[Congressional Record Volume 141, Number 115 (Monday, July 17, 1995)]
[House]
[Pages H7068-H7071]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                               AMENDMENTS

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

                               H.R. 1976

                         Offered By: Mr. Allard

       Amendment No. 30: Page 2, line 11, strike ``$10,227,000, of 
     which $7,500,000'' and insert ``$9,204,300, of which 
     $6,750,000''.
       Page 3, line 3, strike ``$3,748,000'' and insert 
     ``$3,373,200''.
       Page 3, line 15, strike ``$5,899,000'' and insert 
     ``$5.309,100''.
       Page 3, line 21, strike ``$4,133,000'' and insert 
     ``$3,719,700''.
       Page 4, line 19, strike ``$596,000'' and insert 
     ``$536,400''.
       Page 5, line 23, strike ``$800,000'' and insert 
     ``$720,000''.
       Page 7, line 19, strike ``$3,797,000'' and insert 
     ``$3,607,150''.
       Page 8, line 3, strike ``$8,198,000'' and insert 
     ``$7,378,200''.
       Page 9, line 3, strike ``$27,860,000'' and insert 
     ``$26,467,000''.
       Page 9, line 12, strike ``$520,000'' and insert 
     ``$468,000''.
       Page 9, line 17, strike ``$53,131,000'' and insert 
     ``$50,474,450''.
       Page 10, line 3, strike ``$81,107,000'' and insert 
     ``$77,051,650''.

                               H.R. 1976

                        Offered By: Mr. Bereuter

       Amendment No. 31: Page 40, after line 25, insert the 
     following:
       In addition, for the cost (as defined in section 502 of the 
     Congressional Budget Act of 1974) of guaranteed loans under a 
     demonstration program of loan guarantees for multifamily 
     rental housing in rural areas, $1,000,000, to be derived from 
     the amount made available under this heading for the cost of 
     low-income section 515 loans and to become available for 
     obligation only upon the enactment of authorizing 
     legislation.
                               H.R. 1976

                         Offered By: Mr. Cardin

       Amendment No. 32: Page 71, after line 2, insert the 
     following new section:
       ``Sec. 726. None of the funds made available in this Act 
     may be used by the Food and Drug Administration to carry out 
     the consolidation of its field laboratories, other than the 
     renovation of the National Center for Toxicological 
     Research.''.

                               H.R. 1976

                        Offered By: Mrs. Clayton

       Amendment No. 33: Page 40, line 10, insert ``(less 
     $50,000,000)'' before ``for loans''.
       Page 40, line 11, insert ``(less $50,000,000)'' before 
     ``shall''.
       Page 40, line 20, insert ``(less $85,000)'' before ``, of 
     which''.
       Page 40, line 20, insert ``(less $85,000)'' before ``shall 
     be for''.
       Page 45, line 10, strike ``$6,437,000'' and insert 
     ``$7,080,700''.
       Page 45, line 19, strike ``$500,000,000'' and insert 
     ``$550,000,000''.

                               H.R. 1976

                        Offered By: Mrs. Clayton

       Amendment No. 34: Page 40, line 10, insert ``(less 
     $70,000,000)'' before ``for loans''.
       Page 40, line 11, insert ``(less $70,000,000)'' before 
     ``shall''.
       Page 40, line 14, strike ``$150,000,000'' and insert 
     ``$220,000,000''.
       Page 40, line 20, insert ``(less $119,000)'' before ``, of 
     which''.
       Page 40, line 20, insert ``(less $119,000)'' before ``shall 
     be for''.
       Page 40, line 23, strike ``$82,035,000)'' and insert 
     ``$92,973,000''.
                               H.R. 1976

                        Offered By: Mrs. Clayton

       Amendment No. 35: Page 40, line 11, insert ``(less 
     $300,000,000) before ``shall''.
       Page 40, line 20, insert ``(plus $62,460,000)'' before ``, 
     of which''.
       Page 40, line 20, insert ``(less $510,000)'' before ``shall 
     be for''.

                               H.R. 1976

                         Offered By: Mr. Condit

       Amendment No. 36: Page 3, line 3, strike ``$3,748,000'' and 
     insert ``$4,240,000''.
       Page 25, line 20, strike ``$805,888,000'' and insert 
     ``$805,396,000''.

