[Congressional Record Volume 141, Number 115 (Monday, July 17, 1995)]
[Senate]
[Pages S10154-S10165]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


            THE COMPREHENSIVE REGULATORY REFORM ACT OF 1995

  (Amendment No. 1719 is reproduced for the Record of July 14, 1995.)
                                 ______


                      PACKWOOD AMENDMENT NO. 1719

  (Ordered to lie on the table.)
  Mr. PACKWOOD submitted an amendment intended to be proposed by him to 
the bill (S. 343) to reform the regulatory process, and for other 
purposes; as follows:

       Strike page 2, line 15 through page 3, line 7 and add at 
     page 2, line 15, the following:
       ``(a) Applicability.--
       ``(1) In general.--This section applies to every 
     rulemaking, according to the provisions thereof, except to 
     the extent there is involved--
       ``(i) a matter pertaining to a military or foreign affairs 
     function of the United States;
       ``(ii) a matter relating to the management or personnel 
     practices of the agency;
       ``(iii) 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;
       ``(iv) 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.
       ``(2) Application to the department of the treasury.--In 
     the case of rulemaking of the Department of the Treasury, 
     this section applies to Treasury Regulations.
                                 ______


                    HARKIN AMENDMENTS NOS. 1726-1727

  (Ordered to lie on the table.)
  Mr. HARKIN submitted two amendments 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:

                           Amendment No. 1726

       On page 36, line 3, insert after ``environment'' the 
     following: ``or to the achievement of statutory rights that 
     prohibit discrimination''.
                                                                    ____


                           Amendment No. 1727

       On page 37, line 11, insert after ``environment'' the 
     following: ``or to the achievement of statutory rights that 
     prohibit discrimination''.
                                 ______


                    BOXER AMENDMENTS NOS. 1728-1729

  (Ordered to lie on the table.)
  Mrs. BOXER submitted two amendments intended to be proposed by her to 
amendment No. 1487, supra; as follows:

                           Amendment No. 1728

       At the end of Section 622(e)(1) add the following new 
     paragraph:
       ``(G) In conducting a cost-benefit analysis, the agency 
     shall include an analysis of how the proposed rule or subject 
     of the analysis will affect vulnerable subpopulations 
     including: infants, children, pregnant women, the frail 
     elderly, immunocompromised and other vulnerable groups; and 
     shall consider, address and describe the persons or classes 
     of persons likely to receive benefits under (c)(2)(A) of this 
     section or likely to bear costs under (c)(2)(B) of this 
     section.''
                                                                    ____


                           Amendment No. 1729

       At the end of Section 633(f) add the following new 
     paragraph:
       ``(4) The head of an agency in presenting risk assessment 
     conclusions shall describe how the agency will address the 
     risk to health or safety which is the subject of the rule, on 
     vulnerable subpopulations including: infants, children, 
     pregnant women, the frail elderly, immunocompromised and 
     other vulnerable groups.''
                                 ______


                 CRAIG (AND HEFLIN) AMENDMENT NO. 1730

  (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:

     SEC.  . REGULATORY AGREEMENTS.

       (a) In General.--Subchapter II of chapter 5 of title 5, 
     United States Code, is amended by adding at the end 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 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.
       ``(d) Determination Whether To Proceed With Negotiations.--
       ``(1) In general.--Not later than 60 days after receiving a 
     request for negotiations under subsection (c)(1), 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; 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.
       ``(e) 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.
       ``(f) Enforcement.--A regulatory agreement shall provide 
     for injunctive relief and penalties for noncompliance that, 
     in the judgment of the agency, are adequate to deter parties 
     from noncompliance.
       ``(g) 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 120 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) Continuing Agency Authority and Responsibility.--The 
     making by an agency of a determination not to proceed with 
     negotiations or the entry by an agency into a regulatory 
     agreement with fewer than all of the persons that are engaged 
     in the activity regulated by the agreement shall not relieve 
     the agency of its statutory authority or responsibility with 
     respect to the activity or persons engaged in the activity.
       ``(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.''.
                                 ______


                        REID AMENDMENT NO. 1731

  (Ordered to lie on the table.)
  
[[Page S 10155]]

  Mr. REID submitted an amendment intended to be proposed by him to 
amendment No. 1487, supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
                     TITLE I--REGULATORY TRANSITION

     SEC. 101. SHORT TITLE.

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

     SEC. 102. FINDING.

       The Congress finds that effective steps for improving the 
     efficiency and proper management of Government operations 
     will be promoted if a moratorium on the effectiveness of 
     certain significant final rules is imposed in order to 
     provide Congress an opportunity for review.

     SEC. 103. MORATORIUM ON REGULATIONS; CONGRESSIONAL REVIEW.

