report or reports prepared under paragraph (1)(A) 
     shall be completed not later than 3 years after the date of 
     enactment of this section. The report under paragraph (1)(B) 
     shall be completed not later than 4 years after the date of 
     enactment of this section, and shall draw, as appropriate, 
     upon the insights and conclusions of the report or reports 
     made under paragraph (1)(A). The companion activities under 
     paragraph (1)(B) shall be completed not later than 5 years 
     after the date of enactment of this section.
       ``(3)(A) The head of an agency with programs to protect 
     human health, safety, and 

[[Page S10022]]
     the environment shall incorporate the recommendations of reports under 
     paragraph (1) in revising any priorities under subsection 
     (a).
       ``(B) The head of the agency shall submit a report to the 
     appropriate Congressional committees of jurisdiction 
     responding to the recommendations from the National Academy 
     of Sciences and describing plans for utilizing the results of 
     comparative risk analysis in agency budget, strategic 
     planning, regulatory agenda, enforcement, and research and 
     development activities.
       ``(4) Following the submission of the report in paragraph 
     (2), for the next 5 years, the head of the agency shall 
     submit, with the budget request submitted to Congress under 
     section 1105(a) of title 31, a description of how the 
     requested budget of the agency and the strategic planning 
     activities of the agency reflect priorities determined using 
     the recommendations of reports issued under subsection (a). 
     The head of the agency shall include in such description--
       ``(A) recommendations on the modification, repeal, or 
     enactment of laws to reform, eliminate, or enhance programs 
     or mandates relating to human health, safety, or the 
     environment; and
       ``(B) recommendation on the modification or elimination of 
     statutory or judicially mandated deadlines,

     that would assist the head of the agency to set priorities in 
     activities to address the risks to human health, safety, or 
     the environment that incorporate the priorities developed 
     using the recommendations of the reports under subsection 
     (a), resulting in more cost-effective programs to address 
     risk.
       ``(5) For each budget request submitted in accordance with 
     paragraph (4), the Director shall submit an analysis of ways 
     in which resources could be reallocated among Federal 
     agencies to achieve the greatest overall net reduction in 
     risk.

     ``Sec. 636. Rule of construction

       ``Nothing in this subchapter shall be construed to--
       ``(1) preclude the consideration of any data or the 
     calculation of any estimate to more fully describe or analyze 
     risk, scientific uncertainty, or variability; or
       ``(2) require the disclosure of any trade secret or other 
     confidential information.
                  ``SUBCHAPTER IV--EXECUTIVE OVERSIGHT

     ``Sec. 641. Procedures

       ``(a) In General.--The Director or a designee of the 
     President shall--
       ``(1) establish and, as appropriate, revise procedures for 
     agency compliance with this chapter; and
       ``(2) monitor, review, and ensure agency implementation of 
     such procedures.
       ``(b) Public Comment.--Procedures established pursuant to 
     subsection (a) shall only be implemented after opportunity 
     for public comment. Any such procedures shall be consistent 
     with the prompt completion of rulemaking proceedings.
       ``(c) Time for Review.--(1) If procedures established 
     pursuant to subsection (a) include review of any initial or 
     final analyses of a rule required under chapter 6, the time 
     for any such review of any initial analysis shall not exceed 
     90 days following the receipt of the analysis by the 
     Director, or a designee of the President.
       ``(2) The time for review of any final analysis required 
     under chapter 6 shall not exceed 90 days following the 
     receipt of the analysis by the Director, a designee of the 
     President.
       ``(3)(A) The times for each such review may be extended for 
     good cause by the President or by an officer to whom the 
     President has delegated his authority pursuant to section 642 
     for an additional 45 days. At the request of the head of an 
     agency, the President or such an officer may grant an 
     additional extension of 45 days.
       ``(B) Notice of any such extension, together with a 
     succinct statement of the reasons therefor, shall be inserted 
     in the rulemaking file.

     ``Sec. 642. Delegation of authority

       ``(a) In General.--The President may delegate the authority 
     granted by this subchapter to an officer within the Executive 
     Office of the President whose appointment has been subject to 
     the advice and consent of the Senate.
       ``(b) Notice.--Notice of any delegation, or any revocation 
     or modification thereof shall be published in the Federal 
     Register.

     ``Sec. 643. Judicial review

       ``The exercise of the authority granted under this 
     subchapter by the Director, the President, or by an officer 
     to whom such authority has been delegated under section 642 
     and agency compliance or noncompliance with the procedure 
     under section 641 shall not be subject to judicial review.

     ``Sec. 644. Regulatory agenda

       ``The head of each agency shall provide, as part of the 
     semiannual regulatory agenda published under section 602--
       ``(1) a list of risk assessments subject to subsection 632 
     (a) or (b)(1) under preparation or planned by the agency;
       ``(2) a brief summary of relevant issues addressed or to be 
     addressed by each listed risk assessment;
       ``(3) an approximate schedule for completing each listed 
     risk assessment;
       ``(4) an identification of potential rules, guidance, or 
     other agency actions supported or affected by each listed 
     risk assessment; and
       ``(5) the name, address, and telephone number of an agency 
     official knowledgeable about each listed risk assessment.''.
       (b) Regulatory Flexibility Analysis.--
       (1) Final regulatory flexibility analysis.--Section 604 of 
     title 5, United States Code, is amended by adding at the end 
     thereof the following new subsection:
       ``(c)(1) Except as provided in paragraph (2), no final rule 
     for which a final regulatory flexibility analysis is required 
     under this section shall be promulgated unless the agency 
     finds that the final rule minimizes significant economic 
     impact on small entities to the maximum extent possible, 
     consistent with the purposes of this subchapter, the 
     objectives of the rule, and the requirements of applicable 
     statutes.
       ``(2) If an agency determines that a statute requires a 
     rule to be promulgated that does not satisfy the criterion of 
     paragraph (1), the agency shall--
       ``(A) include a written explanation of such determination 
     in the final regulatory flexibility analysis; and
       ``(B) transmit the final regulatory flexibility analysis to 
     Congress when the final rule is promulgated.''.
       (2) Judicial review.--Section 611 of title 5, United States 
     Code, is amended to read as follows:
     ``Sec. 611. Judicial review

       ``(a)(1) For any rule described in section 603(a), and with 
     respect to which the agency--
       ``(A) certified, pursuant to section 605(b), that such rule 
     would not have a significant economic impact on a substantial 
     number of small entities;
       ``(B) prepared a final regulatory flexibility analysis 
     pursuant to section 604; or
       ``(C) did not prepare an initial regulatory flexibility 
     analysis pursuant to section 603 or a final regulatory 
     flexibility analysis pursuant to section 604 except as 
     permitted by sections 605 and 608,

     an affected small entity may petition for the judicial review 
     of such certification, analysis, or failure to prepare such 
     analysis, in accordance with this subsection. A court having 
     jurisdiction to review such rule for compliance with section 
     553 or under any other provision of law shall have 
     jurisdiction over such petition.
       ``(2)(A) Notwithstanding any other provision of law, an 
     affected small entity shall have 1 year after the effective 
     date of the final rule to challenge the certification, 
     analysis or failure to prepare an analysis required by this 
     subchapter with respect to any such rule.
       ``(B) If an agency delays the issuance of a final 
     regulatory flexibility analysis pursuant to section 608(b), a 
     petition for judicial review under this subsection may be 
     filed not later than 1 year after the date the analysis is 
     made available to the public.
       ``(3) For purposes of this subsection, the term `affected 
     small entity' means a small entity that is or will be subject 
     to the provisions of, or otherwise required to comply with, 
     the final rule.
       ``(4) Nothing in this subsection shall be construed to 
     limit the authority of any court to stay the effective date 
     of any rule or provision thereof under any other provision of 
     law.
       ``(5)(A) Notwithstanding section 605, if the court 
     determines, on the basis of the court's review of the 
     rulemaking record, that there is substantial evidence that 
     the rule would have a significant economic impact on a 
     substantial number of small entities, the court shall order 
     the agency to prepare a final regulatory flexibility analysis 
     that satisfies the requirements of section 604.
       ``(B) If the agency prepared a final regulatory flexibility 
     analysis, the court shall order the agency to take corrective 
     action consistent with section 604 if the court determines, 
     on the basis of the court's review of the rulemaking record, 
     that the final regulatory flexibility analysis does not 
     satisfy the requirements of section 604.
       ``(6) The court shall stay the rule and grant such other 
     relief as the court determines to be appropriate if, by the 
     end of the 90-day period beginning on the date of the order 
     of the court pursuant to paragraph (5), the agency fails, as 
     appropriate--
       ``(A) to prepare the analysis required by section 604; or
       ``(B) to take corrective action consistent with section 
     604.
       ``(b) In an action for the judicial review of a rule, any 
     regulatory flexibility analysis for such rule (including an 
     analysis prepared or corrected pursuant to subsection (a)(5)) 
     shall constitute part of the whole record of agency action in 
     connection with such review.
       ``(c) Except as otherwise required by the provisions of 
     this subchapter, the court shall apply the same standards of 
     judicial review that govern the review of agency findings 
     under the statute granting the agency authority to conduct 
     the rulemaking.''.
       (c) Revision of Certain Provisions of the Federal Food, 
     Drug, and Cosmetic Act Relating to Testing.--In applying 
     section 409(c)(3)(A), 512(d)(1), or 721(b)(5)(B) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(c)(3)(A), 
     360b(d)(1), 379e(b)(5)(B)), the Secretary of Health and Human 
     Services and the Administrator of the Environmental 
     Protection Agency shall not prohibit or refuse to approve a 
     substance or product on the basis of safety, where the 
     substance or product presents a negligible or insignificant 
     foreseeable risk to human health resulting from its intended 
     use.
       (d) Toxic Release Inventory Review.--Section 313(d) of the 
     Emergency Planning 

[[Page S10023]]
     and Community Right-to-Know Act of 1986 (42 U.S.C. 11023(d)) is 
     amended--
       (1) in paragraph (2) by inserting after ``epidemiological 
     or other population studies,'' the following: ``and on the 
     rule of reason, including a consideration of the 
     applicability of such evidence to levels of the chemical in 
     the environment that may result from reasonably anticipated 
     releases''; and
       (2) in subsection (e)(1), by inserting before ``Within 180 
     days'' the following: ``The Administrator shall grant any 
     petition that establishes substantial evidence that the 
     criteria in subparagraph (A) either are or are not met.''.
       (e) Technical and Conforming Amendments.--
       (1) Chapter analysis.--Part I of title 5, United States 
     Code, is amended by striking the chapter heading and table of 
     sections for chapter 6 and inserting the following:
           ``CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS
                  ``SUBCHAPTER I--REGULATORY ANALYSIS

``Sec.
``601. Definitions.
``602. Regulatory agenda.
``603. Initial regulatory flexibility analysis.
``604. Final regulatory flexibility analysis.
``605. Avoidance of duplicative or unnecessary analyses.
``606. Effect on other law.
``607. Preparation of analysis.
``608. Procedure for waiver or delay of completion.
``609. Procedures for gathering comments.
``610. Periodic review of rules.
``611. Judicial review.
``612. Reports and intervention rights.

               ``SUBCHAPTER II--ANALYSIS OF AGENCY RULES

``621. Definitions.
``622. Rulemaking cost-benefit analysis.
``623. Agency regulatory review.
``624. Decisional criteria.
``625. Jurisdiction and judicial review.
``626. Deadlines for rulemaking.
``627. Special rule.
``628. Requirements for major environmental management activities.

                   ``SUBCHAPTER III--RISK ASSESSMENTS

``631. Definitions.
``632. Applicability.
``633. Principles for risk assessments.
``634. Petition for review of a major free-standing risk assessment.
``635. Comprehensive risk reduction.
``636. Rule of construction.

                  ``SUBCHAPTER IV--EXECUTIVE OVERSIGHT

``641. Procedures.
``642. Delegation of authority.
``643. Judicial review.
``644. Regulatory agenda.''.
       (2) Subchapter heading.--Chapter 6 of title 5, United 
     States Code, is amended by inserting immediately before 
     section 601, the following subchapter heading:

                 ``SUBCHAPTER I--REGULATORY ANALYSIS''.

     SEC. 5. JUDICIAL REVIEW.

       (a) In general.--Chapter 7 of title 5, United States Code, 
     is amended--
       (1) by striking section 706; and
       (2) by adding at the end the following new sections:

     ``Sec. 706. Scope of review

       ``(a) To the extent necessary to reach a decision and when 
     presented, the reviewing court shall decide all relevant 
     questions of law, interpret constitutional and statutory 
     provisions, and determine the meaning or applicability of the 
     terms of an agency action. The reviewing court shall--
       ``(1) compel agency action unlawfully withheld or 
     unreasonably delayed; and
       ``(2) hold unlawful and set aside agency action, findings 
     and conclusions found to be--
       ``(A) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with law;
       ``(B) contrary to constitutional right, power, privilege, 
     or immunity;
       ``(C) in excess of statutory jurisdiction, authority, or 
     limitations, or short of statutory right;
       ``(D) without observance of procedure required by law;
       ``(E) unsupported by substantial evidence in a proceeding 
     subject to sections 556 and 557 or otherwise reviewed on the 
     record of an agency hearing provided by statute;
       ``(F) without substantial support in the rulemaking file, 
     viewed as a whole, for the asserted or necessary factual 
     basis, in the case of a rule adopted in a proceeding subject 
     to section 553; or
       ``(G) unwarranted by the facts to the extent that the facts 
     are subject to trial de novo by the reviewing court.
       ``(b) In making the determinations set forth in subsection 
     (a), the court shall review the whole record or those parts 
     of it cited by a party, and due account shall be taken of the 
     rule of prejudicial error.

     ``Sec. 707. Consent decrees

       ``In interpreting any consent decree in effect on or after 
     the date of enactment of this section that imposes on an 
     agency an obligation to initiate, continue, or complete 
     rulemaking proceedings, the court shall not enforce the 
     decree in a way that divests the agency of discretion clearly 
     granted to the agency by statute to respond to changing 
     circumstances, make policy or managerial choices, or protect 
     the rights of third parties.

     ``Sec. 708. Affirmative defense

       ``Notwithstanding any other provision of law, it shall be 
     an affirmative defense in any enforcement action brought by 
     an agency that the regulated person or entity reasonably 
     relied on and is complying with a rule, regulation, 
     adjudication, directive, or order of such agency or any other 
     agency that is incompatible, contradictory, or otherwise 
     cannot be reconciled with the agency rule, regulation, 
     adjudication, directive, or order being enforced.''.
       (b) Technical Amendment.--The analysis for chapter 7 of 
     title 5, United States Code, is amended by striking the item 
     relating to section 706 and inserting the following new 
     items:

``706. Scope of review.
``707. Consent decrees.
``708. Affirmative defense.''.
     SEC. 6. CONGRESSIONAL REVIEW.

       (a) 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 
     implementation of certain significant final rules is imposed 
     in order to provide Congress an opportunity for review.
       (b) In General.--Title 5, United States Code, is amended by 
     inserting immediately after chapter 7 the following new 
     chapter:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``801. Congressional review.
``802. Congressional disapproval procedure.
``803. Special rule on statutory, regulatory, and judicial deadlines.
``804. Definitions.
``805. Judicial review.
``806. Applicability; severability.
``807. Exemption for monetary policy.
     ``Sec. 801. Congressional review

       ``(a)(1)(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 and to the Comptroller General a 
     report containing--
       ``(i) a copy of the rule;
       ``(ii) a concise general statement relating to the rule; 
     and
       ``(iii) the proposed effective date of the rule.
       ``(B) The Federal agency promulgating the rule shall make 
     available to each House of Congress and the Comptroller 
     General, upon request--
       ``(i) a complete copy of the cost-benefit analysis of the 
     rule, if any;
       ``(ii) the agency's actions relevant to sections 603, 604, 
     605, 607, and 609;
       ``(iii) the agency's actions relevant to sections 202, 203, 
     204, and 205 of the Unfunded Mandates Reform Act of 1995; and
       ``(iv) any other relevant information or requirements under 
     any other Act and any relevant Executive orders, such as 
     Executive Order No. 12866.
       ``(C) Upon receipt, each House shall provide copies to the 
     Chairman and Ranking Member of each committee with 
     jurisdiction.
       ``(2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction to each 
     House of the Congress by the end of 12 calendar days after 
     the submission or publication date as provided in section 
     802(b)(2). The report of the Comptroller General shall 
     include an assessment of the agency's compliance with 
     procedural steps required by paragraph (1)(B).
       ``(B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       ``(3) A major 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 60 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 802 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
       ``(C) the date the rule would have otherwise taken effect, 
     if not for this section (unless a joint resolution of 
     disapproval under section 802 is enacted).
       ``(4) Except for a major rule, a rule shall take effect as 
     otherwise provided by law after submission to Congress under 
     paragraph (1).
       ``(5) Notwithstanding paragraph (3), the effective date of 
     a rule shall not be delayed by operation of this chapter 
     beyond the date on which either House of Congress votes to 
     reject a joint resolution of disapproval under section 802.
       ``(b) A rule shall not take effect (or continue) as a final 
     rule, if the Congress passes a joint resolution of 
     disapproval described under section 802.
       ``(c)(1) Notwithstanding any other provision of this 
     section (except subject to paragraph (3)), a rule that would 
     not take effect by reason of this chapter may take effect, if 
     the President makes a determination under paragraph (2) and 
     submits written notice of such determination to the Congress.
       ``(2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the rule should take effect 
     because such rule is--

[[Page S10024]]

       ``(A) necessary because of an imminent threat to health or 
     safety or other emergency;
       ``(B) necessary for the enforcement of criminal laws;
       ``(C) necessary for national security; or
       ``(D) issued pursuant to a statute implementing an 
     international trade agreement.
       ``(3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 802 or the effect of a joint resolution of 
     disapproval under this section.
       ``(d)(1) In addition to the opportunity for review 
     otherwise provided under this chapter, 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 802 shall apply 
     to such rule in the succeeding Congress.
       ``(2)(A) In applying section 802 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 
     shall be submitted to Congress before a final rule can take 
     effect.
       ``(3) 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)(1) Section 802 shall apply in accordance with this 
     subsection to any major 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 the Comprehensive Regulatory Reform Act of 1995 
     takes effect.
       ``(2) In applying section 802 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 
     enactment of the Comprehensive Regulatory Reform Act of 1995; 
     and
       ``(B) a report on such rule were submitted to Congress 
     under subsection (a)(1) on such date.
       ``(3) 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 802.
       ``(f) Any rule that takes effect and later is made of no 
     force or effect by enactment of a joint resolution under 
     section 802 shall be treated as though such rule had never 
     taken effect.
       ``(g) If the Congress does not enact a joint resolution of 
     disapproval under section 802, 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. 802. Congressional disapproval procedure

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced during 
     the period beginning on the date on which the report referred 
     to in section 801(a) is received by Congress and ending 60 
     days thereafter, 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)(1) 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) 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 801(a)(1); or
       ``(B) the rule is published in the Federal Register.
       ``(c) 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 from 
     further consideration of such resolution in the Senate upon a 
     petition supported in writing by 30 Members of the Senate and 
     in the House upon a petition supported in writing by one-
     fourth of the Members duly sworn and chosen or by motion of 
     the Speaker supported by the Minority Leader, and such 
     resolution shall be placed on the appropriate calendar of the 
     House involved.
       ``(d)(1) 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 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) 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 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) 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) The resolution of the other House shall not be 
     referred to a committee.
       ``(2) 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) 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. 803. Special rule on statutory, regulatory, and 
       judicial deadlines

       ``(a) In the case of any deadline for, relating to, or 
     involving any rule which does not take effect (or the 
     effectiveness of which is terminated) because of enactment of 
     a joint resolution under section 802, that deadline is 
     extended until the date 1 year 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 801(a).
       ``(b) 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. 804. Definitions

       ``(a) For purposes of this chapter--
       ``(1) the term `Federal agency' means any agency as that 
     term is defined in section 551(1) (relating to administrative 
     procedure);
       ``(2) the term `major rule' has the same meaning given such 
     term in section 621(5); and
       ``(3) the term `final rule' means any final rule or interim 
     final rule.
       ``(b) As used in subsection (a)(3), the term `rule' has the 
     meaning given such term in section 551, except that such term 
     does not include any rule of particular applicability 
     including a rule that approves or prescribes for the future 
     rates, wages, prices, services, or allowances therefor, 
     corporate or financial structures, reorganizations, mergers, 
     or acquisitions thereof, or accounting practices or 
     disclosures bearing on any of the foregoing or any rule of 
     agency organization, personnel, procedure, practice or any 
     routine matter.

     ``Sec. 805. Judicial review

       ``No determination, finding, action, or omission under this 
     chapter shall be subject to judicial review.

     ``Sec. 806. Applicability; severability

       ``(a) This chapter shall apply notwithstanding any other 
     provision of law.
       ``(b) If any provision of this chapter or the application 
     of any provision of this chapter to any person or 
     circumstance, is held invalid, the application of such 
     provision to other persons or circumstances, and the 
     remainder of this chapter, shall not be affected thereby.

     ``Sec. 807. Exemption for monetary policy

       ``Nothing in this chapter shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.''.
       (c) Effective Date.--The amendment made by subsection (b) 
     shall take effect on the date of enactment of this Act and 
     shall 

[[Page S10025]]
     apply to any rule that takes effect as a final rule on or after such 
     effective date.
       (d) Technical Amendment.--The table of chapters for part I 
     of title 5, United States Code, is amended by inserting 
     immediately after the item relating to chapter 7 the 
     following:

``8. Congressional Review of Agency Rulemaking...............801''.....
     SEC. 7. REGULATORY ACCOUNTING.

       (a) Definitions.--For purposes of this section, the 
     following definitions apply:
       (1) Major rule.--The term ``major rule'' has the same 
     meaning as defined in section 621(5)(A)(i) of title 5, United 
     States Code. The term shall not include--
       (A) administrative actions governed by sections 556 and 557 
     of title 5, United States Code;
       (B) regulations issued with respect to a military or 
     foreign affairs function of the United States or a statute 
     implementing an international trade agreement; or
       (C) regulations related to agency organization, management, 
     or personnel.
       (2) Agency.--The term ``agency'' means any executive 
     department, military department, Government corporation, 
     Government controlled corporation, or other establishment in 
     the executive branch of the Government (including the 
     Executive Office of the President), or any independent 
     regulatory agency, but shall not include--
       (A) the General Accounting Office;
       (B) the Federal Election Commission;
       (C) the governments of the District of Columbia and of the 
     territories and possessions of the United States, and their 
     various subdivisions; or
       (D) Government-owned contractor-operated facilities, 
     including laboratories engaged in national defense research 
     and production activities.
       (b) Accounting Statement.--
       (1) In general.--(A) The President shall be responsible for 
     implementing and administering the requirements of this 
     section.
       (B) Not later than June 1, 1997, and each June 1 
     thereafter, the President shall prepare and submit to 
     Congress an accounting statement that estimates the annual 
     costs of major rules and corresponding benefits in accordance 
     with this subsection.
       (2) Years covered by accounting statement.--Each accounting 
     statement shall cover, at a minimum, the 5 fiscal years 
     beginning on October 1 of the year in which the report is 
     submitted and may cover any fiscal year preceding such fiscal 
     years for purpose of revising previous estimates.
       (3) Timing and procedures.--(A) The President shall provide 
     notice and opportunity for comment for each accounting 
     statement. The President may delegate to an agency the 
     requirement to provide notice and opportunity to comment for 
     the portion of the accounting statement relating to that 
     agency.
       (B) The President shall propose the first accounting 
     statement under this subsection not later than 2 years after 
     the date of enactment of this Act and shall issue the first 
     accounting statement in final form not later than 3 years 
     after such effective date. Such statement shall cover, at a 
     minimum, each of the fiscal years beginning after the date of 
     enactment of this Act.
       (4) Content of accounting statement.--(A) Each accounting 
     statement shall contain estimates of costs and benefits with 
     respect to each fiscal year covered by the statement in 
     accordance with this paragraph. For each such fiscal year for 
     which estimates were made in a previous accounting statement, 
     the statement shall revise those estimates and state the 
     reasons for the revisions.
       (B)(i) An accounting statement shall estimate the costs of 
     major rules by setting forth, for each year covered by the 
     statement--
       (I) the annual expenditure of national economic resources 
     for major rules, grouped by regulatory program; and
       (II) such other quantitative and qualitative measures of 
     costs as the President considers appropriate.
       (ii) For purposes of the estimate of costs in the 
     accounting statement, national economic resources shall 
     include, and shall be listed under, at least the following 
     categories:
       (I) Private sector costs.
       (II) Federal sector costs.
       (III) State and local government administrative costs.
       (C) An accounting statement shall estimate the benefits of 
     major rules by setting forth, for each year covered by the 
     statement, such quantitative and qualitative measures of 
     benefits as the President considers appropriate. Any 
     estimates of benefits concerning reduction in health, safety, 
     or environmental risks shall present the most plausible level 
     of risk practical, along with a statement of the reasonable 
     degree of scientific certainty.
       (c) Associated Report to Congress.--
       (1) In general.--At the same time as the President submits 
     an accounting statement under subsection (b), the President, 
     acting through the Director of the Office of Management and 
     Budget, shall submit to Congress a report associated with the 
     accounting statement (hereinafter referred to as an 
     ``associated report''). The associated report shall contain, 
     in accordance with this subsection--
       (A) analyses of impacts; and
       (B) recommendations for reform.
       (2) Analyses of impacts.--The President shall include in 
     the associated report the following:
       (A) Analyses prepared by the President of the cumulative 
     impact of major rules in Federal regulatory programs covered 
     in the accounting statement on the following:
       (i) The ability of State and local governments to provide 
     essential services, including police, fire protection, and 
     education.
       (ii) Small business.
       (iii) Productivity.
       (iv) Wages.
       (v) Economic growth.
       (vi) Technological innovation.
       (vii) Consumer prices for goods and services.
       (viii) Such other factors considered appropriate by the 
     President.
       (B) A summary of any independent analyses of impacts 
     prepared by persons commenting during the comment period on 
     the accounting statement.
       (3) Recommendations for reform.--The President shall 
     include in the associated report the following:
       (A) A summary of recommendations of the President for 
     reform or elimination of any Federal regulatory program or 
     program element that does not represent sound use of national 
     economic resources or otherwise is inefficient.
       (B) A summary of any recommendations for such reform or 
     elimination of Federal regulatory programs or program 
     elements prepared by persons commenting during the comment 
     period on the accounting statement.
       (d) Guidance From Office of Management and Budget.--The 
     Director of the Office of Management and Budget shall, in 
     consultation with the Council of Economic Advisers, provide 
     guidance to agencies--
       (1) to standardize measures of costs and benefits in 
     accounting statements prepared pursuant to sections 3 and 7 
     of this Act, including--
       (A) detailed guidance on estimating the costs and benefits 
     of major rules; and
       (B) general guidance on estimating the costs and benefits 
     of all other rules that do not meet the thresholds for major 
     rules; and
       (2) to standardize the format of the accounting statements.
       (e) Recommendations From Congressional Budget Office.--
     After each accounting statement and associated report 
     submitted to Congress, the Director of the Congressional 
     Budget Office shall make recommendations to the President--
       (1) for improving accounting statements prepared pursuant 
     to this section, including recommendations on level of detail 
     and accuracy; and
       (2) for improving associated reports prepared pursuant to 
     this section, including recommendations on the quality of 
     analysis.
       (f) Judicial Review.--No requirements under this section 
     shall be subject to judicial review in any manner.

     SEC. 8. STUDIES AND REPORTS.

       (a) Risk Assessments.--The Administrative Conference of the 
     United States shall--
       (1) develop and carry out an ongoing study of the operation 
     of the risk assessment requirements of subchapter III of 
     chapter 6 of title 5, United States Code (as added by section 
     4 of this Act); and
       (2) submit an annual report to the Congress on the findings 
     of the study.
       (b) Administrative Procedure Act.--Not later than December 
     31, 1996, the Administrative Conference of the United States 
     shall--
       (1) carry out a study of the operation of the 
     Administrative Procedure Act (as amended by section 3 of this 
     Act); and
       (2) submit a report to the Congress on the findings of the 
     study, including proposals for revision, if any.

     SEC. 9. MISCELLANEOUS PROVISIONS.

       (a) Effective Date.--Except as otherwise provided, this Act 
     and the amendments made by this Act shall take effect on the 
     date of enactment.
       (b) Severability.--If any provision of this Act, an 
     amendment made by this Act, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this Act, the 
     amendments made by this Act, and the application of the 
     provisions of such to any person or circumstance shall not be 
     affected thereby.
                                                                    ____

                           Amendment No. 1555

       In lieu of the language to be proposed, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive Regulatory 
     Reform Act of 1995''.

     SEC. 2. DEFINITIONS.

       Section 551 of title 5, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``this subchapter'' and inserting ``this chapter and chapters 
     7 and 8'';
       (2) in paragraph (13), by striking ``and'';
       (3) in paragraph (14), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following new paragraph:
       ``(15) `Director' means the Director of the Office of 
     Management and Budget.''.

     SEC. 3. RULEMAKING.

       Section 553 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 553. Rulemaking

       ``(a) Applicability.--This section applies to every 
     rulemaking, according to the provisions thereof, except to 
     the extent that there is involved--
       ``(1) a matter pertaining to a military or foreign affairs 
     function of the United States;

[[Page S10026]]

       ``(2) a matter relating to the management or personnel 
     practices of an agency;
       ``(3) an interpretive rule, general statement of policy, 
     guidance, or rule of agency organization, procedure, or 
     practice, unless such rule, statement, or guidance has 
     general applicability and substantially alters or creates 
     rights or obligations of persons outside the agency; or
       ``(4) a rule relating to the acquisition, management, or 
     disposal by an agency of real or personal property, or of 
     services, that is promulgated in compliance with otherwise 
     applicable criteria and procedures.
       ``(b) Notice of Proposed Rulemaking.--General notice of 
     proposed rulemaking shall be published in the Federal 
     Register, unless all persons subject thereto are named and 
     either personally served or otherwise have actual notice of 
     the proposed rulemaking in accordance with law. Each notice 
     of proposed rulemaking shall include--
       ``(1) a statement of the time, place, and nature of public 
     rulemaking proceedings;
       ``(2) a succinct explanation of the need for and specific 
     objectives of the proposed rule, including an explanation of 
     the agency's determination of whether or not the rule is a 
     major rule within the meaning of section 621(5);
       ``(3) a succinct explanation of the specific statutory 
     basis for the proposed rule, including an explanation of--
       ``(A) whether the interpretation is clearly required by the 
     text of the statute; or
       ``(B) if the interpretation is not clearly required by the 
     text of the statute, an explanation that the interpretation 
     is within the range of permissible interpretations of the 
     statute as identified by the agency, and an explanation why 
     the interpretation selected by the agency is the agency's 
     preferred interpretation;
       ``(4) the terms or substance of the proposed rule;
       ``(5) a summary of any initial analysis of the proposed 
     rule required to be prepared or issued pursuant to chapter 6;
       ``(6) a statement that the agency seeks proposals from the 
     public and from State and local governments for alternative 
     methods to accomplish the objectives of the rulemaking that 
     are more effective or less burdensome than the approach used 
     in the proposed rule; and
       ``(7) a statement specifying where the file of the 
     rulemaking proceeding maintained pursuant to subsection (j) 
     may be inspected and how copies of the items in the file may 
     be obtained.
       ``(c) Period for Comment.--The agency shall give interested 
     persons not less than 60 days after providing the notice 
     required by subsection (b) to participate in the rulemaking 
     through the submission of written data, views, or arguments.
       ``(d) Good Cause Exception.--Unless notice or hearing is 
     required by statute, a final rule may be adopted and may 
     become effective without prior compliance with subsections 
     (b) and (c) and (e) through (g) if the agency for good cause 
     finds that providing notice and public procedure thereon 
     before the rule becomes effective is impracticable, 
     unnecessary, or contrary to the public interest. If a rule is 
     adopted under this subsection, the agency shall publish the 
     rule in the Federal Register with the finding and a succinct 
     explanation of the reasons therefor.
       ``(e) Procedural Flexibility.--To collect relevant 
     information, and to identify and elicit full and 
     representative public comment on the significant issues of a 
     particular rulemaking, the agency may use such other 
     procedures as the agency determines are appropriate, 
     including--
       ``(1) the publication of an advance notice of proposed 
     rulemaking;
       ``(2) the provision of notice, in forms which are more 
     direct than notice published in the Federal Register, to 
     persons who would be substantially affected by the proposed 
     rule but who are unlikely to receive notice of the proposed 
     rulemaking through the Federal Register;
       ``(3) the provision of opportunities for oral presentation 
     of data, views, information, or rebuttal arguments at 
     informal public hearings, meetings, and round table 
     discussions, which may be held in the District of Columbia 
     and other locations;
       ``(4) the establishment of reasonable procedures to 
     regulate the course of informal public hearings, meetings and 
     round table discussions, including the designation of 
     representatives to make oral presentations or engage in 
     direct or cross-examination on behalf of several parties with 
     a common interest in a rulemaking, and the provision of 
     transcripts, summaries, or other records of all such public 
     hearings and summaries of meetings and round table 
     discussions;
       ``(5) the provision of summaries, explanatory materials, or 
     other technical information in response to public inquiries 
     concerning the issues involved in the rulemaking; and
       ``(6) the adoption or modification of agency procedural 
     rules to reduce the cost or complexity of the procedural 
     rules.
       ``(f) Planned Final Rule.--If the provisions of a final 
     rule that an agency plans to adopt are so different from the 
     provisions of the original notice of proposed rulemaking that 
     the original notice did not fairly apprise the public of the 
     issues ultimately to be resolved in the rulemaking or of the 
     substance of the rule, the agency shall publish in the 
     Federal Register a notice of the final rule the agency plans 
     to adopt, together with the information relevant to such rule 
     that is required by the applicable provisions of this section 
     and that has not previously been published in the Federal 
     Register. The agency shall allow a reasonable period for 
     comment on such planned final rule prior to its adoption.
       ``(g) Statement of Basis and Purpose.--An agency shall 
     publish each final rule it adopts in the Federal Register, 
     together with a concise statement of the basis and purpose of 
     the rule and a statement of when the rule may become 
     effective. The statement of basis and purpose shall include--
       ``(1) an explanation of the need for, objectives of, and 
     specific statutory authority for, the rule;
       ``(2) a discussion of, and response to, any significant 
     factual or legal issues presented by the rule, or raised by 
     the comments on the proposed rule, including a description of 
     the reasonable alternatives to the rule proposed by the 
     agency and by interested persons, and the reasons why such 
     alternatives were rejected;
       ``(3) a succinct explanation of whether the specific 
     statutory basis for the rule is expressly required by the 
     text of the statute, or if the specific statutory 
     interpretation upon which the rule is based is not expressly 
     required by the text of the statute, an explanation that the 
     interpretation is within the range of permissible 
     interpretations of the statute as identified by the agency, 
     and why the agency has rejected other interpretations 
     proposed in comments to the agency;
       ``(4) an explanation of how the factual conclusions upon 
     which the rule is based are substantially supported in the 
     rulemaking file; and
       ``(5) a summary of any final analysis of the rule required 
     to be prepared or issued pursuant to chapter 6.
       ``(h) Nonapplicability.--In the case of a rule that is 
     required by statute to be made on the record after 
     opportunity for an agency hearing, sections 556 and 557 shall 
     apply in lieu of subsections (c), (e), (f), and (g).
       ``(i) Effective Date.--An agency shall publish the final 
     rule in the Federal Register not later than 60 days before 
     the effective date of such rule. An agency may make a rule 
     effective in less than 60 days after publication in the 
     Federal Register if the rule grants or recognizes an 
     exemption, relieves a restriction, or if the agency for good 
     cause finds that such a delay in the effective date would be 
     contrary to the public interest and publishes such finding 
     and an explanation of the reasons therefor, with the final 
     rule.
       ``(j) Rulemaking File.--(1) The agency shall maintain a 
     file for each rulemaking proceeding conducted pursuant to 
     this section and shall maintain a current index to such file.
       ``(2) Except as provided in subsection (k), the file shall 
     be made available to the public not later than the date on 
     which the agency makes an initial publication concerning the 
     rule.
       ``(3) The rulemaking file shall include--
       ``(A) the notice of proposed rulemaking, any supplement to, 
     or modification or revision of, such notice, and any advance 
     notice of proposed rulemaking;
       ``(B) copies of all written comments received on the 
     proposed rule;
       ``(C) a transcript, summary, or other record of any public 
     hearing conducted on the rulemaking;
       ``(D) copies, or an identification of the place at which 
     copies may be obtained, of factual and methodological 
     material that pertains directly to the rulemaking and that 
     was considered by the agency in connection with the 
     rulemaking, or that was submitted to or prepared by or for 
     the agency in connection with the rulemaking; and
       ``(E) any statement, description, analysis, or other 
     material that the agency is required to prepare or issue in 
     connection with the rulemaking, including any analysis 
     prepared or issued pursuant to chapter 6.

     The agency shall place each of the foregoing materials in the 
     file as soon as practicable after each such material becomes 
     available to the agency.
       ``(k) Confidential Treatment.--The file required by 
     subsection (j) need not include any material described in 
     section 552(b) if the agency includes in the file a statement 
     that notes the existence of such material and the basis upon 
     which the material is exempt from public disclosure under 
     such section. The agency may not substantially rely on any 
     such material in formulating a rule unless it makes the 
     substance of such material available for adequate comment by 
     interested persons. The agency may use summaries, 
     aggregations of data, or other appropriate mechanisms to 
     protect the confidentiality of such material to the maximum 
     extent possible.
       ``(l) Rulemaking Petition.--(1) Each agency shall give an 
     interested person the right to petition--
       ``(A) for the issuance, amendment, or repeal of a rule;
       ``(B) for the amendment or repeal of an interpretive rule 
     or general statement of policy or guidance; and
       ``(C) for an interpretation regarding the meaning of a 
     rule, interpretive rule, general statement of policy, or 
     guidance.
       ``(2) The agency shall grant or deny a petition made 
     pursuant to paragraph (1), and give written notice of its 
     determination to the petitioner, with reasonable promptness, 
     but in no event later than 18 months after the petition was 
     received by the agency.
       ``(3) The written notice of the agency's determination 
     shall include an explanation of the determination and a 
     response to each 

[[Page S10027]]
     significant factual and legal claim that forms the basis of the 
     petition.
       ``(m) Judicial Review.--(1) The decision of an agency to 
     use or not to use procedures in a rulemaking under subsection 
     (e) shall not be subject to judicial review.
       ``(2) The rulemaking file required under subsection (j) 
     shall constitute the rulemaking record for purposes of 
     judicial review.
       ``(3) No court shall hold unlawful or set aside an agency 
     rule based on a violation of subsection (j), unless the court 
     finds that such violation has precluded fair public 
     consideration of a material issue of the rulemaking taken as 
     a whole.
       ``(4)(A) Judicial review of compliance or noncompliance 
     with subsection (j) shall be limited to review of action or 
     inaction on the part of an agency.
       ``(B) A decision by an agency to deny a petition under 
     subsection (l) shall be subject to judicial review 
     immediately upon denial, as final agency action under the 
     statute granting the agency authority to carry out its 
     action.
       ``(n) Construction.--(1) Notwithstanding any other 
     provision of law, this section shall apply to and supplement 
     the procedures governing informal rulemaking under statutes 
     that are not generally subject to this section.
       ``(2) Nothing in this section authorizes the use of 
     appropriated funds available to any agency to pay the 
     attorney's fees or other expenses of persons intervening in 
     agency proceedings.''.

     SEC. 4. ANALYSIS OF AGENCY RULES.