                               H.R. 1976

                         Offered By: Mr. Condit

       Amendment No. 37: Page 3, line 3, strike ``$3,748,000'' and 
     insert ``$4,240,000''.
       Page 31, line 19, strike ``$629,986,000'' and insert 
     ``$629,494,000''.

                               H.R. 1976

                         Offered By: Mr. Condit

       Amendment No. 38: Page 3, line 3, strike ``$3,748,000'' and 
     insert ``$4,240,000''.
       Page 44, line 4, strike ``$1,000,000'' and insert 
     ``$508,000''.

                               H.R. 1976

                         Offered By: Mr. Condit

       Amendment No. 39: Page 3, line 3, strike ``$3,748,000'' and 
     insert ``$4,240,000''.
       Page 3, line 21, strike ``$4,133,000'' and insert 
     ``$3,641,000''.
                               H.R. 1976

                        Offered By: Mr. McIntosh

       Amendment No. 40: At page 71 of the bill, after line 2, 
     insert after the last section the following new section:
       Sec. 726. None of the funds made available in this Act may 
     be used to prevent the dissemination of reprints of articles 
     when it is made known to the Federal official having 
     authority to obligate or expend such funds that the articles 
     have been published in peer-reviewed scientific publications 
     or other generally recognized scientific materials, including 
     articles discussing cost-effectiveness claims.

                               H.R. 1976

                        Offered By: Mr. McIntosh

       Amendment No. 41: At page 71 of the bill, after line 2, 
     insert after the last section the following new section:
       Sec. 726. None of the funds made available in this Act 
     shall be used to increase, from the fiscal year 1995 level, 
     the level of Full time Equivalency Positions (whether through 
     new hires or by transferring full time equivalents from other 
     offices) in any of the following Food & Drug Administration 
     offices: Office of the Commissioner, Office of Policy, Office 
     of External Affairs (Immediate Office, as well as Office of 
     Health Affairs, Office of Legislative Affairs, Office of 
     Consumer Affairs, and Office of Public Affairs), and the 
     Office of Management & Systems (Immediate Office, as well as 
     Office of Planning and Evaluation and Office of Management).

                               H.R. 1976

                  Offered By: Mr. Miller of California

       Amendment No. 42: Page 13, line 24, strike ``$31,485,000'' 
     and insert in lieu thereof ``$15,050,000''.
       Page 14, line 20, strike ``$389,372,000'' and insert 
     ``$372,937,000''.
       Page 53, line 17, strike ``3,729,807,000'' and insert in 
     lieu thereof ``$3,746,242,000''.

                               H.R. 1976

                        Offered By: Mr. Sanford

       Amendment No. 43: Page 5, line 17, strike ``$25,587,000'' 
     and insert ``$9,000,000''.
                               H.R. 1976

                        Offered By: Mr. Sanford

       Amendment No. 44: Page 5, line 18, after the semi-colon, 
     insert the following new language: ``provided that no funds 
     may be expended for the Department's Strategic Space Plan;''.

                               H.R. 1976

                        Offered By: Mr. Sanford

       Amendment No. 45: Page 26, strike lines 7 through 10.

                               H.R. 1976

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 46: Page 40, line 16, before the period 
     insert the following:


[[Page H 7069]]

     ``: Provided, That, notwithstanding section 520 of the 
     Housing Act of 1949, the Secretary of Agriculture may make 
     loans under section 502 of such Act for properties in the 
     Pine View West Subdivision, located in Gibsonville, North 
     Carolina, in the same manger as provided under such section 
     for properties in rural areas''.

                               H.R. 1977

                        Offered By: Mr. Sanders

       Amendment No. 73: Page 55, line 5, strike ``$384,504,000'' 
     and insert ``$334,504,000''.
       Page 56, line 3, strike ``$552,871,000'' and insert 
     ``602,871,000''.
       Page 56, line 10, strike ``$133,946,000'' and insert 
     ``$183,946,000''.
       Page 56, line 17, strike ``$107,446,000'' and insert 
     ``$157,446,000''.

                               H.R. 2002

                         Offered By: Mr. DeLay

       Amendment No. 1: Page 15, line 8, strike $1,600,000,000'' 
     and insert ``$1,700,000,000''.
       Page 26, line 4, insert before the final period the 
     following:

     : Provided further, That each dollar amount otherwise 
     specified under this heading is hereby reduced by 
     $100,000,000, and such reductions shall be made by the 
     Secretary of Transportation solely from the amounts 
     apportioned to urbanized areas with populations of more than 
     1,000,000
                               H.R. 2002

                       Offered By: Mr. Richardson

       Amendment No. 2. Page 12, line 7, strike ``$4,600,000,000'' 
     and insert ``$4,591,250,000''.