       (a) Reporting and Review of Regulations.--
       (1) Reporting to congress and the comptroller general.--
       (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 section 603, section 
     604, section 605, section 607, and section 609 of Public Law 
     96-354;
       (iii) the agency's actions relevant to title II, section 
     202, section 203, section 204, and section 205 of Public Law 
     104-4; and
       (iv) any other relevant information or requirements under 
     any other Act and any relevant Executive Orders, such as 
     Executive Order 12866.
       (C) Upon receipt, each House shall provide copies to the 
     Chairman and Ranking Member of each committee with 
     jurisdiction.
       (2) Reporting by the comptroller general.--
       (A) The Comptroller General shall provide a report on each 
     significant 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 
     104(b)(2). The report of the Comptroller General shall 
     include an assessment of the agency's compliance with 
     procedural steps required by subparagraph (B) (i) through 
     (iv).
       (B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under paragraph (2)(A) of this section.
       (3) Effective date of significant rules.--A significant 
     rule relating to a report submitted under paragraph (1) shall 
     take effect as a final rule, the latest of--
       (A) the later of the date occurring 45 days after the date 
     on which--
       (i) the Congress receives the report submitted under 
     paragraph (1); or
       (ii) the rule is published in the Federal Register;
       (B) if the Congress passes a joint resolution of 
     disapproval described under section 104 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 104 is enacted).
       (4) Effective date for other rules.--Except for a 
     significant rule, a rule shall take effect as otherwise 
     provided by law after submission to Congress under paragraph 
     (1).
       (5) Failure of joint resolution of disapproval.--
     Notwithstanding the provisions of paragraph (3), the 
     effective date of a rule shall not be delayed by operation of 
     this title beyond the date on which either House of Congress 
     votes to reject a joint resolution of disapproval under 
     section 104.
       (b) Termination of Disapproved Rulemaking.--A rule shall 
     not take effect (or continue) as a final rule, if the 
     Congress passes a joint resolution of disapproval described 
     under section 104.
       (c) Presidential Waiver Authority.--
       (1) Presidential determinations.--Notwithstanding any other 
     provision of this section (except subject to paragraph (3)), 
     a rule that would not take effect by reason of this title may 
     take effect, if the President makes a determination under 
     paragraph (2) and submits written notice of such 
     determination to the Congress.
       (2) Grounds for determinations.--Paragraph (1) applies to a 
     determination made by the President by Executive order that 
     the rule should take effect because such rule is--
       (A) necessary because of an imminent threat to health or 
     safety or other emergency;
       (B) necessary for the enforcement of criminal laws; or
       (C) necessary for national security.
       (3) Waiver not to affect congressional disapprovals.--An 
     exercise by the President of the authority under this 
     subsection shall have no effect on the procedures under 
     section 104 or the effect of a joint resolution of 
     disapproval under this section.
       (d) Treatment of Rules Issued at End of Congress.--
       (1) Additional opportunity for review.--In addition to the 
     opportunity for review otherwise provided under this title, 
     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 
     104 shall apply to such rule in the succeeding Congress.
       (2) Treatment under section 104.--
       (A) In applying section 104 for purposes of such additional 
     review, a rule described under paragraph (1) shall be treated 
     as though--
       (i) such rule were published in the Federal Register (as a 
     rule that shall take effect as a final rule) on the 15th 
     session day after the succeeding Congress first convenes; and
       (ii) a report on such rule were submitted to Congress under 
     subsection (a)(1) on such date.
       (B) Nothing in this paragraph shall be construed to affect 
     the requirement under subsection (a)(1) that a report must be 
     submitted to Congress before a final rule can take effect.
       (3) Actual effective date not affected.--A rule described 
     under paragraph (1) shall take effect as a final rule as 
     otherwise provided by law (including other subsections of 
     this section).
       (e) Treatment of Rules Issued Before This Act.--
       (1) Opportunity for congressional review.--The provisions 
     of section 104 shall apply to any significant rule that is 
     published in the Federal Register (as a rule that shall take 
     effect as a final rule) during the period beginning on 
     November 20, 1994, through the date on which this Act takes 
     effect.
       (2) Treatment under section 104.--In applying section 104 
     for purposes of Congressional review, a rule described under 
     paragraph (1) shall be treated as though--
       (A) such rule were published in the Federal Register (as a 
     rule that shall take effect as a final rule) on the date of 
     the enactment of this Act; and
       (B) a report on such rule were submitted to Congress under 
     subsection (a)(1) on such date.
       (3) Actual effective date not affected.--The effectiveness 
     of a rule described under paragraph (1) shall be as otherwise 
     provided by law, unless the rule is made of no force or 
     effect under section 104.
       (f) Nullification of Rules Disapproved by Congress.--Any 
     rule that takes effect and later is made of no force or 
     effect by the enactment of a joint resolution under section 
     104 shall be treated as though such rule had never taken 
     effect.
       (g) No Inference to be Drawn Where Rules Not Disapproved.--
     If the Congress does not enact a joint resolution of 
     disapproval under section 104, 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. 104. CONGRESSIONAL DISAPPROVAL PROCEDURE.