       (a) In General.--Chapter 6 of title 5, United States Code, 
     is amended by adding at the end the following:

               ``SUBCHAPTER II--ANALYSIS OF AGENCY RULES

     ``Sec. 621. Definitions

       ``For purposes of this subchapter--
       ``(1) except as otherwise provided, the definitions under 
     section 551 shall apply to this subchapter;
       ``(2) the term `benefit' means the reasonably identifiable 
     significant favorable effects, quantifiable and 
     nonquantifiable, including social, environmental, health, and 
     economic effects, that are expected to result directly or 
     indirectly from implementation of a rule or other agency 
     action;
       ``(3) the term `cost' means the reasonably identifiable 
     significant adverse effects, quantifiable and 
     nonquantifiable, including social, environmental, health, and 
     economic effects that are expected to result directly or 
     indirectly from implementation of a rule or other agency 
     action;
       ``(4) the term `cost-benefit analysis' means an evaluation 
     of the costs and benefits of a rule, quantified to the extent 
     feasible and appropriate and otherwise qualitatively 
     described, that is prepared in accordance with the 
     requirements of this subchapter at the level of detail 
     appropriate and practicable for reasoned decisionmaking on 
     the matter involved, taking into consideration the 
     significance and complexity of the decision and any need for 
     expedition;
       ``(5) the term `major rule' means--
       ``(A) a rule or set of closely related rules that the 
     agency proposing the rule, the Director, or a designee of the 
     President determines is likely to have a gross annual effect 
     on the economy of $50,000,000 or more in reasonably 
     quantifiable increased costs; or
       ``(B) a rule that is otherwise designated a major rule by 
     the agency proposing the rule, the Director, or a designee of 
     the President (and a designation or failure to designate 
     under this clause shall not be subject to judicial review);
       ``(6) the term `market-based mechanism' means a regulatory 
     program that--
       ``(A) imposes legal accountability for the achievement of 
     an explicit regulatory objective on each regulated person;
       ``(B) affords maximum flexibility to each regulated person 
     in complying with mandatory regulatory objectives, which 
     flexibility shall, where feasible and appropriate, include, 
     but not be limited to, the opportunity to transfer to, or 
     receive from, other persons, including for cash or other 
     legal consideration, increments of compliance responsibility 
     established by the program; and
       ``(C) permits regulated persons to respond to changes in 
     general economic conditions and in economic circumstances 
     directly pertinent to the regulatory program without 
     affecting the achievement of the program's explicit 
     regulatory mandates;
       ``(7) the term `performance-based standards' means 
     requirements, expressed in terms of outcomes or goals rather 
     than mandatory means of achieving outcomes or goals, that 
     permit the regulated entity discretion to determine how best 
     to meet specific requirements in particular circumstances;
       ``(8) the term `reasonable alternatives' means the range of 
     reasonable regulatory options that the agency has authority 
     to consider under the statute granting rulemaking authority, 
     including flexible regulatory options of the type described 
     in section 622(c)(2)(C)(iii), unless precluded by the statute 
     granting the rulemaking authority; and
       ``(9) the term `rule' has the same meaning as in section 
     551(4), and--
       ``(A) includes any statement of general applicability that 
     substantially alters or creates rights or obligations of 
     persons outside the agency; and
       ``(B) does not include--
       ``(i) a rule that involves the internal revenue laws of the 
     United States, or the assessment and collection of taxes, 
     duties, or other revenues or receipts;
       ``(ii) a rule or agency action that implements an 
     international trade agreement to which the United States is a 
     party;
       ``(iii) a rule or agency action that authorizes the 
     introduction into commerce, or recognizes the marketable 
     status, of a product;
       ``(iv) a rule exempt from notice and public procedure under 
     section 553(a);
       ``(v) a rule or agency action relating to the public debt;
       ``(vi) a rule required to be promulgated at least annually 
     pursuant to statute, or that provides relief, in whole or in 
     part, from a statutory prohibition, other than a rule 
     promulgated pursuant to subtitle C of title II of the Solid 
     Waste Disposal Act (42 U.S.C. 6921 et seq.);
       ``(vii) a rule of particular applicability that approves or 
     prescribes the future rates, wages, prices, services, 
     corporate or financial structures, reorganizations, mergers, 
     acquisitions, accounting practices, or disclosures bearing on 
     any of the foregoing;
       ``(viii) a rule relating to monetary policy or to the 
     safety or soundness of federally insured depository 
     institutions or any affiliate of such an institution (as 
     defined in section 2(k) of the Bank Holding Company Act of 
     1956 (12 U.S.C. 1841(k))), credit unions, Federal Home Loan 
     Banks, government sponsored housing enterprises, farm credit 
     institutions, foreign banks that operate in the United States 
     and their affiliates, branches, agencies, commercial lending 
     companies, or representative offices, (as those terms are 
     defined in section 1 of the International Banking Act of 1978 
     (12 U.S.C. 3101));
       ``(ix) a rule relating to the payment system or the 
     protection of deposit insurance funds or the farm credit 
     insurance fund;
       ``(x) any order issued in a rate or certificate proceeding 
     by the Federal Energy Regulatory Commission, or a rule of 
     general applicability that the Federal Energy Regulatory 
     Commission certifies would increase reliance on competitive 
     market forces or reduce regulatory burdens;
       ``(xi) a rule or order relating to the financial 
     responsibility of brokers and dealers or futures commission 
     merchants, the safeguarding of investor securities and funds 
     or commodity future or options customer securities and funds, 
     the clearance and settlement of securities, futures, or 
     options transactions, or the suspension of trading under the 
     Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or 
     emergency action taken under the Commodity Exchange Act (7 
     U.S.C. 1 et seq.), or a rule relating to the protection of 
     the Securities Investor Protection Corporation, that is 
     promulgated under the Securities Investor Protection Act of 
     1970 (15 U.S.C. 78aaa et seq.); or
       ``(xii) a rule that involves the international trade laws 
     of the United States.
     ``Sec. 622. Rulemaking cost-benefit analysis

       ``(a) Determinations for Major Rule.--Prior to publishing a 
     notice of proposed rulemaking for any rule (or, in the case 
     of a notice of proposed rulemaking that has been published 
     but not issued as a final rule on or before the date of 
     enactment of this subchapter, not later than 30 days after 
     such date of enactment), each agency shall determine--
       ``(1) whether the rule is or is not a major rule within the 
     meaning of section 621(5)(A)(i) and, if it is not, whether it 
     should be designated as a major rule under section 621(5)(B); 
     and
       ``(2) if the agency determines that the rule is a major 
     rule, or otherwise designates it as a major rule, whether the 
     rule requires or does not require the preparation of a risk 
     assessment under section 632(a).
       ``(b) Designation.--(1) If an agency has determined that a 
     rule is not a major rule within the meaning of section 
     621(5)(A) and has not designated the rule as a major rule 
     within the meaning of section 621(5)(B), the Director or a 
     designee of the President may, as appropriate, determine that 
     the rule is a major rule or designate the rule as a major 
     rule not later than 30 days after the publication of the 
     notice of proposed rulemaking for the rule (or, in the case 
     of a notice of proposed rulemaking that has been published on 
     or before the date of enactment of this subchapter, not later 
     than 1 year after such date of enactment).
       ``(2) Such determination or designation shall be published 
     in the Federal Register, together with a succinct statement 
     of the basis for the determination or designation.
       ``(c) Initial Cost-Benefit Analysis.--(1)(A) When the 
     agency publishes a notice of proposed rulemaking for a major 
     rule, the agency shall issue and place in the rulemaking file 
     an initial cost-benefit analysis, and shall include a summary 
     of such analysis in the notice of proposed rulemaking.
       ``(B)(i) When an agency, the Director, or a designee of the 
     President has published a determination or designation that a 
     rule is a major rule after the publication of the notice of 
     proposed rulemaking for the rule, the agency shall promptly 
     issue and place in the rulemaking file an initial cost-
     benefit analysis for the rule and shall publish in the 
     Federal Register a summary of such analysis.
       ``(ii) Following the issuance of an initial cost-benefit 
     analysis under clause (i), the agency shall give interested 
     persons an opportunity to comment in the same manner as if 
     the initial cost-benefit analysis had been issued with the 
     notice of proposed rulemaking.
       ``(2) Each initial cost-benefit analysis shall contain--
       ``(A) a succinct analysis of the benefits of the proposed 
     rule, including any beneficial 

[[Page S10028]]
     effects that cannot be quantified, and an explanation of how the agency 
     anticipates such benefits will be achieved by the proposed 
     rule, including a description of the persons or classes of 
     persons likely to receive such benefits;
       ``(B) a succinct analysis of the costs of the proposed 
     rule, including any costs that cannot be quantified, and an 
     explanation of how the agency anticipates such costs will 
     result from the proposed rule, including a description of the 
     persons or classes of persons likely to bear such costs;
       ``(C) a succinct description (including an analysis of the 
     costs and benefits) of reasonable alternatives for achieving 
     the objectives of the statute, including, where such 
     alternatives exist, alternatives that--
       ``(i) require no government action, where the agency has 
     discretion under the statute granting the rulemaking 
     authority not to promulgate a rule;
       ``(ii) will accommodate differences among geographic 
     regions and among persons with differing levels of resources 
     with which to comply;
       ``(iii) employ performance-based standards, market-based 
     mechanisms, or other flexible regulatory options that permit 
     the greatest flexibility in achieving the regulatory result 
     that the statutory provision authorizing the rule is designed 
     to produce; or
       ``(iv) employ voluntary standards;
       ``(D) in any case in which the proposed rule is based on 
     one or more scientific evaluations, scientific information, 
     or a risk assessment, or is subject to the risk assessment 
     requirements of subchapter III, a description of the actions 
     undertaken by the agency to verify the quality, reliability, 
     and relevance of such scientific evaluation, scientific 
     information, or risk assessment; and
       ``(E) an explanation of how the proposed rule is likely to 
     meet the decisional criteria of section 624.
       ``(d) Final Cost-Benefit Analysis.--(1) When the agency 
     publishes a final major rule, the agency shall also issue and 
     place in the rulemaking file a final cost-benefit analysis, 
     and shall include a summary of the analysis in the statement 
     of basis and purpose.
       ``(2) Each final cost-benefit analysis shall contain--
       ``(A) a description and comparison of the benefits and 
     costs of the rule and of the reasonable alternatives to the 
     rule described in the rulemaking record, including flexible 
     regulatory options of the type described in subsection 
     (c)(2)(C)(iii), and a description of the persons likely to 
     receive such benefits and bear such costs; and
       ``(B) an analysis, based upon the rulemaking record 
     considered as a whole, of how the rule meets the decisional 
     criteria in section 624.
       ``(3) In considering the benefits and costs, the agency, 
     when appropriate, shall consider the benefits and costs 
     incurred by all of the affected persons or classes of persons 
     (including specially affected subgroups).
       ``(e) Requirements for Cost-Benefit Analyses.--(1)(A) The 
     description of the benefits and costs of a proposed and a 
     final rule required under this section shall include, to the 
     extent feasible, a quantification or numerical estimate of 
     the quantifiable benefits and costs.
       ``(B) The quantification or numerical estimate shall--
       ``(i) be made in the most appropriate unit of measurement, 
     using comparable assumptions, including time periods;
       ``(ii) specify the ranges of predictions; and
       ``(iii) explain the margins of error involved in the 
     quantification methods and the uncertainties and 
     variabilities in the estimates used.
       ``(C) An agency shall describe the nature and extent of the 
     nonquantifiable benefits and costs of a final rule pursuant 
     to this section in as precise and succinct a manner as 
     possible.
       ``(D) The agency evaluation of the relationship of benefits 
     to costs shall be clearly articulated.
       ``(E) An agency shall not be required to make such 
     evaluation primarily on a mathematical or numerical basis.
       ``(F) Nothing in this subsection shall be construed to 
     expand agency authority beyond the delegated authority 
     arising from the statute granting the rulemaking authority.
       ``(2) Where practicable and when understanding industry-by-
     industry effects is of central importance to a rulemaking, 
     the description of the benefits and costs of a proposed and 
     final rule required under this section shall describe such 
     benefits and costs on an industry by industry basis.
       ``(f) Health, Safety, or Emergency Exemption From Cost-
     Benefit Analysis.--(1) A major rule may be adopted and may 
     become effective without prior compliance with this 
     subchapter if--
       ``(A) the agency for good cause finds that conducting cost-
     benefit analysis is impracticable due to an emergency or 
     health or safety threat that is likely to result in 
     significant harm to the public or natural resources; and
       ``(B) the agency publishes in the Federal Register, 
     together with such finding, a succinct statement of the basis 
     for the finding.
       ``(2) Not later than 180 days after the promulgation of a 
     final major rule to which this section applies, the agency 
     shall comply with the provisions of this subchapter and, as 
     thereafter necessary, revise the rule.
     ``Sec. 623. Agency regulatory review

       ``(a) Preliminary Schedule for Rules.--(1) Not later than 1 
     year after the date of the enactment of this section, and 
     every 5 years thereafter, the head of each agency shall 
     publish in the Federal Register a notice of proposed 
     rulemaking under section 553 that contains a preliminary 
     schedule of rules selected for review under this section by 
     the head of the agency and in the sole discretion of the head 
     of the agency, and request public comment thereon, including 
     suggestions for additional rules warranting review. The 
     agency shall allow at least 180 days for public comment.
       ``(2) In selecting rules for the preliminary schedule, the 
     head of the agency shall consider the extent to which, in the 
     judgment of the head of the agency--
       ``(A) a rule is unnecessary, and the agency has discretion 
     under the statute authorizing the rule to repeal the rule;
       ``(B) a rule would not meet the decisional criteria of 
     section 624, and the agency has discretion under the statute 
     authorizing the rule to repeal the rule; or
       ``(C) a rule could be revised in a manner allowed by the 
     statute authorizing the rule so as to--
       ``(i) substantially decrease costs;
       ``(ii) substantially increase benefits; or
       ``(iii) provide greater flexibility for regulated entities, 
     through mechanisms including, but not limited to, those 
     listed in section 622(c)(2)(C)(iii).
       ``(3) The preliminary schedule under this subsection shall 
     propose deadlines for review of each rule listed thereon, and 
     such deadlines shall occur not later than 11 years from the 
     date of publication of the preliminary schedule.
       ``(4) Any interpretive rule, general statement of policy, 
     or guidance that has the force and effect of a rule under 
     section 621(9) shall be treated as a rule for purposes of 
     this section.
       ``(b) Schedule.--(1) Not later than 1 year after 
     publication of a preliminary schedule under subsection (a), 
     and subject to subsection (c), the head of each agency shall 
     publish a final rule that establishes a schedule of rules to 
     be reviewed by the agency under this section.
       ``(2) The schedule shall establish a deadline for 
     completion of the review of each rule listed on the schedule, 
     taking into account the criteria in subsection (d) and 
     comments received in the rulemaking under subsection (a). 
     Each such deadline shall occur not later than 11 years from 
     the date of publication of the preliminary schedule.
       ``(3) The schedule shall contain, at a minimum, all rules 
     listed on the preliminary schedule.
       ``(4) The head of the agency shall modify the agency's 
     schedule under this section to reflect any change ordered by 
     the court under subsection (e) or subsection (g)(3) or 
     contained in an appropriations Act under subsection (f).
       ``(c) Petitions and Comments Proposing Addition of Rules to 
     the Schedule.--(1) Notwithstanding section 553(l), a petition 
     to amend or repeal a major rule or an interpretative rule, 
     general statement of policy, or guidance on grounds arising 
     under this subchapter may only be filed during the 180-day 
     comment period under subsection (a) and not at any other 
     time. Such petition shall be reviewed only in accordance with 
     this subsection.
       ``(2) The head of the agency shall, in response to 
     petitions received during the rulemaking to establish the 
     schedule, place on the final schedule for the completion of 
     review within the first 3 years of the schedule any rule for 
     which a petition, on its face, together with any relevant 
     comments received in the rulemaking under subsection (a), 
     establishes that there is a substantial likelihood that, 
     considering the future impact of the rule--
       ``(A) the rule is a major rule under section 621(5)(A); and
       (B) the head of the agency would not be able to make the 
     findings required by section 624 with respect to the rule.
       ``(3) For the purposes of paragraph (2), the head of the 
     agency may consolidate multiple petitions on the same rule 
     into 1 determination with respect to review of the rule.
       ``(4) The head of the agency may, at the sole discretion of 
     the head of the agency, add to the schedule any other rule 
     suggested by a commentator during the rulemaking under 
     subsection (a).
       ``(d) Criteria for Establishing Deadlines for Review.--The 
     schedules in subsections (a) and (b) shall establish 
     deadlines for review of each rule on the schedule that take 
     into account--
       ``(1) the extent to which, for a particular rule, the 
     preliminary views of the agency are that--
       ``(A) the rule is unnecessary, and the agency has 
     discretion under the statute authorizing the rule to repeal 
     the rule;
       ``(B) the rule would not meet the decisional criteria of 
     section 624, and the agency has discretion under the statute 
     authorizing the rule to repeal the rule; or
       ``(C) the rule could be revised in a manner allowed by the 
     statute authorizing the rule so as to meet the decisional 
     criteria under section 624 and to--
       ``(i) substantially decrease costs;
       ``(ii) substantially increase benefits; or
       ``(iii) provide greater flexibility for regulated entities, 
     through mechanisms including, but not limited to, those 
     listed in section 622(c)(2)(C)(iii);
       ``(2) the importance of each rule relative to other rules 
     being reviewed under this section; and

[[Page S10029]]

       ``(3) the resources expected to be available to the agency 
     under subsection (f) to carry out the reviews under this 
     section.
       ``(e) Judicial Review.--(1) Notwithstanding section 625 and 
     except as provided otherwise in this subsection, agency 
     compliance or noncompliance with the requirements of this 
     section shall be subject to judicial review in accordance 
     with section 706 of this title.
       ``(2) The United States Court of Appeals for the District 
     of Columbia Circuit shall have exclusive jurisdiction to 
     review agency action pursuant to subsections (a), (b), and 
     (c).
       ``(3) A petition for review of final agency action under 
     subsection (b) or subsection (c) shall be filed not later 
     than 60 days after the agency publishes the final rule under 
     subsection (b).
       ``(4) The court upon review, for good cause shown, may 
     extend the 3-year deadline under subsection (c)(2) for a 
     period not to exceed 1 additional year.
       ``(5) The court shall remand to the agency any schedule 
     under subsection (b) only if final agency action under 
     subsection (b) is arbitrary or capricious. Agency action 
     under subsection (d) shall not be subject to judicial review.
       ``(f) Annual Budget.--(1) The President's annual budget 
     proposal submitted under section 1105(a) of title 31 for each 
     agency subject to this section shall--
       ``(A) identify as a separate sum the amount requested to be 
     appropriated for implementation of this section during the 
     upcoming fiscal year; and
       ``(B) include a list of rules which may terminate during 
     the year for which the budget proposal is made.
       ``(2) Amendments to the schedule under subsection (b) that 
     change a deadline for review of a rule may be included in 
     annual appropriations Acts for the relevant agencies. An 
     authorizing committee with jurisdiction may submit, to the 
     House of Representatives or Senate appropriations committee 
     (as the case may be), amendments to the schedule published by 
     an agency under subsection (b) that change a deadline for 
     review of a rule. The appropriations committee to which such 
     amendments have been submitted shall include or propose the 
     amendments in the annual appropriations Act for the relevant 
     agency. Each agency shall modify its schedule under 
     subsection (b) to reflect such amendments that are enacted 
     into law.
       ``(g) Review of Rule.--(1) For each rule on the schedule 
     under subsection (b), the agency shall--
       ``(A) not later than 2 years before the deadline in such 
     schedule, publish in the Federal Register a notice that 
     solicits public comment regarding whether the rule should be 
     continued, amended, or repealed;
       ``(B) not later than 1 year before the deadline in such 
     schedule, publish in the Federal Register a notice that--
       ``(i) addresses public comments generated by the notice in 
     subparagraph (A);
       ``(ii) contains a preliminary analysis provided by the 
     agency of whether the rule is a major rule, and if so, 
     whether it satisfies the decisional criteria of section 624;
       ``(iii) contains a preliminary determination as to whether 
     the rule should be continued, amended, or repealed; and
       ``(iv) solicits public comment on the preliminary 
     determination for the rule; and
       ``(C) not later than 60 days before the deadline in such 
     schedule, publish in the Federal Register a final notice on 
     the rule that--
       ``(i) addresses public comments generated by the notice in 
     subparagraph (B); and
       ``(ii) contains a final determination of whether to 
     continue, amend, or repeal the rule; and
       ``(iii) if the agency determines to continue the rule and 
     the rule is a major rule, contains findings necessary to 
     satisfy the decisional criteria of section 624; and
       ``(iv) if the agency determines to amend the rule, contains 
     a notice of proposed rulemaking under section 553.
       ``(2) If the final determination of the agency is to 
     continue or repeal the rule, that determination shall take 
     effect 60 days after the publication in the Federal Register 
     of the notice in paragraph (1)(C).
       ``(3) An interested party may petition the U.S. Court of 
     Appeals for the District of Columbia Circuit to extend the 
     period for review of a rule on the schedule for up to two 
     years and to grant such equitable relief as is appropriate, 
     if such petition establishes that--
       ``(A) the rule is likely to terminate under subsection (i);
       ``(B) the agency needs additional time to complete the 
     review under this subsection;
       ``(C) terminating the rule would not be in the public 
     interest; and
       ``(D) the agency has not expeditiously completed its 
     review.
       ``(h) Deadline for Final Agency Action on Modified Rule.--
     If an agency makes a determination to amend a major rule 
     under subsection (g)(1)(C)(ii), the agency shall complete 
     final agency action with regard to such rule not later than 2 
     years of the date of publication of the notice in subsection 
     (g)(1)(C) containing such determination. Nothing in this 
     subsection shall limit the discretion of an agency to decide, 
     after having proposed to modify a major rule, not to 
     promulgate such modification. Such decision shall constitute 
     final agency action for the purposes of judicial review.
       ``(i) Termination of Rules.--If the head of an agency has 
     not completed the review of a rule by the deadline 
     established in the schedule published or modified pursuant to 
     subsection (b) and subsection (c), the head of the agency 
     shall not enforce the rule, and the rule shall terminate by 
     operation of law as of such date.
       ``(j) Final Agency Action.--(1) The final determination of 
     an agency to continue or repeal a major rule under subsection 
     (g)(1)(C) shall be considered final agency action.
       ``(2) Failure to promulgate an amended major rule or to 
     make other decisions required by subsection (h) by the date 
     established under such subsection shall be considered final 
     agency action.

     ``Sec. 624. Decisional criteria

       ``(a) Construction With Other Laws.--The requirements of 
     this section shall supplement, and not supersede, any other 
     decisional criteria otherwise provided by law.
       ``(b) Requirements.--Except as provided in subsection (c), 
     no final major rule subject to this subchapter shall be 
     promulgated unless the agency head publishes in the Federal 
     Register a finding that--
       ``(1) the benefits from the rule justify the costs of the 
     rule;
       ``(2) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii); and
       ``(3)(A) the rule adopts the least cost alternative of the 
     reasonable alternatives that achieve the objectives of the 
     statute; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment identified by the agency in the rulemaking record 
     make a more costly alternative that achieves the objectives 
     of the statute appropriate and in the public interest and the 
     agency head provides an explanation of those considerations, 
     the rule adopts the least cost alternative of the reasonable 
     alternatives necessary to take into account such 
     uncertainties or benefits; and
       ``(4) if a risk assessment is required by section 632--
       ``(A) the rule is likely to significantly reduce the human 
     health, safety, and environmental risks to be addressed; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment, preclude making the finding under subparagraph 
     (A), promulgating the final rule is nevertheless justified 
     for reasons stated in writing accompanying the rule and 
     consistent with subchapter III.
       ``(c) Alternative Requirements.--If, applying the statutory 
     requirements upon which the rule is based, a rule cannot 
     satisfy the criteria of subsection (b), the agency head may 
     promulgate the rule if the agency head finds that--
       ``(1) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii);
       ``(2)(A) the rule adopts the least cost alternative of the 
     reasonable alternatives that achieve the objectives of the 
     statute; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment identified by the agency in the rulemaking record 
     make a more costly alternative that achieves the objectives 
     of the statute appropriate and in the public interest, and 
     the agency head provides an explanation of those 
     consideration, the rule adopts the least cost alternative of 
     the reasonable alternatives necessary to take into account 
     such uncertainties or benefits; and
       ``(3) if a risk assessment is required by section 632--
       ``(A) the rule is likely to significantly reduce the human 
     health, safety, and environmental risks to be addressed; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment, preclude making the finding under subparagraph 
     (A), promulgating the final rule is nevertheless justified 
     for reasons stated in writing accompanying the rule and 
     consistent with subchapter III.
       ``(d) Publication of Reasons for Noncompliance.--If an 
     agency promulgates a rule to which subsection (c) applies, 
     the agency head shall prepare a written explanation of why 
     the agency was required to promulgate a rule that does not 
     satisfy the criteria of subsection (b) and shall transmit the 
     explanation with the final cost-benefit analysis to Congress 
     when the final rule is promulgated.
     ``Sec. 625. Jurisdiction and judicial review

       ``(a) Review.--Compliance or noncompliance by an agency 
     with the provisions of this subchapter and subchapter III 
     shall be subject to judicial review only in accordance with 
     this section.
       ``(b) Jurisdiction.--(1) Except as provided in subsection 
     (e), subject to paragraph (2), each court with jurisdiction 
     under a statute to review final agency action to which this 
     title applies, has jurisdiction to review any claims of 
     noncompliance with this subchapter and subchapter III.
       ``(2) Except as provided in subsection (e), no claims of 
     noncompliance with this subchapter or subchapter III shall be 
     reviewed separate or apart from judicial review of the final 
     agency action to which they relate.
       ``(c) Record.--Any analysis or review required under this 
     subchapter or subchapter III shall constitute part of the 
     rulemaking record of the final agency action to which it 
     pertains for the purposes of judicial review.
       ``(d) Standards for Review.--In any proceeding involving 
     judicial review under section 706 or under the statute 
     granting the rulemaking authority, failure to comply 

[[Page S10030]]
     with this subchapter or subchapter III may be considered by the court 
     solely for the purpose of determining whether the final 
     agency action is arbitrary and capricious or an abuse of 
     discretion (or unsupported by substantial evidence where that 
     standard is otherwise provided by law).
       ``(e) Interlocutory Review.--(1) The United States Court of 
     Appeals for the District of Columbia Circuit shall have 
     jurisdiction to review--
       ``(A) an agency determination that a rule is not a major 
     rule pursuant to section 622(a); and
       ``(B) an agency determination that a risk assessment is not 
     required pursuant to section 632(a).
       ``(2) A petition for review of agency action under 
     paragraph (1) shall be filed within 60 days after the agency 
     makes the determination or certification for which review is 
     sought.
       ``(3) Except as provided in this subsection, no court shall 
     have jurisdiction to review any agency determination or 
     certification specified in paragraph (1).

     ``Sec. 626. Deadlines for rulemaking

       ``(a) Statutory.--All deadlines in statutes that require 
     agencies to propose or promulgate any rule subject to section 
     622 or subchapter III during the 5-year period beginning on 
     the effective date of this section shall be suspended until 
     the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 2 years after the date of the 
     applicable deadline.
       ``(b) Court-Ordered.--All deadlines imposed by any court of 
     the United States that would require an agency to propose or 
     promulgate a rule subject to section 622 or subchapter III 
     during the 5-year period beginning on the effective date of 
     this section shall be suspended until the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 2 years after the date of the 
     applicable deadline.
       ``(c) Obligation To Regulate.--In any case in which the 
     failure to promulgate a rule by a deadline occurring during 
     the 5-year period beginning on the effective date of this 
     section would create an obligation to regulate through 
     individual adjudications, the deadline shall be suspended 
     until the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 2 years after the date of the 
     applicable deadline.

     ``Sec. 627. Special rule

       ``Notwithstanding any other provision of the Comprehensive 
     Regulatory Reform Act of 1995, or the amendments made by such 
     Act, for purposes of this subchapter and subchapter IV, the 
     head of each appropriate Federal banking agency (as defined 
     in section 3(q) of the Federal Deposit Insurance Act), the 
     National Credit Union Administration, the Federal Housing 
     Finance Board, the Office of Federal Housing Enterprise 
     Oversight, and the Farm Credit Administration, shall have 
     authority with respect to such agency that otherwise would be 
     provided under such subchapters to the Director, a designee 
     of the President, Vice President, or any officer designated 
     or delegated with authority under such subchapters.

     ``Sec. 628. Requirements for major environmental management 
       activities

       ``(a) Definition.--For purposes of this section, the term 
     `major environmental management activity' means--
       ``(1) a corrective action requirement under the Solid Waste 
     Disposal Act;
       ``(2) a response action or damage assessment under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       ``(3) the treatment, storage, or disposal of radioactive or 
     mixed waste in connection with site restoration activity; and
       ``(4) Federal guidelines for the conduct of such activity, 
     including site-specific guidelines,

     the expected costs, expenses, and damages of which are likely 
     to exceed, in the aggregate, $10,000,000.
       ``(b) Applicability.--A major environmental management 
     activity is subject to this section unless construction has 
     commenced on a significant portion of the activity, and--
       ``(1) it is more cost-effective to complete construction of 
     the work than to apply the provisions of this subchapter; or
       ``(2) the application of the provisions of this subchapter, 
     including any delays caused thereby, will result in an actual 
     and immediate risk to human health or welfare.
       ``(c) Requirement To Prepare Risk Assessment.--(1) For each 
     major environmental management activity or significant unit 
     thereof that is proposed by the agency after the date of 
     enactment of this subchapter, is pending on the date of 
     enactment of this subchapter, or is subject to a granted 
     petition for review pursuant to section 623, the head of an 
     agency shall prepare--
       ``(A) a risk assessment in accordance with subchapter III; 
     and
       ``(B) a cost-benefit analysis equivalent to that which 
     would be required under this subchapter, if such subchapter 
     were applicable.
       ``(2) In conducting a risk assessment or cost-benefit 
     analysis under this section, the head of the agency shall 
     incorporate the reasonably anticipated probable future use of 
     the land and its surroundings (and any associated media and 
     resources of either) affected by the environmental management 
     activity.
       ``(3) For actions pending on the date of enactment of this 
     section or proposed during the year following the date of 
     enactment of this section, in lieu of preparing a risk 
     assessment in accordance with subchapter III or cost-benefit 
     analysis under this subchapter, an agency may use other 
     appropriately developed analyses that allow it to make the 
     judgments required under subsection (d).
       ``(d) Requirement.--The requirements of this subsection 
     shall supplement, and not supersede, any other requirement 
     provided by any law. A major environmental management 
     activity under this section shall meet the decisional 
     criteria under section 624 as if it is a major rule under 
     such section.

     ``Sec. 629. Petition for alternative method of compliance

       ``(a) Except as provided in subsection (e), or unless 
     prohibited by the statute authorizing the rule, any person 
     subject to a major rule may petition the relevant agency to 
     modify or waive the specific requirements of the major rule 
     (or any portion thereof) and to authorize such person to 
     demonstrate compliance through alternative means not 
     otherwise permitted by the major rule. The petition shall 
     identify with reasonable specificity the requirements for 
     which the waiver is sought and the alternative means of 
     compliance being proposed.
       ``(b) The agency shall grant the petition if the petition 
     shows that there is a reasonable likelihood that the proposed 
     alternative means of compliance--
       ``(1) would achieve the identified benefits of the major 
     rule with at least an equivalent level of protection of 
     health, safety, and the environment as would be provided by 
     the major rule; and
       ``(2) would not impose an undue burden on the agency that 
     would be responsible for enforcing such alternative means of 
     compliance.
       ``(c) A decision to grant or to deny a petition under this 
     subsection shall be made not later than 180 days after the 
     petition is submitted, but in no event shall agency action 
     taken pursuant to this section be subject to judicial review.
       ``(d) Following a decision to grant or deny a petition 
     under this section, no further petition for such rule, 
     submitted by the same person, shall be granted unless such 
     petition pertains to a different facility or installation 
     owned or operated by such person or unless such petition is 
     based on a significant change in a fact, circumstance, or 
     provision of law underlying or otherwise related to the rule 
     occurring since the initial petition was granted or denied, 
     that warrants the granting of such petition.
       ``(e) If the statute authorizing the rule which is the 
     subject of the petition provides procedures or standards for 
     an alternative method of compliance the petition shall be 
     reviewed solely under the terms of the statute.

                   ``SUBCHAPTER III--RISK ASSESSMENTS

     ``Sec. 631. Definitions

       ``For purposes of this subchapter--
       ``(1) except as otherwise provided, the definitions under 
     section 551 shall apply to this subchapter;
       ``(2) the term `exposure assessment' means the scientific 
     determination of the intensity, frequency and duration of 
     actual or potential exposures to the hazard in question;
       ``(3) the term `hazard assessment' means the scientific 
     determination of whether a hazard can cause an increased 
     incidence of one or more significant adverse effects, and a 
     scientific evaluation of the relationship between the degree 
     of exposure to a perceived cause of an adverse effect and the 
     incidence and severity of the effect;
       ``(4) the term `major rule' has the meaning given such term 
     in section 621(5);
       ``(5) the term `risk assessment' means the systematic 
     process of organizing and analyzing scientific knowledge and 
     information on potential hazards, including as appropriate 
     for the specific risk involved, hazard assessment, exposure 
     assessment, and risk characterization;
       ``(6) the term `risk characterization' means the 
     integration and organization of hazard and exposure 
     assessment to estimate the potential for specific harm to an 
     exposed population or natural resource including, to the 
     extent feasible, a characterization of the distribution of 
     risk as well as an analysis of uncertainties, variabilities, 
     conflicting information, and inferences and assumptions in 
     the assessment;
       ``(7) the term `screening analysis' means an analysis using 
     simple conservative postulates to arrive at an estimate of 
     upper bounds as appropriate, that permits the manager to 
     eliminate risks from further consideration and analysis, or 
     to help establish priorities for agency action; and
       ``(8) the term `substitution risk' means an increased risk 
     to human health, safety, or the environment reasonably likely 
     to result from a regulatory option.

     ``Sec. 632. Applicability

       ``(a) In General.--Except as provided in subsection (c), 
     for each proposed and final major rule, a primary purpose of 
     which is to protect human health, safety, or the environment, 
     or a consequence of which is a substantial substitution risk, 
     that is proposed by an agency after the date of enactment of 
     this subchapter, or is pending on the date of enactment of 
     this subchapter, the head of each agency shall prepare a risk 
     assessment in accordance with this subchapter.

[[Page S10031]]

       ``(b) Application of Principles.--(1) Except as provided in 
     subsection (c), the head of each agency shall apply the 
     principles in this subchapter to any risk assessment 
     conducted to support a determination by the agency of risk to 
     human health, safety, or the environment, if such 
     determination would be likely to have an effect on the United 
     States economy equivalent to that of a major rule.
       ``(2) In applying the principles of this subchapter to risk 
     assessments other than those in subsections (a), (b)(1), and 
     (c), the head of each agency shall publish, after notice and 
     public comment, guidelines for the conduct of such other risk 
     assessments that adapt the principles of this subchapter in a 
     manner consistent with section 633(a)(4) and the risk 
     assessment and risk management needs of the agency.
       ``(3) An agency shall not, as a condition for the issuance 
     or modification of a permit, conduct, or require any person 
     to conduct, a risk assessment, except if the agency finds 
     that the risk assessment meets the requirements of section 
     633 (a) through (f).
       ``(c) Exceptions.--(1) This subchapter shall not apply to 
     risk assessments performed with respect to--
       ``(A) a situation for which the agency finds good cause 
     that conducting a risk assessment is impracticable due to an 
     emergency or health and safety threat that is likely to 
     result in significant harm to the public or natural 
     resources;
       ``(B) a rule or agency action that authorizes the 
     introduction into commerce, or initiation of manufacture, of 
     a substance, mixture, or product, or recognizes the 
     marketable status of a product;
       ``(C) a human health, safety, or environmental inspection, 
     an action enforcing a statutory provision, rule, or permit, 
     or an individual facility or site permitting action, except 
     to the extent provided by subsection (b)(3);
       ``(D) a screening analysis clearly identified as such; or
       ``(E) product registrations, reregistrations, tolerance 
     settings, and reviews of premanufacture notices under the 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     136 et seq.) and the Toxic Substances Control Act (15 U.S.C. 
     2601 et seq.).
       ``(2) An analysis shall not be treated as a screening 
     analysis for the purposes of paragraph (1)(D) if the result 
     of the analysis is used--
       ``(A) as the basis for imposing a restriction on a 
     previously authorized substance, product, or activity after 
     its initial introduction into manufacture or commerce; or
       ``(B) as the basis for a formal determination by the agency 
     of significant risk from a substance or activity.
       ``(3) This subchapter shall not apply to any food, drug, or 
     other product label or labeling, or to any risk 
     characterization appearing on any such label.

     ``Sec. 633. Principles for risk assessments

       ``(a) In General.--(1) The head of each agency shall design 
     and conduct risk assessments in a manner that promotes 
     rational and informed risk management decisions and informed 
     public input into the process of making agency decisions.
       ``(2) The head of each agency shall establish and maintain 
     a distinction between risk assessment and risk management.
       ``(3) An agency may take into account priorities for 
     managing risks, including the types of information that would 
     be important in evaluating a full range of alternatives, in 
     developing priorities for risk assessment activities.
       ``(4) In conducting a risk assessment, the head of each 
     agency shall employ the level of detail and rigor considered 
     by the agency as appropriate and practicable for reasoned 
     decisionmaking in the matter involved, proportionate to the 
     significance and complexity of the potential agency action 
     and the need for expedition.
       ``(5) An agency shall not be required to repeat discussions 
     or explanations in each risk assessment required under this 
     subchapter if there is an unambiguous reference to a relevant 
     discussion or explanation in another reasonably available 
     agency document that was prepared consistent with this 
     section.
       ``(b) Iterative Process.--(1) Each agency shall develop and 
     use an iterative process for risk assessment, starting with 
     relatively inexpensive screening analyses and progressing to 
     more rigorous analyses, as circumstances or results warrant.
       ``(2) In determining whether or not to proceed to a more 
     detailed analysis, the head of the agency shall take into 
     consideration whether or not use of additional data or the 
     analysis thereof would significantly change the estimate of 
     risk and the resulting agency action.
       ``(c) Data Quality.--(1) The head of each agency shall base 
     each risk assessment only on the best reasonably available 
     scientific data and scientific understanding, including 
     scientific information that finds or fails to find a 
     correlation between a potential hazard and an adverse effect, 
     and data regarding exposure and other relevant physical 
     conditions that are reasonably expected to be encountered.
       ``(2) The agency shall select data for use in a risk 
     assessment based on a reasoned analysis of the quality and 
     relevance of the data, and shall describe such analysis.
       ``(3) In making its selection of data, the agency shall 
     consider whether the data were published in the peer-reviewed 
     scientific literature, or developed in accordance with good 
     laboratory practice or published or other appropriate 
     protocols to ensure data quality, such as the standards for 
     the development of test data promulgated pursuant to section 
     4 of the Toxic Substances Control Act (15 U.S.C. 2603), and 
     the standards for data requirements promulgated pursuant to 
     section 3 of the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. 136a), or other form of independent 
     evaluation.
       ``(4) Subject to paragraph (3), relevant scientific data 
     submitted by interested parties shall be reviewed and 
     considered by the agency in the analysis under paragraph (2).
       ``(5) When conflicts among scientific data appear to exist, 
     the risk assessment shall include a discussion of all 
     relevant information including the likelihood of alternative 
     interpretations of the data and emphasizing--
       ``(A) postulates that represent the most reasonable 
     inferences from the supporting scientific data; and
       ``(B) when a risk assessment involves an extrapolation from 
     toxicological studies, data with the greatest scientific 
     basis of support for the resulting harm to affected 
     individuals, populations, or resources.
       ``(6) The head of an agency shall not automatically 
     incorporate or adopt any recommendation or classification 
     made by any foreign government, the United Nations, any 
     international governmental body or standards-making 
     organization, concerning the health effects value of a 
     substance, except as provided in paragraph (2) of this 
     subsection. Nothing in this paragraph shall be construed to 
     affect the implementation or application of any treaty or 
     international trade agreement to which the United States is a 
     party.
       ``(d) Use of Policy Judgments.--(1) An agency shall not use 
     policy judgments, including default assumptions, inferences, 
     models or safety factors, when relevant and adequate 
     scientific data and scientific understanding, including site-
     specific data, are available. The agency shall modify or 
     decrease the use of policy judgments to the extent that 
     higher quality scientific data and understanding become 
     available.
       ``(2) When a risk assessment involves choice of a policy 
     judgment, the head of the agency shall--
       ``(A) identify the policy judgment and its scientific or 
     policy basis, including the extent to which the policy 
     judgment has been validated by, or conflicts with, empirical 
     data;
       ``(B) explain the basis for any choices among policy 
     judgments; and
       ``(C) describe reasonable alternative policy judgments that 
     were not selected by the agency for use in the risk 
     assessment, and the sensitivity of the conclusions of the 
     risk assessment to the alternatives, and the rationale for 
     not using such alternatives.
       ``(3) An agency shall not inappropriately combine or 
     compound multiple policy judgments.
       ``(4) The agency shall, subject to notice and opportunity 
     for public comment, develop and publish guidelines describing 
     the agency's default policy judgments and how they were 
     chosen, and guidelines for deciding when and how, in a 
     specific risk assessment, to adopt alternative policy 
     judgments or to use available scientific information in place 
     of a policy judgment.
       ``(e) Risk Characterization.--In each risk assessment, the 
     agency shall include in the risk characterization, as 
     appropriate, each of the following:
       ``(1) A description of the hazard of concern.
       ``(2) A description of the populations or natural resources 
     that are the subject of the risk assessment.
       ``(3) An explanation of the exposure scenarios used in the 
     risk assessment, including an estimate of the corresponding 
     population at risk and the likelihood of such exposure 
     scenarios.
       ``(4) A description of the nature and severity of the harm 
     that could plausibly occur.
       ``(5) A description of the major uncertainties in each 
     component of the risk assessment and their influence on the 
     results of the assessment.
       ``(f) Presentation of Risk Assessment Conclusions.--(1) To 
     the extent feasible and scientifically appropriate, the head 
     of an agency shall--
       ``(A) express the overall estimate of risk as a range or 
     probability distribution that reflects variabilities, 
     uncertainties and data gaps in the analysis;
       ``(B) provide the range and distribution of risks and the 
     corresponding exposure scenarios, identifying the reasonably 
     expected risk to the general population and, where 
     appropriate, to more highly exposed or sensitive 
     subpopulations; and
       ``(C) where quantitative estimates of the range and 
     distribution of risk estimates are not available, describe 
     the qualitative factors influencing the range of possible 
     risks.
       ``(2) When scientific data and understanding that permits 
     relevant comparisons of risk are reasonably available, the 
     agency shall use such information to place the nature and 
     magnitude of risks to human health, safety, and the 
     environment being analyzed in context.
       ``(3) When scientifically appropriate information on 
     significant substitution risks to human health, safety, or 
     the environment is reasonably available to the agency, or is 
     contained in information provided to the agency by a 
     commentator, the agency shall describe such risks in the risk 
     assessments.
       ``(g) Peer Review.--(1) Each agency shall provide for peer 
     review in accordance with this section of any risk assessment 
     subject 

[[Page S10032]]
     to the requirements of this subchapter that forms that basis of any 
     major rule or a major environmental management activity.
       ``(2) Each agency shall develop a systematic program for 
     balanced, independent, and external peer review that--
       ``(A) shall provide for the creation or utilization of peer 
     review panels, expert bodies, or other formal or informal 
     devices that are balanced and comprised of participants 
     selected on the basis of their expertise relevant to the 
     sciences involved in regulatory decisions and who are 
     independent of the agency program that developed the risk 
     assessment being reviewed;
       ``(B) shall not exclude any person with substantial and 
     relevant expertise as a participant on the basis that such 
     person has a potential interest in the outcome, if such 
     interest is fully disclosed to the agency, and the agency 
     includes such disclosure as part of the record, unless the 
     result of the review would have a direct and predictable 
     effect on a substantial financial interest of such person;
       ``(C) shall provide for a timely completed peer review, 
     meeting agency deadlines, that contains a balanced 
     presentation of all considerations, including minority 
     reports and agency response to all significant peer review 
     comments; and
       ``(D) shall provide adequate protections for confidential 
     business information and trade secrets, including requiring 
     panel members to enter into confidentiality agreements.
       ``(3) Each peer review shall include a report to the 
     Federal agency concerned detailing the scientific and 
     technical merit of data and the methods used for the risk 
     assessment, and shall identify significant peer review 
     comments. Each agency shall provide a written response to all 
     significant peer review comments. All peer review comments, 
     conclusions, composition of the panels, and the agency's 
     responses shall be made available to the public and shall be 
     made part of the administrative record for purposes of 
     judicial review of any final agency action.
       ``(4)(A) The Director of the Office of Science and 
     Technology Policy shall develop a systematic program to 
     oversee the use and quality of peer review of risk 
     assessments.
       ``(B) The Director or the designee of the President may 
     order an agency to conduct peer review for any risk 
     assessment or cost-benefit analysis that is likely to have a 
     significant impact on public policy decisions, or that would 
     establish an important precedent.
       ``(5) The proceedings of peer review panels under this 
     section shall not be subject to the Federal Advisory 
     Committee Act.
       ``(h) Public Participation.--The head of each agency shall 
     provide appropriate opportunities for public participation 
     and comment on risk assessments.

     ``Sec. 634. Petition for review of a major free-standing risk 
       assessment

       ``(a) Any interested person may petition an agency to 
     conduct a scientific review of a risk assessment conducted or 
     adopted by the agency, except for a risk assessment used as 
     the basis for a major rule or a site-specific risk 
     assessment.
       ``(b) The agency shall utilize external peer review, as 
     appropriate, to evaluate the claims and analyses in the 
     petition, and shall consider such review in making its 
     determination of whether to grant the petition.
       ``(c) The agency shall grant the petition if the petition 
     establishes that there is a reasonable likelihood that--
       ``(1)(A) the risk assessment that is the subject of the 
     petition was carried out in a manner substantially 
     inconsistent with the principles in section 633; or
       ``(B) the risk assessment that is the subject of the 
     petition does not take into account material significant new 
     scientific data and scientific understanding;
       ``(2) the risk assessment that is the subject of the 
     petition contains significantly different results than if it 
     had been properly conducted pursuant to subchapter III; and
       ``(3) a revised risk assessment will provide the basis for 
     reevaluating an agency determination of risk, and such 
     determination currently has an effect on the United States 
     economy equivalent to that of major rule.
       ``(d) A decision to grant, or final action to deny, a 
     petition under this subsection shall be made not later than 
     180 days after the petition is submitted.
       ``(e) If the agency grants the petition, it shall complete 
     its review of the risk assessment not later than 1 year after 
     its decision to grant the petition. If the agency revises the 
     risk assessment, in response to its review, it shall do so in 
     accordance with section 633.

     ``Sec. 635. Comprehensive risk reduction

       ``(a) Setting Priorities.--The head of each agency with 
     programs to protect human health, safety, or the environment 
     shall set priorities for the use of resources available to 
     address those risks to human health, safety, and the 
     environment, with the goal of achieving the greatest overall 
     net reduction in risks with the public and private sector 
     resources expended.
       ``(b) Incorporating Risk-Based Priorities Into Budget and 
     Planning.--The head of each agency in subsection (a) shall 
     incorporate the priorities identified under subsection (a) 
     into the agency budget, strategic planning, regulatory 
     agenda, enforcement, and research activities. When submitting 
     its budget request to Congress and when announcing its 
     regulatory agenda in the Federal Register, each covered 
     agency shall identify the risks that the covered agency head 
     has determined are the most serious and can be addressed in a 
     cost-effective manner using the priorities set under 
     subsection (a), the basis for that determination, and 
     explicitly identify how the agency's requested budget and 
     regulatory agenda reflect those priorities.
       ``(c) Reports by the National Academy of Sciences.--(1) Not 
     later than 6 months after the date of enactment of this 
     section, the Director of the Office of Science and Technology 
     Policy shall enter into an arrangement with the National 
     Academy of Sciences to investigate and report on comparative 
     risk analysis. The arrangement shall provide, to the extent 
     feasible, for--
       ``(A) 1 or more reports evaluating methods of comparative 
     risk analysis that would be appropriate for agency programs 
     related to human health, safety, and the environment to use 
     in setting priorities for activities; and
       ``(B) a report providing a comprehensive and comparative 
     analysis of the risks to human health, safety, and the 
     environment that are addressed by agency programs to protect 
     human health, safety, and the environment, along with 
     companion activities to disseminate the conclusions of the 
     report to the public.
       ``(2) The report or reports prepared under paragraph (1)(A) 
     shall be completed not later than 3 years after the date of 
     enactment of this section. The report under paragraph (1)(B) 
     shall be completed not later than 4 years after the date of 
     enactment of this section, and shall draw, as appropriate, 
     upon the insights and conclusions of the report or reports 
     made under paragraph (1)(A). The companion activities under 
     paragraph (1)(B) shall be completed not later than 5 years 
     after the date of enactment of this section.
       ``(3)(A) The head of an agency with programs to protect 
     human health, safety, and the environment shall incorporate 
     the recommendations of reports under paragraph (1) in 
     revising any priorities under subsection (a).
       ``(B) The head of the agency shall submit a report to the 
     appropriate Congressional committees of jurisdiction 
     responding to the recommendations from the National Academy 
     of Sciences and describing plans for utilizing the results of 
     comparative risk analysis in agency budget, strategic 
     planning, regulatory agenda, enforcement, and research and 
     development activities.
       ``(4) Following the submission of the report in paragraph 
     (2), for the next 5 years, the head of the agency shall 
     submit, with the budget request submitted to Congress under 
     section 1105(a) of title 31, a description of how the 
     requested budget of the agency and the strategic planning 
     activities of the agency reflect priorities determined using 
     the recommendations of reports issued under subsection (a). 
     The head of the agency shall include in such description--
       ``(A) recommendations on the modification, repeal, or 
     enactment of laws to reform, eliminate, or enhance programs 
     or mandates relating to human health, safety, or the 
     environment; and
       ``(B) recommendation on the modification or elimination of 
     statutory or judicially mandated deadlines,

     that would assist the head of the agency to set priorities in 
     activities to address the risks to human health, safety, or 
     the environment that incorporate the priorities developed 
     using the recommendations of the reports under subsection 
     (a), resulting in more cost-effective programs to address 
     risk.
       ``(5) For each budget request submitted in accordance with 
     paragraph (4), the Director shall submit an analysis of ways 
     in which resources could be reallocated among Federal 
     agencies to achieve the greatest overall net reduction in 
     risk.

     ``Sec. 636. Rule of construction

       ``Nothing in this subchapter shall be construed to--
       ``(1) preclude the consideration of any data or the 
     calculation of any estimate to more fully describe or analyze 
     risk, scientific uncertainty, or variability; or
       ``(2) require the disclosure of any trade secret or other 
     confidential information.
                  ``SUBCHAPTER IV--EXECUTIVE OVERSIGHT

     ``Sec. 641. Procedures

       ``(a) In General.--The Director or a designee of the 
     President shall--
       ``(1) establish and, as appropriate, revise procedures for 
     agency compliance with this chapter; and
       ``(2) monitor, review, and ensure agency implementation of 
     such procedures.
       ``(b) Public Comment.--Procedures established pursuant to 
     subsection (a) shall only be implemented after opportunity 
     for public comment. Any such procedures shall be consistent 
     with the prompt completion of rulemaking proceedings.
       ``(c) Time for Review.--(1) If procedures established 
     pursuant to subsection (a) include review of any initial or 
     final analyses of a rule required under chapter 6, the time 
     for any such review of any initial analysis shall not exceed 
     90 days following the receipt of the analysis by the 
     Director, or a designee of the President.
       ``(2) The time for review of any final analysis required 
     under chapter 6 shall not exceed 90 days following the 
     receipt of the analysis by the Director, a designee of the 
     President.
       ``(3)(A) The times for each such review may be extended for 
     good cause by the President or by an officer to whom the 
     President has delegated his authority pursuant to section 642 
     for an additional 45 days. At the request 

[[Page S10033]]
     of the head of an agency, the President or such an officer may grant an 
     additional extension of 45 days.
       ``(B) Notice of any such extension, together with a 
     succinct statement of the reasons therefor, shall be inserted 
     in the rulemaking file.