                               H.R. 2020

                         Offered By: Mr. Crapo

       Amendment No. 1. At the end add the following new title:

                  TITLE VI--DEFICIT REDUCTION LOCK-BOX


                      deficit reduction trust fund

    deficit reduction lock-box provisions of appropriation measures

       Sec. 701. (a) Deficit Reduction Lock-box Provisions.--Title 
     III of the Congressional Budget Act of 1974 is amended by 
     adding at the end the following new section:


     ``deficit reduction lock-box provisions of appropriation bills

       ``Sec. 314. (a) Any appropriation bill that is being marked 
     up by the Committee on appropriations (or a subcommittee 
     thereof) of either House shall contain a line item entitled 
     `Deficit Reduction Lock-box'.
       ``(b) Whenever the Committee on Appropriations of either 
     House reports an appropriation bill, that bill shall contain 
     a line item entitled `Deficit Reduction Account' comprised of 
     the following:
       ``(1) Only in the case of any general appropriations for 
     Treasury and Postal Service (or resolution making continuing 
     appropriations (if applicable)), an amount equal to the 
     amounts by which the discretionary sending limit for new 
     budget authority and outlays set forth in the most recent OMB 
     sequestration preview report pursuant to section 601(a)(2) 
     exceed the section 602(a) allocation for the fiscal year 
     covered by that bill.
       ``(2) Only in the case of any general appropriation bill 
     (or resolution making continuing appropriations (if 
     applicable)), an amount not to exceed the amount by which the 
     appropriate section 602(b) allocation of new budget authority 
     exceeds the amount of new budget authority provided by that 
     bill (as reported by that committee), but not less than the 
     sum of reductions in budget authority resulting from adoption 
     of amendments in the committee which were designated for 
     deficit reduction.
       ``(3) Only in the case of any bill making supplemental 
     appropriations following enactment of all general 
     appropriations bills for the same fiscal year, an amount not 
     to exceed the amount by which the section 602(a) allocation 
     of new budget authority exceeds the sum of all new budget 
     authority provided by appropriations bills enacted for that 
     fiscal year
      plus that supplemental appropriation bill (as reported by 
     that committee).
       ``(c) It shall not be in order for the Committee on Rules 
     of the House of Representatives to report a resolution that 
     restricts the offering of amendments to any appropriation 
     bill adjusting the level of budget authority contained in a 
     Deficit Reduction Account.
       ``(d) Whenever a Member of either House of Congress offers 
     an amendment (whether in subcommittee, committee, or on the 
     floor) to an appropriation bill to reduce spending, that 
     reduction shall be placed in the deficit reduction lock-box 
     unless that Member indicates that it is to be utilized for 
     another program, project, or activity covered by that bill. 
     If the amendment is agreed to and the reduction was placed in 
     the deficit reduction lock-box, then the line item entitled 
     `Deficit Reduction Lock-box' shall be increased by the amount 
     of that reduction. Any amendment pursuant to this subsection 
     shall be in order even if amendment portions of the bill are 
     not read for amendment with respect to the Deficit Reduction 
     Lock-box.
       ``(e) It shall not be in order in the House of 
     Representatives or the Senate to consider a conference report 
     or amendment of the Senate that modifies any Deficit 
     Reduction Lock-box provisions that is beyond the scope of 
     that provision as so committed to the conference committee.
       ``(f) It shall not be in order to offer an amendment 
     increasing the Deficit Reduction Lock-box Account unless the 
     amendment increases rescissions or reduces appropriations by 
     an equivalent or larger amount, except that it shall be in 
     order to offer an amendment increasing the amount in the 
     Deficit Reduction Lock-box by the amount that the appropriate 
     602(b) allocation of new budget authority exceeds the amount 
     of new budget authority provided by that bill.
       ``(g) It shall not be in order for the Committee on Rules 
     of the House of Representatives to report a resolution which 
     waives subsection (c).''.
       (b) Conforming Amendment.--The table of contents set forth 
     in section 1(b) of the Congressional Budget and Impoundment 
     Control Act of 1974 is amended by inserting after the item 
     relating to section 313 the following new item:

``Sec. 314. Deficit reduction lock-box provisions of appropriation 
              measures.''.
                       changes in suballocations

       Sec. 702. (a) Downward Adjustments.--The discretionary 
     spending limit for new budget authority for any fiscal year 
     set forth in section 601(a)(2) of the Congressional Budget 
     Act of 1974, as adjusted in strict conformance with section 
     251 of the Balanced Budget and Emergency Deficit Control Act 
     of 1985, shall be reduced by the amount of budget authority 
     transferred to the Deficit Reduction Lock-box for that fiscal 
     year under section 314 of the Budget Control and Impoundment 
     Act of 1974. The adjusted discretionary spending limit for 
     outlays for that fiscal year and each outyear as set forth in 
     such section 601(a)(2) shall be reduced as a result of the 
     reduction of such budget authority, as calculated by the 
     Director of the Office of Management and Budget based upon 
     such programmatic and other assumptions set forth in the 
     joint explanatory statement of managers accompanying the 
     conference report on that bill. All such reductions shall 
     occur within ten days of enactment of any appropriations 
     bill.
       (b) Definition.--As used in this section, the term 
     ``appropriation bill'' means any general or special 
     appropriation bill, and any bill or joint resolution making 
     supplemental, deficiency, or continuing appropriations.
       (c) Rescission.--Funds in the Deficit Reduction Lockbox 
     shall be rescinded upon reductions in discretionary limits 
     pursuant to subsection (a).
       Sec. 703. (a) Section 302(e) Amendment.--Section 302(e) of 
     the Congressional Budget Act of 1974 is amended to read as 
     follows:
       ``(e) Changes in Suballocations.--(1) After a committee 
     reports suballocations under subsection (b),
      that committee may report a resolution to its House changing 
     its suballocations, which resolution shall not take effect 
     unless adopted by that House.
       ``(2) A resolution reported to the House of Representatives 
     under paragraph (1) shall be placed on the Union Calendar and 
     be privileged for consideration in the Committee of the Whole 
     after the report on the resolution has been available to 
     Members for at least three calendar days (excluding 
     Saturdays, Sundays and legal holidays). After general debate 
     which shall not exceed one hour to be equally divided and 
     controlled by the chairman and ranking minority member of the 
     committee reporting the resolution, the resolution shall be 
     considered for amendment under the five-minute rule. No 
     amendment shall be in order in the House or in the Committee 
     of the Whole except amendments in the nature of a substitute 
     containing changes in suballocations under subsection (b) 
     which do not breach any allocation made under subsection (a). 
     Priority in recognition for offering the first such amendment 
     shall be accorded to the chairman of the Committee on the 
     Budget or a designee. No amendments to such amendments shall 
     be in order except substitute amendments. Following the 
     consideration of the resolution for amendment, the Committee 
     shall rise and report the resolution to the House together 
     with any amendment that may have been adopted. The previous 
     question shall be considered as ordered on the resolution to 
     final adoption without intervening motion. It shall not be in 
     order to consider a motion to reconsider the vote by which 
     the resolution is agreed to or disagreed to.''.
       (b) Section 602(b)(1) Amendment.--The last sentence of 
     section 602(b)(1) of the Congressional Budget Act of 1974 is 
     amended by striking ``or revised''.

                              cbo tracking

       Sec. 704. Section 202 of the Congressional Budget Act of 
     1974 is amended by adding at the end the following new 
     subsection:
       ``(i) Scorekeeping.--To facilitate compliance by the 
     Committee on Appropriations with section 314, the Office 
     shall score all general appropriation measures (including 
     conference reports) as passed by the House of 
     Representatives, as passed the Senate and as enacted into 
     law. The scorecard shall include amounts contained in the 
     Deficit Reduction Lock-Box. The chairman of the Committee on 
     Appropriations of the House of Representatives or the Senate, 
     as the case may be, shall have such scorecard published in 
     the Congressional Record.''.

                               H.R. 2020

                         Offered By: Mr. Duncan

       Amendment No. 2: Page 31, strike lines 7 through 10.
       Page 30, line 13, insert ``(less $65,764,000)'' after each 
     of the two dollar amounts.
       Page 39, line 17, insert ``(less $65,764,000)'' after the 
     dollar amount.