       (a) Joint Resolution Defined.--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 103(a) is received 
     by Congress and ending 45 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) Referral.--
       (1) In general.--A resolution described in paragraph (1) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction. Such a resolution may not be reported 
     before the eighth day after its submission or publication 
     date.
       (2) Submission date.--For purposes of this subsection the 
     term ``submission or publication date'' means the later of 
     the date on which--
       (A) the Congress receives the report submitted under 
     section 103(a)(1); or
       (B) the rule is published in the Federal Register.
       (c) Discharge.--If the committee to which is referred a 
     resolution described in subsection (a) has not reported such 
     resolution (or an identical resolution) at the end of 20 
     calendar days after the submission or publication date 
     defined under subsection (b)(2), such committee may be 
     discharged 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) Floor Consideration.--
       (1) In general.--When the committee to which a resolution 
     is referred has reported, or when a committee is discharged 
     (under subsection (c)) from further consideration of, a 
     resolution described in subsection (a), it is at any time 
     thereafter in order (even though a previous motion to the 
     same effect has 

[[Page S 10156]]
     been disagreed to) for a motion to proceed to the consideration of the 
     resolution, and all points of order against the resolution 
     (and against consideration of resolution) are waived. The 
     motion is not subject to amendment, or to a motion to 
     postpone, or to a motion to proceed to the consideration of 
     other business. A motion to reconsider the vote by which the 
     motion is agreed to or disagreed to shall not be in order. If 
     a motion to proceed to the consideration of the resolution is 
     agreed to, the resolution shall remain the unfinished 
     business of the respective House until disposed of.
       (2) Debate.--Debate on the resolution, and on all debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 10 hours, which shall be divided equally 
     between those favoring and those opposing the resolution. A 
     motion further to limit debate is in order and not debatable. 
     An amendment to, or a motion to postpone, or a motion to 
     proceed to the consideration of other business, or a motion 
     to recommit the resolution is not in order.
       (3) Final passage.--Immediately following the conclusion of 
     the debate on a resolution described in subsection (a), and a 
     single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the appropriate 
     House, the vote on final passage of the resolution shall 
     occur.
       (4) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate or the 
     House of Representatives, as the case may be, to the 
     procedure relating to a resolution described in subsection 
     (a) shall be decided without debate.
       (e) Treatment if Other House Has Acted.--If, before the 
     passage by one House of a resolution of that House described 
     in subsection (a), that House receives from the other House a 
     resolution described in subsection (a), then the following 
     procedures shall apply:
       (1) Nonreferral.--The resolution of the other House shall 
     not be referred to a committee.
       (2) Final passage.--With respect to a resolution described 
     in subsection (a) of the House receiving the resolution--
       (A) the procedure in that House shall be the same as if no 
     resolution had been received from the other House; but
       (B) the vote on final passage shall be on the resolution of 
     the other House.
       (f) Constitutional Authority.--This section is enacted by 
     Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 105. SPECIAL RULE ON STATUTORY, REGULATORY AND JUDICIAL 
                   DEADLINES.

       (a) In General.--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 the 
     enactment of a joint resolution under section 104, that 
     deadline is extended until the date 12 months after the date 
     of the joint resolution. Nothing in this subsection shall be 
     construed to affect a deadline merely by reason of the 
     postponement of a rule's effective date under section 103(a).
       (b) Deadline Defined.--The term ``deadline'' means any date 
     certain for fulfilling any obligation or exercising any 
     authority established by or under any Federal statute or 
     regulation, or by or under any court order implementing any 
     Federal statute or regulation.

     SEC. 106. DEFINITIONS.

       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) Significant rule.--The term ``significant rule''--
       (A) means any final rule that the Administrator of the 
     Office of Information and Regulatory Affairs within the 
     Office of Management and Budget finds--
       (i) has an annual effect on the economy of $100,000,000 or 
     more or adversely affects in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities;
       (ii) creates a serious inconsistency or otherwise 
     interferes with an action taken or planned by another agency;
       (iii) materially alters the budgetary impact of 
     entitlement, grants, user fees, or loan programs or the 
     rights and obligations of recipients thereof; or
       (iv) raises novel legal or policy issues arising out of 
     legal mandates, the President's priorities, or the principles 
     set forth in Executive Order 12866;
       (B) does not include any agency action that establishes, 
     modifies, opens, closes, or conducts a regulatory program for 
     a commercial, recreational, or subsistence activity relating 
     to hunting, fishing, or camping.
       (3) Final rule.--The term ``final rule'' means any final 
     rule or interim final rule. As used in this paragraph, 
     ``rule'' has the meaning given such term by section 551 of 
     title 5, United States Code, 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. 107. JUDICIAL REVIEW.

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

     SEC. 108. APPLICABILITY; SEVERABILITY.

       (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.

     SEC. 109. EXEMPTION FOR MONETARY POLICY.

       Nothing in this title 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.

     SEC. 110. EFFECTIVE DATE.