     ``Sec. 642. Delegation of authority

       ``(a) In General.--The President may delegate the authority 
     granted by this subchapter to an officer within the Executive 
     Office of the President whose appointment has been subject to 
     the advice and consent of the Senate.
       ``(b) Notice.--Notice of any delegation, or any revocation 
     or modification thereof shall be published in the Federal 
     Register.

     ``Sec. 643. Judicial review

       ``The exercise of the authority granted under this 
     subchapter by the Director, the President, or by an officer 
     to whom such authority has been delegated under section 642 
     and agency compliance or noncompliance with the procedure 
     under section 641 shall not be subject to judicial review.

     ``Sec. 644. Regulatory agenda

       ``The head of each agency shall provide, as part of the 
     semiannual regulatory agenda published under section 602--
       ``(1) a list of risk assessments subject to subsection 632 
     (a) or (b)(1) under preparation or planned by the agency;
       ``(2) a brief summary of relevant issues addressed or to be 
     addressed by each listed risk assessment;
       ``(3) an approximate schedule for completing each listed 
     risk assessment;
       ``(4) an identification of potential rules, guidance, or 
     other agency actions supported or affected by each listed 
     risk assessment; and
       ``(5) the name, address, and telephone number of an agency 
     official knowledgeable about each listed risk assessment.''.
       (b) Regulatory Flexibility Analysis.--
       (1) Final regulatory flexibility analysis.--Section 604 of 
     title 5, United States Code, is amended by adding at the end 
     thereof the following new subsection:
       ``(c)(1) Except as provided in paragraph (2), no final rule 
     for which a final regulatory flexibility analysis is required 
     under this section shall be promulgated unless the agency 
     finds that the final rule minimizes significant economic 
     impact on small entities to the maximum extent possible, 
     consistent with the purposes of this subchapter, the 
     objectives of the rule, and the requirements of applicable 
     statutes.
       ``(2) If an agency determines that a statute requires a 
     rule to be promulgated that does not satisfy the criterion of 
     paragraph (1), the agency shall--
       ``(A) include a written explanation of such determination 
     in the final regulatory flexibility analysis; and
       ``(B) transmit the final regulatory flexibility analysis to 
     Congress when the final rule is promulgated.''.
       (2) Judicial review.--Section 611 of title 5, United States 
     Code, is amended to read as follows:
     ``Sec. 611. Judicial review

       ``(a)(1) For any rule described in section 603(a), and with 
     respect to which the agency--
       ``(A) certified, pursuant to section 605(b), that such rule 
     would not have a significant economic impact on a substantial 
     number of small entities;
       ``(B) prepared a final regulatory flexibility analysis 
     pursuant to section 604; or
       ``(C) did not prepare an initial regulatory flexibility 
     analysis pursuant to section 603 or a final regulatory 
     flexibility analysis pursuant to section 604 except as 
     permitted by sections 605 and 608,

     an affected small entity may petition for the judicial review 
     of such certification, analysis, or failure to prepare such 
     analysis, in accordance with this subsection. A court having 
     jurisdiction to review such rule for compliance with section 
     553 or under any other provision of law shall have 
     jurisdiction over such petition.
       ``(2)(A) Notwithstanding any other provision of law, an 
     affected small entity shall have 1 year after the effective 
     date of the final rule to challenge the certification, 
     analysis or failure to prepare an analysis required by this 
     subchapter with respect to any such rule.
       ``(B) If an agency delays the issuance of a final 
     regulatory flexibility analysis pursuant to section 608(b), a 
     petition for judicial review under this subsection may be 
     filed not later than 1 year after the date the analysis is 
     made available to the public.
       ``(3) For purposes of this subsection, the term `affected 
     small entity' means a small entity that is or will be subject 
     to the provisions of, or otherwise required to comply with, 
     the final rule.
       ``(4) Nothing in this subsection shall be construed to 
     limit the authority of any court to stay the effective date 
     of any rule or provision thereof under any other provision of 
     law.
       ``(5)(A) Notwithstanding section 605, if the court 
     determines, on the basis of the court's review of the 
     rulemaking record, that there is substantial evidence that 
     the rule would have a significant economic impact on a 
     substantial number of small entities, the court shall order 
     the agency to prepare a final regulatory flexibility analysis 
     that satisfies the requirements of section 604.
       ``(B) If the agency prepared a final regulatory flexibility 
     analysis, the court shall order the agency to take corrective 
     action consistent with section 604 if the court determines, 
     on the basis of the court's review of the rulemaking record, 
     that the final regulatory flexibility analysis does not 
     satisfy the requirements of section 604.
       ``(6) The court shall stay the rule and grant such other 
     relief as the court determines to be appropriate if, by the 
     end of the 90-day period beginning on the date of the order 
     of the court pursuant to paragraph (5), the agency fails, as 
     appropriate--
       ``(A) to prepare the analysis required by section 604; or
       ``(B) to take corrective action consistent with section 
     604.
       ``(b) In an action for the judicial review of a rule, any 
     regulatory flexibility analysis for such rule (including an 
     analysis prepared or corrected pursuant to subsection (a)(5)) 
     shall constitute part of the whole record of agency action in 
     connection with such review.
       ``(c) Except as otherwise required by the provisions of 
     this subchapter, the court shall apply the same standards of 
     judicial review that govern the review of agency findings 
     under the statute granting the agency authority to conduct 
     the rulemaking.''.
       (c) Revision of Certain Provisions of the Federal Food, 
     Drug, and Cosmetic Act Relating to Testing.--In applying 
     section 409(c)(3)(A), 512(d)(1), or 721(b)(5)(B) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(c)(3)(A), 
     360b(d)(1), 379e(b)(5)(B)), the Secretary of Health and Human 
     Services and the Administrator of the Environmental 
     Protection Agency shall not prohibit or refuse to approve a 
     substance or product on the basis of safety, where the 
     substance or product presents a negligible or insignificant 
     foreseeable risk to human health resulting from its intended 
     use.
       (d) Toxic Release Inventory Review.--Section 313(d) of the 
     Emergency Planning and Community Right-to-Know Act of 1986 
     (42 U.S.C. 11023(d)) is amended--
       (1) in paragraph (2) by inserting after ``epidemiological 
     or other population studies,'' the following: ``and on the 
     rule of reason, including a consideration of the 
     applicability of such evidence to levels of the chemical in 
     the environment that may result from reasonably anticipated 
     releases''; and
       (2) in subsection (e)(1), by inserting before ``Within 180 
     days'' the following: ``The Administrator shall grant any 
     petition that establishes substantial evidence that the 
     criteria in subparagraph (A) either are or are not met.''.
       (e) Technical and Conforming Amendments.--
       (1) Chapter analysis.--Part I of title 5, United States 
     Code, is amended by striking the chapter heading and table of 
     sections for chapter 6 and inserting the following:
           ``CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS
                  ``SUBCHAPTER I--REGULATORY ANALYSIS

``Sec.
``601. Definitions.
``602. Regulatory agenda.
``603. Initial regulatory flexibility analysis.
``604. Final regulatory flexibility analysis.
``605. Avoidance of duplicative or unnecessary analyses.
``606. Effect on other law.
``607. Preparation of analysis.
``608. Procedure for waiver or delay of completion.
``609. Procedures for gathering comments.
``610. Periodic review of rules.
``611. Judicial review.
``612. Reports and intervention rights.

               ``SUBCHAPTER II--ANALYSIS OF AGENCY RULES

``621. Definitions.
``622. Rulemaking cost-benefit analysis.
``623. Agency regulatory review.
``624. Decisional criteria.
``625. Jurisdiction and judicial review.
``626. Deadlines for rulemaking.
``627. Special rule.
``628. Requirements for major environmental management activities.

                   ``SUBCHAPTER III--RISK ASSESSMENTS

``631. Definitions.
``632. Applicability.
``633. Principles for risk assessments.
``634. Petition for review of a major free-standing risk assessment.
``635. Comprehensive risk reduction.
``636. Rule of construction.

                  ``SUBCHAPTER IV--EXECUTIVE OVERSIGHT

``641. Procedures.
``642. Delegation of authority.
``643. Judicial review.
``644. Regulatory agenda.''.
       (2) Subchapter heading.--Chapter 6 of title 5, United 
     States Code, is amended by inserting immediately before 
     section 601, the following subchapter heading:

                 ``SUBCHAPTER I--REGULATORY ANALYSIS''.

     SEC. 5. JUDICIAL REVIEW.

       (a) In general.--Chapter 7 of title 5, United States Code, 
     is amended--
       (1) by striking section 706; and
       (2) by adding at the end the following new sections:

     ``Sec. 706. Scope of review

       ``(a) To the extent necessary to reach a decision and when 
     presented, the reviewing court shall decide all relevant 
     questions of law, interpret constitutional and statutory 
     provisions, and determine the meaning or applicability of the 
     terms of an agency action. The reviewing court shall--
       ``(1) compel agency action unlawfully withheld or 
     unreasonably delayed; and

[[Page S10034]]

       ``(2) hold unlawful and set aside agency action, findings 
     and conclusions found to be--
       ``(A) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with law;
       ``(B) contrary to constitutional right, power, privilege, 
     or immunity;
       ``(C) in excess of statutory jurisdiction, authority, or 
     limitations, or short of statutory right;
       ``(D) without observance of procedure required by law;
       ``(E) unsupported by substantial evidence in a proceeding 
     subject to sections 556 and 557 or otherwise reviewed on the 
     record of an agency hearing provided by statute;
       ``(F) without substantial support in the rulemaking file, 
     viewed as a whole, for the asserted or necessary factual 
     basis, in the case of a rule adopted in a proceeding subject 
     to section 553; or
       ``(G) unwarranted by the facts to the extent that the facts 
     are subject to trial de novo by the reviewing court.
       ``(b) In making the determinations set forth in subsection 
     (a), the court shall review the whole record or those parts 
     of it cited by a party, and due account shall be taken of the 
     rule of prejudicial error.

     ``Sec. 707. Consent decrees

       ``In interpreting any consent decree in effect on or after 
     the date of enactment of this section that imposes on an 
     agency an obligation to initiate, continue, or complete 
     rulemaking proceedings, the court shall not enforce the 
     decree in a way that divests the agency of discretion clearly 
     granted to the agency by statute to respond to changing 
     circumstances, make policy or managerial choices, or protect 
     the rights of third parties.

     ``Sec. 708. Affirmative defense

       ``Notwithstanding any other provision of law, it shall be 
     an affirmative defense in any enforcement action brought by 
     an agency that the regulated person or entity reasonably 
     relied on and is complying with a rule, regulation, 
     adjudication, directive, or order of such agency or any other 
     agency that is incompatible, contradictory, or otherwise 
     cannot be reconciled with the agency rule, regulation, 
     adjudication, directive, or order being enforced.''.
       (b) Technical Amendment.--The analysis for chapter 7 of 
     title 5, United States Code, is amended by striking the item 
     relating to section 706 and inserting the following new 
     items:

``706. Scope of review.
``707. Consent decrees.
``708. Affirmative defense.''.
     SEC. 6. CONGRESSIONAL REVIEW.

       (a) 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 
     implementation of certain significant final rules is imposed 
     in order to provide Congress an opportunity for review.
       (b) In General.--Title 5, United States Code, is amended by 
     inserting immediately after chapter 7 the following new 
     chapter:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``801. Congressional review.
``802. Congressional disapproval procedure.
``803. Special rule on statutory, regulatory, and judicial deadlines.
``804. Definitions.
``805. Judicial review.
``806. Applicability; severability.
``807. Exemption for monetary policy.
     ``Sec. 801. Congressional review

       ``(a)(1)(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 and to the Comptroller General a 
     report containing--
       ``(i) a copy of the rule;
       ``(ii) a concise general statement relating to the rule; 
     and
       ``(iii) the proposed effective date of the rule.
       ``(B) The Federal agency promulgating the rule shall make 
     available to each House of Congress and the Comptroller 
     General, upon request--
       ``(i) a complete copy of the cost-benefit analysis of the 
     rule, if any;
       ``(ii) the agency's actions relevant to sections 603, 604, 
     605, 607, and 609;
       ``(iii) the agency's actions relevant to sections 202, 203, 
     204, and 205 of the Unfunded Mandates Reform Act of 1995; and
       ``(iv) any other relevant information or requirements under 
     any other Act and any relevant Executive orders, such as 
     Executive Order No. 12866.
       ``(C) Upon receipt, each House shall provide copies to the 
     Chairman and Ranking Member of each committee with 
     jurisdiction.
       ``(2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction to each 
     House of the Congress by the end of 12 calendar days after 
     the submission or publication date as provided in section 
     802(b)(2). The report of the Comptroller General shall 
     include an assessment of the agency's compliance with 
     procedural steps required by paragraph (1)(B).
       ``(B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       ``(3) A major 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 60 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 802 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
       ``(C) the date the rule would have otherwise taken effect, 
     if not for this section (unless a joint resolution of 
     disapproval under section 802 is enacted).
       ``(4) Except for a major rule, a rule shall take effect as 
     otherwise provided by law after submission to Congress under 
     paragraph (1).
       ``(5) Notwithstanding paragraph (3), the effective date of 
     a rule shall not be delayed by operation of this chapter 
     beyond the date on which either House of Congress votes to 
     reject a joint resolution of disapproval under section 802.
       ``(b) A rule shall not take effect (or continue) as a final 
     rule, if the Congress passes a joint resolution of 
     disapproval described under section 802.
       ``(c)(1) Notwithstanding any other provision of this 
     section (except subject to paragraph (3)), a rule that would 
     not take effect by reason of this chapter may take effect, if 
     the President makes a determination under paragraph (2) and 
     submits written notice of such determination to the Congress.
       ``(2) 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;
       ``(C) necessary for national security; or
       ``(D) issued pursuant to a statute implementing an 
     international trade agreement.
       ``(3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 802 or the effect of a joint resolution of 
     disapproval under this section.
       ``(d)(1) In addition to the opportunity for review 
     otherwise provided under this chapter, 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 802 shall apply 
     to such rule in the succeeding Congress.
       ``(2)(A) In applying section 802 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 
     shall be submitted to Congress before a final rule can take 
     effect.
       ``(3) 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)(1) Section 802 shall apply in accordance with this 
     subsection to any major 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 the Comprehensive Regulatory Reform Act of 1995 
     takes effect.
       ``(2) In applying section 802 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 
     enactment of the Comprehensive Regulatory Reform Act of 1995; 
     and
       ``(B) a report on such rule were submitted to Congress 
     under subsection (a)(1) on such date.
       ``(3) 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 802.
       ``(f) Any rule that takes effect and later is made of no 
     force or effect by enactment of a joint resolution under 
     section 802 shall be treated as though such rule had never 
     taken effect.
       ``(g) If the Congress does not enact a joint resolution of 
     disapproval under section 802, 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. 802. Congressional disapproval procedure

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced during 
     the period beginning on the date on which the report referred 
     to in section 801(a) is received by Congress and ending 60 
     days thereafter, the matter after the resolving clause of 
     which is as follows: `That Congress disapproves the rule 
     submitted by the ____ relating to ____, and such rule 

[[Page S10035]]
     shall have no force or effect.'. (The blank spaces being appropriately 
     filled in.)
       ``(b)(1) 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) 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 801(a)(1); or
       ``(B) the rule is published in the Federal Register.
       ``(c) 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 from 
     further consideration of such resolution in the Senate upon a 
     petition supported in writing by 30 Members of the Senate and 
     in the House upon a petition supported in writing by one-
     fourth of the Members duly sworn and chosen or by motion of 
     the Speaker supported by the Minority Leader, and such 
     resolution shall be placed on the appropriate calendar of the 
     House involved.
       ``(d)(1) 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 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) 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 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) 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) The resolution of the other House shall not be 
     referred to a committee.
       ``(2) 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) 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. 803. Special rule on statutory, regulatory, and 
       judicial deadlines

       ``(a) In the case of any deadline for, relating to, or 
     involving any rule which does not take effect (or the 
     effectiveness of which is terminated) because of enactment of 
     a joint resolution under section 802, that deadline is 
     extended until the date 1 year 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 801(a).
       ``(b) 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. 804. Definitions

       ``(a) For purposes of this chapter--
       ``(1) the term `Federal agency' means any agency as that 
     term is defined in section 551(1) (relating to administrative 
     procedure);
       ``(2) the term `major rule' has the same meaning given such 
     term in section 621(5); and
       ``(3) the term `final rule' means any final rule or interim 
     final rule.
       ``(b) As used in subsection (a)(3), the term `rule' has the 
     meaning given such term in section 551, except that such term 
     does not include any rule of particular applicability 
     including a rule that approves or prescribes for the future 
     rates, wages, prices, services, or allowances therefor, 
     corporate or financial structures, reorganizations, mergers, 
     or acquisitions thereof, or accounting practices or 
     disclosures bearing on any of the foregoing or any rule of 
     agency organization, personnel, procedure, practice or any 
     routine matter.

     ``Sec. 805. Judicial review

       ``No determination, finding, action, or omission under this 
     chapter shall be subject to judicial review.

     ``Sec. 806. Applicability; severability

       ``(a) This chapter shall apply notwithstanding any other 
     provision of law.
       ``(b) If any provision of this chapter or the application 
     of any provision of this chapter to any person or 
     circumstance, is held invalid, the application of such 
     provision to other persons or circumstances, and the 
     remainder of this chapter, shall not be affected thereby.

     ``Sec. 807. Exemption for monetary policy

       ``Nothing in this chapter shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.''.
       (c) Effective Date.--The amendment made by subsection (b) 
     shall take effect on the date of enactment of this Act and 
     shall apply to any rule that takes effect as a final rule on 
     or after such effective date.
       (d) Technical Amendment.--The table of chapters for part I 
     of title 5, United States Code, is amended by inserting 
     immediately after the item relating to chapter 7 the 
     following:

``8. Congressional Review of Agency Rulemaking...............801''.....
     SEC. 7. REGULATORY ACCOUNTING.

       (a) Definitions.--For purposes of this section, the 
     following definitions apply:
       (1) Major rule.--The term ``major rule'' has the same 
     meaning as defined in section 621(5)(A)(i) of title 5, United 
     States Code. The term shall not include--
       (A) administrative actions governed by sections 556 and 557 
     of title 5, United States Code;
       (B) regulations issued with respect to a military or 
     foreign affairs function of the United States or a statute 
     implementing an international trade agreement; or
       (C) regulations related to agency organization, management, 
     or personnel.
       (2) Agency.--The term ``agency'' means any executive 
     department, military department, Government corporation, 
     Government controlled corporation, or other establishment in 
     the executive branch of the Government (including the 
     Executive Office of the President), or any independent 
     regulatory agency, but shall not include--
       (A) the General Accounting Office;
       (B) the Federal Election Commission;
       (C) the governments of the District of Columbia and of the 
     territories and possessions of the United States, and their 
     various subdivisions; or
       (D) Government-owned contractor-operated facilities, 
     including laboratories engaged in national defense research 
     and production activities.
       (b) Accounting Statement.--
       (1) In general.--(A) The President shall be responsible for 
     implementing and administering the requirements of this 
     section.
       (B) Not later than June 1, 1997, and each June 1 
     thereafter, the President shall prepare and submit to 
     Congress an accounting statement that estimates the annual 
     costs of major rules and corresponding benefits in accordance 
     with this subsection.
       (2) Years covered by accounting statement.--Each accounting 
     statement shall cover, at a minimum, the 5 fiscal years 
     beginning on October 1 of the year in which the report is 
     submitted and may cover any fiscal year preceding such fiscal 
     years for purpose of revising previous estimates.
       (3) Timing and procedures.--(A) The President shall provide 
     notice and opportunity for comment for each accounting 
     statement. The President may delegate to an agency the 
     requirement to provide notice and opportunity to comment for 
     the portion of the accounting statement relating to that 
     agency.
       (B) The President shall propose the first accounting 
     statement under this subsection not later than 2 years after 
     the date of enactment of this Act and shall issue the first 
     accounting statement in final form not later than 3 years 
     after such effective date. Such statement shall cover, at a 
     minimum, each of the fiscal years beginning after the date of 
     enactment of this Act.
       (4) Content of accounting statement.--(A) Each accounting 
     statement shall contain estimates of costs and benefits with 
     respect to each fiscal year covered by the statement in 
     accordance with this paragraph. For each such fiscal year for 
     which estimates were made in a previous accounting statement, 
     the statement shall revise those estimates and state the 
     reasons for the revisions.
       (B)(i) An accounting statement shall estimate the costs of 
     major rules by setting 

[[Page S10036]]
     forth, for each year covered by the statement--
       (I) the annual expenditure of national economic resources 
     for major rules, grouped by regulatory program; and
       (II) such other quantitative and qualitative measures of 
     costs as the President considers appropriate.
       (ii) For purposes of the estimate of costs in the 
     accounting statement, national economic resources shall 
     include, and shall be listed under, at least the following 
     categories:
       (I) Private sector costs.
       (II) Federal sector costs.
       (III) State and local government administrative costs.
       (C) An accounting statement shall estimate the benefits of 
     major rules by setting forth, for each year covered by the 
     statement, such quantitative and qualitative measures of 
     benefits as the President considers appropriate. Any 
     estimates of benefits concerning reduction in health, safety, 
     or environmental risks shall present the most plausible level 
     of risk practical, along with a statement of the reasonable 
     degree of scientific certainty.
       (c) Associated Report to Congress.--
       (1) In general.--At the same time as the President submits 
     an accounting statement under subsection (b), the President, 
     acting through the Director of the Office of Management and 
     Budget, shall submit to Congress a report associated with the 
     accounting statement (hereinafter referred to as an 
     ``associated report''). The associated report shall contain, 
     in accordance with this subsection--
       (A) analyses of impacts; and
       (B) recommendations for reform.
       (2) Analyses of impacts.--The President shall include in 
     the associated report the following:
       (A) Analyses prepared by the President of the cumulative 
     impact of major rules in Federal regulatory programs covered 
     in the accounting statement on the following:
       (i) The ability of State and local governments to provide 
     essential services, including police, fire protection, and 
     education.
       (ii) Small business.
       (iii) Productivity.
       (iv) Wages.
       (v) Economic growth.
       (vi) Technological innovation.
       (vii) Consumer prices for goods and services.
       (viii) Such other factors considered appropriate by the 
     President.
       (B) A summary of any independent analyses of impacts 
     prepared by persons commenting during the comment period on 
     the accounting statement.
       (3) Recommendations for reform.--The President shall 
     include in the associated report the following:
       (A) A summary of recommendations of the President for 
     reform or elimination of any Federal regulatory program or 
     program element that does not represent sound use of national 
     economic resources or otherwise is inefficient.
       (B) A summary of any recommendations for such reform or 
     elimination of Federal regulatory programs or program 
     elements prepared by persons commenting during the comment 
     period on the accounting statement.
       (d) Guidance From Office of Management and Budget.--The 
     Director of the Office of Management and Budget shall, in 
     consultation with the Council of Economic Advisers, provide 
     guidance to agencies--
       (1) to standardize measures of costs and benefits in 
     accounting statements prepared pursuant to sections 3 and 7 
     of this Act, including--
       (A) detailed guidance on estimating the costs and benefits 
     of major rules; and
       (B) general guidance on estimating the costs and benefits 
     of all other rules that do not meet the thresholds for major 
     rules; and
       (2) to standardize the format of the accounting statements.
       (e) Recommendations From Congressional Budget Office.--
     After each accounting statement and associated report 
     submitted to Congress, the Director of the Congressional 
     Budget Office shall make recommendations to the President--
       (1) for improving accounting statements prepared pursuant 
     to this section, including recommendations on level of detail 
     and accuracy; and
       (2) for improving associated reports prepared pursuant to 
     this section, including recommendations on the quality of 
     analysis.
       (f) Judicial Review.--No requirements under this section 
     shall be subject to judicial review in any manner.

     SEC. 8. STUDIES AND REPORTS.

       (a) Risk Assessments.--The Administrative Conference of the 
     United States shall--
       (1) develop and carry out an ongoing study of the operation 
     of the risk assessment requirements of subchapter III of 
     chapter 6 of title 5, United States Code (as added by section 
     4 of this Act); and
       (2) submit an annual report to the Congress on the findings 
     of the study.
       (b) Administrative Procedure Act.--Not later than December 
     31, 1996, the Administrative Conference of the United States 
     shall--
       (1) carry out a study of the operation of the 
     Administrative Procedure Act (as amended by section 3 of this 
     Act); and
       (2) submit a report to the Congress on the findings of the 
     study, including proposals for revision, if any.

     SEC. 9. MISCELLANEOUS PROVISIONS.

       (a) Effective Date.--Except as otherwise provided, this Act 
     and the amendments made by this Act shall take effect on the 
     date of enactment.
       (b) Severability.--If any provision of this Act, an 
     amendment made by this Act, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this Act, the 
     amendments made by this Act, and the application of the 
     provisions of such to any person or circumstance shall not be 
     affected thereby.
                                 ______


                       SPECTER AMENDMENT NO. 1556

  (Ordered to lie on the table.)
  Mr. SPECTER submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       On page 2, insert between lines 3 and 4 the following:
       (2) in paragraph (1) by inserting ``(including the 
     President)'' after ``Government of the United States'';
                                 ______


                    HATCH AMENDMENTS NOS. 1557-1558

  (Ordered to lie on the table.)
  Mr. HATCH submitted two amendments intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:

                           Amendment No. 1557

       At page 37, strike lines 9-18 (Sec. 624(c)(2)(B)) and 
     insert the following in lieu thereof:
       (b)(3)(B) if scientific, technical, or economic 
     uncertainties or benefits to health, safety, or the 
     environment identified by the agency in the rulemaking record 
     makes a more costly alternative that achieves the objectives 
     of the statute appropriate and in the public interest and the 
     agency head provides an explanation of those considerations, 
     the rule adopts the least cost alternative of the reasonable 
     alternatives necessary to take into account such 
     uncertainties or adopts the greater net benefits of the type 
     that achieves the objectives of the statute for identified 
     benefits to health, safety, or the environment.
                                                                    ____


                           Amendment No. 1558
       At page 36, strike lines 1-10 (Sec. 624(6)(3)(B)) and 
     insert the following:
       (b)(3)(B) if scientific, technical, or economic 
     uncertainties or benefits to health, safety, or the 
     environment identified by the agency in the rulemaking record 
     makes a more costly alternative that achieves the objectives 
     of the statute appropriate and in the public interest and the 
     agency head provides an explanation of those considerations, 
     the rule adopts the least cost alternative of the reasonable 
     alternatives necessary to take into account such 
     uncertainties or adopts the greater net benefits of the type 
     that achieves the objectives of the statute for identified 
     benefits to health, safety, or the environment.
                                 ______


                    GRAHAM AMENDMENTS NOS. 1559-1560

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted two amendments intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:

                           Amendment No. 1559

       On page 92, line 19, insert ``including, if appropriate, 
     the achievement of any performance-based standards,'' after 
     ``statement,''.
                                                                    ____


                           Amendment No. 1560

       On page 7, line 18, insert ``including, if appropriate, any 
     performance-based standards,'' after ``of,''.
                                 ______


                       DORGAN AMENDMENT NO. 1561

  (Ordered to lie on the table.)
  Mr. DORGAN submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:

       On page 96, insert between lines 20 and 21 the following 
     new section:

     SEC.   . REPORT BY BOARD OF GOVERNORS OF THE FEDERAL RESERVE 
                   SYSTEM.

       (a) Definitions.--For purposes of this section--
       (1) the term ``Board'' means the Board of Governors of the 
     Federal Reserve System; and
       (2) the term ``Committee'' means the Federal Open Market 
     Committee established under section 12A of the Federal 
     Reserve Act.
       (b) Report Required.--No later than 30 days after the Board 
     or the Committee takes any action to change the discount rate 
     or the Federal funds rate, the Board shall submit a report to 
     the Congress and to the President which shall include a 
     detailed analysis of the projected costs of that action, and 
     the projected costs of any associated changes in market 
     interest rates, during the 5-year period following that 
     action.

[[Page S10037]]

       (c) Contents.--The report required by subsection (b) shall 
     include an analysis of the costs imposed by such action on--
       (1) Federal, State, and local government borrowing, 
     including costs associated with debt service payments; and
       (2) private sector borrowing, including costs imposed on--
       (A) consumers;
       (B) small businesses;
       (C) homeowners; and
       (D) commercial lenders.
                                 ______


                      GRASSLEY AMENDMENT NO. 1562

  (Ordered to lie on the table.)
  Mr. GRASSLEY submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:

       At the appropriate place in the amendment add the 
     following:
       (a) Each final cost benefit analysis shall contain an 
     analysis, to the extent practicable, of the effect of the 
     rule on the cumulative financial burden of compliance with 
     the rule and other related existing regulations on persons 
     complying with it.
                                 ______


                        BROWN AMENDMENT NO. 1563

  (Ordered to lie on the table.)
  Mr. BROWN submitted an amendment intended to be proposed by him to 
the bill S. 343, supra; as follows:

       At the appropriate place insert the following:

     SEC. 709. Agency interpretations in civil and criminal 
                   actions.

       (a) In any civil or criminal action to enforce a 
     regulation, and in which the government must prove that the 
     party acted willfully, the factfinder shall consider in 
     making that determination by a federal agency charged with 
     enforcement of the regulation, or a state agency to which 
     enforcement authority has been delegated, that the defendant 
     was in compliance with, was exempt from, or was otherwise not 
     in violation of the rule. The defendant must show:
       (1) that he sought advice in good faith;
       (2) that he did so prior to taking action;
       (3) that he fully and accurately disclosed all material 
     facts to the agency official; and
       (4) that he acted in accord with the advice he was given.
       (b) In making the determinations necessary in (a), the 
     court shall consider:
       (1) the sophistication of the defendant; and
       (2) whether the governmental representative had the 
     authority to make the determination.
       (c) If the factfinder determines that a rule or agency 
     interpretive material failed to give the defendant fair 
     warning of the conduct the rule prohibits or requires, no 
     civil or criminal penalty shall be imposed.
       (d)(1) In any civil or criminal action to enforce a 
     regulation, seeking the retroactive application of a 
     requirement against any person that is based upon--
       (A) an interpretation of a statute, rule, guidance, agency 
     statement of policy, or license requirement or condition; or
       (B) a determination of fact;

     if such determination is different from a prior 
     interpretation or determination by the agency, and if such 
     person reasonably relied upon the prior interpretation or 
     determination.
       (2) The defendant must show:
       (1) that he sought advice in good faith;
       (2) that he did so prior to taking action;
       (3) that he fully and accurately disclosed all material 
     facts to the agency official; and
       (4) that he acted in accord with the advice he was given.
       (3) In making the determinations necessary in (d)(2), the 
     court shall consider:
       (1) the sophistication of the defendant; and
       (2) whether the governmental representative had the 
     authority to make the determination.
       (4) This section shall apply to any civil or criminal 
     action initiated on or after the date of enactment of this 
     section.
       (e) Nothing in this section shall require any agency to 
     issue advisory opinions or rulings.
                                 ______


                        GRAMM AMENDMENT NO. 1564

  (Ordered to lie on the table.)
  Mr. GRAMM submitted an amendment intended to be proposed by him to 
the bill S. 343, supra; as follows:

       At the appropriate place, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Private Property Rights 
     Restoration Act.''.

     SEC. 2. PRIVATE PROPERTY RIGHTS RESTORATION.

       (a) Cause of Action.--(1) The owner of any real property 
     shall have a cause of action against the United States if--
       (A) the application of a statute, regulation, rule, 
     guideline, or policy of the United States restricts, limits, 
     or otherwise takes a right to real property that would 
     otherwise exist in the absence of such application; and
       (B) such application described under subparagraph (A) would 
     result in a discrete and non-negligible reduction in the fair 
     market value of the affected portion of real property.
       (2) Notwithstanding paragraph (1)(B), a prima facie case 
     against the United States shall be established if the 
     Government action described under paragraph (1)(A results in 
     a temporary or permanent diminution of fair market value of 
     the affected portion of real property of the lesser of--
       (A) 25 percent or more; or
       (B) $10,000 or more.
       (b) Jurisdiction.--An action under this Act shall be filed 
     in the United States Court of Federal Claims which shall have 
     exclusive jurisdiction.
       (c) Recovery.--In any action filed under this Act, the 
     owner may elect to recover--
       (1) a sum equal to the diminution in the fair market value 
     of the portion of the property affected by the application of 
     a statute, regulation, rule,
      guideline, or policy described under subsection (a)(1)(A) 
     and retain title; or
       (2) the fair market value of the affected portion of the 
     regulated property prior to the government action and 
     relinquish title to the portion of property regulated.
       (d) Public Nuisance Exception.--(1) No compensation shall 
     be required by virtue of this Act if the owner's use or 
     proposed use of the property amounts to a public nuisance as 
     commonly understood and defined by background principles of 
     nuisance and property law, as understood under the law of the 
     State within which the property is situated.
       (2) To bar an award of damages under this Act, the United 
     States shall have the burden of proof to establish that the 
     use or proposed use of the property is a public nuisance as 
     defined under paragraph (1) of this subsection.

     SEC. 3. APPLICATION; STATUTE OF LIMITATIONS.

       (a) Application.--This Act shall apply to the application 
     of any statute, regulation, rule, guideline, or policy to 
     real property, if such application occurred or occurs on or 
     after January 1, 1994.
       (b) Statute of Limitations.--The statute of limitations for 
     actions brought under this Act shall be six years from the 
     application of any statute, regulation, rule, guideline, or 
     policy of the United States to any affected parcel of 
     property under this Act.

     SEC. 4. AWARD OF COSTS; LITIGATION COSTS.

       (a) In General.--The court, in issuing any final order in 
     any action brought under this Act, shall award costs of 
     litigation (including reasonable attorney and expert witness) 
     to any prevailing plaintiff.
       (b) Payment.--All awards or judgments for plaintiff, 
     including recovery for damages and costs of litigation, shall 
     be paid out of funds of the agency or agencies responsible 
     for issuing the statute, regulation, rule, guideline or 
     policy affecting the reduction in the fair market value of 
     the affected portion of property. Payments shall not be made 
     from a judgment fund.

     SEC. 5. CONSTITUTIONAL OR STATUTORY RIGHTS NOT RESTRICTED.

       Nothing in this Act shall restrict any remedy or any right 
     which any person (or class of persons) may have under any 
     provision of the United States Constitution or any other law.
                                 ______


                        GRAMM AMENDMENT NO. 1565

  (Ordered to lie on the table.)
  Mr. GRAMM submitted an amendment intended to be proposed by him to 
the bill, S. 343, supra; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Omnibus Property Rights Act 
     of 1995''.

                     TITLE I--FINDINGS AND PURPOSES

     SEC. 101. FINDINGS.

       The Congress finds that--
       (1) the private ownership of property is essential to a 
     free society and is an integral part of the American 
     tradition of liberty and limited government;
       (2) the framers of the United States Constitution, in order 
     to protect private property and liberty, devised a framework 
     of Government designed to diffuse power and limit Government;
       (3) to further ensure the protection of private property, 
     the fifth amendment to the United States Constitution was 
     ratified to prevent the taking of private property by the 
     Federal Government, except for public use and with just 
     compensation;
       (4) the purpose of the takings clause of the fifth 
     amendment of the United States Constitution, as the Supreme 
     Court stated in Armstrong v. United States, 364 U.S. 40, 49 
     (1960), is ``to bar Government from forcing some people alone 
     to bear public burdens, which in all fairness and justice, 
     should be borne by the public as a whole'';
       (5) the Federal Government has singled out property holders 
     to shoulder the cost that should be borne by the public, in 
     violation of the just compensation requirement of the takings 
     clause of the fifth amendment of the United States 
     Constitution;
       (6) there is a need both to restrain the Federal Government 
     in its overzealous regulation of the private sector and to 
     protect private property, which is a fundamental right of the 
     American people; and
       (7) the incremental, fact-specific approach that courts now 
     are required to employ in the absence of adequate statutory 
     language to vindicate property rights under the fifth 
     amendment of the United States Constitution has been 
     ineffective and costly and there is a need for Congress to 
     clarify the law and provide an effective remedy.

     SEC. 102. PURPOSE.

       The purpose of this Act is to encourage, support, and 
     promote the private ownership of property by ensuring the 
     constitutional and legal protection of private property by 
     the United States Government by--

[[Page S10038]]

       (1) the establishment of a new Federal judicial claim in 
     which to vindicate and protect property rights;
       (2) the simplification and clarification of court 
     jurisdiction over property right claims;
       (3) the establishment of an administrative procedure that 
     requires the Federal Government to assess the impact of 
     government action on holders of private property;
       (4) the minimization, to the greatest extent possible, of 
     the taking of private property by the Federal Government and 
     to ensure that just compensation is paid by the Government 
     for any taking; and
       (5) the establishment of administrative compensation 
     procedures involving the enforcement of the Endangered 
     Species Act of 1973 and section 404 of the Federal Water 
     Pollution Control Act.

              TITLE II--PROPERTY RIGHTS LITIGATION RELIEF

     SEC. 201. FINDINGS.

       The Congress finds that--
       (1) property rights have been abrogated by the application 
     of laws, regulations, and other actions by the Federal 
     Government that adversely affect the value of private 
     property;
       (2) certain provisions of sections 1346 and 1402 and 
     chapter 91 of title 28, United States Code (commonly known as 
     the Tucker Act), that delineate the jurisdiction of courts 
     hearing property rights claims, complicates the ability of a 
     property owner to vindicate a property owner's right to just 
     compensation for a governmental action that has caused a 
     physical or regulatory taking;
       (3) current law--
       (A) forces a property owner to elect between equitable 
     relief in the district court and monetary relief (the value 
     of the property taken) in the United States Court of Federal 
     Claims;
       (B) is used to urge dismissal in the district court on the 
     ground that the plaintiff should seek just compensation in 
     the Court of Federal Claims; and
       (C) is used to urge dismissal in the Court of Federal 
     Claims on the ground that plaintiff should seek equitable 
     relief in district court;
       (4) property owners cannot fully vindicate property rights 
     in one court;
       (5) property owners should be able to fully recover for a 
     taking of their private property in one court;
       (6) certain provisions of section 1346 and 1402 and chapter 
     91 of title 28, United States Code (commonly known as the 
     Tucker Act) should be amended, giving both the district 
     courts of the United States and the Court of Federal Claims 
     jurisdiction to hear all claims relating to property rights; 
     and
       (7) section 1500 of title 28, United States Code, which 
     denies the Court of Federal Claims jurisdiction to entertain 
     a suit which is pending in another court and made by the same 
     plaintiff, should be repealed.

     SEC. 202. PURPOSES.

       The purposes of this title are to--
       (1) establish a clear, uniform, and efficient judicial 
     process whereby aggrieved property owners can obtain 
     vindication of property rights guaranteed by the fifth 
     amendment to the United States Constitution and this Act;
       (2) amend the Tucker Act, including the repeal of section 
     1500 of title 28, United States Code;
       (3) rectify the constitutional imbalance between the 
     Federal Government and the States; and
       (4) require the Federal Government to compensate property 
     owners for the deprivation of property rights that result 
     from State agencies' enforcement of federally mandated 
     programs.

     SEC. 203. DEFINITIONS.

       For purposes of this title the term--
       (1) ``agency'' means a department, agency, independent 
     agency, or instrumentality of the United States, including 
     any military department, Government corporation, Government-
     controlled corporation, or other establishment in the 
     executive branch of the United States Government;
       (2) ``agency action'' means any action or decision taken by 
     an agency that--
       (A) takes a property right; or
       (B) unreasonably impedes the use of property or the 
     exercise of property interests;
       (3) ``just compensation''--
       (A) means compensation equal to the full extent of a 
     property owner's loss, including the fair market value of the 
     private property taken and business losses arising from a 
     taking, whether the taking is by physical occupation or 
     through regulation, exaction, or other means; and
       (B) shall include compounded interest calculated from the 
     date of the taking until the date the United States tenders 
     payment;
       (4) ``owner'' means the owner or possessor of property or 
     rights in property at the time the taking occurs, including 
     when--
       (A) the statute, regulation, rule, order, guideline, 
     policy, or action is passed or promulgated; or
       (B) the permit, license, authorization, or governmental 
     permission is denied or suspended;
       (5) ``private property'' or ``property'' means all property 
     protected under the fifth amendment to the Constitution of 
     the United States, any applicable Federal or State law, or 
     this Act, and includes--
       (A) real property, whether vested or unvested, including--
       (i) estates in fee, life estates, estates for years, or 
     otherwise;
       (ii) inchoate interests in real property such as remainders 
     and future interests;
       (iii) personalty that is affixed to or appurtenant to real 
     property;
       (iv) easements;
       (v) leaseholds;
       (vi) recorded liens; and
       (vii) contracts or other security interests in, or related 
     to, real property;
       (B) the right to use water or the right to receive water, 
     including any recorded lines on such water right;
       (C) rents, issues, and profits of land, including minerals, 
     timber, fodder, crops, oil and gas, coal, or geothermal 
     energy;
       (D) property rights provided by, or memorialized in, a 
     contract, except that such rights shall not be construed 
     under this title to prevent the United States from 
     prohibiting the formation of contracts deemed to harm the 
     public welfare or to prevent the execution of contracts for--
       (i) national security reasons; or
       (ii) exigencies that present immediate or reasonably 
     foreseeable threats or injuries to life or property;
       (E) any interest defined as property under State law; or
       (F) any interest understood to be property based on custom, 
     usage, common law, or mutually reinforcing understandings 
     sufficiently well-grounded in law to back a claim of 
     interest;
       (6) ``State agency'' means any State department, agency, 
     political subdivision, or instrumentality that--
       (A) carries out or enforces a regulatory program required 
     under Federal law;
       (B) is delegated administrative or substantive 
     responsibility under a Federal regulatory program; or
       (C) receives Federal funds in connection with a regulatory 
     program established by a State,

     if the State enforcement of the regulatory program, or the 
     receipt of Federal funds in connection with a regulatory 
     program established by a State, is directly related to the 
     taking of private property seeking to be vindicated under 
     this Act; and
       (7) ``taking of private property'', ``taking'', or 
     ``take''--
       (A) means any action whereby private property is directly 
     taken as to require compensation under the fifth amendment to 
     the United States Constitution or under this Act, including 
     by physical invasion, regulation, exaction, condition, or 
     other means; and
       (B) shall not include--
       (i) a condemnation action filed by the United States in an 
     applicable court; or
       (ii) an action filed by the United States relating to 
     criminal forfeiture.

     SEC. 204. COMPENSATION FOR TAKEN PROPERTY.

       (a) In General.--No agency or State agency, shall take 
     private property except for public use and with just 
     compensation to the property owner. A property owner shall 
     receive just compensation if--
       (1) as a consequence of an action of any agency, or State 
     agency, private property (whether all or in part) has been 
     physically invaded or taken for public use without the 
     consent of the owner; and
       (2)(A) such action does not substantially advance the 
     stated governmental interest to be achieved by the 
     legislation or regulation on which the action is based;
       (B) such action exacts the owner's constitutional or 
     otherwise lawful right to use the property or a portion of 
     such property as a condition for the granting of a permit, 
     license, variance, or any other agency action without a rough 
     proportionality between the stated need for the required 
     dedication and the impact of the proposed use of the 
     property;
       (C) such action results in the property owner being 
     deprived, either temporarily or permanently, of all or 
     substantially all economically beneficial or productive use 
     of the property or that part of the property affected by the 
     action without a showing that such deprivation inheres in the 
     title itself;
       (D) such action diminishes the fair market value of the 
     affected portion of the property which is the subject of the 
     action by 33 percent or more with respect to the value 
     immediately prior to the governmental action; or
       (E) under any other circumstance where a taking has 
     occurred within the meaning of the fifth amendment of the 
     United States Constitution.
       (b) No Claim Against State or State Instrumentality.--No 
     action may be filed under this section against a State agency 
     for carrying out the functions described under section 
     203(6).
       (c) Burden of Proof.--(1) The Government shall bear the 
     burden of proof in any action described under--
       (A) subsection (a)(2)(A), with regard to showing the nexus 
     between the stated governmental purpose of the governmental 
     interest and the impact on the proposed use of private 
     property;
       (B) subsection (a)(2)(B), with regard to showing the 
     proportionality between the exaction and the impact of the 
     proposed use of the property; and
       (C) subsection (a)(2)(C), with regard to showing that such 
     deprivation of value inheres in the title to the property.
       (2) The property owner shall have the burden of proof in 
     any action described under subsection (a)(2)(D), with regard 
     to establishing the diminution of value of property.
       (d) Compensation and Nuisance Exception to Payment of Just 
     Compensation.--(1) No compensation shall be required by this 
     Act if 

[[Page S10039]]
     the owner's use or proposed use of the property is a nuisance as 
     commonly understood and defined by background principles of 
     nuisance and property law, as understood within the State in 
     which the property is situated, and to bar an award of 
     damages under this Act, the United States shall have the 
     burden of proof to establish that the use or proposed use of 
     the property is a nuisance.
       (2) Subject to paragraph (1), if an agency action directly 
     takes property or a portion of property under subsection (a), 
     compensation to the owner of the property that is affected by 
     the action shall be either the greater of an amount equal 
     to--
       (A) the difference between--
       (i) the fair market value of the property or portion of the 
     property affected by agency action before such property 
     became the subject of the specific government regulation; and
       (ii) the fair market value of the property or portion of 
     the property when such property becomes subject to the agency 
     action; or
       (B) business losses.
       (e) Transfer of Property Interest.--The United States shall 
     take title to the property interest for which the United 
     States pays a claim under this Act.
       (f) Source of Compensation.--Awards of compensation 
     referred to in this section, whether by judgment, settlement, 
     or administrative action, shall be promptly paid by the 
     agency out of currently available appropriations supporting 
     the activities giving rise to the claims for compensation. If 
     insufficient funds are available to the agency in the fiscal 
     year in which the award becomes final, the agency shall 
     either pay the award from appropriations available in the 
     next fiscal year or promptly seek additional appropriations 
     for such purpose.

     SEC. 205. JURISDICTION AND JUDICIAL REVIEW.