[[Page H 7070]]


                               H.R. 2020

                         Offered By: Mr. Hoyer

       Amendment No. 3: On page 22, line 2 (Under The White House 
     Office), delete $39,459,000 and insert $40,193,000.
       On page 14, line 10 (Under IRS Information Systems), delete 
     $1,575,216,000 and insert $1,574,482,000.

                               H.R. 2020

                         Offered By: Mr. Hoyer

       Amendment No. 4: On page 23 following line 10 insert the 
     following:

                     ``COUNCIL OF ECONOMIC ADVISORS


                         salaries and expenses

       For necessary expenses of the Council in carrying out its 
     functions under the Employment Act of 1946 (15 U.S.C. 1021), 
     $3,439,000.
       On page 13, line 3 (Under IRS Processing, Assistance and 
     Management), delete $1,682,742,000 and insert $1,681,060,000.
       On page 14, line 10 (Under IRS Information Systems), delete 
     $1,575,216,000 and insert $1,573,459,000 and amend the report 
     accordingly.

                               H.R. 2020

                         Offered By: Mr. Hoyer

       Amendment No. 5: On page 28 line 5 delete $26,521,000 and 
     insert $27,721,000.
       On page 14, line 10 (IRS Information Systems), delete 
     $1,575,216,000 and insert $1,574,016,000.
                               H.R. 2020

                         Offered By: Mr. Hoyer

       Amendment No. 6: Strike everything from ``Sec. 524'' on 
     page 63 line 22 through ``term.'' on line 5 page 64.

                               H.R. 2020

                         Offered By: Mr. Hoyer

       Amendment No. 7: On page 84, following ``above.'' on line 
     17, insert:
       Provided further, That the Commission shall be under the 
     operation of the Advisory Commission on Intergovernmental 
     Relations: Provided further, For necessary expenses for the 
     Advisory Commission on Intergovernmental Relations, 
     $1,000,000, and additional amounts collected from the sale of 
     publications shall be credited to and used for the purposes 
     of this appropriation.
       On page 12, line 10 delete $180,065,000 and insert 
     $178,975,000 and
       On page 12, line 17 delete $170,000,000 and insert 
     $168,910,000.
       For expenses necessary to carry out the provisions of the 
     Advisory Commission on Intergovernmental Relations Act of 
     1959, as amended (42 U.S.C. 4271-79); $1,000,000, and 
     additional amounts collected from the sale of publications 
     shall be credited to and used for the purposes of this 
     appropriation.
       On page 12, line 9 delete $180,065,000 and insert 
     $178,975,000 and
       On page 12, line 16 delete $170,000,000 and insert 
     $168,910,000.

                               H.R. 2020

                         Offered By: Mr. Hoyer

       Amendment No. 8: On page 84, following line 17, insert:
       Sec. 628. (a) None of the funds appropriated by this or any 
     other Act may be expended by any Federal agency to procure 
     any product or service that is subject to the provisions of 
     Public Law 89-306 and that will be available under the 
     procurement by the Administrator of General Services known as 
     ``FTS2000'' unless--
       (1) such product or service is procured by the 
     Administrator of General Services as part of the procurement 
     known as ``FTS2000''; or
       (2) that agency establishes to the satisfaction of the 
     Administrator of General Services that--
       (A) the agency's requirements for such procurement are 
     unique and cannot be satisfied by property and service 
     procured by the Administrator of General Services as part of 
     the procurement known as ``FTS2000''; and
       (B) the agency procurement, pursuant to such delegation, 
     would be cost-effective and would not adversely affect the 
     cost-effectiveness of the FTS2000 procurement.
       (b) After July 31, 1995, subsection (a) shall apply only if 
     the Administrator of General Services has reported that the 
     FTS2000 procurement is producing prices that allow the 
     Government to satisfy its requirements for such procurement 
     in the most cost-effective manner.
                               H.R. 2020

                        Offered By: Mr. McIntosh

       Amendment No. 9: At the end of the bill add the following 
     new title:

                    TITLE   --REGULATORY TRANSITION


                              short title

       Sec.   01. This title may be cited as the ``Regulatory 
     Transition Act of 1995''.