       This title shall take effect on the date of the enactment 
     of this Act and shall apply to any rule that takes effect as 
     a final rule on or after such effective date.
                     TITLE II--TERM GRAZING PERMITS

     SEC. 201. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the Secretary of Agriculture (referred to in this title 
     as the ``Secretary'') administers the 191,000,000-acre 
     National Forest System for multiple uses in accordance with 
     Federal law;
       (2) where suitable, one of the recognized multiple uses for 
     National Forest System land is grazing by livestock;
       (3) the Secretary authorizes grazing through the issuance 
     of term grazing permits that have terms of not to exceed 10 
     years and that include terms and conditions necessary for the 
     proper administration of National Forest System land and 
     resources;
       (4) as of the date of enactment of this Act, the Secretary 
     has issued approximately 9,000 term grazing permits 
     authorizing grazing on approximately 90,000,000 acres of 
     National Forest System land;
       (5) of the approximately 9,000 term grazing permits issued 
     by the Secretary, approximately one-half have expired or will 
     expire by the end of 1996;
       (6) if the holder of an expiring term grazing permit has 
     complied with the terms and conditions of the permit and 
     remains eligible and qualified, that individual is considered 
     to be a preferred applicant for a new term grazing permit in 
     the event that the Secretary determines that grazing remains 
     an appropriate use of the affected National Forest System 
     land;
       (7) in addition to the approximately 9,000 term grazing 
     permits issued by the Secretary, it is estimated that as many 
     as 1,600 term grazing permits may be waived by permit holders 
     to the Secretary in favor of a purchaser of the permit 
     holder's permitted livestock or base property by the end of 
     1996;
       (8) to issue new term grazing permits, the Secretary must 
     comply with the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and other laws;
       (9) for a large percentage of the grazing permits that will 
     expire or be waived to the Secretary by the end of 1996, the 
     Secretary has devised a strategy that will result in 
     compliance with the National Environmental Policy Act of 1969 
     and other applicable laws (including regulations) in a timely 
     and efficient manner and enable the Secretary to issue new 
     term grazing permits, where appropriate;
       (10) for a small percentage of the grazing permits that 
     will expire or be waived to the Secretary by the end of 1996, 
     the strategy will not provide for the timely issuance of new 
     term grazing permits; and
       (11) in cases in which ranching operations involve the use 
     of a term grazing permit issued by the Secretary, it is 
     essential for new term grazing permits to be issued in a 
     timely manner for financial and other reasons.
       (b) Purpose.--The purpose of this title is to ensure that 
     grazing continues without interruption on National Forest 
     System land in a manner that provides long-term protection of 
     the environment and improvement of National Forest System 
     rangeland resources while also providing short-term certainty 
     to holders of expiring term grazing permits and purchasers of 
     a permit holder's permitted livestock or base property.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Expiring term grazing permit.--The term ``expiring term 
     grazing permit'' means a term grazing permit--
       (A) that expires in 1995 or 1996; or
       (B) that expired in 1994 and was not replaced with a new 
     term grazing permit solely because the analysis required by 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) and other applicable laws has not been completed.

[[Page S 10157]]

       (2) Final agency action.--The term ``final agency action'' 
     means agency action with respect to which all available 
     administrative remedies have been exhausted.
       (3) Term grazing permit.--The term ``term grazing permit 
     means a term grazing permit or grazing agreement issued by 
     the Secretary under section 402 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1752), section 19 of 
     the Act entitled ``An Act to facilitate and simplify the work 
     of the Forest Service, and for other purposes'', approved 
     April 24, 1950 (commonly known as the ``Granger-Thye Act'') 
     (16 U.S.C. 580l), or other law.

     SEC. 203. ISSUANCE OF NEW TERM GRAZING PERMITS.

       (a) In General.--Notwithstanding any other provision of 
     law, regulation, policy, court order, or court sanctioned 
     settlement agreement, the Secretary shall issue a new term 
     grazing permit without regard to whether the analysis 
     required by the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and other applicable laws has been 
     completed, or final agency action respecting the analysis has 
     been taken--
       (1) to the holder of an expiring term grazing permit; or
       (2) to the purchaser of a term grazing permit holder's 
     permitted livestock or base property if--
       (A) between January 1, 1995, and December 1, 1996, the 
     holder has waived the term grazing permit to the Secretary 
     pursuant to section 222.3(c)(1)(iv) of title 36, Code of 
     Federal Regulations; and
       (B) the purchaser of the term grazing permit holder's 
     permitted livestock or base property is eligible and 
     qualified to hold a term grazing permit.
       (b) Terms and Conditions.--Except as provided in subsection 
     (c)--
       (1) a new term grazing permit under subsection (a)(1) shall 
     contain the same terms and conditions as the expired term 
     grazing permit; and
       (2) a new term grazing permit under subsection (a)(2) shall 
     contain the same terms and conditions as the waived permit.
       (c) Duration.--
       (1) In general.--A new term grazing permit under subsection 
     (a) shall expire on the earlier of--
       (A) the date that is 3 years after the date on which it is 
     issued; or
       (B) the date on which final agency action is taken with 
     respect to the analysis required by the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     other applicable laws.
       (2) Final action in less than 3 years.--If final agency 
     action is taken with respect to the analysis required by the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and other applicable laws before the date that is 3 
     years after the date on which a new term grazing permit is 
     issued under subsection (a), the Secretary shall--
       (A) cancel the new term grazing permit; and
       (B) if appropriate, issue a term grazing permit for a term 
     not to exceed 10 years under terms and conditions as are 
     necessary for the proper administration of National Forest 
     System rangeland resources.
       (d) Date of Issuance.--
       (1) Expiration on or before date of enactment.--In the case 
     of an expiring term grazing permit that has expired on or 
     before the date of enactment of this Act, the Secretary shall 
     issue a new term grazing permit under subsection (a)(1) not 
     later than 15 days after the date of enactment of this Act.
       (2) Expiration after date of enactment.--In the case of an 
     expiring term grazing permit that expires after the date of 
     enactment of this Act, the Secretary shall issue a new term 
     grazing permit under subsection (a)(1) on expiration of the 
     expiring term grazing permit.
       (3) Waived permits.--In the case of a term grazing permit 
     waived to the Secretary pursuant to section 222.3(c)(1)(iv) 
     of title 36, Code of Federal Regulations, between January 1, 
     1995, and December 31, 1996, the Secretary shall issue a new 
     term grazing permit under subsection (a)(2) not later than 60 
     days after the date on which the holder waives a term grazing 
     permit to the Secretary.