       (a) In General.--A property owner may file a civil action 
     under this Act to challenge the validity of any agency action 
     that adversely affects the owner's interest in private 
     property in either the United States District Court or the 
     United States Court of Federal Claims. This section 
     constitutes express waiver of the sovereign immunity of the 
     United States. Notwithstanding any other provision of law and 
     notwithstanding the issues involved, the relief sought, or 
     the amount in controversy, each court shall have concurrent 
     jurisdiction over both claims for monetary relief and claims 
     seeking invalidation of any Act of Congress or any regulation 
     of an agency as defined under this Act affecting private 
     property rights. The plaintiff shall have the election of the 
     court in which to file a claim for relief.
       (b) Standing.--Persons adversely affected by an agency 
     action taken under this Act shall have standing to challenge 
     and seek judicial review of that action.
       (c) Amendments to Title 28, United States Code.--(1) 
     Section 1491(a) of title 28, United States Code, is amended--
       (A) in paragraph (1) by amending the first sentence to read 
     as follows: ``The United States Court of Federal Claims shall 
     have jurisdiction to render judgment upon any claim against 
     the United States for monetary relief founded either upon the 
     Constitution or any Act of Congress or any regulation of an 
     executive department, or upon any express or implied contract 
     with the United States, in cases not sounding in tort, or for 
     invalidation of any Act of Congress or any regulation of an 
     executive department that adversely affects private property 
     rights in violation of the fifth amendment of the United 
     States Constitution'';
       (B) in paragraph (2) by inserting before the first sentence 
     the following: ``In any case within its jurisdiction, the 
     Court of Federal Claims shall have the power to grant 
     injunctive and declaratory relief when appropriate.''; and
       (C) by adding at the end thereof the following new 
     paragraphs:
       ``(4) In cases otherwise within its jurisdiction, the Court 
     of Federal Claims shall also have ancillary jurisdiction, 
     concurrent with the courts designated in section 1346(b) of 
     this title, to render judgment upon any related tort claim 
     authorized under section 2674 of this title.
       ``(5) In proceedings within the jurisdiction of the Court 
     of Federal Claims which constitute judicial review of agency 
     action (rather than de novo proceedings), the provisions of 
     section 706 of title 5 shall apply.''.
       (2)(A) Section 1500 of title 28, United States Code, is 
     repealed.
       (B) The table of sections for chapter 91 of title 28, 
     United States Code, is amended by striking out the item 
     relating to section 1500.
     SEC. 206. STATUTE OF LIMITATIONS.

       The statute of limitations for actions brought under this 
     title shall be 6 years from the date of the taking of private 
     property.

     SEC. 207. ATTORNEYS' FEES AND COSTS.

       The court, in issuing any final order in any action brought 
     under this title, shall award costs of litigation (including 
     reasonable attorney and expert witness fees) to any 
     prevailing plaintiff.

     SEC. 208. RULES OF CONSTRUCTION.

       Nothing in this title shall be construed to interfere with 
     the authority of any State to create additional property 
     rights.

     SEC. 209. EFFECTIVE DATE.

       The provisions of this title and amendments made by this 
     title shall take effect on the date of the enactment of this 
     Act and shall apply to any agency action that occurs after 
     such date.

               TITLE III--ALTERNATIVE DISPUTE RESOLUTION

     SEC. 301. ALTERNATIVE DISPUTE RESOLUTION.

       (a) In General.--Either party to a dispute over a taking of 
     private property as defined under this Act or litigation 
     commenced under title II of this Act may elect to resolve the 
     dispute through settlement or arbitration. In the 
     administration of this section--
       (1) such alternative dispute resolution may only be 
     effectuated by the consent of all parties;
       (2) arbitration procedures shall be in accordance with the 
     alternative dispute resolution procedures established by the 
     American Arbitration Association; and
       (3) in no event shall arbitration be a condition precedent 
     or an administrative procedure to be exhausted before the 
     filing of a civil action under this Act.
       (b) Compensation as a Result of Arbitration.--The amount of 
     arbitration awards shall be paid from the responsible 
     agency's currently available appropriations supporting the 
     agency's activities giving rise to the claim for 
     compensation. If insufficient funds are available to the 
     agency in the fiscal year in which the award becomes final, 
     the agency shall either pay the award from appropriations 
     available in the next fiscal year or promptly seek additional 
     appropriations for such purpose.
       (c) Review of Arbitration.--Appeal from arbitration 
     decisions shall be to the United States District Court or the 
     United States Court of Federal Claims in the manner 
     prescribed by law for the claim under this Act.
       (d) Payment of Certain Compensation.--In any appeal under 
     subsection (c), the amount of the award of compensation shall 
     be promptly paid by the agency from appropriations supporting 
     the activities giving rise to the claim for compensation 
     currently available at the time of final action on the 
     appeal. If insufficient funds are available to the agency in 
     the fiscal year in which the award becomes final, the agency 
     shall either pay the award from appropriations available in 
     the next fiscal year or promptly seek additional 
     appropriations for such purpose.

           TITLE IV--PRIVATE PROPERTY TAKING IMPACT ANALYSIS

     SEC. 401. FINDINGS AND PURPOSE.

       The Congress finds that--
       (1) the Federal Government should protect the health, 
     safety, welfare, and rights of the public; and
       (2) to the extent practicable, avoid takings of private 
     property by assessing the effect of government action on 
     private property rights.

     SEC. 402. DEFINITIONS.

       For purposes of this title the term--
       (1) ``agency'' means an agency as defined under section 203 
     of this Act, but shall not include the General Accounting 
     Office;
       (2) ``rule'' has the same meaning as such term is defined 
     under section 551(4) of title 5, United States Code; and
       (3) ``taking of private property'' has the same meaning as 
     such term is defined under section 203 of this Act.

     SEC. 403. PRIVATE PROPERTY TAKING IMPACT ANALYSIS.

       (a) In General.--(1) The Congress authorizes and directs 
     that, to the fullest extent possible--
       (A) the policies, regulations, and public laws of the 
     United States shall be interpreted and administered in 
     accordance with the policies under this title; and
       (B) subject to paragraph (2), all agencies of the Federal 
     Government shall complete a private property taking impact 
     analysis before issuing or promulgating any policy, 
     regulation, proposed legislation, or related agency action 
     which is likely to result in a taking of private property.
       (2) The provisions of paragraph (1)(B) shall not apply to--
       (A) an action in which the power of eminent domain is 
     formally exercised;
       (B) an action taken--
       (i) with respect to property held in trust by the United 
     States; or
       (ii) in preparation for, or in connection with, treaty 
     negotiations with foreign nations;
       (C) a law enforcement action, including seizure, for a 
     violation of law, of property for forfeiture or as evidence 
     in a criminal proceeding;
       (D) a study or similar effort or planning activity;
       (E) a communication between an agency and a State or local 
     land-use planning agency concerning a planned or proposed 
     State or local activity that regulates private property, 
     regardless of whether the communication is initiated by an 
     agency or is undertaken in response to an invitation by the 
     State or local authority;
       (F) the placement of a military facility or a military 
     activity involving the use of solely Federal property;
       (G) any military or foreign affairs function (including a 
     procurement function under a military or foreign affairs 
     function), but not including the civil works program of the 
     Army Corps of Engineers; and
       (H) any case in which there is an immediate threat to 
     health or safety that constitutes an emergency requiring 
     immediate response or the issuance of a regulation under 
     section 553(b)(B) of title 5, United States Code, if the 
     taking impact analysis is completed after the emergency 
     action is carried out or the regulation is published.

[[Page S10040]]

       (3) A private property taking impact analysis shall be a 
     written statement that includes--
       (A) the specific purpose of the policy, regulation, 
     proposal, recommendation, or related agency action;
       (B) an assessment of the likelihood that a taking of 
     private property will occur under such policy, regulation, 
     proposal, recommendation, or related agency action;
       (C) an evaluation of whether such policy, regulation, 
     proposal, recommendation, or related agency action is likely 
     to require compensation to private property owners;
       (D) alternatives to the policy, regulation, proposal, 
     recommendation, or related agency action that would achieve 
     the intended purposes of the agency action and lessen the 
     likelihood that a taking of private property will occur; and
       (E) an estimate of the potential liability of the Federal 
     Government if the Government is required to compensate a 
     private property owner.
       (4) Each agency shall provide an analysis required under 
     this section as part of any submission otherwise required to 
     be made to the Office of Management and Budget in conjunction 
     with a proposed regulation.
       (b) Guidance and Reporting Requirements.--
       (1) The Attorney General of the United States shall provide 
     legal guidance in a timely manner, in response to a request 
     by an agency, to assist the agency in complying with this 
     section.
       (2) No later than 1 year after the date of enactment of 
     this Act and at the end of each 1-year period thereafter, 
     each agency shall submit a report to the Director of the 
     Office of Management and Budget and the Attorney General of 
     the United States identifying each agency action that has 
     resulted in the preparation of a taking impact analysis, the 
     filing of a taking claim, or an award of compensation under 
     the just compensation clause of the fifth amendment of the 
     United States Constitution. The Director of the Office of 
     Management and Budget and the Attorney General of the United 
     States shall publish in the Federal Register, on an annual 
     basis, a compilation of the reports of all agencies submitted 
     under this paragraph.
       (c) Public Availability of Analysis.--An agency shall--
       (1) make each private property taking impact analysis 
     available to the public; and
       (2) to the greatest extent practicable, transmit a copy of 
     such analysis to the owner or any other person with a 
     property right or interest in the affected property.
       (d) Presumptions in Proceedings.--For the purpose of any 
     agency action or administrative or judicial proceeding, there 
     shall be a rebuttable presumption that the costs, values, and 
     estimates in any private property takings impact analysis 
     shall be outdated and inaccurate, if--
       (1) such analysis was completed 5 years or more before the 
     date of such action or proceeding; and
       (2) such costs, values, or estimates have not been modified 
     within the 5-year period preceding the date of such action or 
     proceeding.

     SEC. 404. DECISIONAL CRITERIA AND AGENCY COMPLIANCE.

       (a) In General.--No final rule shall be promulgated if 
     enforcement of the rule could reasonably be construed to 
     require an uncompensated taking of private property as 
     defined by this Act.
       (b) Compliance.--In order to meet the purposes of this Act 
     as expressed in section 401 of this title, all agencies 
     shall--
       (1) review, and where appropriate, re-promulgate all 
     regulations that result in takings of private property under 
     this Act, and reduce such takings of private property to the 
     maximum extent possible within existing statutory 
     requirements;
       (2) prepare and submit their budget requests consistent 
     with the purposes of this Act as expressed in section 401 of 
     this title for fiscal year 1997 and all fiscal years 
     thereafter; and
       (3) within 120 days of the effective date of this section, 
     submit to the appropriate authorizing and appropriating 
     committees of the Congress a detailed list of statutory 
     changes that are necessary to meet fully the purposes of 
     section 401 of this title, along with a statement 
     prioritizing such amendments and an explanation of the 
     agency's reasons for such prioritization.
     SEC. 405. RULES OF CONSTRUCTION.

       Nothing in this title shall be construed to--
       (1) limit any right or remedy, constitute a condition 
     precedent or a requirement to exhaust administrative 
     remedies, or bar any claim of any person relating to such 
     person's property under any other law, including claims made 
     under this Act, section 1346 or 1402 of title 28, United 
     States Code, or chapter 91 of title 28, United States Code; 
     or
       (2) constitute a conclusive determination of--
       (A) the value of any property for purposes of an appraisal 
     for the acquisition of property, or for the determination of 
     damages; or
       (B) any other material issue.

     SEC. 406. STATUTE OF LIMITATIONS.

       No action may be filed in a court of the United States to 
     enforce the provisions of this title on or after the date 
     occurring 6 years after the date of the submission of the 
     applicable private property taking impact analysis to the 
     Office of Management and Budget.

     TITLE V--PRIVATE PROPERTY OWNERS ADMINISTRATIVE BILL OF RIGHTS

     SEC. 501. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) a number of Federal environmental programs, 
     specifically programs administered under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) and section 404 
     of the Federal Water Pollution Control Act (33 U.S.C. 1344), 
     have been implemented by employees, agents, and 
     representatives of the Federal Government in a manner that 
     deprives private property owners of the use and control of 
     property;
       (2) as Federal programs are proposed that would limit and 
     restrict the use of private property to provide habitat for 
     plant and animal species, the rights of private property 
     owners must be recognized and respected;
       (3) private property owners are being forced by Federal 
     policy to resort to extensive, lengthy, and expensive 
     litigation to protect certain basic civil rights guaranteed 
     by the United States Constitution;
       (4) many private property owners do not have the financial 
     resources or the extensive commitment of time to proceed in 
     litigation against the Federal Government;
       (5) a clear Federal policy is needed to guide and direct 
     Federal agencies with respect to the implementation of 
     environmental laws that directly impact private property;
       (6) all private property owners should and are required to 
     comply with current nuisance laws and should not use property 
     in a manner that harms their neighbors;
       (7) nuisance laws have traditionally been enacted, 
     implemented, and enforced at the State and local level where 
     such laws are best able to protect the rights of all private 
     property owners and local citizens; and
       (8) traditional pollution control laws are intended to 
     protect the general public's health and physical welfare, and 
     current habitat protection programs are intended to protect 
     the welfare of plant and animal species.
       (b) Purposes.--The purposes of this title are to--
       (1) provide a consistent Federal policy to encourage, 
     support, and promote the private ownership of property; and
       (2) to establish an administrative process and remedy to 
     ensure that the constitutional and legal rights of private 
     property owners are protected by the Federal Government and 
     Federal employees, agents, and representatives.

     SEC. 502. DEFINITIONS.

       For purposes of this title the term--
       (1) ``the Acts'' means the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.) and section 404 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1344);
       (2) ``agency head'' means the Secretary or Administrator 
     with jurisdiction or authority to take a final agency action 
     under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.) or section 404 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1344);
       (3) ``non-Federal person'' means a person other than an 
     officer, employee, agent, department, or instrumentality of--
       (A) the Federal Government; or
       (B) a foreign government;
       (4) ``private property owner'' means a non-Federal person 
     (other than an officer, employee, agent, department, or 
     instrumentality of a State, municipality, or political 
     subdivision of a State, acting in an official capacity or a 
     State, municipality, or subdivision of a State) that--
       (A) owns property referred to under paragraph (5) (A) or 
     (B); or
       (B) holds property referred to under paragraph (5)(C);
       (5) ``property'' means--
       (A) land;
       (B) any interest in land; and
       (C) the right to use or the right to receive water; and
       (6) ``qualified agency action'' means an agency action (as 
     that term is defined in section 551(13) of title 5, United 
     States Code) that is taken--
       (A) under section 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1344); or
       (B) under the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.).

     SEC. 503. PROTECTION OF PRIVATE PROPERTY RIGHTS.

       (a) In General.--In implementing and enforcing the Acts, 
     each agency head shall--
       (1) comply with applicable State and tribal government 
     laws, including laws relating to private property rights and 
     privacy; and
       (2) administer and implement the Acts in a manner that has 
     the least impact on private property owners' constitutional 
     and other legal rights.
       (b) Final Decisions.--Each agency head shall develop and 
     implement rules and regulations for ensuring that the 
     constitutional and other legal rights of private property 
     owners are protected when the agency head makes, or 
     participates with other agencies in the making of, any final 
     decision that restricts the use of private property in 
     administering and implementing this Act.

     SEC. 504. PROPERTY OWNER CONSENT FOR ENTRY.

       (a) In General.--An agency head may not enter privately 
     owned property to collect information regarding the property, 
     unless the private property owner has--
       (1) consented in writing to that entry;
       (2) after providing that consent, been provided notice of 
     that entry; and
       (3) been notified that any raw data collected from the 
     property shall be made available at no cost, if requested by 
     the private property owner.

[[Page S10041]]

       (b) Nonapplication.--Subsection (a) does not prohibit entry 
     onto property for the purpose of obtaining consent or 
     providing notice required under subsection (a).

     SEC. 505. RIGHT TO REVIEW AND DISPUTE DATA COLLECTED FROM 
                   PRIVATE PROPERTY.

       An agency head may not use data that is collected on 
     privately owned property to implement or enforce the Acts, 
     unless--
       (1) the agency head has provided to the private property 
     owner--
       (A) access to the information;
       (B) a detailed description of the manner in which the 
     information was collected; and
       (C) an opportunity to dispute the accuracy of the 
     information; and
       (2) the agency head has determined that the information is 
     accurate, if the private property owner disputes the accuracy 
     of the information under paragraph (1)(C).

     SEC. 506. RIGHT TO AN ADMINISTRATIVE APPEAL OF WETLANDS 
                   DECISIONS.

       Section 404 of the Federal Water Pollution Control Act (33 
     U.S.C. 1344) is amended by adding at the end the following 
     new subsection:
       ``(u) Administrative Appeals.--
       ``(1) The Secretary or Administrator shall, after notice 
     and opportunity for public comment, issue rules to establish 
     procedures to allow private property owners or their 
     authorized representatives an opportunity for an 
     administrative appeal of the following actions under this 
     section:
       ``(A) A determination of regulatory jurisdiction over a 
     particular parcel of property.
       ``(B) The denial of a permit.
       ``(C) The terms and conditions of a permit.
       ``(D) The imposition of an administrative penalty.
       ``(E) The imposition of an order requiring the private 
     property owner to restore or otherwise alter the property.
       ``(2) Rules issued under paragraph (1) shall provide that 
     any administrative appeal of an action described in paragraph 
     (1) shall be heard and decided by an official other than the 
     official who took the action, and shall be conducted at a 
     location which is in the vicinity of the property involved in 
     the action.
       ``(3) An owner of private property may receive 
     compensation, if appropriate, subject to the provisions of 
     section 508 of the Emergency Property Owners Relief Act of 
     1995.''.

     SEC. 507. RIGHT TO ADMINISTRATIVE APPEAL UNDER THE ENDANGERED 
                   SPECIES ACT OF 1973.

       Section 11 of the Endangered Species Act of 1973 (16 U.S.C. 
     1540) is amended by adding at the end the following new 
     subsection:
       ``(i) Administrative Appeals.--
       ``(1) The Secretary shall, after notice and opportunity for 
     public comment, issue rules to establish procedures to allow 
     private property owners or their authorized representatives 
     an opportunity for an administrative appeal of the following 
     actions:
       ``(A) A determination that a particular parcel of property 
     is critical habitat of a listed species.
       ``(B) The denial of a permit for an incidental take.
       ``(C) The terms and conditions of an incidental take 
     permit.
       ``(D) The finding of jeopardy in any consultation on an 
     agency action affecting a particular parcel of property under 
     section 7(a)(2) or any reasonable and prudent alternative 
     resulting from such finding.
       ``(E) Any incidental `take' statement, and any reasonable 
     and prudent measures included therein, issued in any 
     consultation affecting a particular parcel of property under 
     section 7(a)(2).
       ``(F) The imposition of an administrative penalty.
       ``(G) The imposition of an order prohibiting or 
     substantially limiting the use of the property.
       ``(2) Rules issued under paragraph (1) shall provide that 
     any administrative appeal of an action described in paragraph 
     (1) shall be heard and decided by an official other than the 
     official who took the action, and shall be conducted at a 
     location which is in the vicinity of the parcel of property 
     involved in the action.
       ``(3) An owner of private property may receive 
     compensation, if appropriate, subject to the provisions of 
     section 508 of the Emergency Property Owners Relief Act of 
     1995.''.

     SEC. 508. COMPENSATION FOR TAKING OF PRIVATE PROPERTY.

       (a) Eligibility.--A private property owner that, as a 
     consequence of a final qualified agency action of an agency 
     head, is deprived of 33 percent or more of the fair market 
     value, or the economically viable use, of the affected 
     portion of the property as determined by a qualified 
     appraisal expert, is entitled to receive compensation in 
     accordance with the standards set forth in section 204 of 
     this Act.
       (b) Time Limitation for Compensation Request.--No later 
     than 90 days after receipt of a final decision of an agency 
     head that deprives a private property owner of fair market 
     value or viable use of property for which compensation is 
     required under subsection (a), the private property owner may 
     submit in writing a request to the agency head for 
     compensation in accordance with subsection (c).
       (c) Offer of Agency Head.--No later than 180 days after the 
     receipt of a request for compensation, the agency head shall 
     stay the decision and shall provide to the private property 
     owner--
       (1) an offer to purchase the affected property of the 
     private property owner at a fair market value assuming no use 
     restrictions under the Acts; and
       (2) an offer to compensate the private property owner for 
     the difference between the fair market value of the property 
     without those restrictions and the fair market value of the 
     property with those restrictions.
       (d) Private Property Owner's Response.--(1) No later than 
     60 days after the date of receipt of the agency head's offers 
     under subsection (c) (1) and (2) the private property owner 
     shall accept one of the offers or reject both offers.
       (2) If the private property owner rejects both offers, the 
     private property owner may submit the matter for arbitration 
     to an arbitrator appointed by the agency head from a list of 
     arbitrators submitted to the agency head by the American 
     Arbitration Association. The arbitration shall be conducted 
     in accordance with the real estate valuation arbitration 
     rules of that association. For purposes of this section, an 
     arbitration is binding on--
       (A) the agency head and a private property owner as to the 
     amount, if any, of compensation owed to the private property 
     owner; and
       (B) whether the private property owner has been deprived of 
     fair market value or viable use of property for which 
     compensation is required under subsection (a).
       (e) Judgment.--A qualified agency action of an agency head 
     that deprives a private property owner of property as 
     described under subsection (a), is deemed, at the option of 
     the private property owner, to be a taking under the United 
     States Constitution and a judgment against the United States 
     if the private property owner--
       (1) accepts the agency head's offer under subsection (c); 
     or
       (2) submits to arbitration under subsection (d).
       (f) Payment.--An agency head shall pay a private property 
     owner any compensation required under the terms of an offer 
     of the agency head that is accepted by the private property 
     owner in accordance with subsection (d), or under a decision 
     of an arbitrator under that subsection, out of currently 
     available appropriations supporting the activities giving 
     rise to the claim for compensation.
      The agency head shall pay to the extent of available funds 
     any compensation under this section not later than 60 days 
     after the date of the acceptance or the date of the 
     issuance of the decision, respectively. If insufficient 
     funds are available to the agency in the fiscal year in 
     which the award becomes final, the agency shall either pay 
     the award from appropriations available in the next fiscal 
     year or promptly seek additional appropriations for such 
     purpose.
       (g) Form of Payment.--Payment under this section, as that 
     form is agreed to by the agency head and the private property 
     owner, may be in the form of--
       (1) payment of an amount equal to the fair market value of 
     the property on the day before the date of the final 
     qualified agency action with respect to which the property or 
     interest is acquired; or
       (2) a payment of an amount equal to the reduction in value.

     SEC. 509. PRIVATE PROPERTY OWNER PARTICIPATION IN COOPERATIVE 
                   AGREEMENTS.

       Section 6 of the Endangered Species Act of 1973 (16 U.S.C. 
     1535) is amended by adding at the end the following new 
     subsection:
       ``(j) Notwithstanding any other provision of this section, 
     when the Secretary enters into a management agreement under 
     subsection (b) with any non-Federal person that establishes 
     restrictions on the use of property, the Secretary shall 
     notify all private property owners or lessees of the property 
     that is subject to the management agreement and shall provide 
     an opportunity for each private property owner or lessee to 
     participate in the management agreement.''.

     SEC. 510. ELECTION OF REMEDIES.

       Nothing in this title shall be construed to--
       (1) deny any person the right, as a condition precedent or 
     as a requirement to exhaust administrative remedies, to 
     proceed under title II or III of this Act;
       (2) bar any claim of any person relating to such person's 
     property under any other law, including claims made under 
     section 1346 or 1402 of title 28, United States Code, or 
     chapter 91 of title 28, United States Code; or
       (3) constitute a conclusive determination of--
       (A) the value of property for purposes of an appraisal for 
     the acquisition of property, or for the determination of 
     damages; or
       (B) any other material issue.

                        TITLE VI--MISCELLANEOUS

     SEC. 601. SEVERABILITY.

       If any provision of this Act, an amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be unconstitutional, the 
     remainder of this Act, the amendments made by this Act, and 
     the application of the provisions of such to any person or 
     circumstance shall not be affected thereby.

     SEC. 602. EFFECTIVE DATE.

       Except as otherwise provided in this Act, the provisions of 
     this Act shall take effect on the date of enactment and shall 
     apply to any agency action of the United States Government 
     after such date.
                                 ______


                PRESSLER (AND OTHERS) AMENDMENT NO. 1566

  (Ordered to lie on the table.)
  
[[Page S10042]]

  Mr. PRESSLER (for himself, Mr. Faircloth, Mr. Burns, and Mr. Thomas) 
submitted an amendment intended to be proposed by them to amendment No. 
1487 proposed by Mr. Dole to the bill, S. 343, supra; as follows:

       At the appropriate place in the Dole substitute amendment 
     No. 1487, insert the following:

     SEC.   . WAIVER OF PENALTIES WHEN FEDERAL WATER POLLUTION 
                   CONTROL ACT COMPLIANCE PLANS ARE IN EFFECT.

       Section 309 of the Federal Water Pollution Control Act (33 
     U.S.C. 1319) is amended by adding at the end the following:
       ``(h) Waiver of Penalties When Compliance Plans Are in 
     Effect.--
       ``(1) In general.--Except as provided in paragraph (2), 
     notwithstanding any other provision of this Act, no civil or 
     administrative penalty may be imposed under this Act against 
     a unit of local government for a violation of a provision of 
     this Act (including a violation of a condition of a permit 
     issued under this Act)--
       ``(A) if the unit of local government has entered into an 
     agreement with the Administrator, the Secretary of the Army 
     (in the case of a violation of section 404), or the State to 
     carry out a compliance plan with respect to a prior violation 
     of the provision by the unit of local government; and
       ``(B) during the period--
       ``(i) beginning on the date on which the unit of local 
     government and the Administrator, the Secretary of the Army 
     (in the case of a violation of section 404), or the State 
     enter into the agreement; and
       ``(ii) ending on the date on which the unit of local 
     government is required to be in compliance with the provision 
     under the plan.
       ``(2) Requirement of good faith.--Paragraph (1) shall not 
     apply during any period in which the Administrator, the 
     Secretary of the Army (in the case of a violation of section 
     404), or the State determines that the unit of local 
     government is not carrying out the compliance plan in good 
     faith.
       ``(3) Other enforcement.--A waiver of penalties provided 
     under paragraph (1) shall not apply with respect to a 
     violation of any provision of this Act other than the 
     provision that is the subject of the agreement described in 
     paragraph (1)(A).''.
                                 ______


                        SIMON AMENDMENT NO. 1567

  (Ordered to lie on the table.)
  Mr. SIMON submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       On page 96, strike lines 22 through 24 and insert the 
     following:
       (a) Effective Date.--Notwithstanding any other provision of 
     this Act, this Act and the amendments made by this Act shall 
     take effect 45 days after the date on which Congress enacts 
     legislation specifying the laws and proposed and existing 
     regulations that will be affected by this Act and the 
     amendments made by this Act.
                                 ______


                 SIMON (AND OTHERS) AMENDMENT NO. 1568

  (Ordered to lie on the table.)
  Mr. SIMON (for himself, Mr. Hatfield, and Mr. Reid) submitted an 
amendment intended to be proposed by them to amendment No. 1487 
proposed by Mr. Dole to the bill, S. 343, supra; as follows:

       At the appropriate place, insert the following new section;

     SEC.   . REPEAL OF PROHIBITIONS AGAINST POLITICAL 
                   RECOMMENDATIONS RELATING TO FEDERAL EMPLOYMENT.

       (a) In General.--(1) Section 3303 of title 5, United States 
     Code, is repealed.
       (b) Technical and Conforming Amendments.--(1) The table of 
     sections for chapter 33 of title 5, United States Code, is 
     amended by striking out the item relating to section 3303.
       (2) Section 2302(b)(2) of title 5, United States Code, is 
     amended to read as follows:
       ``(2) solicit or consider any recommendation or statement, 
     oral or written, with respect to any individual who requests 
     or is under consideration for any personnel action unless 
     such recommendation or statement is based on the personal 
     knowledge or records of the person furnishing it and consists 
     of--
       ``(A) an evaluation of the work performance, ability, 
     aptitude, or general qualifications of such individual; or
       ``(B) an evaluation of the character, loyalty, or 
     suitability of such individual;''.
                                 ______


                    SIMON AMENDMENTS NOS. 1569-1571

  (Ordered to lie on the table.)
  Mr. SIMON submitted three amendments intended to be proposed by him 
to amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; 
as follows:

                           Amendment No. 1569

       On page 34, strike lines 20 through 25 and insert the 
     following:
       ``(i) Failure to Complete Review.--If an agency has not 
     completed review of the rule by the deadline established 
     under subsection (b), the agency shall immediately commence a 
     rulemaking action pursuant to section 553 to repeal the rule.
                                                                    ____


                           Amendment No. 1570

       On page 34, strike lines 20 through 25 and insert the 
     following:
       ``(i) Failure to Complete Review.--If the head of the 
     agency has not completed the review of a rule by the deadline 
     established in the schedule published or modified pursuant to 
     subsection (b) or (c), any person may file a civil action 
     against the head of the agency for injunctive relief to 
     compel the completion of such review by a date certain. The 
     United States District Court for the District of Columbia 
     shall have exclusive jurisdiction to grant such relief. The 
     judge to whom any such case is referred shall hold a hearing 
     on the case at the earliest practicable date and shall 
     expedite the case in every way.
                                                                    ____


                           Amendment No. 1571

       On page 34, strike lines 20 through 25.
                                 ______


                        HATCH AMENDMENT NO. 1572

  (Ordered to lie on the table.)
  Mr. HATCH submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       On page 1, strike lines 3 and 4 and insert: ``This Act may 
     be cited as the `Dole-Johnston Regulatory Reform Act of 
     1995'.''
                                 ______


                   BOND (AND ROBB) AMENDMENT NO. 1573

  (Ordered to lie on the table.)
  Mr. BOND (for himself and Mr. Robb) submitted an amendment intended 
to be proposed by them to amendment No. 1487 proposed by Mr. Dole to 
the bill, S. 343, supra; as follows:

       On page 44, line 15, strike everything after ``Section 
     629'' through page 46 line 4 and replace with the following:

     ``PETITION FOR ALTERNATIVE MEANS OF COMPLIANCE.

       ``(a) In General.--Any person may petition an agency to 
     modify or waive one or more rules or requirements applicable 
     to one or more facilities owned or operated by such person. 
     The agency is authorized to enter into an enforceable 
     agreement establishing methods of compliance, not otherwise 
     permitted by such rules or requirements, to be complied with 
     in lieu of such rules or requirements. The petition shall 
     identify with reasonable specificity, each facility for which 
     an alternative means of compliance is sought, the rules and 
     requirements for which a modification or waiver is sought and 
     the proposed alternative means of compliance and means to 
     verify compliance and for communication with the public. 
     Where a state has delegated authority to operate a federal 
     program within the state, or is authorized to operate a state 
     program in lieu of an otherwise applicable federal program, 
     the relevant agency shall delegate, if the state so requests, 
     its authority under its authority under this section to the 
     state.
       ``(b) Standards.--The agency shall grant the petition if 
     the state in which the facility is located agrees to any 
     alternative means of compliance with
      respect to rules or requirements over which such state has 
     delegated authority to operate a federal program, or is 
     authorized to operate a state program in lieu of an 
     otherwise applicable federal program, and the agency 
     determines that there is a reasonable likelihood that the 
     alternative means of compliance--
       (1) would achieve an overall level of protection of health, 
     safety and the environment at least substantially equivalent 
     to or exceeding the level of protection provided by the rules 
     or requirements subject to the petition;
       (2) would provide a degree of public access to information, 
     and of accountability and enforceability, at least 
     substantially equivalent to the degree provided by the rules 
     and requirements subject to the petition; and
       (3) would not impose an undue burden on the agency 
     responsible for enforcing the agreement entered into pursuant 
     to subsection (f).
       ``(c) Other Procedures.--If the statute authorizing a rule 
     subject to a petition under this section provides specific 
     available procedures or standards allowing an alternative 
     means of compliance for such rule, such petition shall be 
     reviewed consistent with such procedures or standards, unless 
     the head of the agency for good cause finds that reviewing 
     the petition in solely accordance with subsection (b) is in 
     the public interest.
       ``(d) Public Notice and Input.--No later than the date on 
     which the petitioner submits the petition to the agency, the 
     petitioner shall inform the public of the submission of such 
     petition (including a brief description of the petition) 
     through publication of a notice in the newspapers of general 
     circulation in the area in which the facility or facilities 
     are located. Agencies may authorize or require petitioners to 
     use additional or alternative means of informing the public 
     of the submission of such petitions. If the agency proposes 
     to grant the petition, the agency shall provide public notice 
     and opportunity to comment.
       ``(e) Deadline and Limitation on Subsequent Petitions.--A 
     decision to grant or deny a petition under this subsection 
     shall be made no later than 180 days after a complete 
     petition is submitted. Following a decision to deny a 
     petition under this section, no 

[[Page S10043]]
     petition, submitted by the same person, may be granted unless it 
     applies to a different facility, or it is based on a change 
     in a fact, circumstance, or provision of law underlying or 
     otherwise related to the rules or requirements subject to the 
     petition.
       ``(f) Agreement.--Upon granting a petition under this 
     section, the agency shall propose to the petitioner an 
     enforceable agreement establishing alternative methods of 
     compliance for the facility in lieu of the otherwise 
     applicable rules or requirements and identifying such rules 
     and requirements. Not withstanding any other provision of 
     law, such enforceable agreement may modify or waive the terms 
     of any rule or requirement, including any standard, 
     limitation, permit, order, regulations or other requirement 
     issued by the agency consistent with the requirements of 
     subsection (b) and (c), provided that the state in which the 
     facility is located agrees to any modification or waiver of a 
     rule or requirement over which such state has delegated 
     authority to operate a federal program within the state, or 
     is authorized to operate a state program in lieu of an 
     otherwise applicable federal program. If accepted by the 
     petitioner, compliance with such agreement shall be deemed to 
     be compliance with the laws and rules identified in the 
     agreement. The agreement shall contain appropriate mechanisms 
     to assure compliance including money damages and injunctive 
     relief, for violations of the agreement. The agreement may 
     provide the state in which the facility is located with 
     rights equivalent to the agency with respect to one or more 
     provisions of the agreement.
       ``(g) NEPA Nonapplicability.--Approval of an alternative 
     means of compliance under this section by an agency shall not 
     be considered a major Federal action for purposes of the 
     National Environmental Policy Act.
                                 ______


                     LAUTENBERG AMENDMENT NO. 1574

  (Ordered to lie on the table.)
  Mr. LAUTENBERG submitted an amendment intended to be proposed by him 
to amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; 
as follows:

       On page 72, strike lines 1 through page 73 line 5 and 
     insert the following:
       (d) Technical and Conforming Amendments.--
       (1) Chapter analysis.--Part I of title 5, United States 
     Code, is amended by striking the chapter heading and table of 
     sections for chapter 6 and inserting the following

           ``CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS
                  ``SUBCHAPTER I--REGULATORY ANALYSIS

``601. Definitions.
``602. Regulatory agenda.
``603. Initial regulatory flexibility analysis.
``604. Final regulatory flexibility analysis.
``605. Avoidance of duplicative or unnecessary analyses.
``606. Effect on other law.
``607. Preparation of analysis.
``608. Procedures for waiver or delay of completion.
``609. Procedures for gathering comments.
``610. Periodic review of rules.
``611. Judicial review.
``612. Reports and intervention rights.

                 ``SUBCHAPTER II--ANALYSIS AGENCY RULES

``621. Definitions.
``622. Rulemaking cost-benefit analysis.
``623. Agency regulatory review.
``624. Decisional criteria.
``625. Jurisdiction and judicial review.
``626. Deadlines for rulemaking.
``627. Special rule.
``628. Requirements for major environmental management activities.

                   ``SUBCHAPTER III--RISK ASSESSMENTS

``631. Definitions.
``632. Applicability.
``633. Principles for risk assessments.
``634. Petition for review of a major free-standing risk assessment.
``635. Comprehensive risk reduction.
``636. Rule of construction.

                  ``SUBCHAPTER IV--EXECUTIVE OVERSIGHT

``641. Procedures.
``642. Delegation of authority.
``643. Judicial review.
``644. Regulatory agenda.''.

       (2) Subchapter heading.--Chapter 6 of title 5, United 
     States Code, is amended by inserting immediately before 
     section 601, the following subchapter heading:

                 ``SUBCHAPTER I--REGULATORY ANALYSIS''.

       (3) This subsection will be effective one day after 
     enactment.
                                 ______


                        ROTH AMENDMENT NO. 1575

  Mr. ROTH proposed an amendment to amendment No. 1487 proposed by Mr. 
Dole to the bill S. 343, supra; as follows:
       Add a new section 637 to Subchapter III as follows:
     SEC. 637. INTERAGENCY COORDINATION.

       ``(a) To promote the conduct, application, and practice of 
     risk assessment in a consistent manner and to identify risk 
     assessment data and research needs common to more than 1 
     Federal agency, the Director of the Office of Management and 
     Budget, in consultation with the Office of Science and 
     Technology Policy, shall--
       ``(1) periodically survey the manner in which each Federal 
     agency involved in risk assessment is conducting such risk 
     assessment to determine the scope and adequacy of risk 
     assessment practices in use by the Federal Government;
       ``(2) provide advice and recommendations to the President 
     and Congress based on the surveys conducted and 
     determinations made under paragraph (1);
       ``(3) establish appropriate interagency mechanisms to 
     promote--
       ``(A) coordination among Federal agencies conducting risk 
     assessment with respect to the conduct, application, and 
     practice of risk assessment; and
       ``(B) the use of state-of-the-art risk assessment practices 
     throughout the Federal Government;
       ``(4) establish appropriate mechanisms between Federal and 
     State agencies to communicate state-of-the-art risk 
     assessment practices; and
       ``(5) periodically convene meetings with State government 
     representatives and Federal and other leaders to assess the 
     effectiveness of Federal and State cooperation in the 
     development and application of risk assessment.
       ``(b) The President shall appoint National Peer Review 
     Panels to review every 3 years the risk assessment practices 
     of each covered agency for programs designated to protect 
     human health, safety, or the environment. The Panels shall 
     submit a report to the President and the Congress at least 
     every 3 years containing the results of such review.''
                                 ______


                     DODD AMENDMENTS NOS. 1576-1580

  (Ordered to lie on the table.)
  Mr. DODD submitted five amendments intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

                           Amendment No. 1576

       On page 14, between lines 16 and 17, insert the following:
       ``(6) the term `major rule' does not include a rule the 
     primary purpose of which is to protect the health and safety 
     of children.''
                                                                    ____


                           Amendment No. 1577

       On page 50, line 2, strike the period at the end and insert 
     ``; or''.
                                                                    ____


                           Amendment No. 1578

       On page 49, line 21, strike ``or''.
                                                                    ____


                           Amendment No. 1579

       On page 50, between lines 2 and 3, insert the following:
       ``(F) a rule or agency action the primary purposes of which 
     is to protect the health or safety of children.''
                                                                    ____


                           Amendment No. 1580

       On page 88, strike lines 15 through 19 and insert the 
     following:

     ``Sec. 807. Exemptions.

       ``Nothing in this chapter shall apply to rules--
       ``(1) that concern monetary policy proposed or implemented 
     by the Board of Governors of the Federal Reserve System or 
     the Federal Open Market Committee; or
       ``(2) the primary purposes of which is to protect the 
     health or safety of children.''.
                                 ______


                 GLENN (AND OTHERS) AMENDMENT NO. 1581

  Mr. LEVIN (for Mr. Glenn, for himself, Mr. Chafee, Mr. Levin, Mr. 
Lieberman, Mr. Cohen, Mr. Pryor, Mr. Kerry, Mr. Lautenberg, Mr. 
Daschle, Mrs. Boxer, Mr. Kohl, Mr. Simon, Mr. Kennedy, Mr. Dodd, Mrs. 
Murray, Mr. Akaka, Mr. Jeffords, Mr. Biden, Mr. Dorgan, Mr. Baucus, and 
Mr. Kerrey) proposed an amendment to amendment No. 1487 proposed by Mr. 
Dole to the bill, S. 343, supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Regulatory Procedures Reform 
     Act of 1995''.

     SEC. 2. DEFINITIONS.

       Section 551 of title 5, United States Code, is amended--
       (1) in paragraph (13), by striking out ``; and'' and 
     inserting in lieu thereof a semicolon;
       (2) in paragraph (14), by striking out the period and 
     inserting in lieu thereof ``; and''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(15) `Director' means the Director of the Office of 
     Management and Budget.''.

     SEC. 3. ANALYSIS OF AGENCY RULES.