                                finding

       Sec.   02. The Congress finds that effective steps for 
     improving the efficiency and proper management of Government 
     operations, including enactment of a new law or laws to 
     require (1) that the Federal rulemaking process include cost/
     benefit analysis, including analysis of costs resulting from 
     the loss of property rights, and (2) for those Federal 
     regulations that are subject to risk analysis and risk 
     assessment that those regulations undergo standardized risk 
     analysis and risk assessment using the best scientific and 
     economic procedures, will be promoted if a moratorium on new 
     rulemaking actions is imposed and an inventory of such action 
     is conducted.


                       moratorium on regulations

       Sec.   03. (a) Moratorium.--Until the end of the moratorium 
     period, a Federal agency may not take any regulatory 
     rulemaking action, unless an exception is provided under 
     section   05. Beginning 30 days after the date of the 
     enactment of this Act, the effectiveness of any regulatory 
     rulemaking action taken or made effective during the 
     moratorium period but before the date of the enactment shall 
     be suspended until the end of the moratorium period, unless 
     an exception is provided under section   05.
       (b) Inventory of Rulemakings.--Not later than 30 days after 
     the date of the enactment of this Act, the President shall 
     conduct an inventory and publish in the Federal Register a 
     list of all regulatory rulemaking actions covered by 
     subsection (a) taken or made effective during the moratorium 
     period but before the date of the enactment.


     special rule on statutory, regulatory, and judicial deadlines

       Sec.   04. (a) In General.--Any deadline for, relating to, 
     or involving any action dependent upon, any regulatory 
     rulemaking actions authorized or required to be taken before 
     the end of the moratorium period is extended for 5 months or 
     until the end of the moratorium period, whichever is later.
       (b) Deadline Defined.--The term ``deadline'' means any date 
     certain for fulfilling any obligation or exercising any 
     authority established by or under any Federal statute or 
     regulation, or by or under any court order implementing any 
     Federal statute or regulation.
       (c) Identification of Postponed Deadlines.--Not later than 
     30 days after the date of the enactment of this Act, the 
     President shall identify and publish in the Federal Register 
     a list of deadlines covered by subsection (a).


                    emergency exceptions; exclusions

       Sec.   05. (a) Emergency Exception.--Section   03(a) or   
     04(a), or both, shall not apply to a regulatory rulemaking 
     action if--
       (1) the head of a Federal agency otherwise authorized to 
     take the action submits a written request to the 
     Administrator of the Office of Information and Regulatory 
     Affairs within the Office of Management and Budget and 
     submits a copy thereof to the appropriate committees of each 
     House of the Congress;
       (2) the Administrator of the Office of Information and 
     Regulatory Affairs within the Office of Management and Budget 
     finds in writing that a waiver for the action is (A) 
     necessary because of an imminent threat to health or safety 
     or other emergency, or (B) necessary for the enforcement of 
     criminal laws; and
       (3) the Federal agency head publishes the finding and 
     waiver in the Federal Register.
       (b) Exclusions.--The head of an agency shall publish in the 
     Federal Register any action excluded because of a 
     certification under section   06(3)(B).
       (c) Civil Rights Exception.--Section   03(a) or   04(a), or 
     both, shall not apply to a regulatory rulemaking action to 
     establish or enforce any statutory rights against 
     discrimination on the basis of age, race, religion, gender, 
     national origin, or handicapped or disability status except 
     such rulemaking actions that establish, lead to, or otherwise 
     rely on the use of a quota or preference based on age, race, 
     religion, gender, national origin, or handicapped or 
     disability status''.


                              definitions

       Sec.   06. For purposes of this title:
       (1) Federal agency.--The term ``Federal agency'' means any 
     agency as that term is defined in section 551(1) of title 5, 
     United States Code (relating to administrative procedure).
       (2) Moratorium period.--The term ``moratorium period'' 
     means the period of time--
       (A) beginning November 20, 1994; and
       (B) ending on the earlier of--
       (i) the first date on which there have been enacted one or 
     more laws that--
       (I) require that the Federal rulemaking process include 
     cost/benefit analysis, including analysis of costs resulting 
     from the loss of property rights; and

       (II) for those Federal regulations that are subject to risk 
     analysis and risk assessment, require that those regulations 
     undergo standardized risk analysis and risk assessment using 
     the best scientific and economic procedures; or

       (ii) December 31, 1995.