     SEC. 204. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW.

       The issuance of a new term grazing permit under section 
     203(a) shall not be subject to administrative appeal or 
     judicial review.

     SEC. 205. REPEAL.

       This title is repealed effective as of January 1, 2001.
                                 ______


                   KENNEDY AMENDMENTS NOS. 1732-1741

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted 10 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. 1732

       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 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. 1733

       On page 71, strike out lines 13 through 23, and redesignate 
     the remaining subsections and cross references thereto 
     accordingly.
                                                                    ____


                           Amendment No. 1734

       On page 71, strike out lines 15 through 16, and insert the 
     following: ``Testing.--In applying the proviso in section 
     409(c)(3)(A), or in applying section 512(d)(1) or 
     721(b)(5)(B), of the Federal Food, Drug, and Cosmetic''.
                                                                    ____


                           Amendment No. 1735

       On page 71, strike out lines 15 through 17, and insert the 
     following: ``Testing.--In applying section 409(c)(3)(A) or 
     512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 348(c)(3)(A) and 360b(d)(1)),''.
                                                                    ____

                           Amendment No. 1736

       On page 71, strike out lines 15 through 17, and insert the 
     following: ``Testing.--In applying the proviso in section 
     409(c)(3)(A) of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 348(c)(3)(A)),''.
                                                                    ____


                           Amendment No. 1737

       On page 71, strike out lines 15 through 17, and insert the 
     following: ``Testing.--In applying the proviso in section 
     409(c)(3)(A) of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 348(c)(3)(A)) with respect to pesticides,''.
                                                                    ____


                           Amendment No. 1738

       On page 71, line 23, insert before the period the 
     following: ``: Provided, That this subsection shall not take 
     effect until the Secretary of Health and Human Services and 
     the Administrator of the Environmental Protection Agency have 
     certified that the implementation of this subsection will not 
     place at risk the long-term health of infants and children''.
                                                                    ____


                           Amendment No. 1739

       On page 71, line 23, insert before the period the 
     following: ``: Provided, That this subsection shall not take 
     effect until the Secretary of Health and Human Services and 
     the Administrator of the Environmental Protection Agency have 
     certified that the implementation of this subsection will not 
     increase the incidence of cancer in the United States''.
                                                                    ____


                           Amendment No. 1740

       On page 71, line 23, insert before the period the 
     following: ``: Provided, That this subsection shall not take 
     effect until the Secretary of Health and Human Services and 
     the Administrator of the Environmental Protection Agency have 
     certified that the implementation of this subsection will not 
     expose infants and children to cancer-causing chemicals 
     through the food such infants and children consume''.
                                                                    ____


                           Amendment No. 1741

       On page 71, line 23, insert before the period the 
     following: ``: Provided, That this subsection shall not take 
     effect until the Secretary of Health and Human Services and 
     the Administrator of the Environmental Protection Agency have 
     certified that the implementation of this subsection will not 
     place at risk the long-term health of infants and children as 
     a result of exposure to cancer-causing chemicals added to the 
     food such infants and children consume''.
                                 ______


                      LIEBERMAN AMENDMENT NO. 1742

  (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 out all through 
     line 4 on page 46 and insert in lieu thereof the following:
     
[[Page S 10158]]


     ``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 all cross-media impacts, 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 
     human health, safety, and environmental benefits, taking into 
     account all cross-media impacts, 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 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.
                                 ______


                      ASHCROFT AMENDMENT NO. 1743

  (Ordered to lie on the table.)
  Mr. ASHCROFT submitted an amendment intended to be proposed by him to 
the bill S. 343; 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 many government regulations is inversely related 
     to the length of time over which a site has been utilized for 
     commercial and/or industrial purposes in the past, thus 
     rendering older sites in urban areas the sites most unlikely 
     to be chosen for a new development and thereby forcing new 
     development away from the areas most in need of economic 
     growth and job creation; 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 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 a such 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 title 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 the city has a 
     population greater than 200,000 according to:
       (1) the U.S. Census Bureau's 1992 estimate for city 
     populations; or
       (2) beginning six months after the enactment of this title, 
     the U.S. Census Bureau's latest estimate for city 
     populations.
       (b) Distressed Area.--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 of more families with children under age 18 
     in the census tract have an unmarried parent 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 major of 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.
     