       (a) In General.--Chapter 6 of title 5, United States Code, 
     is amended by adding at the end the following:

               ``SUBCHAPTER II--ANALYSIS OF AGENCY RULES

     ``Sec. 621. Definitions

       ``For purposes of this subchapter the definitions under 
     section 551 shall apply and--
       ``(1) the term `benefit' means the reasonably identifiable 
     significant favorable effects, quantifiable and 
     nonquantifiable including social, environmental, and economic 


[[Page S10044]]
     benefits, that are expected to result directly or indirectly from 
     implementation of or compliance with, a rule or an 
     alternative to a rule;
       ``(2) the term `cost' means the reasonably identifiable 
     significant adverse effects, quantifiable and nonquantifiable 
     including social, environmental, and economic effects that 
     are expected to result directly or indirectly from 
     implementation of, or compliance with, a rule or an 
     alternative to a rule;
       ``(3) the term `cost-benefit analysis' means an evaluation 
     of the costs and benefits of a rule, quantified to the extent 
     feasible and appropriate and otherwise qualitatively 
     described, that is prepared in accordance with the 
     requirements of this subchapter at the level of detail 
     appropriate and practicable for reasoned decisionmaking on 
     the matter involved, taking into consideration the 
     significance and complexity of the decision and any need for 
     expedition;
       ``(4)(A) the term `major rule' means a rule or a group of 
     closely related rules that the agency proposing the rule, the 
     Director, or a designee of the President reasonably 
     determines is likely to have a gross annual effect on the 
     economy of $100,000,000 or more in reasonably quantifiable 
     costs and this limit may be adjusted periodically by the 
     Director, at his or her sole discretion, to account for 
     inflation; and
       ``(B) the term `major rule' shall not include--
       ``(i) a rule that involves the internal revenue laws of the 
     United States;
       ``(ii) a rule or agency action that authorizes the 
     introduction into, or removal from, commerce, or recognizes 
     the marketable status, of a product; or
       ``(iii) a rule exempt from notice and public comment 
     procedure under section 553 of this title;
       ``(5) the term `market-based mechanism' means a regulatory 
     program that--
       ``(A) imposes legal accountability for the achievement of 
     an explicit regulatory objective, including the reduction of 
     environmental pollutants or of risks to human health, safety, 
     or the environment, on each regulated person;
       ``(B) affords maximum flexibility to each regulated person 
     in complying with mandatory regulatory objectives, and such 
     flexibility shall, where feasible and appropriate, include 
     the opportunity to transfer to, or receive from, other 
     persons, including for cash or other legal consideration, 
     increments of compliance responsibility established by the 
     program; and
       ``(C) permits regulated persons to respond at their own 
     discretion in an automatic manner, consistent with 
     subparagraph (B), to changes in general economic conditions 
     and in economic circumstances directly pertinent to the 
     regulatory program without affecting the achievement of the 
     program's explicit regulatory mandates under subparagraph 
     (A);
       ``(6) the term `performance standard' means a requirement 
     that imposes legal accountability for the achievement of an 
     explicit regulatory objective, such as the reduction of 
     environmental pollutants or of risks to human health, safety, 
     or the environment, on each regulated person;
       ``(7) the term `risk assessment' has the same meaning as 
     such term is defined under section 631(5); and
       ``(8) the term `rule' has the same meaning as in section 
     551(4) of this title, and shall not include--
       ``(A) a rule of particular applicability that approves or 
     prescribes for the future rates, wages, prices, services, 
     corporate or financial structures, reorganizations, mergers, 
     acquisitions, accounting practices, or disclosures bearing on 
     any of the foregoing;
       ``(B) a rule relating to monetary policy proposed or 
     promulgated by the Board of Governors of the Federal Reserve 
     System or by the Federal Open Market Committee;
       ``(C) a rule relating to the safety or soundness of 
     federally insured depository institutions or any affiliate of 
     such an institution (as defined in section 2(k) of the Bank 
     Holding Company Act of 1956 (12 U.S.C. 1841(k)); credit 
     unions; the Federal Home Loan Banks; government-sponsored 
     housing enterprises; a Farm Credit System Institution; 
     foreign banks, and their branches, agencies, commercial 
     lending companies or representative offices that operate in 
     the United States and any affiliate of such foreign banks (as 
     those terms are defined in the International Banking Act of 
     1978 (12 U.S.C. 3101)); or a rule relating to the payments 
     system or the protection of deposit insurance funds or Farm 
     Credit Insurance Fund;
       ``(D) a rule issued by the Federal Election Commission or a 
     rule issued by the Federal Communications Commission pursuant 
     to sections 312(a)(7) and 315 of the Communications Act of 
     1934 (47 U.S.C. 312(a)(7) and 315); or
       ``(E) a rule required to be promulgated at least annually 
     pursuant to statute.
     ``Sec. 622. Rulemaking cost-benefit analysis

       ``(a) Before publishing notice of a proposed rulemaking for 
     any rule, each agency shall determine whether the rule is or 
     is not a major rule. For the purpose of any such 
     determination, a group of closely related rules shall be 
     considered as one rule.
       ``(b)(1) If an agency has determined that a rule is not a 
     major rule, the Director or a designee of the President may, 
     as appropriate, determine that the rule is a major rule no 
     later than 30 days after the close of the comment period for 
     the rule.
       ``(2) Such determination shall be published in the Federal 
     Register, together with a succinct statement of the basis for 
     the determination.
       ``(c)(1)(A) When the agency publishes a notice of proposed 
     rulemaking for a major rule, the agency shall issue and place 
     in the rulemaking file an initial cost-benefit analysis, and 
     shall include a summary of such analysis in the notice of 
     proposed rulemaking.
       ``(B)(i) When the Director or a designee of the President 
     has published a determination that a rule is a major rule 
     after the publication of the notice of proposed rulemaking 
     for the rule, the agency shall promptly issue and place in 
     the rulemaking file an initial cost-benefit analysis for the 
     rule and shall publish in the Federal Register a summary of 
     such analysis.
       ``(ii) Following the issuance of an initial cost-benefit 
     analysis under clause (i), the agency shall give interested
      persons an opportunity to comment pursuant to section 553 in 
     the same manner as if the draft cost-benefit analysis had 
     been issued with the notice of proposed rulemaking.
       ``(2) Each initial cost-benefit analysis shall contain--
       ``(A) an analysis of the benefits of the proposed rule, 
     including any benefits that cannot be quantified, and an 
     explanation of how the agency anticipates that such benefits 
     will be achieved by the proposed rule, including a 
     description of the persons or classes of persons likely to 
     receive such benefits;
       ``(B) an analysis of the costs of the proposed rule, 
     including any costs that cannot be quantified, and an 
     explanation of how the agency anticipates that such costs 
     will result from the proposed rule, including a description 
     of the persons or classes of persons likely to bear such 
     costs;
       ``(C) an identification (including an analysis of costs and 
     benefits) of an appropriate number of reasonable alternatives 
     allowed under the statute granting the rulemaking authority 
     for achieving the identified benefits of the proposed rule, 
     including alternatives that--
       ``(i) require no government action;
       ``(ii) will accommodate differences among geographic 
     regions and among persons with differing levels of resources 
     with which to comply; and
       ``(iii) employ voluntary programs, performance standards, 
     or market-based mechanisms that permit greater flexibility in 
     achieving the identified benefits of the proposed rule and 
     that comply with the requirements of subparagraph (D);
       ``(D) an assessment of the feasibility of establishing a 
     regulatory program that operates through the application of 
     market-based mechanisms;
       ``(E) an explanation of the extent to which the proposed 
     rule--
       ``(i) will accommodate differences among geographic regions 
     and among persons with differing levels of resources with 
     which to comply; and
       ``(ii) employs voluntary programs, performance standards, 
     or market-based mechanisms that permit greater flexibility in 
     achieving the identified benefits of the proposed rule;
       ``(F) a description of the quality, reliability, and 
     relevance of scientific or economic evaluations or 
     information in accordance with the cost-benefit analysis and 
     risk assessment requirements of this chapter;
       ``(G) if not expressly or implicitly inconsistent with the 
     statute under which the agency is proposing the rule, an 
     explanation of the extent to which the identified benefits of 
     the proposed rule justify the identified costs of the 
     proposed rule, and an explanation of how the proposed rule is 
     likely to substantially achieve the rulemaking objectives in 
     a more cost-effective manner than the alternatives to the 
     proposed rule, including alternatives identified in 
     accordance with subparagraph (C); and
       ``(H) if a major rule subject to subchapter III addresses 
     risks to human health, safety, or the environment--
       ``(i) a risk assessment in accordance with this chapter; 
     and
       ``(ii) for each such proposed or final rule, an assessment 
     of risk reduction or other benefits associated with each 
     significant regulatory alternative considered by the agency 
     in connection with the rule or proposed rule.
       ``(d)(1) When the agency publishes a final major rule, the 
     agency shall also issue and place in the rulemaking file a 
     final cost-benefit analysis, and shall include a summary of 
     the analysis in the statement of basis and purpose.
       ``(2) Each final cost-benefit analysis shall contain--
       ``(A) a description and comparison of the benefits and 
     costs of the rule and of the reasonable alternatives to the 
     rule described in the rulemaking, including the market-based 
     mechanisms identified under subsection (c)(2)(C)(iii); and
       ``(B) if not expressly or implicitly inconsistent with the 
     statute under which the agency is acting, a reasonable 
     determination, based upon the rulemaking file considered as a 
     whole, whether--
       ``(i) the benefits of the rule justify the costs of the 
     rule; and
       ``(ii) the rule will achieve the rulemaking objectives in a 
     more cost-effective manner than the alternatives described in 
     the rulemaking, including the market-based mechanisms 
     identified under subsection (c)(2)(C)(iii).
       ``(e)(1) The analysis of the benefits and costs of a 
     proposed and a final rule required under this section shall 
     include, to the extent feasible, a quantification or 
     numerical 

[[Page S10045]]
     estimate of the quantifiable benefits and costs. Such quantification or 
     numerical estimate shall be made in the most appropriate 
     units of measurement, using comparable assumptions, including 
     time periods, shall specify the ranges of predictions, and 
     shall explain the margins of error involved in the 
     quantification methods and in the estimates used. An agency 
     shall describe the nature and extent of the nonquantifiable 
     benefits and costs of a final rule pursuant to this section 
     in as precise and succinct a manner as possible. An agency 
     shall not be required to make such evaluation primarily on a 
     mathematical or numerical basis.
       ``(2)(A) In evaluating and comparing costs and benefits and 
     in evaluating the risk assessment information developed under 
     subchapter III, the agency shall rely on cost, benefit, or 
     risk assessment information that is accompanied by data, 
     analysis, or other supporting materials that would enable the 
     agency and other persons interested in the rulemaking to 
     assess the accuracy, reliability, and uncertainty factors 
     applicable to such information.
       ``(B) The agency evaluations of the relationships of the 
     benefits of a proposed and final rule to its costs shall be 
     clearly articulated in accordance with this section.
       ``(f) As part of the promulgation of each major rule that 
     addresses risks to human health, safety, or the environment, 
     the head of the agency or the President shall make a 
     determination that--
       ``(1) the risk assessment and the analysis under subsection 
     (c)(2)(H) are based on a scientific evaluation of the risk 
     addressed by the major rule and that the conclusions of such 
     evaluation are supported by the available information; and
       ``(2) the regulatory alternative chosen will reduce risk in 
     a cost-effective and, to the extent feasible, flexible 
     manner, taking into consideration any of the alternatives 
     identified under subsection (c)(2) (C) and (D).
       ``(g) The requirements of this subchapter shall not alter 
     the criteria for rulemaking otherwise applicable under other 
     statutes.
     ``Sec. 623. Judicial review

       ``(a) Compliance or noncompliance by an agency with the 
     provisions of this subchapter and subchapter III shall not be 
     subject to judicial review except in connection with review 
     of a final agency rule and according to the provisions of 
     this section.
       ``(b) Any determination by a designee of the President or 
     the Director that a rule is, or is not, a major rule shall 
     not be subject to judicial review in any manner.
       ``(c) The determination by an agency that a rule is, or is 
     not, a major rule shall be set aside by a reviewing court 
     only upon a clear and convincing showing that the 
     determination is erroneous in light of the information 
     available to the agency at the time the agency made the 
     determination.
       ``(d) If the cost-benefit analysis or risk assessment 
     required under this chapter has been wholly omitted for any 
     major rule, a court shall vacate the rule and remand the case 
     for further consideration. If an analysis or assessment has 
     been performed, the court shall not review to determine 
     whether the analysis or assessment conformed to the 
     particular requirements of this chapter.
       ``(e) Any cost-benefit analysis or risk assessment prepared 
     under this chapter shall not be subject to judicial 
     consideration separate or apart from review of the agency 
     action to which it relates. When an action for judicial 
     review of an agency action is instituted, any analysis or 
     assessment for such agency action shall constitute part of 
     the whole administrative record of agency action for the 
     purpose of judicial review of the agency action.

     ``Sec. 624. Deadlines for rulemaking

       ``(a) All deadlines in statutes that require agencies to 
     propose or promulgate any rule subject to section 622 or 
     subchapter III during the 2-year period beginning on the 
     effective date of this section shall be suspended until the 
     earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 6 months after the date of the 
     applicable deadline.
       ``(b) All deadlines imposed by any court of the United 
     States that would require an agency to propose or promulgate 
     a rule subject to section 622 or subchapter III during the 2-
     year period beginning on the effective date of this section 
     shall be suspended until the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 6 months after the date of the 
     applicable deadline.
       ``(c) In any case in which the failure to promulgate a rule 
     by a deadline occurring during the 2-year period beginning on 
     the effective date of this section would create an obligation 
     to regulate through individual adjudications, the deadline 
     shall be suspended until the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 6 months after the date of the 
     applicable deadline.
       On page 15, beginning with line 23, strike out all through 
     line 18 on page 21 and insert in lieu thereof the following:
     ``Sec. 625. Agency regulatory review

       ``(a) Preliminary Schedule for Rules.--(1) Not later than 1 
     year after the date of the enactment of this section, and 
     every 5 years thereafter, the head of each agency shall 
     publish in the Federal Register a notice of proposed 
     rulemaking under section 553 that contains a preliminary 
     schedule of rules selected for review under this section by 
     the head of the agency and in the sole discretion of the head 
     of the agency, and request public comment thereon, including 
     suggestions for additional rules warranting review. The 
     agency shall allow at least 180 days for public comment.
       ``(2) The preliminary schedule under this subsection shall 
     propose deadlines for review of each rule listed thereon, and 
     such deadlines shall occur not later than 11 years from the 
     date of publication of the preliminary schedule.
       ``(3) In selecting rules and establishing deadlines for the 
     preliminary schedule, the head of the agency shall consider 
     the extent to which, in the judgment of the head of the 
     agency--
       ``(A) a rule is unnecessary, and the agency has discretion 
     under the statute authorizing the rule to repeal the rule;
       ``(B) the benefits of the rule do not justify its costs or 
     the rule does not achieve the rulemaking objectives in a 
     cost-effective manner;
       ``(C) a rule could be revised in a manner allowed by the 
     statute authorizing the rule so as to--
       ``(i) substantially decrease costs;
       ``(ii) substantially increase benefits; or
       ``(iii) provide greater flexibility for regulated entities, 
     through mechanisms including, but not limited to, those 
     listed in section 622(c)(2)(C)(iii);
       ``(D) the importance of each rule relative to other rules 
     being reviewed under this section; or
       ``(E) the resources expected to be available to the agency 
     to carry out the reviews under this section.
       ``(b) Schedule.--(1) Not later than 1 year after 
     publication of a preliminary schedule under subsection (a), 
     the head of each agency shall publish a final rule that 
     establishes a schedule of rules to be reviewed by the agency 
     under this section.
       ``(2) The schedule shall establish a deadline for 
     completion of the review of each rule listed on the schedule, 
     taking into account the criteria in subsection (a)(3) and 
     comments received in the rulemaking under subsection (a). 
     Each such deadline shall occur not later than 11 years from 
     the date of publication of the preliminary schedule.
       ``(3) The head of the agency shall modify the agency's 
     schedule under this section to reflect any change contained 
     in an appropriations Act under subsection (d).
       ``(c) Judicial Review.--(1) Notwithstanding section 623 and 
     except as provided otherwise in this subsection, judicial 
     review of agency action taken pursuant to the requirements of 
     this section shall be limited to review of compliance or 
     noncompliance with the requirements of this section.
       ``(2) Agency decisions to place, or decline to place, a 
     rule on the schedule, and the deadlines for completion of a 
     rule, shall not be subject to judicial review.
       ``(d) Annual Budget.--(1) The President's annual budget 
     proposal submitted under section 1105(a) of title 31 for each 
     agency subject to this section shall--
       ``(A) identify as a separate sum the amount requested to be 
     appropriated for implementation of this section during the 
     upcoming fiscal year; and
       ``(B) include a list of rules which may be subject to 
     subsection (e)(3) during the year for which the budget 
     proposal is made.
       ``(2) Amendments to the schedule under subsection (b) to 
     place a rule on the schedule for review or change a deadline 
     for review of a rule may be included in annual appropriations 
     Acts for the relevant agencies. An authorizing committee with 
     jurisdiction may recommend, to the House of Representatives 
     or Senate appropriations committee (as the case may be), such 
     amendments. The appropriations committee to which such 
     amendments have been submitted may include the amendments in 
     the annual appropriations Act for the relevant agency. Each 
     agency shall modify its schedule under subsection (b) to 
     reflect such amendments that are enacted into law.
       ``(e) Review of Rule.--(1) For each rule on the schedule 
     under subsection (b), the agency shall--
       ``(A) not later than 2 years before the deadline in such 
     schedule, publish in the Federal Register a notice that 
     solicits public comment regarding whether the rule should be 
     continued, amended, or repealed;
       ``(B) not later than 1 year before the deadline in such 
     schedule, publish in the Federal Register a notice that--
       ``(i) addresses public comments generated by the notice in 
     subparagraph (A);
       ``(ii) contains a preliminary analysis provided by the 
     agency of whether the rule is a major rule, and if so, 
     whether the benefits of the rule justify its costs;
       ``(iii) contains a preliminary determination as to whether 
     the rule should be continued, amended, or repealed; and
       ``(iv) solicits public comment on the preliminary 
     determination for the rule; and
       ``(C) not later than 60 days before the deadline in such 
     schedule, publish in the Federal Register a final notice on 
     the rule that--
       ``(i) addresses public comments generated by the notice in 
     subparagraph (B); and
       ``(ii) contains a final determination of whether to 
     continue, amend, or repeal the rule;
       ``(iii) if the agency determines to continue the rule and 
     the rule is a major rule, describes a final analysis as to 
     whether the benefits of the rule justify its costs; and

[[Page S10046]]

       ``(iv) if the agency determines to amend or repeal the 
     rule, contains a notice of proposed rulemaking under section 
     553.
       ``(2) If the final determination of the agency is to 
     continue the rule, that determination shall take effect 60 
     days after the publication in the Federal Register of the 
     notice in paragraph (1)(C).
       ``(3) If the final determination of the agency is to 
     continue the rule, and the agency has concluded that the 
     benefits do not justify the costs, the agency shall transmit 
     to the appropriate committees of Congress the cost-benefit 
     analysis and a statement of the agency's reasons for 
     continuing the rule.
       ``(f) Deadline for Final Agency Action on Modified Rule.--
     If an agency makes a determination to amend or repeal a major 
     rule under subsection (e)(1)(C)(ii), the agency shall 
     complete final agency action with regard to such rule not 
     later than 2 years of the date of publication of the notice 
     in subsection (e)(1)(C) containing such determination. 
     Nothing in this subsection shall limit the discretion of an 
     agency to decide, after having proposed to modify a major 
     rule, not to promulgate such modification. Such decision 
     shall constitute final agency action for the purposes of 
     judicial review.
       ``(g) Completion of Review or Repeal of Rule.--If an agency 
     has not completed review of the rule by the deadline 
     established under subsection (b), the agency shall 
     immediately commence a rulemaking action pursuant to section 
     553 of this title to repeal the rule and shall complete such 
     rulemaking within 2 years of the deadline established under 
     subsection (b).
       ``(h) Final Agency Action.--(1) The final determination of 
     an agency to continue a rule under subsection (e)(1)(C) shall 
     be considered final agency action.
       ``(2) Failure to promulgate an amended major rule or to 
     make other decisions required by subsection (g) by the date 
     established under such subsection shall be subject to 
     judicial review pursuant to section 706(1) of this title.''.

     ``Sec. 626. Public participation and accountability

       ``In order to maximize accountability for, and public 
     participation in, the development and review of regulatory 
     actions each agency shall, consistent with chapter 5 and 
     other applicable law, provide the public with opportunities 
     for meaningful participation in the development of regulatory 
     actions, including--
       ``(1) seeking the involvement, where practicable and 
     appropriate, of those who are intended to benefit from and 
     those who are expected to be burdened by any regulatory 
     action;
       ``(2) providing in any proposed or final rulemaking notice 
     published in the Federal Register--
       ``(A) a certification of compliance with the requirements 
     of this chapter, or an explanation why such certification 
     cannot be made;
       ``(B) a summary of any regulatory analysis required under 
     this chapter, or under any other legal requirement, and 
     notice of the availability of the regulatory analysis;
       ``(C) a certification that the rule will produce benefits 
     that will justify the cost to the Government and to the 
     public of implementation of, and compliance with, the rule, 
     or an explanation why such certification cannot be made; and
       ``(D) a summary of the results of any regulatory review and 
     the agency's response to such review, including an 
     explanation of any significant changes made to such 
     regulatory action as a consequence of regulatory review;
       ``(3) identifying, upon request, a regulatory action and 
     the date upon which such action was submitted to the 
     designated officer to whom authority was delegated under 
     section 644 for review;
       ``(4) disclosure to the public, consistent with section 
     633(3), of any information created or collected in performing 
     a regulatory analysis required under this chapter, or under 
     any other legal requirement; and
       ``(5) placing in the appropriate rulemaking record all 
     written communications received from the Director, other 
     designated officer, or other individual or entity relating to 
     regulatory review.
       At the appropriate place in the bill, insert the following 
     new section:

     SEC. 627. CONFLICT OF INTEREST RELATING TO COST-BENEFIT 
                   ANALYSES AND RISK ASSESSMENTS.

       (a) Information Bearing on Possible Conflict of Interest.--
       (1) Definition.--For purposes of this section, the term 
     ``contract'' means any contract, agreement, or other 
     arrangement, whether by competitive bid or negotiation, 
     entered into with a Federal agency for the conduct of 
     research, development, evaluation activities, or for 
     technical and management support services relating to any 
     cost-benefit analyses or risk assessment under subchapter II 
     or III of chapter 6 of title 5, United States Code (as added 
     by section 4(a) of this Act). This section shall not apply to 
     the provisions of section 635.
       (2) In general.--When an agency proposes to enter into a 
     contract with a person or entity, such person shall provide 
     to the agency before entering into such contract all relevant 
     information, as determined by the agency, bearing on whether 
     that person has a possible conflict of interest with respect 
     to being able to render impartial, technically sound, or 
     objective assistance or advice in light of other activities 
     or relationships with other persons.
       (3) Subcontractor information.--A person entering into a 
     contract shall ensure, in accordance with regulations 
     prescribed by the head of the agency, compliance with this 
     section by any subcontractor (other than a supply 
     subcontractor) of such person in the case of any subcontract 
     of more than $10,000.
       (b) Required Finding That No Conflict of Interest Exists or 
     That Conflicts Have Been Avoided; Mitigation of Conflict When 
     Conflict Is Unavoidable.--
       (1) In general.--Subject to paragraph (2), the head of an 
     agency shall not enter into any contract unless the agency 
     head finds, after evaluating all information provided under 
     subsection (a) and any other information otherwise made 
     available that--
       (A) it is unlikely that a conflict of interest would exist; 
     or
       (B) such conflict has been avoided after appropriate 
     conditions have been included in such contract.
       (2) Exception.--If the head of an agency determines that a 
     conflict of interest exists and that such conflict of 
     interest cannot be avoided by including appropriate 
     conditions in the contract, the agency head may enter into 
     such contract if the agency head--
       (A) determines that it is in the best interests of the 
     United States to enter into the contract; and
       (B) includes appropriate conditions in such contract to 
     mitigate such conflict.
       (c) Rules and Regulations.--No later than 240 days after 
     the date of the enactment of this Act, the Federal 
     Acquisition Review Council shall publish rules for the 
     implementation of this section, in accordance with section 
     553 of title 5, United States Code, without regard to 
     subsection (a) of such section.

                   ``SUBCHAPTER III--RISK ASSESSMENTS

     ``Sec. 631. Definitions

       ``For purposes of this subchapter, the definitions under 
     sections 551 and 621 shall apply, and--
       ``(1) the term `covered agency' means each agency required 
     to comply with this subchapter, as provided in section 632;
       ``(2) the term `emergency' means an imminent or substantial 
     endangerment to public health, safety, or the environment if 
     no action is taken;
       ``(3) the term `exposure assessment' means the scientific 
     determination of the intensity, frequency, and duration of 
     exposures to the hazard in question;
       ``(4) the term `hazard assessment' means the scientific 
     determination of whether a hazard can cause an increased 
     incidence of one or more significant adverse effects, and a 
     scientific evaluation of the relationship between the degree 
     of exposure to a perceived cause of an adverse effect and the 
     incidence and severity of the effect;
       ``(5) the term `risk assessment' means the systematic 
     process of organizing and analyzing scientific knowledge and 
     information on potential hazards, including as appropriate 
     for the specific risk involved, hazard assessment, exposure 
     assessment, and risk characterization;
       ``(6) the term `risk characterization' means the 
     integration and organization of hazard and exposure 
     assessment to estimate the potential for specific harm to an 
     exposed individual population or natural resource including, 
     to the extent feasible, a characterization of the 
     distribution of risk as well as an analysis of uncertainties, 
     variabilities, conflicting information, and inferences and 
     assumptions in the assessment;
       ``(7) the term `screening analysis' means an analysis using 
     simple conservative postulates to arrive at an estimate of 
     upper and lower bounds as appropriate; and
       ``(8) the term `substitution risk' means an increased risk 
     to human health, safety, or the environment reasonably likely 
     to result from a regulatory option.

     ``Sec. 632. Applicability

       ``(a) Except as provided in subsection (c), this subchapter 
     shall apply to all risk assessments and risk 
     characterizations prepared in connection with a major rule 
     addressing health, safety, and environmental risks by--
       ``(1) the Secretary of Defense, for major rules relating to 
     the programs and responsibilities of the United States Army 
     Corps of Engineers;
       ``(2) the Secretary of the Interior, for major rules 
     relating to the programs and responsibilities of the Office 
     of Surface Mining Reclamation and Enforcement;
       ``(3) the Secretary of Agriculture, for major rules 
     relating to the programs and responsibilities of--
       ``(A) the Animal and Plant Health Inspection Service;
       ``(B) the Grain Inspection, Packers, and Stockyards 
     Administration;
       ``(C) the Food Safety and Inspection Service;
       ``(D) the Forest Service; and
       ``(E) the Natural Resources Conservation Service;
       ``(4) the Secretary of Commerce, for major rules relating 
     to the programs and responsibilities of the National Marine 
     Fisheries Service;
       ``(5) the Secretary of Labor, for major rules relating to 
     the programs and responsibilities of--
       ``(A) the Occupational Safety and Health Administration; 
     and
       ``(B) the Mine Safety and Health Administration;

[[Page S10047]]

       ``(6) the Secretary of Health and Human Services, for major 
     rules relating to the programs and responsibilities assigned 
     to the Food and Drug Administration;
       ``(7) the Secretary of Transportation, for major rules 
     relating to the programs and responsibilities assigned to--
       ``(A) the Federal Aviation Administration; and
       ``(B) the National Highway Traffic Safety Administration;
       ``(8) the Secretary of Energy, for major rules relating to 
     nuclear safety, occupational safety and health, and 
     environmental restoration and waste management;
       ``(9) the Chairman of the Consumer Product Safety 
     Commission;
       ``(10) the Administrator of the Environmental Protection 
     Agency; and
       ``(11) the Chairman of the Nuclear Regulatory Commission.
       ``(b)(1) No later than 18 months after the effective date 
     of this section, the President, acting through the Director 
     of the Office of Management and Budget, shall determine 
     whether other Federal agencies should be considered covered 
     agencies for the purposes of this subchapter. Such 
     determination, with respect to a particular Federal agency, 
     shall be based on the impact of risk assessment documents and 
     risk characterization documents on--
       ``(A) regulatory programs administered by that agency; and
       ``(B) the communication of risk information by that agency 
     to the public.
       ``(2) If the President makes a determination under 
     paragraph (1), this subchapter shall apply to any agency 
     determined to be a covered agency beginning on a date set by 
     the President. Such date may be no later than 6 months after 
     the date of such determination.
       ``(c)(1) This subchapter shall not apply to risk 
     assessments or risk characterizations performed with respect 
     to--
       ``(A) an emergency determined by the head of an agency;
       ``(B) a health, safety, or environmental inspection, 
     compliance or enforcement action, or individual facility 
     permitting action; or
       ``(C) a screening analysis.
       ``(2) This subchapter shall not apply to any food, drug, or 
     other product label, or to any risk characterization 
     appearing on any such label.

     ``Sec. 633. Savings provisions

       ``Nothing in this subchapter shall be construed to--
       ``(1) modify any statutory standard or requirement designed 
     to protect human health, safety, or the environment; or
       ``(2) require the disclosure of any trade secret or other 
     confidential information.

     ``Sec. 634. Principles for risk assessments

       ``(a)(1) The head of each agency shall design and conduct 
     risk assessments in a manner that promotes rational and 
     informed risk management decisions and informed public input 
     into the process of making agency decisions.
       ``(2) The head of each agency shall establish and maintain 
     a distinction between risk assessment and risk management.
       ``(3) An agency may take into account priorities for 
     managing risks, including the types of information that would 
     be important in evaluating a full range of alternatives, in 
     developing priorities for risk assessment activities.
       ``(4) An agency shall not be required to repeat discussions 
     or explanations in each risk assessment required under this 
     subchapter if there is an unambiguous reference to a relevant 
     discussion or explanation in another reasonably available 
     agency document that meets the requirements of this section.
       ``(5)(A) In conducting a risk assessment, the head of each 
     agency shall employ the level of detail and rigor appropriate 
     and practicable for reasoned decisionmaking in the matter 
     involved, proportionate to the significance and complexity of 
     the potential agency action and the need for expedition.
       ``(B)(i) Each agency shall develop and use an iterative 
     process for risk assessment, starting with relatively 
     inexpensive screening analyses and progressing to more 
     rigorous analyses, as circumstances or results warrant.
       ``(ii) In determining whether or not to proceed to a more 
     detailed analysis, the head of the agency shall take into 
     consideration whether or not use of additional data or the 
     analysis thereof would significantly change the estimate of 
     risk.
       ``(b)(1) The head of each agency shall consider in each 
     risk assessment sound, reasonably available scientific 
     information, including scientific information that finds or 
     fails to find a correlation between a potential hazard and an 
     adverse effect, and data regarding exposure and other 
     relevant physical conditions.
       ``(2) The head of an agency shall select data for use in 
     the assessment based on an appropriate consideration of the 
     quality and relevance of the data, and shall describe the 
     basis for selecting the data.
       ``(3) In making its selection of data, the head of an 
     agency shall consider whether the data were developed in 
     accordance with good scientific practice or other appropriate 
     protocols to ensure data quality.
       ``(4) Subject to paragraph (3), relevant scientific data 
     submitted by interested parties shall be reviewed and 
     considered in the analysis by the head of an agency under 
     paragraph (2).
       ``(5) When material conflicts among scientific data appear 
     to exist, the risk assessment shall include a discussion of 
     all relevant information, including the likelihood of 
     alternative interpretations of data.
       ``(c)(1) To the maximum extent practicable, the head of 
     each agency shall use postulates, including default 
     assumptions, inferences, models, or safety factors, when 
     relevant and adequate scientific data and understanding, 
     including site-specific data, are lacking.
       ``(2) When a risk assessment involves choice of a 
     postulate, the head of the agency shall--
       ``(A) identify the postulate and its scientific or policy 
     basis, including the extent to which the postulate has been 
     validated by, or conflicts with, empirical data;
       ``(B) explain the basis for any choices among postulates; 
     and
       ``(C) describe reasonable alternative postulates that were 
     not selected by the agency for use in the risk assessment, 
     and the sensitivity for the conclusions of the risk 
     assessment to the alternatives, and the rationale for not 
     using such alternatives.
       ``(3) An agency shall not inappropriately combine or 
     compound multiple postulates.
       ``(4) The head of each agency shall develop a procedure and 
     publish guidelines for choosing default postulates and for 
     deciding when and how in a specific risk assessments to adopt 
     alternative postulates or to use available scientific 
     information in place of a default postulate.
       ``(d) The head of each agency shall provide appropriate 
     opportunities for public participation and comment on risk 
     assessments.
       ``(e) In each risk assessment supporting a major rule, the 
     head of each agency shall include in the risk 
     characterization, as appropriate, each of the following:
       ``(1) A description of the hazard of concern.
       ``(2) A description of the populations or natural resources 
     that are the subject of the risk assessment.
       ``(3) An explanation of the exposure scenarios used in the 
     risk assessment, including an estimate of the corresponding 
     population at risk and the likelihood of such exposure 
     scenarios.
       ``(4) A description of the nature and severity of the harm 
     that could plausibly occur.
       ``(5) A description of the major uncertainties in each 
     component of the risk assessment and their influence on the 
     results of the assessment.
       ``(f) To the extent feasible and scientifically 
     appropriate, the head of an agency shall--
       ``(1) express the overall estimate of risk as a range or 
     probability distribution that reflects variabilities and 
     uncertainties in the analysis;
       ``(2) provide the range and distribution of risks and the 
     corresponding exposure scenarios, identifying the range and 
     distribution of risk to the general population and, where 
     appropriate, to more highly exposed or sensitive 
     subpopulations; and
       ``(3) where quantitative estimates of the range and 
     distribution of risk estimates are not available, describe 
     the qualitative factors influencing the range of possible 
     risks.
       ``(g) The head of an agency shall place the nature and 
     magnitude of risks to human health, safety, and the 
     environment being analyzed in context, including appropriate 
     comparisons with other risks that are familiar to, and 
     routinely encountered by, the general public. Such 
     comparisons should consider relevant distinctions among 
     risks, such as the voluntary or involuntary nature of risks.
       ``(h) In any notice of proposed or final regulatory action 
     subject to this subchapter, the head of an agency shall 
     describe significant substitution risks to human health or 
     safety identified by the agency or contained in information 
     provided to the agency by a commentator.

     ``Sec. 635. Peer review

       ``(a) The head of each covered agency shall develop a 
     systematic program for independent and external peer review 
     required under subsection (b). (1) Such program shall be 
     applicable throughout each covered agency and--
       ``(A) shall provide for the creation or utilization of peer 
     review panels, expert bodies, or other formal or informal 
     devices that are balanced and that consist of members with 
     expertise relevant to the sciences involved in regulatory 
     decisions and who are independent of the covered agency; and
       ``(B) be broadly representative and balanced and, to the 
     extent relevant and appropriate, may include persons 
     affiliated with Federal, State, local, or tribal governments, 
     small businesses, other representatives of industry, 
     universities, agriculture, labor consumers, conservation 
     organizations, or other public interest groups and 
     organizations;
       ``(2) may exclude any person with substantial and relevant 
     expertise as a panel member on the basis that such person 
     represents an entity that may have a potential financial 
     interest in the outcome, or may include such person if such 
     interest is fully disclosed to the agency, and in the case of 
     a regulatory decision affecting a single entity, no peer 
     reviewer representing such entity may be included on the 
     panel;
       ``(3) shall provide for a timely completed peer review, 
     meeting agency deadlines, that contains a balanced 
     presentation of all considerations, including minority 
     reports and an agency response to all significant peer review 
     comments; and
       ``(4) shall provide adequate protections for confidential 
     business information and trade secrets, including requiring 
     panel members to enter into confidentiality agreements.

[[Page S10048]]

       ``(b)(1)(A) Except as provided under subparagraph (B), each 
     covered agency shall provide for peer review in accordance 
     with this section of any risk assessment or cost-benefit 
     analysis that forms the basis of any major rule that 
     addresses risks to the environment, health, or safety.
       ``(B) Subparagraph (A) shall not apply to a rule or other 
     action taken by an agency to authorize or approve any 
     individual substance or product.
       ``(2) The Director of the Office of Management and Budget 
     may order that peer review be provided for any risk 
     assessment or cost-benefit analysis that is likely to have a 
     significant impact on public policy decisions or would 
     establish an important precedent.
       ``(c) Each peer review under this section shall include a 
     report to the Federal agency concerned with respect to the 
     scientific and technical merit of data and methods used for 
     the risk assessments or cost-benefit analyses.
       ``(d) The head of the covered agency shall provide a 
     written response to all significant peer review comments.
       ``(e) All peer review comments or conclusions and the 
     agency's responses shall be made available to the public and 
     shall be made part of the administrative record for purposes 
     of judicial review of any final agency action.
       ``(f) No peer review shall be required under this section 
     for any data, method, document, or assessment, or any 
     component thereof, which has been previously subjected to 
     peer review.
       ``(g) The requirements of this subsection shall not apply 
     to a specific rulemaking where the head of an agency has 
     published a determination, with the concurrence of the 
     Administrator of the Office of Information and Regulatory 
     Affairs, and notified the Congress, that the agency is unable 
     to comply fully with the peer review requirements of this 
     subsection and that the rulemaking process followed by that 
     agency provides sufficient opportunity for scientific or 
     technical review of risk assessments or cost-benefit analysis 
     required by this subchapter.''

     ``Sec. 636. Guidelines, plan for assessing new information, 
       and report

       ``(a)(1)(A) As soon as practicable and scientifically 
     feasible, each covered agency shall adopt, after notification 
     and opportunity for public comment, guidelines to implement 
     the risk assessment principles under section 634, as well as 
     the cost-benefit analysis requirements under section 622, and 
     shall provide a format for summarizing risk assessment 
     results.
       ``(B) No later than 12 months after the effective date of 
     this section, the head of each covered agency shall issue a 
     report on the status of such guidelines to the Congress.
       ``(2) The guidelines under paragraph (1) shall--
       ``(A) include guidance on use of specific technical 
     methodologies and standards for acceptable quality of 
     specific kinds of data;
       ``(B) address important decisional factors for the risk 
     assessment, risk characterization, and cost-benefit analysis 
     at issue; and
       ``(C) provide procedures for the refinement and replacement 
     of policy-based default assumptions.
       ``(b) The guidelines, plan and report under this section 
     shall be developed after notice and opportunity for public 
     comment, and after consultation with representatives of 
     appropriate State agencies and local governments, and such 
     other departments and agencies, organizations, or persons as 
     may be advisable.
       ``(c) The President shall review the guidelines published 
     under this section at least every 4 years.
       ``(d) The development, issuance, and publication of risk 
     assessment and risk characterization guidelines under this 
     section shall not be subject to judicial review.

     ``Sec. 637. Research and training in risk assessment

       ``(a) The head of each covered agency shall regularly and 
     systematically evaluate risk assessment research and training 
     needs of the agency, including, where relevant and 
     appropriate, the following:
       ``(1) Research to reduce generic data gaps, to address 
     modelling needs (including improved model sensitivity), and 
     to validate default options, particularly those common to 
     multiple risk assessments.
       ``(2) Research leading to improvement of methods to 
     quantify and communicate uncertainty and variability among 
     individuals, species, populations, and, in the case of 
     ecological risk assessment, ecological communities.
       ``(3) Emerging and future areas of research, including 
     research on comparative risk analysis, exposure to multiple 
     chemicals and other stressors, noncancer endpoints, 
     biological markers of exposure and effect, mechanisms of 
     action in both mammalian and nonmammalian species, dynamics 
     and probabilities of physiological and ecosystem exposures, 
     and prediction of ecosystem-level responses.
       ``(4) Long-term needs to adequately train individuals in 
     risk assessment and risk assessment application. Evaluations 
     under this paragraph shall include an estimate of the 
     resources needed to provide necessary training.
       ``(b) The head of each covered agency shall develop a 
     strategy and schedule for carrying out research and training 
     to meet the needs identified in subsection (a).
     ``Sec. 638. Interagency coordination

       ``(a) To promote the conduct, application, and practice of 
     risk assessment in a consistent manner and to identify risk 
     assessment data and research needs common to more than 1 
     Federal agency, the Director of the Office of Management and 
     Budget, in consultation with the Office of Science and 
     Technology Policy, shall--
       ``(1) periodically survey the manner in which each Federal 
     agency involved in risk assessment is conducting such risk 
     assessment to determine the scope and adequacy of risk 
     assessment practices in use by the Federal Government;
       ``(2) provide advice and recommendations to the President 
     and Congress based on the surveys conducted and 
     determinations made under paragraph (1);
       ``(3) establish appropriate interagency mechanisms to 
     promote--
       ``(A) coordination among Federal agencies conducting risk 
     assessment with respect to the conduct, application, and 
     practice of risk assessment; and
       ``(B) the use of state-of-the-art risk assessment practices 
     throughout the Federal Government;
       ``(4) establish appropriate mechanisms between Federal and 
     State agencies to communicate state-of-the-art risk 
     assessment practices; and
       ``(5) periodically convene meetings with State government 
     representatives and Federal and other leaders to assess the 
     effectiveness of Federal and State cooperation in the 
     development and application of risk assessment.
       ``(b) review every 3 years the risk assessment practices of 
     each covered agency for programs designed to protect human 
     health, safety, or the environment and submit a report to the 
     President and the Congress at least every 3 years containing 
     the results of such review.

     ``Sec. 639. Plan for review of risk assessments

       ``(a) No later than 18 months after the effective date of 
     this section, the head of each covered agency shall publish a 
     plan to review and revise any risk assessment published 
     before the expiration of such 18-month period if the covered 
     agency determines that significant new information or 
     methodologies are available that could significantly alter 
     the results of the prior risk assessment.
       ``(b) A plan under subsection (a) shall--
       ``(1) provide procedures for receiving and considering new 
     information and risk assessments from the public; and
       ``(2) set priorities and criteria for review and revision 
     of risk assessments based on such factors as the agency head 
     considers appropriate.
     ``Sec. 640. Judicial review

       ``The provisions of section 623 relating to judicial review 
     shall apply to this subchapter.

     ``Sec. 640a. Deadlines for rulemaking

       ``The provisions of section 624 relating to deadlines for 
     rulemaking shall apply to this subchapter.
                  ``SUBCHAPTER IV--EXECUTIVE OVERSIGHT

     ``Sec. 641. Definition

       ``For purposes of this subchapter, the definitions under 
     sections 551 and 621 shall apply.

     ``Sec. 642. Procedures

       ``The Director or other designated officer to whom 
     authority is delegated under section 644 shall--
       ``(1) establish procedures for agency compliance with this 
     chapter; and
       ``(2) monitor, review, and ensure agency implementation of 
     such procedures.
     ``Sec. 643. Promulgation and adoption

       ``(a) Procedures established pursuant to section 642 shall 
     only be implemented after opportunity for public comment. Any 
     such procedures shall be consistent with the prompt 
     completion of rulemaking proceedings.
       ``(b)(1) If procedures established pursuant to section 642 
     include review of any initial or final analyses of a rule 
     required under this chapter, the time for any such review of 
     any initial analysis shall not exceed 60 days following the 
     receipt of the analysis by the Director, a designee of the 
     President, or by an officer to whom the authority granted 
     under section 642 has been delegated pursuant to section 644.
       ``(2) The time for review of any final analysis required 
     under this chapter shall not exceed 60 days following the 
     receipt of the analysis by the Director, a designee of the 
     President, or such officer.
       ``(3)(A) The times for each such review may be extended for 
     good cause by the President or such officer for an additional 
     30 days.
       ``(B) Notice of any such extension, together with a 
     succinct statement of the reasons therefor, shall be inserted 
     in the rulemaking file.

     ``Sec. 644. Delegation of authority

       ``(a) The President shall delegate the authority granted by 
     this subchapter to the Director or to another officer within 
     the Executive Office of the President whose appointment has 
     been subject to the advice and consent of the Senate.
       ``(b) Notice of any delegation, or any revocation or 
     modification thereof shall be published in the Federal 
     Register.

     ``Sec. 645. Public disclosure of information

       ``The Director or other designated officer to whom 
     authority is delegated under section 644, in carrying out the 
     provisions of section 642, shall establish procedures 
     (covering all employees of the Director or other 

[[Page S10049]]
     designated officer) to provide public and agency access to information 
     concerning regulatory review actions, including--
       ``(1) disclosure to the public on an ongoing basis of 
     information regarding the status of regulatory actions 
     undergoing review;
       ``(2) disclosure to the public, no later than publication 
     of, or other substantive notice to the public concerning a 
     regulatory action, of--
       ``(A) all written communications, regardless of form or 
     format, including drafts of all proposals and associated 
     analyses, between the Director or other designated officer 
     and the regulatory agency;
       ``(B) all written communications, regardless of form or 
     format, between the Director or other designated officer and 
     any person not employed by the executive branch of the 
     Federal Government relating to the substance of a regulatory 
     action;
       ``(C) a record of all oral communications relating to the 
     substance of a regulatory action between the Director or 
     other designated officer and any person not employed by the 
     executive branch of the Federal Government; and
       ``(D) a written explanation of any review action and the 
     date of such action; and
       ``(3) disclosure to the regulatory agency, on a timely 
     basis, of--
       ``(A) all written communications between the Director or 
     other designated officer and any person who is not employed 
     by the executive branch of the Federal Government;
       ``(B) a record of all oral communications, and an 
     invitation to participate in meetings, relating to the 
     substance of a regulatory action between the Director or 
     other designated officer and any person not employed by the 
     executive branch of the Federal Government; and
       ``(C) a written explanation of any review action taken 
     concerning an agency regulatory action.

     ``Sec. 646. Judicial review

       ``The exercise of the authority granted under this 
     subchapter by the Director, the President, or by an officer 
     to whom such authority has been delegated under section 644 
     shall not be subject to judicial review in any manner.''.
       (b) Regulatory Flexibility Analysis.--
       (1) In general.--Section 611 of title 5, United States 
     Code, is amended to read as follows:

     ``Sec. 611. Judicial review

       ``(a)(1) Except as provided in paragraph (2), no later than 
     1 year after the effective date of a final rule with respect 
     to which an agency--
       ``(A) certified, pursuant to section 605(b), that such rule 
     would not have a significant economic impact on a substantial 
     number of small entities; or
       ``(B) prepared a final regulatory flexibility analysis 
     pursuant to section 604,
     an affected small entity may petition for the judicial review 
     of such certification or analysis in accordance with this 
     subsection. A court having jurisdiction to review such rule 
     for compliance with section 553 of this title or under any
      other provision of law shall have jurisdiction to review 
     such certification or analysis.
       ``(2)(A) Except as provided in subparagraph (B), in the 
     case of a provision of law that requires that an action 
     challenging a final agency regulation be commenced before the 
     expiration of the 1-year period provided in paragraph (1), 
     such lesser period shall apply to a petition for the judicial 
     review under this subsection.
       ``(B) In a case in which an agency delays the issuance of a 
     final regulatory flexibility analysis pursuant to section 
     608(b), a petition for judicial review under this subsection 
     shall be filed no later than--
       ``(i) 1 year; or
       ``(ii) in a case in which a provision of law requires that 
     an action challenging a final agency regulation be commenced 
     before the expiration of the 1-year period provided in 
     paragraph (1), the number of days specified in such provision 
     of law,
     after the date the analysis is made available to the public.
       ``(3) For purposes of this subsection, the term `affected 
     small entity' means a small entity that is or will be 
     adversely affected by the final rule.
       ``(4) Nothing in this subsection shall be construed to 
     affect the authority of any court to stay the effective date 
     of any rule or provision thereof under any other provision of 
     law.
       ``(5)(A) In a case in which an agency certifies that such 
     rule would not have a significant economic impact on a 
     substantial number of small entities, the court may order the 
     agency to prepare a final regulatory flexibility analysis 
     pursuant to section 604 if the court determines, on the basis 
     of the rulemaking record, that the certification was 
     arbitrary, capricious, an abuse of discretion, or otherwise 
     not in accordance with law.
       ``(B) In a case in which the agency prepared a final 
     regulatory flexibility analysis, the court may order the 
     agency to take corrective action consistent with section 604 
     if the court determines, on the basis of the rulemaking 
     record, that the final regulatory flexibility analysis was 
     prepared by the agency without complying with section 604.
       ``(6) If, by the end of the 90-day period beginning on the 
     date of the order of the court pursuant to paragraph (5) (or 
     such longer period as the court may provide), the agency 
     fails, as appropriate--
       ``(A) to prepare the analysis required by section 604; or
       ``(B) to take corrective action consistent with section 604 
     of this title,
     the court may stay the rule or grant such other relief as it 
     deems appropriate.
       ``(7) In making any determination or granting any relief 
     authorized by this subsection, the court shall take due 
     account of the rule of prejudicial error.
       ``(b) In an action for the judicial review of a rule, any 
     regulatory flexibility analysis for such rule (including an 
     analysis prepared or corrected pursuant to subsection (a)(5)) 
     shall constitute part of the whole record of agency action in 
     connection with such review.
       ``(c) Nothing in this section bars judicial review of any 
     other impact statement or similar analysis required by any 
     other law if judicial review of such statement or analysis is 
     otherwise provided by law.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the effective date of this Act, except 
     that the judicial review authorized by section 611(a) of 
     title 5, United States Code (as added by subsection (a)), 
     shall apply only to final agency rules issued after such 
     effective date.
       (c) Presidential Authority.--Nothing in this Act shall 
     limit the exercise by the President of the authority and 
     responsibility that the President otherwise possesses under 
     the Constitution and other laws of the United States with 
     respect to regulatory policies, procedures, and programs of 
     departments, agencies, and offices.
       (d) Technical and Conforming Amendments.--
       (1) Part I of title 5, United States Code, is amended by 
     striking out the chapter heading and table of sections for 
     chapter 6 and inserting in lieu thereof the following:
           ``CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS
                  ``SUBCHAPTER I--REGULATORY ANALYSIS

``Sec.
``601. Definitions.
``602. Regulatory agenda.
``603. Initial regulatory flexibility analysis.
``604. Final regulatory flexibility analysis.
``605. Avoidance of duplicative or unnecessary analyses.
``606. Effect on other law.
``607. Preparation of analysis.
``608. Procedure for waiver or delay of completion.
``609. Procedures for gathering comments.
``610. Periodic review of rules.
``611. Judicial review.
``612. Reports and intervention rights.

               ``SUBCHAPTER II--ANALYSIS OF AGENCY RULES

``621. Definitions.
``622. Rulemaking cost-benefit analysis.
``623. Judicial review.
``624. Deadlines for rulemaking.
``625. Agency review of rules.
``626. Public participation and accountability.

                   ``SUBCHAPTER III--RISK ASSESSMENTS

``631. Definitions.
``632. Applicability.
``633. Savings provisions.
``634. Principles for risk assessment.
``635. Peer review.
``636. Guidelines, plan for assessing new information, and report.
``637. Research and training in risk assessment.
``638. Interagency coordination.
``639. Plan for review of risk assessments.
``640. Judicial review.
``640a. Deadlines for rulemaking.