     except that in the case of a regulatory rulemaking action 
     with respect to determining that a species is an endangered 
     species or a threatened species under section 4(a)(1) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1533(a)(1)) or 
     designating critical habitat under section 4(a)(3) of that 
     Act (16 U.S.C. 1533(a)(3)), the term means the period of time 
     beginning on the date described in subparagraph (A) and 
     ending on the earlier of the first date on which there has 
     been enacted after the date of the enactment of this Act a 
     law authorizing appropriations to carry out the Endangered 
     Species Act of 1973, or December 31, 1996.
       (3) Regulatory rulemaking action.--
       (A) In general.--The term ``regulatory rulemaking action'' 
     means any rulemaking on any rule normally published in the 
     Federal Register, including--
       (i) the issuance of any substantive rule, interpretative 
     rule, statement of agency policy, notice of inquiry, advance 
     notice of proposed rulemaking, or notice of proposed 
     rulemaking, and
       (ii) any other action taken in the course of the process of 
     rulemaking (except a cost benefit analysis or risk 
     assessment, or both).

[[Page H 7071]]

       (B) Exclusions.--The term ``regulatory rulemaking action'' 
     does not include--
       (i) any agency action that the head of the agency and the 
     Administrator of the Office of Information and Regulatory 
     Affairs within the Office of Management and Budget certify in 
     writing is limited to repealing, narrowing, or streamlining a 
     rule,
      regulation, or administrative process or otherwise reducing 
     regulatory burdens;
       (ii) any agency action that the head of the agency and the 
     Administrator of the Office of Information and Regulatory 
     Affairs within the Office of Management and Budget certify in 
     writing is limited to matters relating to military or foreign 
     affairs functions, statutes implementing international trade 
     agreements, including all agency actions required by the 
     Uruguay Round Agreements Act, or agency management, 
     personnel, or public property, loans, grants, benefits, or 
     contracts;
       (iii) any agency action that the head of the agency and the 
     Administrator of the Office of Information and Regulatory 
     Affairs within the Office of Management and Budget certify in 
     writing is limited to a routine administrative function of 
     the agency;
       (iv) any agency action that--
       (I) is taken by an agency that supervises and regulates 
     insured depository institutions, affiliates of such 
     institutions, credit unions, or government sponsored housing 
     enterprises; and
       (II) the head of the agency certifies would meet the 
     standards for an exception or exclusion described in this 
     title; or
       (v) any agency action that the head of the agency certifies 
     is limited to interpreting, implementing, or administering 
     the internal revenue laws of the United States.
       (4) Rule.--The term ``rule'' means the whole or a part of 
     an agency statement of general or particular applicability 
     and future effect designed to implement, interpret, or 
     prescribe law or policy. Such term does not include the 
     approval or prescription, on a case-by-case or consolidated 
     case basis, for the future of rates, wages, corporation, or 
     financial structures or reorganizations thereof, prices, 
     facilities, appliances, services or allowances therefor, or 
     of valuations, costs, or accounting, or practices bearing on 
     any of the foregoing, nor does it include any action taken in 
     connection with the safety of aviation or any action taken in 
     connection with the implementation of monetary policy or to 
     ensure the safety
      and soundness of federally insured depository institutions, 
     any affiliate of such an institution, credit unions, or 
     government sponsored housing enterprises or to protect the 
     Federal deposit insurance funds. Such term also does not 
     include the granting an application for a license, 
     registration, or similar authority, granting or 
     recognizing an exemption, granting a variance or petition 
     for relief from a regulatory requirement, or other action 
     relieving a restriction (including any agency which 
     establishes, modifies, or conducts a regulatory program 
     for a recreational or subsistence activity, including but 
     not limited to hunting, fishing, and camping, if a Federal 
     law prohibits the recreational or subsistence activity in 
     the absence of the agency action) or taking any action 
     necessary to permit new or improved applications of 
     technology or allow the manufacture, distribution, sale, 
     or use of a substance or product.
       (5) Rulemaking.--The term ``rulemaking'' means agency 
     process for formulating, amending, or repealing a rule.
       (6) License.--The term ``license'' means the whole or part 
     of an agency permit, certificate, approval, registration, 
     charter, membership, statutory exemption, or other form of 
     permission.
       (7) Imminent threat to health or safety.--The term 
     ``imminent threat to health or safety'' means the existence 
     of any condition, circumstance, or practice reasonably 
     expected to cause death, serious illness, or severe injury to 
     humans, or substantial endangerment to private property 
     during the moratorium period.


                      limitation on civil actions

       Sec.   07. No private right of action may be brought 
     against any Federal agency for a violation of this title. 
     This prohibition shall not affect any private right of action 
     or remedy otherwise available under any other law.