[[Page S 10159]]


     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.--(1) No later than 120 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 waiver 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)).''.
                                 ______


                   PACKWOOD AMENDMENTS NOS. 1744-1747

  (Ordered to lie on the table.)
  Mr. PACKWOOD submitted four 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. 1744

       Beginning on page 2, line 15, strike all through page 3, 
     line 7, and insert the following:
       ``(a) Applicability.--(1) This section applies to every 
     rulemaking, according to the provisions thereof, except to 
     the extent that there is involved--
       ``(A) a matter pertaining to a military or foreign affairs 
     function of the United States;
       ``(B) a matter relating to the management or personnel 
     practices of an agency;
       ``(C) 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
       ``(D) 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.
       ``(2) In the case of rulemaking involving the internal 
     revenue laws of the United States, this section applies only 
     to rules subject to section 7805(f) of the Internal Revenue 
     Code of 1986 of general applicability that substantially 
     alter or create rights or obligations of persons outside the 
     agency.
                                                                    ____


                           Amendment No. 1745

       On page 9, line 5, strike ``rule.'' and insert ``rule. This 
     subsection shall not apply to rules subject to section 
     7805(f) of the Internal Revenue Code of 1986.''
                                                                    ____


                           Amendment No. 1746

       On page 12, line 10, insert ``(other than a decision 
     relating to a rule subject to section 7805(f) of the Internal 
     Revenue Code of 1986)'' after ``(l)''.
                                                                    ____


                           Amendment No. 1747

       On page 69, line 10, strike ``petition.'' and insert 
     ``petition. In the case of a certification, analysis, or 
     failure to prepare an analysis of a rule involving the 
     internal revenue laws of the United States, a petition for 
     judicial review shall be submitted to the Administrator of 
     the Small Business Administration and shall not be in order 
     if the Administrator certifies within 30 days that such 
     petition--
       ``(I) involves a certification, analysis, or failure to 
     prepare an analysis that does not involve a material issue 
     warranting judicial review, or
       ``(II) is made for a purpose described in section 
     6702(a)(2)(B) of the Internal Revenue Code of 1986 (without 
     regard to the filing of a return).
                                 ______


                    LEVIN AMENDMENTS NOS. 1748-1769

  (Ordered to lie on the table.)
  Mr. LEVIN submitted 22 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. 1748

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


                           Amendment No. 1749

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


                           Amendment No. 1750

       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. 1751

       On page 11, strike line 5 through line 19.
                                                                    ____


                           Amendment No. 1752

       On page 12, strike line 9 through line 12.
                                                                    ____


                           Amendment No. 1753

       On page 59, strike line 10 and all that follows through 
     page 60, line 23.
                                                                    ____


                           Amendment No. 1754

       On page 44, strike line 14 and all that follows through 
     page 46, line 4.
                                                                    ____


                           Amendment No. 1755

       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.''
                                                                    ____

                                  
[[Page S 10160]]


                           Amendment No. 1756

       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.
                                                                    ____

                           Amendment No. 1757

       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. 1758

       On page 37, line 19, strike paragraph (3).
                                                                    ____


                           Amendment No. 1759

       On page 33, at the end of line 13, insert ``or repeal''.
                                                                    ____


                           Amendment No. 1760

       On page 37, line 18, strike ``; and'' and insert ``.''.
                                                                    ____


                           Amendment No. 1761

       On page 37, at the end of line 5, insert ``and''.
                                                                    ____


                           Amendment No. 1762

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


                           Amendment No. 1763

       On page 36, line 11, strike paragraph (4).
                                                                    ____


                           Amendment No. 1764

       On page 36, line 10, strike ``; and'' and substitute ``.''.
                                                                    ____


                           Amendment No. 1765

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


                           Amendment No. 1766

       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. 1767

       On page 34, line 17, after ``modify'' insert ``or repeal''.
                                                                    ____


                           Amendment No. 1768

       On page 34, line 11, after ``to amend'', insert ``or 
     repeal''.
                                                                    ____


                           Amendment No. 1769

       On page 33, line 17, strike ``or repeal''.
                                 ______


                        ROTH AMENDMENT NO. 1770

  (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:

       Insert after section 637 the following:

     ``Sec. 638. 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).
                                 ______


                       GRAHAM AMENDMENT NO. 1771

  (Ordered to lie on the table.)
  Mr. GRAHAM 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 94, insert after line 11, ``(C) an analysis of the 
     potential of flexible regulatory options, including 
     performance-based standards, to provide greater efficiency in 
     the use of national economic resources for regulation.''
                                 ______


                       GRAHAM AMENDMENT NO. 1772

  (Ordered to lie on the table.)
  Mr. GRAHAM 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 4, line 18, insert before the semicolon the 
     following: ``, including, where practicable, performance-
     based standards''.
                                 ______


                        LEVIN AMENDMENT NO. 1773

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

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC.  . SMALL BUSINESS COMPLIANCE INCENTIVES.