                  ``SUBCHAPTER IV--EXECUTIVE OVERSIGHT

``641. Definition.
``642. Procedures.
``643. Promulgation and adoption.
``644. Delegation of authority.
``645. Public disclosure of information.
``646. Judicial review.''.
       (2) Chapter 6 of title 5, United States Code, is amended by 
     inserting immediately before section 601, the following 
     subchapter heading:

                 ``SUBCHAPTER I--REGULATORY ANALYSIS''.
     SEC. 4. CONGRESSIONAL REVIEW.

       (a) In General.--Part I of title 5, United States Code, is 
     amended by inserting after chapter 7 the following new 
     chapter:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

     ``Sec. 801. Congressional review of agency rulemaking

       ``(a) For purposes of this chapter, the term--
       ``(1) `major rule' means a major rule as defined under 
     section 621(4) of this title and as determined under section 
     622 of this title; and
       ``(2) `rule' (except in reference to a rule of the Senate 
     or House of Representatives) is a reference to a major rule.
       ``(b)(1) Upon the promulgation of a final major rule, the 
     agency promulgating such rule shall submit to the Congress a 
     copy of the rule, the statement of basis and purpose for the 
     rule, and the proposed effective date of the rule.
       ``(2) A rule submitted under paragraph (1) shall not take 
     effect as a final rule before the latest of the following:
       ``(A) The later of the date occurring 45 days after the 
     date on which--

[[Page S10050]]

       ``(i) the Congress receives the rule 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 subsection (i) 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.
       ``(C) The date the rule would have otherwise taken effect, 
     if not for this section (unless a joint resolution of 
     disapproval under subsection (i) is approved).
       ``(c) A major rule shall not take effect as a final rule if 
     the Congress passes a joint resolution of disapproval 
     described under subsection (i), which is signed by the 
     President or is vetoed and overridden by the Congress.
       ``(d)(1) Notwithstanding any other provision of this 
     section (except subject to paragraph (2)), a major rule that 
     would not take effect by reason of this section may take 
     effect if the President makes a determination and submits 
     written notice of such determination to the Congress that the 
     major rule should take effect because such major 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.
       ``(2) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     subsection (i) or the effect of a joint resolution of 
     disapproval under this section.
       ``(e)(1) Subsection (i) shall apply to any major rule that 
     is promulgated 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.
       ``(2) For purposes of subsection (i), a major rule 
     described under paragraph (1) shall be treated as though such 
     rule were published in the Federal Register (as a rule that 
     shall take effect as a final rule) on the date the succeeding 
     Congress first convenes.
       ``(3) During the period between the date the Congress 
     adjourns sine die through the date on which the succeeding 
     Congress first convenes, a rule described under paragraph (1) 
     shall take effect as a final rule as otherwise provided by 
     law.
       ``(f) Any rule that takes effect and later is made of no 
     force or effect by the enactment of a joint resolution under 
     subsection (i) shall be treated as though such rule had never 
     taken effect.
       ``(g) If the Congress does not enact a joint resolution of 
     disapproval under subsection (i), no court or agency may 
     infer any intent of the Congress from any action or inaction 
     of the Congress with regard to such major rule, related 
     statute, or joint resolution of disapproval.
       ``(h) If the agency fails to comply with the requirements 
     of subsection (b) for any rule, the rule shall cease to be 
     enforceable against any person.
       ``(i)(1) For purposes of this subsection, the term `joint 
     resolution' means only a joint resolution introduced after 
     the date on which the rule referred to in subsection (b) 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.)
       ``(2)(A) In the Senate, a resolution described in paragraph 
     (1) shall be referred to the committees with jurisdiction. 
     Such a resolution shall not be reported before the eighth day 
     after its submission or publication date.
       ``(B) For purposes of this subsection, the term `submission 
     or publication date' means the later of the date on which--
       ``(i) the Congress receives the rule submitted under 
     subsection (b)(1); or
       ``(ii) the rule is published in the Federal Register.
       ``(3) In the Senate, if the committee to which a resolution 
     described in paragraph (1) is referred has not reported such 
     resolution (or an identical resolution) at the end of 20 
     calendar days after its submission or publication date, such 
     committee may be discharged on a petition approved by 30 
     Senators from further consideration of such resolution and 
     such resolution shall be placed on the Senate calendar.
       ``(4)(A) In the Senate, when the committee to which a 
     resolution is referred has reported, or when a committee is 
     discharged (under paragraph (3)) from further consideration 
     of, a resolution described in paragraph (1), it shall at any 
     time thereafter be in order (even though a previous motion to 
     the same effect has been disagreed to) for any Senator to 
     move to proceed to the consideration of the resolution, and 
     all points of order against the resolution (and against 
     consideration of the resolution) shall be waived. The motion 
     shall be privileged in the Senate and shall not be debatable. 
     The motion shall not be 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 Senate until disposed of.
       ``(B) In the Senate, 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 shall be in 
     order and shall not be 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 shall not be in order. A motion to reconsider the 
     vote by which the resolution is agreed to or disagreed to 
     shall not be in order.
       ``(C) In the Senate, immediately following the conclusion 
     of the debate on a resolution described in paragraph (1), and 
     a single quorum call at the conclusion of the debate if 
     requested in accordance with the Senate rules, the vote on 
     final passage of the resolution shall occur.
       ``(D) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a resolution described in paragraph (1) shall be 
     decided without debate.
       ``(5) If, before the passage in the Senate of a resolution 
     described in paragraph (1), the Senate receives from the 
     House of Representatives a resolution described in paragraph 
     (1), then the following procedures shall apply:
       ``(A) The resolution of the House of Representatives shall 
     not be referred to a committee.
       ``(B) With respect to a resolution described in paragraph 
     (1) of the Senate--
       ``(i) the procedure in the Senate shall be the same as if 
     no resolution had been received from the other House; but
       ``(ii) the vote on final passage shall be on the resolution 
     of the other House.
       ``(6) This subsection is enacted by Congress--
       ``(A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed to be 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 paragraph (1), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       ``(B) 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.
       ``(j) No requirements under this chapter shall be subject 
     to judicial review in any manner.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for part I of title 5, United States Code, is 
     amended by inserting after the item relating to chapter 7 the 
     following:
``8. Congressional Review of Agency Rulemaking...............801''.....
     SEC. 5. STUDIES AND REPORTS.

       (a) Risk Assessments.--The Administrative Conference of the 
     United States shall--
       (1) develop and carry out an ongoing study of the operation 
     of the risk assessment requirements of
      subchapter III of chapter 6 of title 5, United States Code 
     (as added by section 3 of this Act); and
       (2) submit an annual report to the Congress on the findings 
     of the study.
       (b) Administrative Procedure Act.--No later than December 
     31, 1996, the Administrative Conference of the United States 
     shall--
       (1) carry out a study of the operation of chapters 5 and 6 
     of title 5, United States Code (commonly referred to as the 
     Administrative Procedure Act), as amended by section 3 of 
     this Act; and
       (2) submit a report to the Congress on the findings of the 
     study, including proposals for revision, if any.

     SEC. 6. RISK-BASED PRIORITIES.

       (a) Purposes.--The purposes of this section are to--
       (1) encourage Federal agencies engaged in regulating risks 
     to human health, safety, and the environment to achieve the 
     greatest risk reduction at the least cost practical;
       (2) promote the coordination of policies and programs to 
     reduce risks to human health, safety, and the environment; 
     and
       (3) promote open communication among Federal agencies, the 
     public, the President, and Congress regarding environmental, 
     health, and safety risks, and the prevention and management 
     of those risks.
       (b) Definitions.--For the purposes of this section:
       (1) Comparative risk analysis.--The term ``comparative risk 
     analysis'' means a process to systematically estimate, 
     compare, and rank the size and severity of risks to provide a 
     common basis for evaluating strategies for reducing or 
     preventing those risks.
       (2) Covered agency.--The term ``covered agency'' means each 
     of the following:
       (A) The Environmental Protection Agency.
       (B) The Department of Labor.
       (C) The Department of Transportation.
       (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.

[[Page S10051]]

       (K) The Nuclear Regulatory Commission.
       (3) Effect.--The term ``effect'' means a deleterious change 
     in the condition of--
       (A) a human or other living thing (including death, cancer, 
     or other chronic illness, decreased reproductive capacity, or 
     disfigurement); or
       (B) an inanimate thing important to human welfare 
     (including destruction, degeneration, the loss of intended 
     function, and increased costs for maintenance).
       (4) Irreversibility.--The term ``irreversibility'' means 
     the extent to which a return to conditions before the 
     occurrence of an effect are either very slow or will never 
     occur.
       (5) Likelihood.--The term ``likelihood'' means the 
     estimated probability that an effect will occur.
       (6) Magnitude.--The term ``magnitude'' means the number of 
     individuals or the quantity of ecological resources or other 
     resources that contribute to human welfare that are affected 
     by exposure to a stressor.
       (7) Seriousness.--The term ``seriousness'' means the 
     intensity of effect, the likelihood, the irreversibility, and 
     the magnitude.
       (c) Department and Agency Program Goals.--
       (1) Setting priorities.--In exercising authority under 
     applicable laws protecting human health, safety, or the 
     environment, the head of each covered agency should set 
     priorities and use the resources available under those laws 
     to address those risks to human health, safety, and the 
     environment that--
       (A) the covered agency determines to be the most serious; 
     and
       (B) can be addressed in a cost-effective manner, with the 
     goal of achieving the greatest overall net reduction in risks 
     with the public and private sector resources expended.
       (2) Determining the most serious risks.--In identifying the 
     greatest risks under paragraph (1) of this subsection, each 
     covered agency shall consider, at a minimum--
       (A) the likelihood, irreversibility, and severity of the 
     effect; and
       (B) the number and classes of individuals potentially 
     affected, and shall explicitly take into account the results 
     of the comparative risk analysis conducted under subsection 
     (d) of this section.
       (3) OMB review.--The covered agency's determinations of the 
     most serious risks for purposes of setting priorities shall 
     be reviewed and approved by the Director of the Office of 
     Management and Budget before submission of the covered 
     agency's annual budget requests to Congress.
       (4) Incorporating risk-based priorities into budget and 
     planning.--The head of each covered agency shall incorporate 
     the priorities identified under paragraph (1) into the agency 
     budget, strategic planning, regulatory agenda, enforcement, 
     and research activities. When submitting its budget request 
     to Congress and when announcing its regulatory agenda in the 
     Federal Register, each covered agency shall identify the 
     risks that the covered agency head has determined are the 
     most serious and can be addressed in a cost-effective manner 
     under paragraph (1), the basis for that determination, and 
     explicitly identify how the covered agency's requested budget 
     and regulatory agenda reflect those priorities.
       (5) Effective date.--This subsection shall take effect 12 
     months after the date of enactment of this Act.
       (d) Comparative Risk Analysis.--
       (1) Requirement.--(A)(i) No later than 6 months after the 
     effective date of this Act, the Director of the Office of 
     Management and Budget shall enter into appropriate 
     arrangements with an nationally recognized scientific 
     institution or scholarly organization--
       (I) to conduct a study of the methodologies for using 
     comparative risk to rank dissimilar human health, safety, and 
     environmental risks; and
       (II) to conduct a comparative risk analysis.
       (ii) The comparative risk analysis shall compare and rank, 
     to the extent feasible, human health, safety, and 
     environmental risks potentially regulated across the spectrum 
     of programs administered by all covered agencies.
       (B) The Director shall consult with the Office of Science 
     and Technology Policy regarding the scope of the study and 
     the conduct of the comparative risk analysis.
       (2) Criteria.--The Director shall ensure the arrangements 
     under paragraph (1) provide that--
       (A) the scope and specificity of the analysis are 
     sufficient to provide the President and agency heads guidance 
     in allocating resources across agencies and among programs in 
     agencies to achieve the greatest degree of risk prevention 
     and reduction for the public and private resources expended;
       (B) the analysis is conducted through an open process 
     including opportunity for public to submit views, data, and 
     analyses and to provide public comments on the results before 
     making them final.
       (C) the analysis is conducted by a balanced group of 
     individuals with relevant expertise, including toxicologists, 
     biologists, engineers and experts in medicine, industrial 
     hygiene and environmental effects and the selection of 
     members for such study committee shall be at the discretion 
     of the scientific body;
       (D) the analysis is conducted, to the extent feasible and 
     relevant, consistent with the risk assessment and risk 
     characterization principles in section 634 of this title;
       (E) the methodologies and principal scientific 
     determinations made in the analysis are subjected to 
     independent peer review, consistent with section 635 and the 
     conclusions of the peer review are made publicly available as 
     part of the final report required under subsection (e); and
       (F) the results are presented in a manner that 
     distinguishes between the scientific conclusions and any 
     policy or value judgments embodied in the comparisons.
       (G) Nothing in this subsection shall be construed to 
     prevent the Director from entering into a sole-source 
     arrangement with a nationally recognized scientific 
     institution or scholarly organization.
       (3) Completion and review.--No later than 3 years after the 
     effective date of this Act, the comparative risk analysis 
     required under paragraph (1) shall be completed. The 
     comparative risk analysis shall be reviewed and revised at 
     least every 5 years thereafter for a minimum of 15 years 
     following the release of the first analysis. The Director 
     shall arrange for such review and revision with an accredited 
     scientific body in the same manner as provided under 
     paragraphs (1) and (2).
       (4) Study.--The study of methodologies provided under 
     paragraph (1) shall be conducted as part of the first 
     comparative risk analysis and shall be completed no later 
     than 180 days after the completion of that analysis. The goal 
     of the study shall be to develop and rigorously test methods 
     of comparative risk analysis. The study shall have sufficient 
     scope and breadth to test approaches for improving 
     comparative risk analysis and its use in setting priorities 
     for human health, safety, and environmental risk prevention 
     and reduction.
       (5) Technical guidance.--No later than 180 days after the 
     effective date of this Act, the Director, in collaboration 
     with other heads of covered agencies shall enter into a 
     contract with the National Research Council to provide 
     technical guidance to agencies on approaches to using 
     comparative risk analysis in setting human health, safety, 
     and environmental priorities to assist agencies in complying 
     with subsection (c) of this section.
       (e) Reports and Recommendations to Congress and the 
     President.--No later than 24 months after the effective date 
     of this Act, each covered agency shall submit a report to 
     Congress and the President--
       (1) detailing how the agency has complied with subsection 
     (c) and describing the reasons for any departure from the 
     requirement to establish priorities to achieve the greatest 
     overall net reduction in risk;
       (2) recommending--
       (A) modification, repeal, or enactment of laws to reform, 
     eliminate, or enhance programs or mandates relating to human 
     health, safety, or the environment; and
       (B) modification or elimination of statutorily or 
     judicially mandated deadlines,
     that would assist the covered agency to set priorities in 
     activities to address the risks to human health, safety, or 
     the environment in a manner consistent with the requirements 
     of subsection (c)(1);
       (3) evaluating the categories of policy and value judgments 
     used in risk assessment, risk characterization, or cost-
     benefit analysis; and
       (4) discussing risk assessment research and training needs, 
     and the agency's strategy and schedule for meeting those 
     needs.
       (f) Savings Provision and Judicial Review.--
       (1) In general.--Nothing in this section shall be construed 
     to modify any statutory standard or requirement designed to 
     protect human health, safety, or the environment.
       (2) Judicial review.--Compliance or noncompliance by an 
     agency with the provisions of this section shall not be 
     subject to judicial review.
       (3) Agency analysis.--Any analysis prepared under this 
     section shall not be subject to judicial consideration 
     separate or apart from the requirement, rule, program, or law 
     to which it relates. When an action for judicial review of a 
     covered agency action is instituted, any analysis for, or 
     relating to, the action shall constitute part of the whole 
     record of agency action for the purpose of judicial review of 
     the action and shall, to the extent relevant, be considered 
     by a court in determining the legality of the covered agency 
     action.
     SEC. 7. REGULATORY ACCOUNTING.

       (a) Definitions.--For purposes of this section, the 
     following definitions apply:
       (1) Agency.--The term ``agency'' means any executive 
     department, military department, Government corporation, 
     Government controlled corporation, or other establishment in 
     the executive branch of the Government (including the 
     Executive Office of the President), or any independent 
     regulatory agency, but shall not include--
       (A) the General Accounting Office;
       (B) the Federal Election Commission;
       (C) the governments of the District of Columbia and of the 
     territories and possessions of the United States, and their 
     various subdivisions; or
       (D) government-owned contractor-operated facilities, 
     including laboratories engaged in national defense research 
     and production activities.
       (2) Regulation.--The term ``regulation'' means an agency 
     statement of general applicability and future effect designed 
     to implement, interpret, or prescribe law or policy or 
     describing the procedures or practice requirements of an 
     agency. The term shall not include--

[[Page S10052]]

       (A) administrative actions governed by sections 556 and 557 
     of title 5, United States Code;
       (B) regulations issued with respect to a military or 
     foreign affairs function of the United States; or
       (C) regulations related to agency organization, management, 
     or personnel.
       (b) Accounting Statement.--
       (1) In general.--(A) The President shall be responsible for 
     implementing and administering the requirements of this 
     section.
       (B) Every 2 years, no later than June of the second year, 
     the President shall prepare and submit to Congress an 
     accounting statement that estimates the annual costs of 
     Federal regulatory programs and corresponding benefits in 
     accordance with this subsection.
       (2) Years covered by accounting statement.--Each accounting 
     statement shall cover, at a minimum, the 5 fiscal years 
     beginning on October 1 of the year in which the report is 
     submitted and may cover any fiscal year preceding such fiscal 
     years for purpose of revising previous estimates.
       (3) Timing and procedures.--(A) The President shall provide 
     notice and opportunity for comment for each accounting 
     statement. The President may delegate to an agency the 
     requirement to provide notice and opportunity to comment for 
     the portion of the accounting statement relating to that 
     agency.
       (B) The President shall propose the first accounting 
     statement under this subsection no later than 2 years after 
     the effective date of this Act and shall issue the first 
     accounting statement in final form no later than 3 years 
     after such effective date. Such statement shall cover, at a 
     minimum, each of the fiscal years beginning after the 
     effective date of this Act.
       (4) Content of accounting statement.--(A) Each accounting 
     statement shall contain estimates of costs and benefits with 
     respect to each fiscal year covered by the statement in 
     accordance with this paragraph. For each such fiscal year for 
     which estimates were made in a previous accounting statement, 
     the statement shall revise those estimates and state the 
     reasons for the revisions.
       (B)(i) An accounting statement shall estimate the costs of 
     Federal regulatory programs by setting forth, for each year 
     covered by the statement--
       (I) the annual expenditure of national economic resources 
     for each regulatory program; and
       (II) such other quantitative and qualitative measures of 
     costs as the President considers appropriate.
       (ii) For purposes of the estimate of costs in the 
     accounting statement, national economic resources shall 
     include, and shall be listed under, at least the following 
     categories:
       (I) Private sector costs.
       (II) Federal sector costs.
       (III) State and local government costs.
       (C) An accounting statement shall estimate the benefits of 
     Federal regulatory programs by setting forth, for each year 
     covered by the statement, such quantitative and qualitative 
     measures of benefits as the President considers appropriate. 
     Any estimates of benefits concerning reduction in human 
     health, safety, or environmental risks shall present the most 
     plausible level of risk practical, along with a statement of 
     the reasonable degree of scientific certainty.
       (c) Associated Report to Congress.--
       (1) In general.--At the same time as the President submits 
     an accounting statement under subsection (b), the President, 
     acting through the Director of the Office of Management and 
     Budget, shall submit to Congress a report associated with the 
     accounting statement (hereinafter referred to as an 
     ``associated report''). The associated report shall contain, 
     in accordance with this subsection--
       (A) analyses of impacts; and
       (B) recommendations for reform.
       (2) Analyses of impacts.--The President shall include in 
     the associated report the following:
       (A) The cumulative impact on the economy of Federal 
     regulatory programs covered in the accounting statement. 
     Factors to be considered in such report shall include impacts 
     on the following:
       (i) The ability of State and local governments to provide 
     essential services, including police, fire protection, and 
     education.
       (ii) Small business.
       (iii) Productivity.
       (iv) Wages.
       (v) Economic growth.
       (vi) Technological innovation.
       (vii) Consumer prices for goods and services.
       (viii) Such other factors considered appropriate by the 
     President.
       (B) A summary of any independent analyses of impacts 
     prepared by persons commenting during the comment period on 
     the accounting statement.
       (3) Recommendations for reform.--The President shall 
     include in the associated report the following:
       (A) A summary of recommendations of the President for 
     reform or elimination of any Federal regulatory program or 
     program element that does not represent sound use of national 
     economic resources or otherwise is inefficient.
       (B) A summary of any recommendations for such reform or 
     elimination of Federal regulatory programs or program 
     elements prepared by persons commenting during the comment 
     period on the accounting statement.
       (d) Guidance From Office of Management and Budget.--The 
     Director of the Office of Management and Budget shall, in 
     consultation with the Council of Economic Advisers and the 
     agencies, develop guidance for the agencies--
       (1) to standardize measures of costs and benefits in 
     accounting statements prepared pursuant to this section and 
     section 3 of this Act, including--
       (A) detailed guidance on estimating the costs and benefits 
     of major rules; and
       (B) general guidance on estimating the costs and benefits 
     of all other rules that do not meet the thresholds for major 
     rules; and
       (2) to standardize the format of the accounting statements.
       (e) Recommendations From Congressional Budget Office.--
     After each accounting statement and associated report 
     submitted to Congress, the Director of the Congressional 
     Budget Office shall make recommendations to the President--
       (1) for improving accounting statements prepared pursuant 
     to this section, including recommendations on level of detail 
     and accuracy; and
       (2) for improving associated reports prepared pursuant to 
     this section, including recommendations on the quality of 
     analysis.
       (f) Judicial Review.--No requirements under this section 
     shall be subject to judicial review in any manner.

     SEC. 8. EFFECTIVE DATE.

       Except as otherwise provided in this Act, this Act shall 
     take effect 180 days after the date of the enactment of this 
     Act, but shall not apply to any agency rule for which a 
     general notice of proposed rulemaking is published on or 
     before such date.
                                 ______


                      DOMENICI AMENDMENT NO. 1582

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted an amendment intended to be proposed by him to 
amendment no. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       At page 77, line 8, after ``rule'' and before ``;'' insert 
     the following: ``, including whether it is a major rule''.
       At page 77, line 11, after ``available'' and before ``to'' 
     insert the following: ``to the Comptroller General, and, upon 
     request,''.
       At page 77, line 11, after ``Congress'', strike the 
     following: ``and the Comptroller General, upon request''.
       At page 78, line 12, after ``information'' and before 
     ``relevant'' insert the following: ``the Comptroller General 
     determines to be''.
       At page 78, line 13, after ``subparagraph (A)'' and before 
     ``.'' insert the following: ``at such times and in such form 
     as the Comptroller General prescribes''.
       At page 82, after line 12, insert the following new 
     subsection:
       ``(4) The Comptroller General shall not be required to 
     report on a rule described under paragraph (1) of this 
     subsection unless so requested by a committee of jurisdiction 
     of either House of Congress.''
                                 ______


                     ROTH AMENDMENTS NOS. 1583-1587

  (Ordered to lie on the table.)
  Mr. ROTH submitted five amendments intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:
                           Amendment No. 1583

       On page 65, strike all from line 1 through line 15 on page 
     66 and insert in lieu thereof the following (and thereafter, 
     renumber subsequent sections accordingly):


                   subchapter iv--executive oversight

     Sec. 641. Procedures

       (a) In General.--The President shall, to the extent 
     permitted by law--
       (1) establish a process for the centralized review and 
     coordination of Federal agency regulatory actions; and
       (2) monitor, review, and ensure agency compliance with such 
     process. Such review shall be conducted by and be the 
     responsibility of the Director of the Office of Management 
     and Budget, except to the extent that the President 
     designates another reviewing entity to resolve conflicts, as 
     provided under subsection (e).
       (b) Regulatory Review.--For the purpose of carrying out the 
     review established under subsection (a), the Director, not 
     later than 12 months after the date of enactment of this 
     subchapter, shall--
       (1) develop and oversee uniform regulatory policies and 
     procedures, including guidelines by which each agency shall 
     prepare the cost-benefit analyses and risk assessments 
     required by subchapter II and III. The guidelines shall--
       (A) ensure that evaluations are consistent with subchapters 
     II and III and, to the extent feasible, represent realistic 
     and plausible estimates;
       (B) be adopted following public notice and adequate 
     opportunity for comment; and
       (C) be used consistently by all agencies covered by this 
     subchapter; and
       (D) be reviewed, and when appropriate, revised at least 
     every 4 years by the Director or designee of the President; 
     and
       (2) develop policies and procedures for regulatory review, 
     including those by which the Director shall--
       (A) designate current regulatory actions or existing rules 
     for analysis and review in accordance with section 623; and

[[Page S10053]]

       (B) review agency regulatory actions to ensure that they 
     are consistent with applicable law, the purposes of this 
     chapter, and the policies or actions of other agencies, 
     including authority of the Director to--
       (i) identify any agency regulatory actions that are 
     duplicative, conflicting, or otherwise inconsistent with any 
     law or policy or with the purposes of this chapter; and
       (ii) return to the agency for further
        consideration any regulatory action in order to minimize 
     or eliminate duplication, conflict, or inconsistency with 
     any law or policy or with the purposes of this chapter.
       (c) Compliance in Emergency Situations.--In emergency 
     situations or when an agency is obligated by law to act more 
     quickly than review procedures allow, the agency shall notify 
     the Director or other reviewing entity as soon as possible 
     and, to the extent practicable, comply with the requirements 
     of this section. For those regulatory actions that are 
     governed by a statutory or court imposed deadline, the agency 
     shall, to the extent practicable, schedule rulemaking 
     proceedings so as to permit sufficient time for the Director 
     or other reviewing entity to comply with the requirements of 
     this section.
       (d) Regulatory Action Review Before Public Availability.--
     Except to the extent required by law, each agency shall not 
     public or otherwise issue to the public any regulatory action 
     that is subject to review under this section until whichever 
     of the following occurs first--
       (1) the Director or other reviewing entity has waived 
     review of the action, has completed review without any 
     requests for further consideration under subsection 
     (b)(2)(B), or otherwise approved publication; or
       (2) the time period in Section 642(b) expires without the 
     Director or other reviewing entity having notified the agency 
     that it is returning the regulatory action for further 
     consideration under subsection (b)(2)(B).
       (e) Resolution of Agency Conflicts.--To the extent 
     permitted by law, disagreements or conflicts between or among 
     agencies or between the Director and an agency regarding 
     regulatory actions or regulatory review that cannot be 
     resolved by the Director, shall be resolved by the President, 
     or by a reviewing entity designated by the President, as 
     provided under subsection (a). Any review undertaken as 
     provided under this subsection shall be in accordance with 
     other requirements of law.

     Sec. 642. Promulgation and adoption

       (a) Public Comment.--Procedures established pursuant to 
     section 641 shall only be implemented after opportunity for 
     public comment. Any such procedures shall be consistent with 
     the prompt completion of rulemaking proceedings.
       (b) Time for Review.--(1) If procedures established 
     pursuant to section 641 include review of any initial or 
     final analyses of a rule required under chapter 6, the time 
     for any such review of any initial analysis shall not exceed 
     90 days following the receipt of the analysis by the 
     Director, a designee of the President, or by an officer to 
     whom the authority granted under section 641 has been 
     delegated pursuant to section 643.
       (2) The time for review of any final analysis required 
     under chapter 6 shall not exceed 90 days following the 
     receipt of the analysis by the Director, a designee of the 
     President, or such officer.
       (3)(A) To the extent permitted by law and any applicable 
     schedule issued under section 623, the times for each such 
     review may be extended for good cause by the Director for a 
     definite period of time.
       (B) Notice of any such extension together with a succinct 
     statement of the reasons therefor, shall be inserted in the 
     rulemaking file.
                                                                    ____

                           Amendment No. 1584

       Add a new section 637 to Subchapter III as follows:

     SEC. 637. INTERAGENCY COORDINATION.

       ``(a) To promote the conduct, application, and practice of 
     risk assessment in a consistent manner and to identify risk 
     assessment data and research needs common to more than 1 
     Federal agency, the Director of the Office of Management and 
     Budget, in consultation with the Office of Science and 
     Technology Policy, shall--
       ``(1) periodically survey the manner in which each Federal 
     agency involved in risk assessment is conducting such risk 
     assessment is conducting such risk assessment to determine 
     the scope and adequacy of risk assessment practices in use by 
     the Federal Government;
       ``(2) provide advice and recommendations to the President 
     and Congress based on the surveys conducted and 
     determinations made under paragraph (1);
       ``(3) establish appropriate interagency mechanisms to 
     promote--
       ``(A) coordination among Federal agencies conducting risk 
     assessment with respect to the conduct, application, and 
     practice of risk assessment; and
       ``(B) the use of state-of-the-art risk assessment practices 
     throughout the Federal Government;
       ``(4) establish appropriate mechanisms between Federal and 
     State agencies to communicate state-of-the-art risk 
     assessment practices; and
       ``(5) periodically convene meetings with State government 
     representatives and Federal and other leaders to assess the 
     effectiveness of Federal and other leaders to assess the 
     effectiveness of Federal and State cooperation in the 
     development and application of risk assessment.
       ``(b) The President shall appoint National Peer Review 
     Panels to review every 3 years the risk assessment practices 
     of each covered agency for programs designed to protect human 
     health, safety, or the environment. The Panels shall submit a 
     report to the President and the Congress at least every 3 
     years containing the results of such review.
                                                                    ____

                           Amendment No. 1585

       On page 35, line 23, after ``(3)'', strike ``(A)'';
       On page 35, line 23, strike ``least cost'' and insert in 
     lieu thereof ``most cost-effective'';
       On page 35, line 25, strike ``; or'' and insert in lieu 
     thereof a period;
       On page 36, strike lines 1 through 21 in their entirety.
       On page 37, line 6, after ``(2)'', strike ``(A)'';
       On page 37, line 6, strike ``least cost'' and insert in 
     lieu thereof ``most cost-effective'';
       On page 37, line 8, strike ``; or'' and insert in lieu 
     thereof a period;
       On page 37, strike lines 9 through page 38, line 5.
                                                                    ____


                           Amendment No. 1586

       On page 35, line 23, strike lines 23 through 25 and insert 
     in lieu thereof ``the rule adopts the alternative with 
     greater net benefits than the reasonable alternatives that 
     achieve the objectives of the statute.
       On page 36, strike lines 1 through 21 in their entirety.
       On page 37, insert ``and'' at the end of line 5.
       On page 37, strike lines 6 through 8 and insert in lieu 
     thereof ``the rule adopts the alternative with the least net 
     cost of the reasonable alternatives that achieve the 
     objectives of the statute.''
                                                                    ____


                           Amendment No. 1587

       On page 21, between lines 10 and 11, insert the following:
       ``(A)(i) if a risk assessment is required under subchapter 
     III, the analysis shall summarize the nature and magnitude of 
     the risk identified pursuant to subchapter III and explain 
     how and to what extent such risk is reduced by the proposed 
     rule;''.
       On page 21, line 11, strike ``(A)'' and insert in lieu 
     thereof ``(A)(ii)''.
                                 ______


                       CHAFEE AMENDMENT NO. 1588

  (Ordered to lie on the Table.)
  Mr. CHAFEE submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       Beginning on page 75, line 1, strike the following:
       ``(F) without substantial support in the rulemaking file, 
     viewed as a whole, for the asserted or necessary factual 
     basis, in the case of a rule adopted in a proceeding subject 
     to section 553; or
     and redesignate the following subparagraph as ``(F)''.
       On page 75, after line 12, insert the following:
       ``(c) In making a finding under subsection (a)(2)(A) of 
     this section, the court shall determine whether the factual 
     basis of a rule adopted in a proceeding subject to section 
     553 of this title is without substantial support in the 
     rulemaking file.''
                                 ______


                        ROTH AMENDMENT NO. 1589

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment no. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       Beginning on page 75, line 1, strike the following:
       ``(F) without substantial support in the rulemaking file, 
     viewed as a whole, for the asserted or necessary factual 
     basis, in the case of a rule adopted in a proceeding subject 
     to section 553; or'' and redesignate the following 
     subparagraph as ``(F)''.
                                 ______


                    CHAFEE AMENDMENTS NOS. 1590-1591

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted two amendments intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

                           Amendment No. 1590

       Beginning on page 59, line 10, strike all through page 60, 
     line 23 (the proposed section 634 on petition for review of a 
     major free-standing risk assessment).
                                                                    ____


                           Amendment No. 1591

       On page 40, line 11, strike ``5-year'' and insert ``2-
     year''.
       On page 40, line 16, strike ``2 years'' and insert ``6 
     months''.
       On page 40, line 21, strike ``5-year'' and insert ``2-
     year''.
       On page 41, line 1, strike ``2 years'' and insert ``6 
     months''.
       On page 41, line 5, strike ``5-year'' and insert ``2-
     year''.
       On page 41, line 11, strike ``2 years'' and insert ``6 
     months''.
                                 ______

                                 
[[Page S10054]]


               CHAFEE (AND LIEBERMAN) AMENDMENT NO. 1592

  (Ordered to lie on the table.)
  Mr. CHAFEE (for himself and Mr. Lieberman) submitted an amendment 
intended to be proposed by them to amendment No. 1487 proposed by Mr. 
Dole to the bill, S. 343, supra; as follows:

       Beginning on page 38, line 14, strike all through page 40, 
     line 7 (the proposed section 625 on jurisdiction and judicial 
     review), and insert in lieu thereof the following:

     SEC. 625. JUDICIAL REVIEW.

       ``(a) Compliance or noncompliance by an agency with the 
     provisions of this subchapter and subchapter III shall not be 
     subject to judicial review except in connection with review 
     of a final agency rule and according to the provisions of 
     this section.
       ``(b) Any determination by a designee of the President or 
     the Director that a rule is, or is not, a major rule shall 
     not be subject to judicial review in any manner.
       ``(c) The determination by an agency that a rule is, or is 
     not, a major rule shall be set aside by a reviewing court 
     only upon a clear and convincing showing that the 
     determination is erroneous in light of the information 
     available to the agency at the time the agency made the 
     determination.
       ``(d) If the cost-benefit analysis or risk assessment 
     required under this chapter has been wholly omitted for any 
     major rule, a court shall vacate the rule and remand the case 
     for further consideration. If an analysis or assessment has 
     been performed, the court shall not review to determine 
     whether the analysis or assessment conformed to the 
     particular requirements of this chapter.
       ``(e) Any cost-benefit analysis or risk assessment prepared 
     under this chapter shall not be subject to judicial 
     consideration separate or apart from review of the agency 
     action to which it relates. When an action for judicial 
     review of an agency action is instituted, any analysis or 
     assessment for such agency action shall constitute part of 
     the whole administrative record of agency action for the 
     purpose of judicial review of the agency action.''.
                                 ______


                    CHAFEE AMENDMENTS NOS. 1593-1595

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted three amendments intended to be proposed by him 
to amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; 
as follows:

                           Amendment No. 1593

       Amend section 621 of title 5, United States Code, as added 
     by section 4(a) by inserting after paragraph (5), the 
     following new paragraph:
       ``(6) The term `major rule' does not include a rule that 
     approves, in whole or in part, a plan or program adopted by a 
     State that provides for the implementation, maintenance, or 
     enforcement of Federal standards or requirements;''.
                                                                    ____


                           Amendment No. 1594

       On page 36, beginning at line 11, strike all through line 
     21 (the proposed paragraph (4) on reducing risks).
       Beginning on page 37, line 19, strike all through page 38, 
     line 5 (the proposed paragraph (3) on reducing risks).
                                                                    ____


                           Amendment No. 1595

       On page 25, after line 6, insert the following new 
     paragraph:
       ``(3) No numerical estimate of benefits prepared pursuant 
     to this subchapter shall in any way discount the value of 
     benefits expected to be experienced in the future.''
                                 ______


                       CHAFEE AMENDMENT NO. 1596

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:
       Beginning on page 35, line 9, strike all through page 38, 
     line 13 (the proposed section 624 on decisional criteria) and 
     insert in lieu thereof the following:

     ``SECTION 624. DECISIONAL CRITERIA.

       ``(a) Construction With Other Laws.--If, with respect to 
     any action to be taken by a Federal agency, it is not 
     possible for the agency to comply both with the provisions of 
     this section and the provisions of other law, the provisions 
     of this section shall not apply to the action.
       ``(b) Requirements.--Except as provided in subsection (c), 
     no final major rule subject to this subchapter shall be 
     promulgated unless the agency head publishes in the Federal 
     Register a finding that--
       ``(1) the benefits from the rule justify the costs of the 
     rule;
       ``(2) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(iii); and
       ``(3)(A) there is no other reasonable alternative that 
     provides equal or greater benefits at less cost; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment identified by the agency in the rulemaking record 
     make a more costly alternative that achieves the objectives 
     of the statute appropriate and in the public interest and the 
     agency provides an explanation of those considerations, the 
     rule adopts the least cost alternative of the reasonable 
     alternatives necessary to take into account such 
     uncertainties or benefits.
       ``(c) Alternative Requirements.--If an agency head has a 
     nondiscretionary duty to promulgate a rule that cannot 
     satisfy one or more of the criteria established by subsection 
     (b), the agency head shall promulgate the rule ensuring that 
     the remaining criteria of subsection (b) are satisfied.
       ``(d) Publication of the Reasons for Noncompliance.--If an 
     agency promulgates a rule to which subsection (c) applies, 
     the agency head shall prepare a written explanation of why 
     the agency is required to promulgate a rule that does not 
     satisfy the criteria of subsection (b) and shall transmit the 
     explanation with the final cost-benefit analysis to Congress 
     when the final rule is promulgated.''
                                 ______


                   STEVENS AMENDMENTS NOS. 1597-1603

  (Order to lie on the table.)
  Mr. STEVENS submitted seven amendments intended to be proposed by him 
to amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; 
as follows:

                           Amendment No. 1597

       On page 19, strike lines 5 through 7 and insert in lieu 
     thereof the following:

     ``78aaa et seq.);
       ``(xii) a rule that involves the international trade laws 
     of the United States;
       ``(xiii) a rule intended to implement section 354 of the 
     Public Health Service Act (42 U.S.C. 263b) (as added by 
     Section 2 * * * of the Water Quality Standards Act of 
     1992);''.
       ``(xiv) a rule that allocates resources or promotes 
     competition among industry sectors, such as a rule to 
     establish catch limits pursuant the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) or 
     to require interconnection among common carriers pursuant to 
     the Communications Act of 1934 (47 U.S.C. 151 et seq.); or
       ``(xv) a rule that involves hunting under the Migratory 
     Bird Treaty Act (16 U.S.C. 703 et seq.).
                                                                    ____


                           Amendment No. 1598

       On page 19, beginning on line 16, strike all through page 
     20, line 6, and insert in lieu thereof the following:
       ``(1) whether the rule is or is not a major rule within the 
     meaning of section 621(5)(A)(i) or 621(5)(C), or has been 
     designated a major rule under section 621(5); and
       ``(2) if the agency determines that the rule is a major 
     rule, whether the rule requires or does not require the 
     preparation of a risk assessment under section 632(a).
       ``(b) Designation.--(1) If an agency has determined that a 
     rule is not a major rule within the meaning of section 
     621(5)(A)(i) or 621(5)(C), the President may determine that 
     the rule is a major rule or designate''.
                                                                    ____


                           Amendment No. 1599

       On page 20, beginning on line 23, strike all through page 
     21, line 4, and insert in lieu thereof the following:
       ``(B)(i) When the President has published a determination 
     or designation that a rule is a major rule after the 
     publication of the notice of proposed rulemaking for the 
     rule, the agency shall promptly issue and place in the 
     rulemaking file an initial cost-benefit analysis for the rule 
     and shall publish in the Federal Register a summary of such 
     analysis.''
                                                                    ____

                           Amendment No. 1600

       On page 14, strike lines 3 through 17 and insert in lieu 
     thereof the following:

     plexity of the decision and any need for expedition.
       ``(5) the term `major rule' means--
       ``(A) a rule or set of closely related rules that the 
     agency proposing the rule or the President determines is 
     likely to have a gross annual effect on the economy of 
     $100,000,000 or more in reasonably quantifiable increased 
     costs (and this limit my be adjusted periodically by the 
     Director, at the Director's sole discretion, to account for 
     inflation);
       ``(B) a rule that is otherwise designated a major rule by 
     the President (and designation or failure to designate under 
     this clause shall not be subject to judicial review); or
       ``(C) any rule or set of closely related rules, not 
     determined to be a major rule pursuant to subparagraph (A) or 
     (B), that the agency proposing the rule determines will have 
     a significant economic impact on a substantial number of 
     small businesses, pursuant to subchapter I;
       ``(6) the term `market-based mechanism' means--.
                                                                    ____


                           Amendment No. 1601

       On page 3, line 7, strike ``dures.'' and insert in lieu 
     thereof ``dures established by law or practice for the 
     internal procurement or administrative functions of that 
     agency.''
                                                                    ____


                           Amendment No. 1602

       On page 12, beginning with ``(1)'' on line 13, strike all 
     through ``(2)'' on line 18.
                                                                    ____

                           Amendment No. 1603

       On page 48, line 7, strike ``this subchapter.'' and insert 
     in lieu thereof ``this 

[[Page S10055]]
     subchapter. For the purposes of this subchapter, the term `protection 
     of the environment' shall not include any rule to manage the 
     harvest of fish or game.''.
                                 ______


                    HATCH AMENDMENTS NOS. 1604-1608

  (Order to lie on the table.)
  Mr. HATCH submitted five amendments intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

                           Amendment No. 1604

       On page 38, strike lines 6 through 13, and insert in lieu 
     thereof the following:
       ``(d) To the maximum extent possible, and consistent with 
     the policy goals of this subchapter, agency discretion under 
     existing statutes shall be construed broadly to require the 
     agency to identify and select reasonable alternatives that 
     satisfy subsection (b) and maximize net benefits.
       ``(e) Publication of Reasons for Noncompliance.--If an 
     agency promulgates a rule to which subsection (c) applies, 
     the agency head shall prepare a written explanation of why 
     the agency was required to promulgate a rule that does not 
     satisfy the criteria of subsection (b) and shall transmit the 
     explanation with the final cost-benefit analysis to Congress 
     when the final rule is promulgated.''.
                                                                    ____


                           Amendment No. 1605

       On page 35, strike lines 23 through 25 and insert in lieu 
     thereof the following:
       ``(3)(A) the rule adopts the alternative that achieves the 
     greater net benefits of the reasonable alternatives that 
     achieve the objectives of the statute; or''.
                                                                    ____


                           Amendment No. 1606

       On page 36, strike lines 1 through 21.
                                                                    ____


                           Amendment No. 1607

       On page 37, strike lines 6 through 8, and insert in lieu 
     thereof the following:
       ``(2)(A) the rule adopts the alternative that achieves the 
     least net cost of the reasonable alternatives that achieve 
     the objectives of the statute; or''.
                                                                    ____

                           Amendment No. 1608

  On page 37, strike lines 9 through 25 and on page * * *, lines 1 
through 5.
                                 ______


                    CRAIG AMENDMENTS NOS. 1609-1610

  (Ordered to lie on the table.)
  Mr. HATCH (for Mr. Craig) submitted two amendments intended to be 
proposed by him to amendment No. 1487 proposed by Mr. Dole to the bill, 
S. 343, supra; as follows:

                           Amendment No. 1609

       On page 27, line 20, strike the number ``11'', and insert 
     the number ``7''.
                                                                    ____


                           Amendment No. 1610

       On page 27, line 5, strike the number ``11'', and insert 
     the number ``7''.
                                 ______


                      LIEBERMAN AMENDMENT NO. 1611

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted an amendment intended to be proposed by him 
to amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; 
as follows:

       On page 44, beginning with line 14, strike all through line 
     4 on page 46 and insert in lieu thereof the following:

     ``Sec. 629. Petition for alternative method of compliance

       ``(a) Except as provided in subsection (j) or unless 
     prohibited by the statute authorizing a rule, any person 
     subject to a rule may petition the relevant agency 
     implementing the rule to modify or waive the specific 
     requirements of a rule and to authorize an alternative 
     compliance strategy satisfying the criteria of subsection 
     (b).
       ``(b) Any petition submitted under subsection (a) shall--
       ``(1) identify with reasonable specificity the requirements 
     for which the modification or waiver is sought and the 
     alternative compliance strategy being proposed;
       ``(2) identify the facility to which the modification or 
     waiver would pertain;
       ``(3) considering all the significant applicable human 
     health, safety, and environmental benefits intended to be 
     achieved by the rule, demonstrate that the alternative 
     compliance strategy, from the standpoint of the applicable 
     human health, safety, and environmental benefits, taking into 
     account an environmental media, will achieve--
       ``(A) a significantly better result than would be achieved 
     through compliance with the rule; or
       ``(B) an equivalent result at significantly lower 
     compliance costs than would be achieved through compliance 
     with the rule; and
       ``(4) demonstrate that the proposed alternative compliance 
     strategy provides a degree of accountability, enforceability, 
     and public and agency access to information at least equal to 
     that of the rule.
       ``(c) No later than the date on which the petitioner 
     submits the petition to the agency, the petitioner shall 
     inform the public of the submission of such petition 
     (including a brief description of the petition) through 
     publication of a notice in newspapers of general circulation 
     in the area in which the facility is located. The agency may 
     authorize or require petitioners to use additional or 
     alternative means of informing the public of the submission 
     of such petitions. If the agency proposes to grant the 
     petition, the agency shall provide public notice and 
     opportunity to comment.
       ``(d) The agency may approve the petition upon determining 
     that the proposed alternative compliance strategy--
       ``(1) considering all the significant applicable human 
     health, safety, and environmental benefits intended to be 
     achieved by the rule, from the standpoint of the applicable 
     public health, safety, and environmental benefits, taking 
     into account all environmental media, will achieve--
       ``(A) a significantly better result than would be achieved 
     through compliance with the rule; or
       ``(B) an equivalent result at significantly lower 
     compliance costs than would be achieved through compliance 
     with the rule;
       ``(2) will provide a degree of accountability, 
     enforceability, and public and agency access to information 
     at least equal to that provided by the rule;
       ``(3) will not impose an undue burden on the agency that 
     would be responsible for administering and enforcing such 
     alternative compliance strategy; and
       ``(4) satisfies any other relevant factors.
       ``(e) Where relevant, the agency shall give priority to 
     petitions with alternative compliance strategies using 
     pollution prevention approaches.
       ``(f) In making determinations under subsection (d), the 
     agency shall take into account any relevant cross-media 
     effects of the proposed alternative compliance strategy, and 
     whether the proposed alternative compliance strategy would 
     transfer any significant health, safety, or environmental 
     effects to other geographic locations, future generations, or 
     classes of people.
       ``(g) Any alternative compliance strategy for which a 
     petition is granted under this section shall be enforceable 
     as if it were a provision of the rule being modified or 
     waived.
       ``(h) The grant of a petition under this section shall be 
     judicially reviewable as if it were the issuance of an 
     amendment to the rule being modified or waived. The denial of 
     a petition shall not be subject to judicial review.
       ``(i) No agency may grant more than 30 petitions per year 
     under this section.
       ``(j) If the statute authorizing the rule that is the 
     subject of the petition provides procedures or standards for 
     an alternative method of compliance, the petition shall be 
     reviewed solely under the terms of the statute.
                                 ______


               CHAFEE (AND LIEBERMAN) AMENDMENT NO. 1612

  (Ordered to lie on the table.)
  Mr. CHAFEE (for himself and Mr. Lieberman) submitted an amendment 
intended to be proposed by them to amendment No. 1487 proposed by Mr. 
Dole to the bill, S. 343, supra; as follows:

       On page 23, strike lines 1 through 3.
       On page 23, strike lines 17 through 19, and insert in lieu 
     thereof:
       ``(B) if not expressly or implicitly inconsistent with the 
     statute under which the agency is acting, a reasonable 
     determination, based on the rulemaking file considered as a 
     whole, whether--
       ``(i) the benefits of the rule justify the costs of the 
     rule; and
       ``(ii) the rule will achieve the rulemaking objectives in a 
     more cost-effective manner than the alternatives described in 
     the rulemaking, including the market-based mechanisms 
     identified under subsection (c)(2)(C)(iii)''.
       On page 25, insert between lines 22 and 23:
       ``(g) Certification of Analysis.--Each agency shall, 
     consistent with Chapter 5 and other applicable law, provide 
     in any proposed or final rulemaking notice published in the 
     Federal Register--
       ``(1) a certification of compliance with the requirements 
     of this chapter, or an explanation why such certification 
     cannot be made; and
       ``(2) a certification that the rule will produce benefits 
     that will justify the cost to the Government and to the 
     public implementation of, and compliance with, the rule, or 
     an explanation why such certification cannot be made.
       On page 26, lines 16-17, strike ``the decisional criteria 
     of section 624'' and insert in lieu thereof: ``the 
     determination made in section 622(d)(2)(B)''.
       On page 28, line 22, strike ``the findings required by 
     section 624'' and insert in lieu thereof: ``the determination 
     made in section 622(d)(2)(B)''.
       On page 29, lines 22 through 23, strike ``the decisional 
     criteria under section 624'' and insert in lieu thereof: 
     ``the determination made in section 622(d)(2)(B)''.
       On page 32, line 18, strike ``the decisional criteria of 
     section 624'' and insert in lieu thereof: ``the determination 
     made in section 622(d)(2)(B)''.
       On page 33, lines 11 through 12, strike ``the decisional 
     criteria of section 624'' and insert in lieu thereof: ``the 
     determination made in section 622(d)(2)(B)''.
       On page 35, line 9, through page 38, line 13, strike entire 
     section 624, and renumber sections accordingly.