                relationship to other law; severability

       Sec.   08. (a) Applicability.--This title shall apply 
     notwithstanding any other provision of law.
       (b) Severability.--If any provision of this title, or the 
     application of any provision of this title to any person or 
     circumstance, is held invalid, the application of such 
     provision to other persons or circumstances, and the 
     remainder of this title, shall not be affected thereby.


              regulations to aid business competitiveness

       Sec.   09. Section    03(a) or    04(a), or both, shall not 
     apply to any of the following regulatory rulemaking actions 
     (or any such action relating thereto):
       (1) Conditional release of textile imports.--A final rule 
     published on December 2, 1994 (59 Fed. Reg. 61798), to 
     provide for the conditional release by the Customs Service of 
     textile imports suspected of being imported in violation of 
     United States quotas.
       (2) Textile imports.--Any action which the head of the 
     relevant agency and the Administrator of the Office of 
     Information and Regulatory Affairs certify in writing is a 
     substantive rule, interpretive rule, statement of agency 
     policy, or notice of proposed rulemaking to interpret, 
     implement, or administer laws pertaining to the import of 
     textiles and apparel including section 334 of the Uruguay 
     Round Agreements Act (P.L. 103-465), relating to textile 
     rules of origin.
       (3) Customs modernization.--Any action which the head of 
     the relevant agency and the Administrator of the Office of 
     Information and Regulatory Affairs certify in writing is a 
     substantive rule, interpretive rule, statement of agency 
     policy, or notice of proposed rulemaking to interpret, 
     implement, or administer laws pertaining to the customs 
     modernization provisions contained in title VI of the North 
     American Free Trade Agreement Implementation Act (P.L. 103-
     182).
       (4) Actions with respect to china regarding intellectual 
     property protection and market access.--A regulatory 
     rulemaking action providing notice of a determination that 
     the People's Republic of China's failure to enforce 
     intellectual property rights and to provide market access is 
     unreasonable and constitutes a burden or restriction on 
     United States commerce, and a determination that trade action 
     is appropriate and that sanctions are appropriate, taken 
     under section 304(a)(1)(A)(ii), section 304(a)(1)(B), and 
     section 301(b) of the Trade Act of 1974 and with respect to 
     which a notice of determination was published on February 7, 
     1995 (60 Fed. Reg. 7230).
       (5) Transfer of spectrum.--A regulatory rulemaking action 
     by the Federal Communications Commission to transfer 50 
     megahertz of spectrum below 5 GHz from government use to 
     private use, taken under the Omnibus Budget Reconciliation 
     Act of 1993 and with respect to which notice of proposed 
     rulemaking was published at 59 Federal Register 59393.
       (6) Personal communications services licenses.--A 
     regulatory rulemaking action by the Federal Communications 
     Commission to establish criteria and procedures for issuing 
     licenses utilizing competitive bidding procedures to provide 
     personal communications services--
       (A) taken under section 309(j) of the Communications Act 
     and with respect to which a final rule was published on 
     December 7, 1994 (59 Fed. Reg. 63210); or
       (B) taken under sections 3(n) and 332 of the Communications 
     Act and with respect to which a final rule was published on 
     December 2, 1994 (59 Fed. Reg. 61828).
       (7) Wide-area specialized mobile radio licenses.--A 
     regulatory rulemaking action by the Federal Communications 
     Commission to provide for competitive bidding for wide-area 
     specialized mobile radio licenses, taken under section 309(j) 
     of the Communications Act and with respect to which a 
     proposed rule was published on February 14, 1995 (60 Fed. 
     Reg. 8341).
       (8) Improved trading opportunities for regional 
     exchanges.--A regulatory rulemaking action by the Securities 
     and Exchange Commission to provide for increased competition 
     among the stock exchanges, taken under the Unlisted Trading 
     Privileges Act of 1994 and with respect to which proposed 
     rulemaking was published on February 9, 1995 (60 Fed. Reg. 
     7718).


   delaying effective date of rules with respect to small businesses

       Sec.   10. (a) Delay Effectiveness.--For any rule resulting 
     from a regulatory rulemaking action that is suspended or 
     prohibited by this title, the effective date of the rule with 
     respect to small businesses may not occur before six months 
     after the end of the moratorium period.
       (b) Small Business Defined.--In this section, the term 
     ``small business'' means any business with 100 or fewer 
     employees.