       (A) Short Title.--This section may be cited as the ``Small 
     Business Compliance Incentive 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 COMPLIANCE INCENTIVES

     ``Sec. 597. Definition

       ``For purposes of this subchapter, the term `small 
     business' means a person, corporation, partnership, or other 
     entity that employs 100 or fewer individuals on a company-
     wide basis.

     ``Sec. 597a. Small business compliance assistance

       ``Each regulatory agency shall establish a comprehensive 
     compliance assistance strategy consisting of such elements as 
     the provision of information, consultation, technical 
     assistance, and educational guidance. The strategy shall be 
     well publicized and disseminated to small businesses.

     ``Sec. 597b. Penalty waivers for small businesses

       ``(a) Except as provided in section 597c, each agency shall 
     ensure that its regulatory enforcement program includes--
       ``(1) a full waiver of administrative or civil judicial 
     penalties against a small business for violations that are 
     disclosed to the agency for the first time through compliance 
     assistance or other self-disclosure mechanism established by 
     the agency if--
       ``(A) the small business has made a good faith attempt to 
     comply with the law;
       ``(B) the small business is not in violation of a 
     regulatory requirement for which the small business has 
     received a warning letter, notice of violation, field 
     citation, enforcement action, or other notification from the 
     agency within the 5 years preceding the request for 
     compliance assistance;
       ``(C) the small business has not been subject to 2 or more 
     Federal or State enforcement actions for violations of the 
     same statute in the 5 years preceding the request for 
     compliance assistance;
       ``(D) the small business corrects the violations within 60 
     days or within an alternative compliance period not to exceed 
     180 days specified by the agency under which the small 
     business compliance assistance program operates, subject to 
     the condition that any agreement between the agency and the 
     small business to establish a compliance period of more than 
     60 days shall be in writing and shall set forth the steps to 
     be undertaken by the small business to achieve compliance; 
     and
       ``(E) the small business meets all other conditions for 
     waiver of penalties established under this paragraph; and
       ``(2) a partial waiver of administrative or civil judicial 
     penalties against a small business for violations that are 
     disclosed to the agency for the first time through a 
     compliance assistance program or other self-disclosure 
     mechanism established by the agency when a small business has 
     made a good faith effort to comply with all applicable 
     regulatory requirements.
       ``(b) Nothing contained in this section shall be construed 
     to--
       ``(1) require or prohibit imposition of a penalty for a 
     violation where a penalty may not be waived for a violator 
     under subsection (a) (1) or (2); or
       ``(2) discourage the development of other agency programs 
     to assist small businesses to achieve regulatory compliance.

     ``Sec. 597c. Exceptions and limitation

       ``(a) The penalty waivers in section 597b shall not apply 
     to--
       ``(1) violations--
       ``(A) that involve criminal conduct or the detection 
     thereof;
       ``(B) that have caused actual harm, or a significant threat 
     of future harm, to public health or safety, private property, 
     or the environment;
       ``(C) of a rule that involves the internal revenue laws of 
     the United States, or the assessment or collection of taxes, 
     duties, or other revenues or receipts;
       ``(D) of a rule that implements an international agreement, 
     including trade agreements, to which the United States is a 
     party;
       ``(E) of the Federal acquisition regulations;
       ``(F) that involve national security or foreign affairs 
     functions;
       ``(G) that are first disclosed through Federal, State, or 
     local enforcement inspections;
       ``(H) that are first disclosed to Federal, State, or local 
     officials by third parties;
       ``(I) that are reported to Federal, State, or local 
     officials as required by applicable regulations or permits; 
     or

[[Page S 10161]]

       ``(J) that are not within the scope of eligible violations 
     for these incentives under regulations promulgated pursuant 
     to section 597b; and
       ``(2) any injunctive, remedial, corrective, or forfeiture 
     action, or criminal enforcement authorities of any Federal 
     agency to which this subchapter applies.
       ``(b) A small business shall not be entitled to a penalty 
     waiver under section 597b regarding a particular enforcement 
     issue for 60 days after the entity has had an agency-
     initiated contact regarding such issue.''.
       (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 COMPLIANCE INCENTIVES

``Sec.
``597. Definition.
``597a. Small business compliance assistance.
``597b. Penalty waivers for small businesses.
``597c. Exceptions and limitation.''.
                                 ______


                      LIEBERMAN AMENDMENT NO. 1774

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted an amendment intended to be proposed by him 
to amendment No. 1523 proposed by Mr. Campbell to the bill S. 343, 
supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(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. This 
     paragraph shall take effect one day after the date of the 
     enactment of this subchapter;
                                 ______


                      LIEBERMAN AMENDMENT NO. 1774

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted an amendment intended to be proposed by him 
to amendment No. 1530 proposed by Mr. Campbell to the bill S. 343, 
supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(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;
                                 ______