[[Page S10056]]

       On page 44, strike lines 8 through 13.
                                 ______


               LIEBERMAN (AND CHAFEE) AMENDMENT NO. 1613

  (Ordered to lie on the table.)
  Mr. LIEBERMAN (for himself and Mr. Chafee) submitted an amendment 
intended to be proposed by them to amendment No. 1487 proposed by Mr. 
Dole to the bill, S. 343, supra; as follows:

       On page 97, after line 7, insert the following:
       ``Sec. 10. Human Health, Safety and the Environment.--
     Nothing in this Act shall be construed to revise, amend or in 
     any fashion weaken the requirements or criteria of any 
     statute protecting human health, safety or the environment, 
     including the Clean Air Act, the Clean Water Act, the Safe 
     Drinking Water Act or the Resource Conservation and Recovery 
     Act, or any amendments thereto.''
                                 ______


                    KENNEDY AMENDMENT NOS. 1614-1626

  (Ordered to lie on the table.)
  Mr. Kennedy submitted 13 amendments intended to be proposed by him to 
amendment no. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

                           Amendment No. 1614

       On page 71, strike out lines 13 through 23.
                                                                    ____


                           Amendment No. 1615

       On page 71, strike out lines 13 through 23 and insert in 
     lieu thereof the following new subsection:
       (c) Sense of the Senate Regarding Reform of the Delaney 
     Clause.--It is the sense of the Senate that--
       (1) the Delaney Clause in the Federal Food, Drug, and 
     Cosmetic Act governing carcinogens in foods must be reformed;
       (2) any such reform of the Delaney Clause--
       (A) should reflect the care and deliberativeness due to a 
     subject as important as whether and to what extent infants 
     and children shall be exposed to carcinogens through the good 
     they consume; and
       (B) should not undermine other safety standards.
       (3) advances in science and technology since the Delaney 
     Clause was originally enacted in 1958 have prompted the need 
     to refine the standards in current law with respect to 
     pesticide residues, and may have limited the appropriateness 
     of such standards with respect to food additives and animal 
     drugs;
       (4) the Delaney Clause should be replaced by a contemporary 
     health-based standard that takes into account--
       (A) the right of the American people to safe food;
       (B) the conclusions of the National Academy of Sciences 
     concerning the special susceptibility of infants and children 
     to the effects of pesticide chemicals and the cumulative 
     effect of the residues of such pesticide chemicals on human 
     health;
       (C) the importance of a stable food supply and a sound 
     agricultural economy; and
       (D) the interests of consumers, farmers, food 
     manufacturers, and other interested parties; and
       (5) prior to the end of the first session of the 104th 
     Congress, after appropriate consideration by the committees 
     of jurisdiction, the Senate should enact legislation to 
     reform the Delaney Clause.
                                                                    ____

                           Amendment No. 1616

       On page 71, strike out lines 13 through 23 and insert in 
     lieu thereof the following new subsection:
       (c) Revision of Certain Provisions of the Federal Food, 
     Drug, and Cosmetic Act Relating to the Safety of Food.--
       (1) Tolerances for pesticide chemicals in or on raw 
     agricultural commodities.--Section 408(b) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)) is amended--
       (A) buy striking ``and (3) to the opinion'' and inserting 
     ``(3) to the opinion''; and
       (B) by striking the period at the end of the second 
     sentence and inserting the following: ``; and (4) to the 
     susceptibility of infants and children to the effects of 
     pesticide chemicals and the residues of such pesticide 
     chemicals.''.
       (2) Food additives.--
       (A) In general.--Section 409(c)(3)(A) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 348(c)(3)) is amended to 
     read as follows:
       ``(A) fails to establish that the proposed use of the food 
     additive, under the conditions of use to be specified in the 
     regulation, will be safe: Provided, That no additive shall be 
     deemed to be safe if such additive is found to induce cancer 
     when ingested by man or animal, or if such additive is found, 
     after tests that are appropriate for the evaluation of the 
     safety of food additives, to induce cancer in man or animal, 
     except that this proviso shall not apply with respect to--
       ``(i) the use of a substance as an ingredient of feed for 
     animals that are raised for food production if the Secretary 
     finds that--
       ``(I) under the conditions of use and feeding specified in 
     the proposed labeling, and reasonably certain to be followed 
     in practice, such additive will not adversely affect the 
     animal for which such feed is intended; and
       ``(II) there are no residues of the additive as defined by 
     the Secretary (when tested by methods of examination 
     prescribed or approved by the Secretary by regulation, which 
     regulations shall not be subject to subsections (f) and (g)) 
     in any edible portion of such animal after slaughter or in 
     any food derived from the living animal;
       ``(ii) the use of any substance in food (except the use of 
     a substance as an ingredient of feed for animals that are 
     raised for food production) that the Secretary, by regulation 
     (which regulations shall not be subject to subsections (f) 
     and (g)) finds that the petitioner has shown, based on clear 
     and convincing scientifically valid data, that--
       ``(I) the amount of the additive that is present in food as 
     a result of the intended uses of such additive will be 
     insignificant; and
       ``(II) the amount of the additive that is present in food 
     as a result of the intended uses of such additive will 
     present no risk to the public health;
       ``(iii) the use of any substance in food if the Secretary 
     finds that the petitioner has shown, based on clear and 
     convincing scientifically valid data, that the additive 
     induces cancer in animals through mechanisms that do not 
     operate in humans and, therefore, that the additive would be 
     reasonably anticipated not to cause cancer in humans; or
       ``(iv) a residue of a pesticide chemical; or''.
       (B) Additional assessment considerations.--Section 
     409(c)(5) of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 348(c)(5)), as amended by subparagraph (A), is further 
     amended--
       (i) in subparagraph (B), by striking ``and'' at the end 
     thereof;
       (ii) in subparagraph (C), by striking the period at the end 
     thereof and inserting ``; and''; and
       (iii) by adding at the end thereof the following new 
     subparagraph:
       ``(D) the susceptibility of infants and children to the 
     effects of residues of pesticide chemicals.''.
       (3) New animal drugs.--Section 512(d)(1)(I) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 360b(d)(1)) is 
     amended to read as follows:
       ``(I) such drug induces cancer when ingested by man or 
     animal, or, after tests that are appropriate for the 
     evaluation of the safety of such drug, induces cancer in man 
     or animal, except that this subparagraph shall not apply with 
     respect to--
       ``(i) such drug if the Secretary finds that--
       ``(I) under the conditions of use and feeding specified in 
     the proposed labeling, and reasonably certain to be followed 
     in practice, such drug will not adversely affect the animal 
     for which such drug is intended; and
       ``(II) there are no residues of such drug as defined by the 
     Secretary (when tested by methods of examination prescribed 
     or approved by the Secretary by regulation, which regulations 
     shall not be subject to subsections (f) and (g)) in any 
     edible portion of such animal after slaughter or in any food 
     derived from the living animal; or
       ``(ii) such drug if the Secretary finds that the applicant 
     has shown, based on clear and convincing scientifically valid 
     data, that such drug or the residues of such drug induce 
     cancer in animals through mechanisms that do not operate in 
     humans and, therefore, that neither such drug nor the 
     residues of such drug would be reasonably anticipated to 
     cause cancer in humans;''.
                                                                    ____

                           Amendment No. 1617

       On page 71, strike out lines 13 through 23 and insert in 
     lieu thereof the following new subsection:
       (c) Revision of Certain Provisions of the Federal Food, 
     Drug, and Cosmetic Act Relating to the Safety of Food.--
       (1) Food additives.--
       (A) In general.--Section 409(c)(3)(A) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 348(c)(3)) is amended to 
     read as follows:
       ``(A) fails to establish that the proposed use of the food 
     additive, under the conditions of use to be specified in the 
     regulation, will be safe: Provided, That no additive shall be 
     deemed to be safe if such additive is found to induce cancer 
     when ingested by man or animal, or if such additive is found, 
     after tests that are appropriate for the evaluation of the 
     safety of food additives, to induce cancer in man or animal, 
     except that this proviso shall not apply with respect to--
       ``(i) the use of a substance as an ingredient of feed for 
     animals that are raised for food production if the Secretary 
     finds that--
       ``(I) under the conditions of use and feeding specified in 
     the proposed labeling, and reasonably certain to be followed 
     in practice, such additive will not adversely affect the 
     animal for which such feed is intended; and
       ``(II) there are no residues of the additive as defined by 
     the Secretary (when tested by methods of examination 
     prescribed or approved by the Secretary by regulation, which 
     regulations shall not be subject to subsections (f) and (g)) 
     in any edible portion of such animal after slaughter or in 
     any food derived from the living animal;
       ``(ii) the use of any substance in food (except the use of 
     a substance as an ingredient of feed for animals that are 
     raised for food production) that the Secretary, by regulation 
     (which regulations shall not be subject to subsections (f) 
     and (g)) finds that the petitioner has shown, based on clear 
     and convincing scientifically valid data, that--
       ``(I) the amount of the additive that is present in food as 
     a result of the intended 

[[Page S10057]]
     uses of such additive will be insignificant; and
       ``(II) the amount of the additive that is present in food 
     as a result of the intended uses of such additive will 
     present no risk to the public health;
       ``(iii) the use of any substance in food if the Secretary 
     finds that the petitioner has shown, based on clear and 
     convincing scientifically valid data, that the additive 
     induces cancer in animals through mechanisms that do not 
     operate in humans and, therefore, that the additive would be 
     reasonably anticipated not to cause cancer in humans; or
       ``(iv) a residue of a pesticide chemical; or''.
       (B) Additional assessment considerations.--Section 
     409(c)(5) of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 348(c)(5)), as amended by subparagraph (A), is further 
     amended--
       (i) in subparagraph (B), by striking ``and'' at the end 
     thereof;
       (ii) in subparagraph (C), by striking the period at the end 
     thereof and inserting ``; and''; and
       (iii) by adding at the end thereof the following new 
     subparagraph:
       ``(D) the susceptibility of infants and children to the 
     effects of residues of pesticide chemicals.''.
       (2) New animal drugs.--Section 512(d)(1)(I) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 360b(d)(1)) is 
     amended to read as follows:
       ``(I) such drug induces cancer when ingested by man or 
     animal, or, after tests that are appropriate for the 
     evaluation of the safety of such drug, induces cancer in man 
     or animal, except that this subparagraph shall not apply with 
     respect to--
       ``(i) such drug if the Secretary finds that--
       ``(I) under the conditions of use and feeding specified in 
     the proposed labeling, and reasonably certain to be followed 
     in practice, such drug will not adversely affect the animal 
     for which such drug is intended; and
       ``(II) there are no residues of such drug as defined by the 
     Secretary (when tested by methods of examination prescribed 
     or approved by the Secretary by regulation, which regulations 
     shall not be subject to subsections (f) and (g)) in any 
     edible portion of such animal after slaughter or in any food 
     derived from the living animal; or
       ``(ii) such drug if the Secretary finds that the applicant 
     has shown, based on clear and convincing scientifically valid 
     data, that such drug or the residues of such drug induce 
     cancer in animals through mechanisms that do not operate in 
     humans and, therefore, that neither such drug nor the 
     residues of such drug would be reasonably anticipated to 
     cause cancer in humans;''.
                                                                    ____

                           Amendment No. 1618

       On page 19, between lines 7 and 8, insert the following new 
     clause:
       ``(  ) a rule or agency action relating to performance 
     standards for electrical wires that connect patients to 
     medical devices''.
                                                                    ____


                           Amendment No. 1619

       On page 44, after line 13, strike section 629.
                                                                    ____


                           Amendment No. 1620

       On page 14, between lines 16 and 17, insert the following:
       ``(6) the term `major rule' does not include a rule the 
     primary purpose of which is to protect the special health 
     needs of women.
       On page 49, line 21, strike ``or''.
       On page 50, line 2, strike the period at the end and insert 
     ``; or''.
       On page 50, between lines 2 and 3, insert the following:
       ``(F) a rule or agency action the primary purposes of which 
     is to protect the special health needs of women.
       On page 88, strike lines 15 through 19 and insert the 
     following:

     ``Sec. 807. Exemptions.

       ``Nothing in this chapter shall apply to rules--
       ``(1) that concern monetary policy proposed or implemented 
     by the Board of Governors of the Federal Reserve System or 
     the Federal Open Market Committee; or
       ``(2) the primary purposes of which is to protect the 
     special health needs of women.''.
                                                                    ____

                           Amendment No. 1621

       On page 14, between lines 16 and 17, insert the following:
       ``(6) the term `major rule' does not include a rule the 
     primary purpose of which is to protect the health and safety 
     of children.
       On page 49, line 21, strike ``or''.
       On page 50, line 2, strike the period at the end and insert 
     ``; or''.
       On page 50, between lines 2 and 3, insert the following:
       ``(F) a rule or agency action the primary purposes of which 
     is to protect the health or safety of children.
       On page 88, strike lines 15 through 19 and insert the 
     following:

     ``Sec. 807. Exemptions.

       ``Nothing in this chapter shall apply to rules--
       ``(1) that concern monetary policy proposed or implemented 
     by the Board of Governors of the Federal Reserve System or 
     the Federal Open Market Committee; or
       ``(2) the primary purposes of which is to protect the 
     health or safety of children''.
                                                                    ____


                           Amendment No. 1622

       On page 16, line 16, insert ``or removal from'' after 
     ``into''.
                                                                    ____


                           Amendment No. 1623

       On page 49, line 12, insert ``or removal from'' after 
     ``into''.
                                                                    ____


                           Amendment No. 1624

       On page 49, line 17, insert ``compliance activities, 
     educational and guidance documents,'' after ``permit,''.
                                                                    ____

                           Amendment No. 1625

       On page 46, insert between lines 4 and 5 the following:

     ``Sec. 629A. Inapplicability to mine safety and health 
       regulations

       ``This subchapter shall not apply to any standard, 
     regulation, interpretive rule, guidance, or general statement 
     of policy relating to mine safety and health.
       On page 50, insert between lines 15 and 16 the following 
     new paragraph:
       ``(4) This subchapter shall not apply to any standard, 
     regulation, interpretive rule, guidance, or general statement 
     of policy relating to mine safety and health.
       On page 96, insert between lines 20 and 21 the following 
     new section:

     SEC.   . MINE SAFETY AND HEALTH REGULATIONS.

       The Federal Mine Safety and Health Act of 1977 (30 U.S.C. 
     801 et seq.) is amended by inserting after section 101 the 
     following new section:


                 ``risk assessments for final standards

       ``Sec. 101a. (a) In promulgating any final mine safety and 
     health regulation or standard, the Secretary shall publish in 
     the Federal Register--
       ``(1) an estimate, calculated with as much specificity as 
     practicable, of the risk to the health and safety of 
     employees addressed by such regulation or standard, the 
     affect of such regulation or standard on human health or the 
     environment, and the costs associated with the implementation 
     of, and compliance with, such regulation or standard;
       ``(2) a comparative analysis of the risk addressed by such 
     regulation or standard relative to other risks to which 
     employees are exposed; and
       ``(3) a certification that--
       ``(A) the estimate under paragraph (1) and the analysis 
     under paragraph (2) are--
       ``(i) based upon a scientific evaluation of the risk to the 
     health and safety of employees and to human health or the 
     environment; and
       ``(ii) supported by the best available scientific data;
       ``(B) such regulation or standard will substantially 
     advance the purpose of protecting employee health and safety 
     or the environment against the specified identified risk; and
       ``(C) such regulation or standard will produce benefits to 
     employee health and safety or the environment that will 
     justify the cost to the Federal Government and the public of 
     the implementation of and compliance with such regulation or 
     standard.
       ``(b) If the Secretary cannot make the certification 
     required under subsection (a)(3), the Secretary shall--
       ``(1) notify the Congress concerning the reasons why such 
     certification cannot be made; and
       ``(2) publish a statement of such reasons with the final 
     regulation or standard.
       ``(c) Nothing in this section shall be construed to grant a 
     cause of action to any person.''.
                                                                    ____


                           Amendment No. 1626

       On page 25, between lines 22 and 23, insert the following:
       ``(g) Exemption for Rule or Agency Action Relating to the 
     Safety or Blood Supply.--None of the provisions of this 
     subchapter or subchapter III shall apply to any rule or 
     agency action intended to ensure the safety, efficacy, or 
     availability of blood, blood products, or blood-derived 
     products.
                                 ______


                    LEVIN AMENDMENTS NOS. 1627-1649

  (Ordered to lie on the table.)
  Mr. LEVIN submitted 23 amendments intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

                           Amendment No. 1627

       On page 75, strike lines 1 through 5 and renumber 
     accordingly.
       On page 8, line 12, strike ``substantially.''
                                                                    ____


                           Amendment No. 1628

       On page 19, between lines 7 and 8, insert the following new 
     subparagraph:
       ``(xiii) a rule or agency action of the Federal Election 
     Commission or a rule or agency action issued under section 
     315 and section 312(a)(7) of the Federal Communications Act 
     of 1934.''
                                                                    ____


                           Amendment No. 1629

       On page 3, line 2, strike ``or''.
       On page 3, line 7, strike the period and insert the 
     following: ``; or
       ``(5) a rule relating to government loans, grants or 
     benefits.''
                                                                    ____


                           Amendment No. 1630

       On page 57, line 25, strike ``such person;'' and insert 
     ``such person or an employer of such person;''
                                                                    ____


                           Amendment No. 1631

       On page 21, line 25, insert between ``of'' and 
     ``reasonable'' the following: ``a reasonable number of''.

[[Page S10058]]

       On page 23, line 11, insert between ``and of'' and ``the'' 
     the following: ``a reasonable number of''.
                                                                    ____


                           Amendment No. 1632

       On page 39, line 18, strike subsection (e).
                                                                    ____


                           Amendment No. 1633

       On page 36, line 2, strike ``nonquantifiable''.
       On page 36, line 10, strike ``; and'' and substitute ``.''
       On page 36, line 11, strike paragraph (4).
       On page 37, line 10, strike ``nonquantifiable''.
       On page 37, at the end of line 5, insert ``and''.
       On page 37, line 18, strike ``; and'' and insert ``.''.
       On page 37, line 19, strike paragraph (3).
                                                                    ____

                           Amendment No. 1634

       On page 22, line 19, after ``scientific evaluations,'' 
     insert ``cost estimates,''.
       On page 22, line 24, after ``scientific evaluation,'' 
     insert ``cost estimate,''.
                                                                    ____


                           Amendment No. 1635

       On page 16, lines 15 and 16, strike ``a rule or agency 
     action that authorizes the introduction into'' and substitute 
     ``the introduction into or removal from''.
       On page 16, line 25, strike ``or that provides relief, in 
     whole or in part, from a statutory prohibition,'' and all 
     that follows through page 17, line 4.
       On page 49, line 11, strike ``a rule or agency action that 
     authorizes the introduction into'' and substitute ``the 
     introduction into or removal from''.
                                                                    ____


                           Amendment No. 1636

       On page 8, line 12, strike ``substantially''.
                                                                    ____


                           Amendment No. 1637

       On page 3, line 25, strike ``text of''.
       On page 4, line 2, strike ``text of''.
       On page 8, line 3, strike ``text of''.
       On page 8, line 5, strike ``text of''.
                                                                    ____


                           Amendment No. 1638

       On page 57, line 11, insert after the word ``panels'' the 
     following: ``or reports which have been subject to peer 
     review''.
                                                                    ____


                           Amendment No. 1639

       On page 58, line 24, strike everything through page 59, 
     line 3.
                                                                    ____


                           Amendment No. 1640

       On page 57, line 11, insert after the word ``panels'' the 
     following: ``or reports which have been subject to peer 
     review''.
                                                                    ____

                           Amendment No. 1641

       On page 40, line 8, strike everything through page 41, line 
     12, and insert the following:

     SEC. 626. DEADLINES FOR RULEMAKING.

       ``(a) All deadlines in statutes that require agencies to 
     propose or promulgate any rule subject to section 622 or 
     subchapter III during the 2-year period beginning on the 
     effective date of this section shall be suspended until the 
     earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 6 months after the date of the 
     applicable deadline.
       ``(b) All deadlines imposed by any court of the United 
     States that would require an agency to propose or promulgate 
     a rule subject to section 622 or subchapter III during the 2-
     year period beginning on the effective date of this section 
     shall be suspended until the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 6 months after the date of the 
     applicable deadline.
       ``(c) In any case in which the failure to promulgate a rule 
     by a deadline occurring during the 2-year period beginning on 
     the effective date of this section would create an obligation 
     to regulate through individual adjudications, the deadline 
     shall be suspended until the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 6 months after the date of the 
     applicable deadline.

                           Amendment No. 1642

       On page 75, strike lines 1 through 5 and renumber 
     accordingly.
                                                                    ____


                           Amendment No. 1643

       On page 57, line 25, strike ``such person;'' and insert 
     ``such person or an employer of such person;''

                           Amendment No. 1644

       On page 14, strike out line 11 and all that follows through 
     line 18 and substitute the following:
       ``(B) any other rule that is--
       ``(i) otherwise designated a major rule by the agency 
     proposing the rule, the Director, or a designee of the 
     President; or
       ``(ii) designated a major rule by the Chief Counsel for 
     Advocacy of the Small Business Administration with the 
     concurrence of the Administrator of the Office of Information 
     and Regulatory Affairs, or solely by the Administrator of the 
     Office of Information and Regulatory Affairs, pursuant to the 
     designation procedures established in paragraphs (e)(2) and 
     (3) of section 623,

     provided that a designation or failure to designate under 
     this clause shall not be subject to judicial review;
       ``(6) the term `market-based mechanism' means a regulatory 
     program that--''.
                                                                    ____

                           Amendment No. 1645

       On page 33, at the end of line 13, insert ``or repeal''.
       On page 33, line 17, strike ``or repeal''.
       On page 34, line 11, after ``to amend'', insert ``or 
     repeal''.
       On page 34, line 17, after ``modify'' insert ``or repeal''.
       On page 34, line 24, strike ``the head of the agency'' and 
     all that follows through the end of the sentence and insert 
     in lieu thereof the following:

     ``the rule shall be subject to the congressional disapproval 
     procedure under section 802 as of the date of the deadline, 
     and shall terminate by operation of law upon the enactment of 
     a joint resolution of disapproval pursuant to such 
     section.''.
                                                                    ____


                           Amendment No. 1646

       On page 15, line 18, strike paragraph (8) and substitute 
     the following:
       ``(8) the term `reasonable alternatives' means a reasonable 
     number of significant alternatives proposed by the agency or 
     by persons commenting on a proposed rule, which the agency 
     has authorization to consider under its permissible 
     interpretation of the statue, including flexible regulatory 
     options described in section 622(c)(2)(c)(iii), unless 
     precluded by the statute granting the rulemaking authority.''
                                                                    ____


                           Amendment No. 1647

       On page 25, beginning with line 23, strike out all through 
     line 8 on page 35 and insert in lieu thereof the following:

     ``Sec. 623. Agency regulatory review

       ``(a) Preliminary Schedule for Rules.--(1) Not later than 1 
     year after the date of the enactment of this section, and 
     every 5 years thereafter, the head of each agency shall 
     publish in the Federal Register a notice of proposed 
     rulemaking under section 553 that contains a preliminary 
     schedule of rules selected for review under this section by 
     the head of the agency and in the sole discretion of the head 
     of the agency, and request public comment thereon, including 
     suggestions for additional rules warranting review. The 
     agency shall allow at least 180 days for public comment.
       ``(2) The preliminary schedule under this subsection shall 
     propose deadlines for review of each rule listed thereon, and 
     such deadlines shall occur not later than 11 years from the 
     date of publication of the preliminary schedule.
       ``(3) In selecting rules and establishing deadlines for the 
     preliminary schedule, the head of the agency shall consider 
     the extent to which, in the judgment of the head of the 
     agency--
       ``(A) a rule is unnecessary, and the agency has discretion 
     under the statute authorizing the rule to repeal the rule;
       ``(B) the benefits of the rule do not justify its costs or 
     the rule does not achieve the rulemaking objectives in a 
     cost-effective manner;
       ``(c) a rule could be revised in a manner allowed by the 
     statute authorizing the rule so as to--
       ``(i) substantially decrease costs;
       ``(ii) substantially increase benefits; or
       ``(iii) provide greater flexibility for regulated entities, 
     through mechanisms including, but not limited to, those 
     listed in section 622(c)(2)(C)(iii);
       ``(D) the importance of each rule relative to other rules 
     being reviewed under this section; or
       ``(E) the resources expected to be available to the agency 
     to carry out the reviews under this section.
       ``(b) Schedule.--(1) Not later than 1 year after 
     publication of a preliminary schedule under subsection (a), 
     the head of each agency shall publish a final rule that 
     establishes a schedule of rules to be reviewed by the agency 
     under this section.
       ``(2) The schedule shall establish a deadline for 
     completion of the review of each rule listed on the schedule, 
     taking into account the criteria in subsection (a)(3) and 
     comments received in the rulemaking under subsection (a). 
     Each such deadline shall occur not later than 11 years from 
     the date of publication of the preliminary schedule.
       ``(3) The head of the agency shall modify the agency's 
     schedule under this section to reflect any change contained 
     in an appropriations Act under subsection (d).
       ``(c) Judicial Review.--(1) Notwithstanding section 623 and 
     except as provided otherwise in this subsection, judicial 
     review of agency action taken pursuant to the requirements of 
     this section shall be limited to review of compliance or 
     noncompliance with the requirements of this section.
       ``(2) Agency decisions to place, or decline to place, a 
     rule on the schedule, and the deadlines for completion of a 
     rule, shall not be subject to judicial review.
       ``(d) Annual Budget.--(1) The President's annual budget 
     proposal submitted under section 1105(a) of title 31 for each 
     agency subject to this section shall--
       ``(A) identify as a separate sum the amount requested to be 
     appropriated for implementation of this section during the 
     upcoming fiscal year; and
       ``(B) include a list of rules which may be subject to 
     subsection (e)(3) during the year for which the budget 
     proposal is made.

[[Page S10059]]

       ``(2) Amendments to the schedule under subsection (b) to 
     place a rule on the schedule for review or change a deadline 
     for review of a rule may be included in annual appropriations 
     Acts for the relevant agencies. An authorizing committee with 
     jurisdiction may recommend, to the House of Representatives 
     or Senate appropriations committee (as the case may be), such 
     amendments. The appropriations committee to which such 
     amendments have been submitted may include the amendments in 
     the annual appropriations Act for the relevant agency. Each 
     agency shall modify its schedule under subsection (b) to 
     reflect such amendments that are enacted into law.
       ``(e) Review of Rule.--(1) For each rule on the schedule 
     under subsection (b), the agency shall--
       ``(A) not later than 2 years before the deadline in such 
     schedule, publish in the Federal Register a notice that 
     solicits public comment regarding whether the rule should be 
     continued, amended, or repealed;
       ``(B) not later than 1 year before the deadline in such 
     schedule, publish in the Federal Register a notice that--
       ``(i) addresses public comments generated by the notice in 
     subparagraph (A);
       ``(ii) contains a preliminary analysis provided by the 
     agency of whether the rule is a major rule, and if so, 
     whether the benefits of the rule justify its costs;
       ``(iii) contains a preliminary determination as to whether 
     the rule should be continued, amended, or repealed; and
       ``(iv) solicits public comment on the preliminary 
     determination for the rule; and
       ``(C) not later than 60 days before the deadline in such 
     schedule, publish in the Federal Register a final notice on 
     the rule that--
       ``(i) addresses public comments generated by the notice in 
     subparagraph (B); and
       ``(ii) contains a final determination of whether to 
     continue, amend, or repeal the rule;
       ``(iii) if the agency determines to continue the rule and 
     the rule is a major rule, describes a final analysis as to 
     whether the benefits of the rule justify its costs; and
       ``(iv) if the agency determines to amend or repeal the 
     rule, contains a notice of proposed rulemaking under section 
     553.
       ``(2) If the final determination of the agency is to 
     continue the rule, that determination shall take effect 60 
     days after the publication in the Federal Register of the 
     notice in paragraph (1)(C).
       ``(3) If the final determination of the agency is to 
     continue the rule, and the agency has concluded that the 
     benefits do not justify the costs, the agency shall transmit 
     to the appropriate committees of Congress the cost-benefit 
     analysis and a statement of the agency's reasons for 
     continuing the rule.
       ``(f) Deadline for Final Agency Action on Modified Rule.--
     If an agency makes a determination to amend or repeal a major 
     rule under subsection (e)(1)(C)(ii), the agency shall 
     complete final agency action with regard to such rule not 
     later than 2 years of the date of publication of the notice 
     in subsection (e)(1)(C) containing such determination. 
     Nothing in this subsection shall limit the discretion of an 
     agency to decide, after having proposed to modify a major 
     rule, not to promulgate such modification. Such decision 
     shall constitute final agency action for the purposes of 
     judicial review.
       ``(g) Completion of Review or Repeal of Rule.--If an agency 
     has not completed review of the rule by the deadline 
     established under subsection (b), the agency shall 
     immediately commence a rulemaking action pursuant to section 
     553 of this title to repeal the rule and shall complete such 
     rulemaking within 2 years of the deadline established under 
     subsection (b).
       ``(h) Final Agency Action.--(1) The final determination of 
     an agency to continue a rule under subsection (e)(1)(C) shall 
     be considered final agency action.
       ``(2) Failure to promulgate an amended major rule or to 
     make other decisions required by subsection (g) by the date 
     established under such subsection shall be subject to 
     judicial review pursuant to section 706(1) of this title.''.
                                                                    ____


                           Amendment No. 1648

       On page 11, strike lines 5 through line 19.
       On page 12, strike line 9 through line 12.
       On page 59, strike lines 10 and all that for follows 
     through page 60, line 23.
       On page 44, strike line 14 and all that follows through 
     page 46, line 4.
                                                                    ____


                           Amendment No. 1649

       On page 39, lines 11 and 12, strike ``failure to comply 
     with'' and insert in lieu thereof ``any analysis or 
     assessment pursuant to''.
                                 ______


                    GLENN AMENDMENTS NOS. 1650-1652

  (Ordered to lie on the table.)
  Mr. GLENN submitted three amendments intended to be proposed by him 
to amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; 
as follows:

                           Amendment No. 1650

       On page 1, line 5, through page 12, line 21, strike all 
     text.
                                                                    ____


                           Amendment No. 1651

       Strike page 67, lines 1-18.
                                                                    ____


                           Amendment No. 1652

       On page 35, strike out all from line 10 through page 38, 
     line 5, and insert in lieu thereof the following:
       ``(a) Construction With Other Laws.--The requirements of 
     this section shall supplement, and not supersede, any other 
     decisions criteria otherwise provided by law, and in the 
     event of conflict, the statute under which the rule is 
     promulgated shall govern.
       ``(b) Requirements.--Except as provided in subsection (c), 
     no final major rule subject to this subchapter shall be 
     promulgated unless the agency head publishes in the Federal 
     Register a finding that--
       ``(1) the benefits from the rule justify the costs of the 
     rule;
       ``(2) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii); and
       ``(3)(A) there is no other reasonable alternative that 
     provides equal or greater benefits at less cost that achieves 
     the objectives of the rulemaking as specified by the agency 
     head and consistent with the statute; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment, or the achievement of constitutional rights of 
     individuals, or the achievement of statutory rights that 
     prohibit discrimination identified by the agency in the 
     rulemaking record make a more costly alternative that 
     achieves the objectives of the statute appropriate and in the 
     public interest and the agency head provides an explanation 
     of those considerations, the rule adopts the least cost 
     alternative of the reasonable alternatives that achieves the 
     objectives of the rulemaking as specified by the agency head 
     and consistent with the statute, necessary to take into 
     account such uncertainties or benefits; and
       ``(c) Alternative Requirements.--If, applying the statutory 
     requirements upon which the rule is based, a rule cannot 
     satisfy the criteria of subsection (b), the agency head may 
     promulgate the rule if the agency head finds that--
       ``(1) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii);
       ``(2)(A) there is no other reasonable alternative that 
     provides equal or greater benefits at less cost that achieves 
     the objectives of the rulemaking as specified by the agency 
     head and consistent with the statute; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment, or the achievement of constitutional rights of 
     individuals, or the achievement of statutory rights that 
     prohibit discrimination identified by the agency in the 
     rulemaking record make a more costly alternative that 
     achieves the objectives of the statute appropriate and in the 
     public interest and the agency head provides an explanation 
     of those considerations, the rule adopts the least cost 
     alternative of the reasonable alternatives that achieves the 
     objectives of the rulemaking as specified by the agency head 
     and consistent with the statute, necessary to take into 
     account such uncertainties or benefits.''
                                 ______


              GLENN (AND LEVIN) AMENDMENTS NOS. 1653-1658

  (Ordered to lie on the table.)
  Mr. GLENN (for himself and Mr. Levin) submitted six amendments 
intended to be proposed by them to amendment No. 1487 proposed by Mr. 
Dole to the bill, S. 343, supra; as follows:

                           Amendment No. 1653

       On page 52:
       Lines 9 through 10, strike ``that are reasonably expected 
     to be encountered''.
       Strike line 4 and insert in lieu thereof, ``shall consider 
     in each risk assessment sound, reasonably''
       Line 15 insert ``, where appropriate,'' after ``consider''.
       On page 53:
       Line 4, insert ``material'' before ``conflicts''.
       Line 7, strike ``emphasizing'' and insert ``including''.
       Line 8, strike ``the most''.
       Lines 12 through 13, strike ``the greatest'' and insert in 
     lieu thereof ``sound''.
       On page 54, line 1, after ``(1)'' insert ``To the extent 
     feasible and scientifically appropriate.''
       On page 56, line 10, strike ``the reasonably expected 
     risk'' and insert in lieu thereof ``the range and 
     distribution of risk''.
                                                                    ____


                           Amendment No. 1654

       On page 16, line 16, insert ``or removal from'' after ``the 
     introduction into''.
       On page 49, line 12, insert ``or removal from'' after ``the 
     introduction into''.
       On page 50, strike lines 6 through 9.
                                                                    ____

                           Amendment No. 1655

       On page 46 between lines 11 and 12, insert the following:
       ``(2) the term ``covered agency'' means--
       ``(A) the Secretary of Defense, for major rules relating to 
     the programs and responsibilities of the United States Army 
     Corps of Engineers;
       ``(B) the Secretary of the Interior, for major rules 
     relating to the programs and responsibilities of the Office 
     of Surface Mining Reclamation and Enforcement;
       ``(C) the Secretary of Agriculture, for major rules 
     relating to the programs and responsibilities of--

[[Page S10060]]

       ``(i) the Animal and Plant Health Inspection Service;
       ``(ii) the Grain Inspection, Packers, and Stockyards 
     Administration;
       ``(iii) the Food Safety and Inspection Service;
       ``(iv) the Forest Service; and
       ``(v) the Natural Resources Conservation Service;
       ``(D) the Secretary of Commerce, for major rules relating 
     to the programs and responsibilities of the National Marine 
     Fisheries Service;
       ``(E) the Secretary of Labor, for major rules relating to 
     the programs and responsibilities of--
       ``(i) the Occupational Safety and Health Administration; 
     and
       ``(ii) the Mine Safety and Health Administration;
       ``(F) the Secretary of Health and Human Services, for major 
     rules relating to the programs and responsibilities assigned 
     to the Food and Drug Administration;
       ``(G) the Secretary of Transportation, for major rules 
     relating to the programs and responsibilities assigned to--
       ``(i) the Federal Aviation Administration; and
       ``(ii) the National Highway Traffic Safety Administration;
       ``(H) the Secretary of Energy, for major rules relating to 
     nuclear safety, occupational safety and health, and 
     environmental restoration and waste management;
       ``(I) the Chairman of the Consumer Product Safety 
     Commission;
       ``(J) the Administrator of the Environmental Protection 
     Agency; and
       ``(K) the Chairman of the Nuclear Regulatory Commission.
       On page 48, line 3, strike ``an'' and insert ``a covered'';
       On page 48, line 9, after ``each'' insert ``covered'';
       On page 48, line 18, after ``each'' insert ``covered''.
                                                                    ____

                           Amendment No. 1656

       On page 67, beginning on line 19, strike out all through 
     page 71, line 12, and insert in lieu thereof--
       (b) Regulatory Flexibility Act Judicial Review.--Section 
     611 of title 5, United States Code, is amended to read as 
     follows:

     ``SEC. 611. JUDICIAL REVIEW.

       ``(a)(1) Except as provided in paragraph (2), not later 
     than the end of the 120 day period beginning on the date of 
     publication of a final rule with respect to which an agency--
       ``(A) certified, pursuant to section 605(b), that such rule 
     would not have a significant economic impact on a substantial 
     number of small entities; or
       ``(B) prepared a final regulatory analysis pursuant to 
     section 604;

     an affected small entity may petition for the judicial review 
     of such certification, or analysis in accordance with this 
     subsection. A court having jurisdiction to review such rule 
     for compliance with section 553 or under any other provision 
     of law shall have jurisdiction over such petition.
       ``(2)(A) Except as provided in subparagraph (B), in the 
     case where a provision of law requires that an action 
     challenging a final agency regulation be commenced before the 
     expiration of the 120-day period provided in paragraph (1), 
     such lesser period shall apply to a petition for judicial 
     review under this subsection.
       ``(B) In the case where an agency delays the issuance of a 
     final regulatory flexibility analysis pursuant to section 
     608(b) of this title, a petition for judicial review under 
     this subsection shall be filed not later than--
       ``(i) 120 days after the date the analysis is made 
     available to the public; or
       ``(ii) in the case where a provision of law requires that 
     an action challenging a final agency regulation be commenced 
     before the expiration of the 120-day period provided in 
     paragraph (1), the number of days specified in such provision 
     of law that is after the date the analysis is made available 
     to the public.
       ``(3) For purposes of this subsection, the term `affected 
     small entity' means a small entity that is or will be 
     adversely affected by the final rule.
       ``(4) Nothing in this subsection shall be construed to 
     limit the authority of any court to stay the effective date 
     of any rule or provision thereof under any other provision of 
     law.
       ``(5)(A) In the case where the agency certified that such 
     rule would not have a significant economic impact on a 
     substantial number of small entities, the court may order
      the agency to prepare a final regulatory flexibility 
     analysis pursuant to section 604 of this title if the 
     court determines, on the basis of the rulemaking record, 
     that the certification was arbitrary, capricious, or an 
     abuse of discretion.
       ``(B) If the agency prepared a final regulatory flexibility 
     analysis, the court shall order the agency to take corrective 
     action consistent with section 604 if the court determines, 
     on the basis of the court's review of the rulemaking record, 
     that the final regulatory flexibility analysis does not 
     satisfy the requirements of section 604.
       ``(6) The court may stay the rule or grant such other 
     relief as the court determines to be appropriate if, by the 
     end of the 90-day period (or such longer period as the court 
     may provide) beginning on the date of the order of the court 
     pursuant to paragraph (5), the agency fails, as appropriate--
       ``(A) to prepare an analysis required by section 604; or
       ``(B) to take corrective action consistent with section 
     604.
       ``(7) In making any determination or granting any relief 
     authorized by this subsection, the court shall take due 
     account of the rule of prejudicial error.
       ``(b) In an action for the judicial review of a rule, any 
     regulatory flexibility analysis for such rule (including an 
     analysis prepared or corrected pursuant to subsection (a)(5) 
     shall constitute part of the whole record of agency action in 
     connection with such review.
       ``(c) Except as otherwise required by the provisions of 
     this subchapter, the court shall apply the same standards of 
     judicial review that govern the review of agency findings 
     under the statute granting the agency authority to conduct 
     the rulemaking.''.
                                                                    ____


                           Amendment No. 1657

       On page 96, line 24, strike out ``on the date of 
     enactment'' and insert in lieu thereof ```180 days after the 
     date of enactment of this Act, but shall not apply to any 
     agency rule for which a general notice of proposed rulemaking 
     is published on or before such date''.
                                                                    ____


                           Amendment No. 1658

       On page 75, strike out lines 13 through 21.
       On page 75, line 22, strike out ``708'' and insert in lieu 
     thereof ``707''.
                                 ______


                        GLENN AMENDMENT NO. 1659

  (Ordered to lie on the table.)
  Mr. GLENN submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       On Page 59 strike out lines 4 through 6.
                                 ______


                  GLENN (AND LEVIN) AMENDMENT NO. 1660

  (Ordered to lie on the table.)
  Mr. GLENN submitted an amendment intended to be proposed by them to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       On page 35, strike out all from line 10 through page 38, 
     line 5, and insert in lieu thereof the following:
       ``(a) Construction With Other Laws.--The requirements of 
     this section shall supplement, and not supersede, any other 
     decisional criteria otherwise provided by law, and in the 
     event of conflict, the statute under which the rule is 
     promulgated shall govern.
       ``(b) Requirements.--Except as provided in subsection (c), 
     no final major rule subject to this subchapter shall be 
     promulgated unless the agency head publishes in the Federal 
     Register a finding that--
       ``(1) the benefits from the rule justify the costs of the 
     rule;
       ``(2) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii); and
       ``(3)(A) the rule adopts the most cost-effective of the 
     reasonable alternatives that achieves the objectives of the 
     rulemaking as specified by the agency head and consistent 
     with the statute; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment, or the achievement of constitutional rights of 
     individuals, or the achievement of statutory rights that 
     prohibit discrimination identified by the agency in the 
     rulemaking record make a more costly alternative that 
     achieves the objectives of the statute appropriate and in the 
     public interest and the agency head provides an explanation 
     of those considerations, the rule adopts the least cost 
     alternative of the reasonable alternatives that achieves the 
     objectives of the rulemaking as specified by the agency head 
     and consistent with the statute, necessary to take into 
     account such uncertainties or benefits; and
       ``(c) Alternative Requirements.--If, applying the statutory 
     requirements upon which the rule is based, a rule cannot 
     satisfy the criteria of subsection (b), the agency head may 
     promulgate the rule if the agency head finds that--
       ``(1) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii);
       ``(2)(A) the rule adopts the most cost-effective of the 
     reasonable alternatives that achieves the objectives of the 
     rulemaking as specified by the agency head and consistent 
     with the statute; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment, or the achievement of constitutional rights of 
     individuals, or the achievement of statutory rights that 
     prohibit discrimination identified by the agency in the 
     rulemaking record make a more costly alternative that 
     achieves the objectives of the statute appropriate and in the 
     public interest and the agency head provides an explanation 
     of those considerations, the rule adopts the least cost 
     alternative of the reasonable alternatives that achieves the 
     objectives of the rulemaking as specified by the agency head 
     and consistent with the statute, necessary to take into 
     account such uncertainties or benefits.''
                                 ______


                        GLENN AMENDMENT NO. 1661

  (Ordered to lie on the table.)
  
[[Page S10061]]

  Mr. GLENN submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       On page 23, strike lines 20 through 23.
                                 ______


                        LEVIN AMENDMENT NO. 1662

  (Ordered to lie on the table.)
  Mr. LEVIN submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       On page 39, strike lines 18 through line 7 on page 40.
                                 ______


                       DORGAN AMENDMENT NO. 1663

  (Ordered to lie on the table.)
  Mr. DORGAN submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       On page 17, beginning on line 8, strike out ``mergers, 
     acquisitions,''.
                                 ______


                    BIDEN AMENDMENTS NOS. 1664-1665

  (Ordered to lie on the table.)
  Mr. BIDEN submitted two amendments intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

                           Amendment No. 1664

       On page 75, lines 24 through 26 delete ``it shall be an 
     affirmative defense in any enforcement action brought by an 
     agency that'' and insert ``no civil or criminal penalty shall 
     be imposed if''.
                                                                    ____


                           Amendment No. 1665

       Delete from page 35 line 23 to page 37 line 18 and insert 
     in lieu thereof the following:

     ``Sec. 624. Decisional criteria

       ``(a) Construction With Other Laws.--The requirements of 
     this section shall supplement, and not supersede, any other 
     decisional criteria otherwise provided by law.
       ``(b) Requirements.--Except as provided in subsection (c), 
     no final major rule subject to this subchapter shall be 
     promulgated unless the agency head publishes in the Federal 
     Register a finding that--
       ``(1) the benefits from the rule justify the costs of the 
     rule;
       ``(2) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii); and
       ``(3)(A) the rule adopts a cost-effective choice among the 
     reasonable alternatives that achieve the objectives of the 
     statute; or
       ``(4) if a risk assessment is required by section 632--
       ``(A) the rule is likely to significantly reduce the human 
     health, safety, and environmental risks to be addressed; or
       ``(B) if scientific, technical, or economic uncertainties 
     or nonquantifiable benefits to health, safety, or the 
     environment, preclude making the finding under subparagraph 
     (A), promulgating the final rule is nevertheless justified 
     for reasons stated in writing accompanying the rule and 
     consistent with subchapter III.
       ``(c) Alternative Requirements.--If, applying the statutory 
     requirements upon which the rule is based, a rule cannot 
     satisfy the criteria of subsection (b), the agency head may 
     promulgate the rule if the agency head finds that--
       ``(1) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii);
       ``(2)(A) the rule adopts a cost-effective choice among the 
     reasonable alternatives that achieve the objectives of the 
     statute; or
                                 ______


                        GLENN AMENDMENT NO. 1666

  (Ordered to lie on the table.)
  Mr. GLENN submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill, S. 343, supra; as 
follows:

       Delete from page 38, line 15 to page 39, line 17 and insert 
     the following:
       ``(a) Compliance or noncompliance by a agency with the 
     provisions of this subchapter and subchapter III shall not be 
     subject to judicial review except in connection with review 
     of a final agency rule and according to the provisions of 
     this section.
       ``(b) Any determination by a designee of the President or 
     the Director that a rule is, or is not, a major rule shall 
     not be subject to judicial review in any manner.
       ``(c) The determination by an agency that a rule is, or is 
     not, a major rule shall be set aside by a reviewing court 
     only upon a clear and convincing showing that the 
     determination is erroneous in light of the information 
     available to the agency at the time the agency made the 
     determination.
       ``(d) If the cost-benefit analysis or risk assessment 
     required under this chapter has been wholly omitted for any 
     major rule, a court shall vacate the rule and remand the case 
     for further consideration. If an analysis or assessment has 
     been performed, the court shall not review to determine 
     whether the analysis or assessment conformed to the 
     particular requirements of this chapter.
       ``(e) Any cost-benefit analysis or risk assessment prepared 
     under this chapter shall not be subject to judicial 
     consideration separate or apart from review of the agency 
     action to which it relates. When an action for judicial 
     review of an agency action is instituted, any analysis or 
     assessment for such agency action shall constitute part of 
     the whole administrative record of agency action for the 
     purpose of judicial review of the agency action.''
                                 ______


                    BOXER AMENDMENTS NOS. 1667-1678

  (Ordered to lie on the table.)
  Mrs. BOXER submitted 12 amendment intended to be proposed by her to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:

                           Amendment No. 1667

       On page 96, insert between lines 20 and 21 the following 
     new section:

     SEC.   . RULE OF CONSTRUCTION RELATING TO THE COMMUNITY RIGHT 
                   TO KNOW ACT.

       Nothing in this Act (including any amendment made by this 
     Act) shall be construed to revise, amend, weaken or delay in 
     any way, the requirements or criteria under the Community 
     Right to Know Act.
                                                                    ____

                           Amendment No. 1668

       On page 96, insert between lines 20 and 21 the following 
     new section:

     SEC.   . RULE OF CONSTRUCTION RELATING TO THE CLEAN AIR ACT.

       Nothing in this Act (including any amendment made by this 
     Act) shall be construed to revise, amend, weaken or delay in 
     any way, the requirements or criteria under the Clean Air 
     Act.
                                                                    ____


                           Amendment No. 1669

       In section 621(9)(B), strike clause (xii) and renumber 
     accordingly.
                                                                    ____


                           Amendment No. 1670

       In section 621(9)(B), strike clause (xi) and renumber 
     accordingly.
                                                                    ____


                           Amendment No. 1671

       In section 621(9)(B), strike clause (x) and renumber 
     accordingly.
                                                                    ____


                           Amendment No. 1672

       In section 621(9)(B), strike clause (vi) and renumber 
     accordingly.
                                                                    ____


                           Amendment No. 1673

       In section 621(9)(B), strike clause (iii) and renumber 
     accordingly.
                                                                    ____

                           Amendment No. 1674

       In section 621(9)(B), strike clause (ii) and renumber 
     accordingly.
                                                                    ____


                           Amendment No. 1675

       On page 25, between lines 22 and 23, insert the following:
       ``(g) Exemption for Rule or Agency Action Relating to the 
     Safety of Blood Supply.--None of the provisions of this 
     subchapter or subchapter III shall apply to any rule or 
     agency action intended to ensure the safety, efficacy, or 
     availability of blood, blood products, or blood-derived 
     products.
                                                                    ____


                           Amendment No. 1676

       On page 96, insert between lines 20 and 21 the following 
     new section:

     SEC.   . RULE OF CONSTRUCTION RELATING TO THE SAFE DRINKING 
                   WATER ACT.

       Nothing in this Act (including any amendment made by this 
     Act) shall be construed to revise, amend, weaken, or delay in 
     any way, the requirements or criteria under title XIV of the 
     Public Health Service Act (42 U.S.C. 300f et seq.) (commonly 
     known as the ``Safe Drinking Water Act'').
                                                                    ____


                           Amendment No. 1677

       On page 96, insert between lines 20 and 21 the following 
     new section:

     SEC.   . RULE OF CONSTRUCTION RELATING TO THE COASTAL ZONE 
                   MANAGEMENT ACT OF 1972 AND THE OIL POLLUTION 
                   ACT OF 1990.

       Nothing in this Act (including any amendment made by this 
     Act) shall be construed to revise, amend, weaken, or delay in 
     any way, the requirements or criteria under the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1451 et seq.) and the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.).
                                                                    ____


                           Amendment No. 1678

       At the end of section 621, add the following:
       ``(xiv) a rule or other action taken in connection with the 
     safety of aviation.''
                                 ______


                 CRAIG (AND HELFIN) AMENDMENT NO. 1679

  (Ordered to lie on the table.)
  Mr. CRAIG (for himself and Mr. Heflin) submitted an amendment 
intended to be proposed by them to amendment No. 1487 proposed by Mr. 
Dole to the bill S. 343, supra; as follows:

  On page 96, between lines 20 and 21, insert the following:
  
[[Page S10062]]


     SEC.   . REGULATORY AGREEMENTS.

       (a) In General.--Subchapter II of chapter 5 of title 5, 
     United States Code, is amended by adding at the end of the 
     following:

     ``Sec. 557a. Regulatory agreements

       ``(a) Definition.--In this section, the term `regulatory 
     agreement' means an agreement entered into under this 
     section.
       ``(b) General Authority.--An agency that is authorized or 
     directed by law to issue a rule (with or without a hearing on 
     the record) that would govern an activity of any person, may, 
     prior to commencing a proceeding to issue such a rule or an 
     amendment to such a rule under the rulemaking procedure that 
     would otherwise apply under that law or this subchapter--
       ``(1) enter into a regulatory agreement with a person or 
     group of persons engaged in those activities; or
       ``(2) enter into separate regulatory agreements with 
     different persons or groups of persons engaged in the 
     activity if the agency determines that separate agreements 
     are appropriate in view of different circumstances that apply 
     to different persons or groups of persons.
       ``(c) Request for Negotiations.--Negotiations for a 
     regulatory agreement may be commenced--
       ``(1) at the instance of a person or group of persons 
     engaged in the activity to be regulated by the submission to 
     the agency by such a person or group of persons of a request 
     for negotiations, which may be accompanied by a proposed form 
     of regulatory agreement or by a general description of the 
     proposed terms of a regulatory agreement; or
       ``(2) at the instance of the agency by publication in the 
     Federal Register of a request to persons engaged in the 
     activity to participate in negotiations, which may be 
     accompanied by a proposed form of regulatory agreement or by 
     a general description of the proposed terms of a regulatory 
     agreement and which shall specify a closing date by which 
     such persons shall notify the agency of their willingness to 
     participate in negotiations.
       ``(d) Determination Whether To Proceed With Negotiations.--
       ``(1) In general.--Not later that 60 days after receiving a 
     request for negotiations under subsection (c)(1) or after the 
     closing date specified in a request for negotiations under 
     subsection (c)(2), an agency shall publish in the Federal 
     Register a determination whether to conduct negotiations for 
     a regulatory agreement, accompanied by a statement of reasons 
     for the determination.
       ``(2) Criteria.--An agency may determine not to conduct 
     negotiations for a regulatory agreement under this section--
       ``(A) if the agency finds that the number of persons that 
     have expressed willingness to participate in negotiations, as 
     a proportion of
      the number of persons whose activity would be governed by 
     the rule, is not sufficient to justify negotiation of a 
     regulatory agreement in addition to issuance of a rule 
     that would govern other persons engaged in the activity; 
     or
       ``(B) for any other reason, within the sole discretion of 
     the agency.
       ``(3) No judicial review.--A determination under paragraph 
     (1) shall not be subject to judicial review by any court.
       ``(d) Terms and Conditions.--A regulatory agreement shall 
     contain terms and conditions that--
       ``(1) in the judgment of the agency, accomplish a degree of 
     control, protection, and regulation of the activity to be 
     regulated that is equivalent to the degree that would be 
     accomplished under a rule issued under the rulemaking 
     procedure that would otherwise apply;
       ``(2) provide for the addition as parties to the regulatory 
     agreement, with or without a reopening of negotiations, of 
     persons that did not participate in the negotiations;
       ``(3) provide for renegotiation of the regulatory 
     agreement, at a stated date or from time to time, as 
     renegotiation may become appropriate in view of changed 
     circumstances or for any other reason; and
       ``(4) specify the provisions of law for the purposes of 
     which the regulatory agreement shall, or shall not, be 
     treated as a rule issued under section 553 or sections 556 
     and 557, as the case may be.
        ``(e) Enforcement.--A regulatory agreement shall provide 
     for injunctive relief and penalties for noncompliance that--
       ``(1) shall, in the judgment of the agency, adequately 
     deter parties from noncompliance; and
       ``(2) may be greater or lesser in severity than relief or 
     penalties authorized under the law under authority of which a 
     rule would have been issued.
       ``(f) Consideration of Comment by the General Public.--
       ``(1) Notice.--Before executing a regulatory agreement, an 
     agency shall publish a notice of the terms of the agreement 
     in the Federal Register and solicit comments on the 
     regulatory agreement for a period of not less than 60 days.
       ``(2) Decision.--Not later than 60 days after the close of 
     the comment period, an agency shall publish in the Federal 
     Register a decision that includes--
       ``(1) a response to all comments received; and
       ``(2) an explanation of the agency's decision to--
       ``(A) enter into the regulatory agreement as agreed on in 
     negotiations or as modified in response to public comment; or
       ``(B) decline to enter into the regulatory agreement.
       ``(h) Rulemaking.--After publication of a decision under 
     subsection (f)(2), an agency shall commence a rulemaking 
     proceeding to govern the activity of--
       ``(1) all persons engaged in the activity in question, if 
     the agency declined to enter into a regulatory agreement; or
       ``(2) if the agency entered into regulatory agreement with 
     fewer than all of the persons engaged in the activity in 
     question, all persons engaged in the activity that are not 
     party to the regulatory agreement.
       ``(i) Jurisdiction.--The United States district courts 
     shall have jurisdiction to enforce a regulatory agreement in 
     accordance with the terms of the regulatory agreement.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     5 of title 5, United States Code, is amended by inserting 
     after the item for section 557 the following:

``Sec. 557a. Regulatory agreements.''.
                                 ______


                   JOHNSTON AMENDMENTS NOS. 1680-1693

  (Ordered to lie on the table.)
  Mr. JOHNSTON submitted 14 amendments intended to be proposed by him 
to amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; 
as follows:

                           Amendment No. 1680

       On page 28 after line 23 insert ``and may place such rule 
     on the final schedule for the completion of review within the 
     first 3 years of the schedule if the rule was included on the 
     schedule under subsection (b)(1).
                                                                    ____


                           Amendment No. 1681

       On page 28 at the end of line 14 after the word ``rule'' 
     insert ``that had not been included on the schedule under 
     subsection (b)(1) by the head of the agency''.
                                                                    ____


                           Amendment No. 1682

       On page 79, strike lines 22 and 23 and insert: ``final 
     rule, if a joint resolution of disapproval is enacted under 
     section 802.''
                                                                    ____


                           Amendment No. 1683

       On page 31, line 23 strike out ``shall'' and insert 
     ``may''.
                                                                    ____


                           Amendment No. 1684

       On page 37, line 24 through page 38, line 5, strike out 
     subparagraph (B) and insert in lieu thereof the following new 
     subparagraph:
       ``(B) if scientific, technical, or economic uncertainties 
     preclude making the finding under subparagraph (A), or if a 
     more cost-effective approach to risk reduction is possible, 
     or if net benefits to health, safety, or the environment make 
     a more costly alternative that achieves the objectives of the 
     statute appropriate and in the public interest, promulgating 
     the rule is nevertheless justified for such reasons, stated 
     in writing in such finding.''
                                                                    ____


                           Amendment No. 1685

       On page 36, line 15 through 21, strike out subparagraph (B) 
     and insert in lieu thereof the following new subparagraph:
       ``(B) if scientific, technical, or economic uncertainties 
     preclude making the finding under subparagraph (A), or if a 
     more cost-effective approach to risk reduction is possible, 
     or if net benefits to health, safety, or the environment make 
     a more costly alternative that achieves the objectives of the 
     statute appropriate and in the public interest, promulgating 
     the rule is nevertheless justified for such reasons, stated 
     in writing in such finding.''
                                                                    ____

                           Amendment No. 1686

       On page 36, line 16 strike out the word 
     ``nonquantifiable''.
                                                                    ____


                           Amendment No. 1687

       On page 36, line 2 strike out the word ``nonquantifiable''.
                                                                    ____


                           Amendment No. 1688

       On page 37, line 10 strike out the word 
     ``nonquantifiable''.
                                                                    ____


                           Amendment No. 1689

       On page 37, line 25 strike out the word 
     ``nonquantifiable''.
                                                                    ____


                           Amendment No. 1690

       On page 96, starting at line 21, strike section 9 and 
     insert in lieu thereof the following new section:

     ``SEC. 9. EFFECTIVE DATES AND SEVERABILITY.

       ``(a) Except as otherwise provided, this Act and the 
     amendments made by this Act shall take effect on the date of 
     enactment.
       ``(b) Section 3 of this Act shall take effect on the date 
     that is 90 days after the date of enactment.
       ``(c)(1) Except as provided in paragraph (2), section 4 of 
     this Act shall take effect on the date that is 60 days after 
     the date of enactment.
       ``(2) For final major rule that is promulgated after the 
     effective date of section 4 but not later than 2 years after 
     the date of enactment of this Act, in lieu of preparing a 
     cost-benefit analysis under section 622 or a risk assessment 
     under section 633, an agency may use other appropriately 
     developed analyses that allow it to make the findings 
     required by section 624.
       ``(d) If any provision of this Act, an amendment made by 
     this Act, or the application of 

[[Page S10063]]
     such provision or amendment to any person or circumstance is held to be 
     unconstitutional, the remainder of this Act, the amendments 
     made by this Act, and the application of the provisions of 
     such to any person or circumstance shall not be affected 
     thereby.''
                                                                    ____


                           Amendment No. 1691

       On page 73, between lines 5 and 6, insert the following new 
     paragraph:
       ``(3) Conformance of Administrative Procedure Requirements 
     in the Department of Energy Organization Act with Section 553 
     of Title 5, As amended.--
       ``(A) Subsections (b) through (e) of section 501 of the 
     Department of Energy Organization Act (42 U.S.C. 7191 (b) 
     through (e)) are hereby repealed.
       ``(B) Subsections (f) and (g) of section 501 of the 
     Department of Energy Organization Act (42 U.S.C. 7191 (f) and 
     (g)) are hereby redesignated as subsections (b) and (c).''
                                                                    ____


                           Amendment No. 1692

       On page 41, line 22, before the comma insert the following: 
     ``and the Nuclear Regulatory Commission''.
                                                                    ____


                           Amendment No. 1693

       On page 22, between lines 17 and 18, insert the following 
     new subparagraph and redesignate the following subparagraph 
     accordingly:
       ``(D) a succinct comparison of the estimated costs of the 
     proposed major rule and the annual expenditure of national 
     economic resources reported for the regulatory program 
     issuing the major rule, as reported in the most recent report 
     issued pursuant to section 7(b)(4)(B)(i) of the Comprehensive 
     Regulatory Reform Act of 1995.''
                                 ______


                    SIMON AMENDMENTS NOS. 1694-1695

  (Ordered to lie on the table.)
  Mr. SIMON submitted two amendments intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:

                           Amendment No. 1694

       On page 71, strike out lines 13 through 23 and insert in 
     lieu thereof the following new subsection:
       (c) Sense of the Senate Regarding Reform of the Delaney 
     Clause.--It is the sense of the Senate that--
       (1) the Delaney Clause in the Federal Food, Drug, and 
     Cosmetic Act governing carcinogens in foods must be reformed;
       (2) any such reform of the Delaney Clause--
       (A) should reflect the case and deliberativeness due to a 
     subject as important as whether and to what extent infants 
     and children shall be exposed to carcinogens through the food 
     they consume; and
       (B) should not undermine other safety standards.
       (3) advances in science and technology since the Delaney 
     Clause was originally enacted in 1958 have prompted the need 
     to refine the standards in current law with respect to 
     pesticide residues, and may have limited the appropriateness 
     of such standards with respect to food additives and animal 
     drugs;
       (4) the Delaney Clause should be replaced by a contemporary 
     health-based standard that takes into account--
       (A) the right of the American people to safe food;
       (B) the conclusions of the National Academy of Sciences 
     concerning the special susceptibility of infants and children 
     to the effects of pesticide chemicals and the cumulative 
     effect of the residues of such pesticide chemicals on human 
     health;
       (C) the importance of a stable food supply and a sound 
     agricultural economy; and
       (D) the interests of consumers, farmers, food 
     manufacturers, and other interested parties; and
       (5) prior to the end of the first session of the 104th 
     Congress, after appropriate consideration by the committees 
     of jurisdiction, the Senate should enact legislation to 
     reform the Delaney Clause.
                                                                    ____

                           Amendment No. 1695

       On page 71, strike out lines 13 through 23.
                                 ______


             NUNN (AND COVERDELL) AMENDMENTS NOS. 1696-1700

  (Ordered to lie on the table.)
  Mr. NUNN (for himself and Mr. Coverdell) submitted five amendments 
intended to be proposed by them to amendment No. 1487 proposed by Mr. 
Dole to the bill S. 343, supra; as follows:

                           Amendment No. 1696

       On page 68, strike line 23 and all that follows through 
     page 71, line 13, and insert the following:
       ``(B) prepared an initial regulatory flexibility analysis 
     pursuant to section 603 or a final regulatory flexibility 
     analysis pursuant to section 604; or
       ``(C) did not prepare an initial regulatory flexibility 
     analysis pursuant to section 603 or a final regulatory 
     flexibility analysis pursuant to section 604 except as 
     permitted by sections 605 and 608,

      an affected small entity may petition for the judicial 
     review of such certification, analysis, or failure to prepare 
     such analysis, in accordance with this subsection. A court 
     having jurisdiction to review such rule for compliance with 
     section 553 or under any other provision of law shall have 
     jurisdiction over such petition, except that the United 
     States Court of Appeals for the District of Columbia Circuit 
     shall have exclusive jurisdiction to review such 
     certification, analysis, or failure to prepare such analysis 
     in connection with a general notice of proposed rulemaking.
       ``(2)(A) Notwithstanding any other provision of law, an 
     affected small entity shall, beginning on the date of 
     publication of the final rule, have 1 year after the 
     effective date of the final rule to challenge the 
     certification, analysis or failure to prepare an analysis 
     required by this subchapter with respect to any such final 
     rule.
       ``(B) If an agency delays the issuance of a final 
     regulatory flexibility analysis pursuant to section 608(b), a 
     petition for judicial review under this subsection may be 
     filed not later than 1 year after the date the analysis is 
     made available to the public.
       ``(C) Notwithstanding any other provision of law, an 
     affected small entity shall file a petition for review of a 
     certification, analysis, or failure to prepare an analysis 
     required by this subchapter in connection with a general 
     notice of proposed rulemaking not later than 90 days after 
     the publication of such general notice of proposed 
     rulemaking.
       ``(3) For purposes of this subsection, the term `affected 
     small entity' means a small entity that is or will be subject 
     to the provisions of, or otherwise required to comply with, 
     the final rule.
       ``(4) Nothing in this subsection shall be construed to 
     limit the authority of any court to stay the effective date 
     of any rule or provision thereof under any other provision of 
     law, or to grant any other relief in addition to the 
     requirements of this section.
       ``(5)(A) Notwithstanding section 605, if the court 
     determines, on the basis of the court's review of the 
     rulemaking record as a whole, that there is substantial 
     evidence that the rule would have a significant economic 
     impact on a substantial number of small entities, the court 
     shall order the agency to prepare an initial regulatory 
     flexibility analysis that satisfies the requirements of 
     section 603, or a final regulatory flexibility analysis that 
     satisfies the requirements of section 604.
       ``(B)(i) If the court determines, on the basis of the 
     court's review of the whole rulemaking record, that an 
     initial regulatory flexibility analysis prepared by an agency 
     does not satisfy the requirements of section 603, the court 
     shall order the agency to prepare an initial regulatory 
     flexibility analysis that satisfies the requirements of such 
     section.
       ``(ii) If the court determines, on the basis of the court's 
     review of the rulemaking record, that a final regulatory 
     flexibility analysis prepared by an agency does not satisfy 
     the requirements of section 604, the court shall order the 
     agency to prepare a final regulatory flexibility analysis 
     that satisfies the requirements of such section.
       ``(6) The court shall stay the rule and grant such other 
     relief as the court determines to be appropriate if, by the 
     end of the 90-day period beginning on the date of the order 
     of the court pursuant to paragraph (5), the agency fails, as 
     appropriate--
       ``(A) to prepare the analysis required by section 603 or 
     604; or
       ``(B) to take corrective action consistent with section 
     604.
       ``(b) In an action for the judicial review of a rule, any 
     regulatory flexibility analysis for such rule (including an 
     analysis prepared or corrected pursuant to subsection (a)(5)) 
     shall constitute part of the whole record of agency action in 
     connection with such review.
       ``(c) Except as otherwise required by the provisions of 
     this subchapter, the court shall apply the same standards of 
     judicial review that govern the review of agency findings 
     under the statute granting the agency authority to conduct 
     the rulemaking.''.
       (c) Certifications.--Section 605(b) of title 5, United 
     States Code, is amended to read as follows:
       ``(b) Sections 603 and 604 shall not apply to any proposed 
     or final rule if the head of the agency certifies that the 
     rule will not, if promulgated, have a significant economic 
     impact on a substantial number of small entities. If the head 
     of the agency makes a certification under the preceding 
     sentence, the agency shall publish such certification in the 
     Federal Register at the time of publication of the general 
     notice of proposed rulemaking for the rule or at the time of 
     publication of the final rule, as appropriate, and a succinct 
     statement providing the factual basis for such certification, 
     and shall provide such certification and statement to the 
     Chief Counsel for Advocacy of the Small Business 
     Administration.''.
                                                                    ____

                           Amendment No. 1697

       On page 39, amend section (e)(1), as notified by amendment 
     No. 1491, to read as follows:
       ``(e) Interlocutory Review.--(1) The United States Court of 
     Appeals for the District of Columbia Circuit shall have 
     jurisdiction in review--
       ``(A) an agency determination that a rule is not a major 
     rule pursuant to section 622(a); and
       ``(B) an agency determination that a risk assessment is not 
     required pursuant to section 632(a).
                                                                    ____


                           Amendment No. 1698

       On page 14, amend subparagraph (C), as added by the 
     amendment No. 1491, to read as follows:

[[Page S10064]]

       ``(C) solely for purposes of subchapter II, any rule or set 
     of closely related rules, not determined to be a major rule 
     pursuant to subparagraph (A) or (B), that the agency 
     proposing the rule determines will have a significant 
     economic impact on a substantial number of small businesses, 
     pursuant to subchapter I;
                                                                    ____


                           Amendment No. 1699

       On page 39, amend section (e)(1), as modified by the 
     amendment No. 1491, is deemed to be as follows:
       (e) Interlocutory Review.--(1) the United States Court of 
     Appeals for the District of Columbia Circuit shall have 
     jurisdiction to review--
       ``(A) an agency determination that a rule is not a major 
     rule pursuant to section 622(a); and
       ``(B) an agency determination that a risk assessment is not 
     required pursuant to section 632(a).
                                                                    ____


                           Amendment No. 1700

       On page 14, amend subparagraph (C), as added by the 
     amendment No. 1491, is deemed to be as follows:
       ``(C) solely for purposes of subchapter II, any rule or set 
     of closely related rules, not determined to be a major rule 
     pursuant to subparagraph (A) or (B), that the agency 
     proposing the rule determines will have a significant 
     economic impact on a substantial number of small businesses, 
     pursuant to subchapter I;
                                 ______


                      JOHNSTON AMENDMENT NO. 1701

  (Ordered to lie on the table.)
  Mr. JOHNSTON submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:
       At the end of subchapter III add the following new section:

     ``Sec. 637. Research and training in risk assessment

       ``(a) The head of each covered agency in section 635 shall 
     regularly and systematically evaluate risk assessment 
     research and training needs of the agency, including, where 
     relevant and appropriate, the following:
       ``(1) Research to reduce generic data gaps, to address 
     modelling needs (including improved model sensitivity), and 
     to validate default options, particularly those common to 
     multiple risk assessments.
       ``(2) Research leading to improvement of methods to 
     quantify and communicate uncertainty and variability among 
     individuals, species, populations, and, in the case of 
     ecological risk assessment, ecological communities.
       ``(3) Emerging and future areas of research, including 
     research on comparative risk analysis, exposure to multiple 
     chemicals and other stressors, noncancer endpoints, 
     biological markers of exposure and effect, mechanisms of 
     action in both mammalian and nonmamalian species, dynamics 
     and probabilities of physiological and ecosystem exposures, 
     and prediction of ecosystem-level responses.
       ``(4) Long-term needs to adequately train individuals in 
     risk assessment and risk assessment application. Evaluations 
     under this paragraph shall include an estimate of the 
     resources needed to provide necessary training.
       ``(b) The head of each covered agency in section 635 shall 
     develop a strategy and schedule for carrying out research and 
     training to meet the needs identified in subsection (a).
                                 ______


                    LEVIN AMENDMENTS NOS. 1702-1707

  (Ordered to lie on the table.)
  Mr. LEVIN submitted six amendments intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, as follows:

                           Amendment No. 1702

       On page 78, line 17, strike ``60'' and insert ``45''.
       On page 80, line 23, strike ``60'' and insert ``45''.
                                                                    ____


                           Amendment No. 1703

       On page 40, line 8, strike everything through page 41, line 
     12, and insert the following:

     SECTION 626. DEADLINES FOR RULEMAKING.

       ``(a) All deadlines in statutes that require agencies to 
     propose or promulgate any rule subject to section 622 or 
     subchapter III during the 2-year period beginning on the 
     effective date of this section shall be suspended until the 
     earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 6 months after the date of the 
     applicable deadline.
       ``(b) All deadlines imposed by any court of the United 
     States that would require an agency to propose or promulgate 
     a rule subject to section 622 or subchapter III during the 2-
     year period beginning on the effective date of this section 
     shall be suspended until the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 6 months after the date of the 
     applicable deadline.
       ``(c) In any case in which the failure to promulgate a rule 
     by a deadline occurring during the 2-year period beginning on 
     the effective date of this section would create an obligation 
     to regulate through individual adjudications, the deadline 
     shall be suspended until the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 6 months after the date of the 
     applicable deadline.
                                                                    ____


                           Amendment No. 1704

       On page 22, line 19, after ``scientific evaluations,'' 
     insert ``cost estimates,''
       On page 22, line 24, after ``scientific evaluation,'' 
     insert ``cost estimate,''.
                                                                    ____

                           Amendment No. 1705

       On page 3, line 2, strike ``or''.
       On page 3, line 7, strike the period and insert the 
     following: ``; or
       ``(5) a rule relating to government loans, grants or 
     benefits.''
                                                                    ____


                           Amendment No. 1706

       On page 23, line 11, insert between ``and of'' and ``the'' 
     the following: ``a reasonable number of''.
                                                                    ____


                           Amendment No. 1707

       On page 21, line 25, insert between ``of'' and 
     ``reasonable'' the following: ``a reasonable number of''.
                                 ______


                       BIDEN AMENDMENTS 1708-1710

  (Ordered to lie on the table.)
  Mr. BIDEN submitted three amendments intended to be proposed by him 
to amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; 
as follows:
                           Amendment No. 1708

       On page 19, line 7, strike the period and insert the 
     following: ``; or (xiii) a rule intended to protect the blood 
     supply of the United States from communicable diseases or 
     other threats to public health.''
                                                                    ____


                           Amendment No. 1709

       On page 49, line 12, after ``into,'' insert: ``or removal 
     from''.
                                                                    ____


                           Amendment No. 1710

       On page 16, line 16, after ``into,'' insert: ``or removal 
     from''.
                                 ______


                   DASCHLE AMENDMENTS NOS. 1711-1712

  (Ordered to lie on the table.)
  Mr. DASCHLE submitted two amendments intended to be proposed by him 
to amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; 
as follows:
                           Amendment No. 1711

       On page 50, add after line 2 the following new paragraph:
       ``(F) a rule or agency action intended to enhance fish and 
     seafood safety through the use of Hazard Analysis Critical 
     Control Point principles, including the rulemaking proposed 
     by the Food and Drug Administration (Department of Health and 
     Human Services) in the Federal Register on January 28, 
     1994.''
                                                                    ____


                           Amendment No. 1712

       On page 25, add after line 22 the following new provision:
       ``(3) None of the provisions of this subchapter shall apply 
     to any rule or agency action intended to enhance fish and 
     seafood safety through the use of Hazard Analysis Critical 
     Control Point principles, including the rulemaking proposed 
     by the Food and Drug Administration (Department of Health and 
     Human Services) in the Federal Register on January 28, 
     1994.''
                                 ______


                      ASHCROFT AMENDMENT NO. 1713

  (Ordered to lie on the table.)
  Mr. ASHCROFT submitted an amendment intended to be proposed by him to 
amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; as 
follows:

       At the end, add the following new title:

               ``TITLE II--URBAN REGULATORY RELIEF ZONES

     SECTION 201. SHORT TITLE.

       This Act may be cited as the ``Urban Regulatory Relief Zone 
     Act of 1995''.

     SEC. 202. FINDINGS.

       The Congress finds that--
       (1) the likelihood that a proposed business site will 
     comply with regulations is inversely related to the length of 
     time over which a site has been utilized for commercial and/
     or industrial purposes, thus rendering older sites in urban 
     areas most unlikely to be chosen for new development and 
     thereby forcing new development away from the most needy 
     areas; and
       (2) broad Federal regulations often have unintended social 
     and economic consequences in urban areas where such 
     regulations, among other things--
       (A) offend basic notions of common sense, particularly when 
     applied to individual sites;
       (B) adversely impact economic stability;
       (C) result in the unnecessary loss of existing jobs and 
     businesses;
       (D) undermine new economic development, especially in 
     previously used sites;
       (E) create undue economic hardships while failing 
     significantly to protect human 

[[Page S10065]]
     health, particularly in areas where economic development is urgently 
     needed in order to improve the health and welfare of 
     residents over the long term; and
       (F) contribute to social deterioration to such a degree 
     that high unemployment, crime, and other economic and social 
     problems create the greatest risk to the health and well-
     being of urban residents.

     SEC. 203. PURPOSES.

       The purposes of this tile are to--
       (1) empower qualifying cities to obtain selective relief 
     from Federal regulations that undermine economic stability 
     and development in distressed areas within the city; and
       (2) authorize Federal agencies to waive the application of 
     specific Federal regulations in distressed urban areas--
       (A) upon application through the Office of Management and 
     Budget by an Economic Development Commission established by a 
     qualifying city pursuant to section 205; and
       (B) upon a determination by the appropriate Federal agency 
     that granting such a waiver will not substantially endanger 
     health or safety.

     SEC. 204. ELIGIBILITY FOR WAIVERS

       (a) Eligible Cities.--The mayor or chief executive officer 
     of a city may establish an Economic Development Commission to 
     carry out the purposes of section 205 if--
       (1) the city has a population greater than 200,000 
     according to the U.S. Census Bureau's latest estimates for 
     city populations.
       (b) Distressed Areas.--Any census tract within a city shall 
     qualify as a distressed area if--
       (1) 33 percent or more of the resident population in the 
     census tract is below the poverty line; or
       (2) 45 percent or more of out-of-school males aged 16 and 
     over in the census tract worked less than 26 weeks in the 
     preceding year; or
       (3) 36 percent or more families with children under age 18 
     in the census tract have an unmarried female as head of the 
     household; or
       (4) 17 percent or more of the resident families in the 
     census tract received public assistance income in the 
     preceding year.
     SEC. 205. ECONOMIC DEVELOPMENT COMMISSIONS.

       (a) Purpose.--The mayor or chief executive officer of a 
     qualifying city under section 204 may appoint an Economic 
     Development Commission for the purpose of--
       (1) designating distressed areas, or a combination of 
     distressed areas with one another or with adjacent industrial 
     or commercial areas, within the city as Urban Regulatory 
     Relief Zones; and
       (2) making application through the Office of Management and 
     Budget to waive the application of specific Federal 
     regulations within such Urban Regulatory Relief Zones.
       (b) Composition.--to the greatest extent practicable, an 
     Economic Development Commission shall include--
       (1) residents representing a demographic cross section of 
     the city population; and
       (2) members of the business community, private civic 
     organizations, employers, employees, elected officials, and 
     State and local regulatory authorities.
       (c) Limitation.--No more than one Economic Development 
     Commission shall be established or designated within a 
     qualifying city.

     SEC. 206. LOCAL PARTICIPATION

       (a) Public Hearings.--Before designating an area as an 
     Urban Regulatory Relief Zone, an Economic Development 
     Commission established pursuant to section 205 shall hold a 
     public hearing, after giving adequate public notice, for the 
     purpose of soliciting the opinions and suggestions of those 
     persons who will be affected by such designation.
       (b) Individual Requests.--The Economic Development 
     Commission shall establish a process by which individuals may 
     submit requests to the Economic Development Commission to 
     include specific Federal regulations in the Commission's 
     application to the Office of Management and Budget seeking 
     waivers of Federal regulations.
       (c) Availability of Commission Decisions.--After holding a 
     hearing under paragraph (a) and before submitting any waiver 
     applications to the Office of Management and Budget pursuant 
     to section 207, the Economic Development Commission shall 
     make publicly available--
       (1) a list of all areas within the city to be designated as 
     Urban Regulatory Relief Zones, if any;
       (2) a list of all regulations for which the Economic 
     Development Commission will request a waiver from a Federal 
     agency; and
       (3) an explanation of the reasons that the waiver of a 
     regulation would economically benefit the city and the data 
     supporting such a determination.

     SEC. 207. WAIVER OF FEDERAL REGULATIONS.

       (a) Selection of Regulations.--An Economic Development 
     Commission may select for waiver, within an Urban Regulatory 
     Relief Zone, Federal regulations that--
       (1)(A) are unduly burdensome to business concerns located 
     within an area designated as an Urban Regulatory Relief Zone; 
     or
       (B) discourages new economic development within the zone: 
     or
       (C) creates undue economic hardships in the zone; or
       (D) contributes to the social deterioration of the zone; 
     and
       (2) if waived, will not substantially endanger health or 
     safety.
       (b) Request for Waiver.--(1) An Economic Development 
     Commission shall submit a request for the waiver of Federal 
     regulations to the Office of Management and Budget.
       (2) Such request shall--
       (A) identify the area designated as an Urban Regulatory 
     Relief Zone by the Economic Development Commission;
       (B) identify all regulations for which the Economic 
     Development Commission seeks a waiver; and
       (C) explain the reasons that waiver of the regulations 
     would economically benefit the Urban Regulatory Relief Zone 
     and the data supporting such determination.
       (c) Review of Waiver Request.--No later than 60 days after 
     receiving the request for waiver, the Office of Management 
     and Budget shall--
       (1) review the request for waiver;
       (2) determine whether the request for waiver is complete 
     and in compliance with this title, using the most recent 
     census data available at the time each application is 
     submitted; and
       (3) after making a determination under paragraph (2)--
       (A) submit the request for waiver to the Federal agency 
     that promulgated the regulation and notify the requesting 
     Economic Development Commission of the date on which the 
     request was submitted to such agency; or
       (B) notify the requesting Economic Development Commission 
     that the request is not in compliance with this Act with an 
     explanation of the basis for such determination.
       (d) Modification of Waiver Requests.--An Economic 
     Development Commission may submit modifications to a waiver 
     request. The provisions of subsection (c) shall apply to a 
     modified waiver as of the date such modification is received 
     by the Office of Management and Budget.
       (e) Waiver Determination.--No later than 60 days after 
     receiving a request for waiver under subsection (c) from the 
     Office of Management and Budget, a Federal agency shall--
       (A) make a determination of whether to waive a regulation 
     in whole or in part; and
       (B) provide written notice to the requesting Economic 
     Development Commission of such determination.
       (2) Subject to subsection (g), a Federal agency shall deny 
     a request for a waiver only if the waiver substantially 
     endangers health or safety.
       (3) If a Federal agency grants a waiver under this 
     subsection, the agency shall provide a written statement to 
     the requesting Economic Development Commission that--
       (A) describes the extent of the wavier in whole or in part; 
     and
       (B) explains the application of the waiver, including 
     guidance for the use of the waiver by business concerns, 
     within the Urban Regulatory Relief Zone.
       (4) If a Federal agency denies a waiver under this 
     subsection, the agency shall provide a written statement to 
     the requesting Economic Development Commission that--
       (A) explains the reasons that the waiver substantially 
     endangers health or safety; and
       (B) provides a scientific basis in writing for such 
     determination.
       (f) Automatic Waiver.--If a Federal agency does not provide 
     the written notice required under subsection (e) within the 
     120-day period as required under such subsection, the waiver 
     shall be deemed to be granted by the Federal agency.
       (g) Limitation.--No provision of this Act shall be 
     construed to authorize any Federal agency to waive any 
     regulation or Executive order that prohibits, or the purpose 
     of which is to protect persons against, discrimination on the 
     basis of race, color, religion, gender, or national origin.
       (h) Applicable Procedures.--A waiver of a regulation under 
     subsection (e) shall not be considered to be a rule, 
     rulemaking, or regulation under chapter 5 of title 5, United 
     States Code. The Federal agency shall publish a notice in the 
     Federal Register stating any waiver of a regulation under 
     this section.
       (i) Effect of Subsequent Amendment of Regulations.--If a 
     Federal agency amends a regulation for which a waiver under 
     this section is in effect, the agency shall not change the 
     waiver to impose additional requirements.
       (j) Expiration of Waivers.--No waiver of a regulation under 
     this section shall expire unless the Federal agency 
     determines that a continuation of the waiver substantially 
     endangers health or safety.

     SEC. 208. DEFINITIONS.

       For purposes of this Act, the term--
       (1) ``regulation'' means--
       (A) any rule as defined under section 551(4) of title 5, 
     United States Code; or
       (B) any rulemaking conducted on the record after 
     opportunity for an agency hearing under sections 556 and 557 
     of such title;
       (2) ``Urban Regulatory Relief Zone'' means an area 
     designated under section 205;
       (3) ``qualifying city'' means a city which is eligible to 
     establish an Economic Development Commission under section 
     204;
       (4) ``industrial or commercial area'' means any part of a 
     census tract zoned for industrial or commercial use which is 
     adjacent to a census tract which is a distressed area 
     pursuant to section 205(b); and
       (5) ``poverty line'' has the same meaning as such term is 
     defined under section 673(2) of the Community Services Block 
     Grant Act (42 U.S.C. 9902(2)).''.
                                 ______


                   MOYNIHAN AMENDMENTS NOS. 1714-1718

  (Ordered to lie on the table.)
  
[[Page S10066]]

  Mr. MOYNIHAN submitted five amendments intended to be proposed by him 
to amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; 
as follows:

                           Amendment No. 1714

       On page 2, strike lines 15 through 25; on page 3, strike 
     lines 1 through 7 and insert in lieu thereof, the following:
       ``(a) Applicability.--This section applies to every 
     rulemaking according to the provisions thereof, except to the 
     extent that there is involved--
       ``(1) a matter pertaining to an auxiliary or foreign 
     affairs function of the United States;
       ``(2) a matter relating to the management or personnel 
     practices of an agency;
       ``(3) an interpretative rule, general statement of policy, 
     guidance, or rule of an agency, organization, procedure, or 
     practice unless such rule, statement, or guidance has general 
     applicability and substantially alters or * * * rights or 
     obligations of persons outside the agency;'' strike ``or;
       ``(4) a rule relating to the acquisition, arrangements, or 
     disposal by an agency of real or personal property, or of 
     services; these are promulgated in compliance with otherwise 
     applicable criteria and procedures; or
       ``(5) an interpretative rule involving the internal revenue 
     laws of the United States other than an interpretative 
     regulation.''
                                                                    ____


                           Amendment No. 1715

       On page 12, line 9: after ``petition'', insert ``(other 
     than a petition relating to a rule described in section 
     621(9)(B)(i))''.
                                                                    ____


                           Amendment No. 1716

       On page 68, line 18: insert ``(other than a rule described 
     in section 621(9)(B)(i))'' after ``rule''.
                                                                    ____


                           Amendment No. 1717

       On page 9, line 5: insert ``Nothing in this section shall 
     be interpreted to limit the application of 26 U.S.C. 7805.''
                                                                    ____


                           Amendment No. 1718

       On page 13, line 4: insert ``(or as otherwise provided)'' 
     after ``subchapter''.
       On page 16, line 8: insert ``for purposes of this chapter'' 
     after ``(i)''.
                                 ______


                   PACKWOOD AMENDMENTS NOS. 1719-1723

  (Ordered to lie on the table.)
  Mr. Packwood submitted five amendments intended to be proposed by him 
to amendment No. 1487 proposed by Mr. Dole to the bill S. 343, supra; 
as follows:

                           Amemdment No. 1719

       [Amendment No. 1719 was not reproducible for the Record. It 
     will appear in a subsequent issue.]
                                                                    ____


                           Amendment No. 1720

       On page 13, line 4: insert ``(or as otherwise provided)'' 
     after ``subchapter''.
       On page 16, line 8 insert ``for purposes of this chapter'' 
     after ``(i)''.
                                                                    ____


                           Amendment No. 1721

       On page 9, line 5, insert ``Nothing in this section shall 
     be interpreted to limit the application of 26 U.S.C. 7805.''
                                                                    ____


                           Amendment No. 1722

       On page 68, line 18, insert ``(other than a rule described 
     in section 621(9)(B)(i))'' after ``rule.''
                                                                    ____


                           amendment No. 1723

       On page 12, line 9: after ``petition'', insert: ``(other 
     than a petition relating to a rule described in section 
     621(9)(B)(i))''.
                                 ______


               GLENN (AND LEVIN) AMENDMENTS NO. 1724-1725

  (Ordered to lie on the table.)
  Mr. GLENN (for himself and Mr. Levin) submitted two amendments 
intended to be proposed by them to amendment No. 1487 proposed by Mr. 
Dole to the bill S. 343, supra; as follows:

                           Amendment No. 1724

       On page 57, at the end of paragraph (1), insert:
       ``The requirements of this subsection shall not apply to a 
     specific rulemaking where the head of an agency has published 
     a determination, with the concurrence of the Administrator of 
     the Office of Information and Regulatory Affairs, and 
     notified the congress, that the agency is unable to comply 
     fully with the peer review requirements of this subsection 
     and that the rulemaking process followed by that agency 
     provides sufficient opportunity for scientific or technical 
     review of risk assessments required by this subchapter.''
                                                                    ____


                           Amendment No. 1725

       On page 21, line 25, insert between ``of'' and 
     ``reasonable'' the following: ``a reasonable number of''.
       On page 23, line 11, insert between ``and of'' and ``the'' 
     the following: ``a reasonable number of''.
     

                          ____________________