                      LIEBERMAN AMENDMENT NO. 1776

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted an amendment intended to be proposed by him 
to amendment No. 1544 proposed by Mr. Campbell to the bill S. 343, 
supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     ``or
       ``(xiii) 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. This clause shall take effect 1 
     day after the date of the enactment of this subchapter.
                                 ______


                         KYL AMENDMENT NO. 1777

  (Ordered to lie on the table.)
  Mr. KYL submitted an amendment intended to be proposed by him to 
amendment No. 1513 proposed by Mr. Bumpers to the bill S. 343, supra; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(c) In reviewing an agency construction of a statute made 
     in a rulemaking or an adjudication, the court shall 
     independently review the interpretation without giving the 
     agency any deference and shall--
       ``(1) hold erroneous and unlawful an agency interpretation 
     that fails to give effect to the intent of Congress; or
       ``(2) if the statute is silent or ambiguous with respect to 
     a specific issue, hold arbitrary and capricious or an abuse 
     of discretion an agency action for which the agency has 
     refused to consider a permissible construction of the statute 
     or has failed to explain in a reasoned analysis why the 
     agency selected the interpretation it chose and why it 
     rejected other permissible interpretations of the statute.
       ``(d) Notwithstanding any other provision of law, the 
     provisions of subsection (c) shall apply to, and supplement, 
     the requirements contained in any statute for the review of 
     final agency action that is not otherwise subject to this 
     section.
                                 ______


                   MOYNIHAN AMENDMENTS NOS. 1778-1779

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

                           Amendment No. 1778

       At the end of the pending amendment insert the following:
       Notwithstanding any other provision of this act the 
     procedure for reviewing existing risk assessments will be as 
     follows:
       Plan for the 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, 
     after notice and public comment, 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 of 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.
       (3) provide a schedule for the review of risk assessments. 
     This schedule shall be revised as appropriate based on new 
     information received under (b)(1) and reviewed under criteria 
     developed in accordance with paragraph (b)(2).
       (c) The head of each covered agency shall review risk 
     assessments according to the schedule published by the agency 
     under paragraph (a).
                                                                    ____


                           Amendment No. 1779

       Notwithstanding any other provision of this act the 
     procedure for reviewing existing risk assessment well be as 
     follows:
       Plan for the 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, 
     after notice and public comment, 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.
       (3) provide a schedule for the review of risk assessments. 
     This schedule shall be revised as appropriate based on new 
     information received under (b)(1) and reviewed under criteria 
     developed in accordance with paragraph (b)(2).
       (c) The head of each covered agency shall review risk 
     assessments according to the schedule published by the agency 
     under paragraph (a).
                                 ______


                   STEVENS AMENDMENTS NOS. 1780-1783

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

                           Amendment No. 1780

       In lieu of the matter proposed to be inserted, insert 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 Mammography Quality Standards Act of 1992); 
     or
       ``(xiv) a rule that involves hunting under the Migratory 
     Bird Treaty Act (16 U.S.C. 703 et seq.) or fishing under the 
     Magnuson Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.).

                           Amendment No. 1781

       In lieu of the matter proposed to be inserted, insert the 
     following:

       ``(1) whether the rule is or is not a major rule within the 
     meaning of section 621(5)(A) or 621(5)(C), or has been 
     designated a major rule under subsection (b); 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) or 621(5)(C), the President or a person to whom the 
     President has delegated authority under section 642 
     (hereinafter the `President's designee') may determine that 
     the rule is a major rule or designate''.
                           Amendment No. 1782

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(B)(i) When the President or the President's designee has 
     published a determination or designation under subsection (b) 
     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. 1783

       In lieu of the matter proposed to be inserted, insert the 
     following:

     plexity of the decision and any need for expedition;

[[Page S 10162]]

       ``(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 may 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 or the President's designee under section 
     622(b) (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--
                                 ______


                DOMENICI (AND OTHERS) AMENDMENT NO. 1784

  Mr. DOMENICI (for himself, Mr. Bond, Mr. Bingaman, Mr. Cohen, Mrs. 
Hutchison, and Mr. Roth) proposed an amendment to amendment No. 1533 
proposed by Mr. Domenici to the bill, S. 343, supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

          TITLE II--AGENCY RESPONSIVENESS TO SMALL BUSINESSES

               Subtitle A--Small Business Advocacy Review

     SEC. 201. DEFINITIONS.

       For purposes of this subtitle, the following definitions 
     shall apply:
       (1) Agency.--The term ``agency'' means--
       (A) with respect to the Environmental Small Business 
     Advocacy Review Panel, the Environmental Protection Agency 
     (EPA); and
       (B) with respect to the Occupational Safety and Health 
     Small Business Advocacy Review Panel, the Occupational Safety 
     and Health Administration of the Department of Labor (OSHA).
       (2) Agency head.--The term ``agency head'' means--
       (A) with respect to the Environmental Small Business 
     Advocacy Review Panel, the Administrator of the Environmental 
     Protection Agency; and
       (B) with respect to the Occupational Safety and Health 
     Small Business Advocacy Review Panel, the Assistant Secretary 
     for Occupational Safety and Health of the Department of 
     Labor.
       (3) Chairperson.--The term ``chairperson'' means--
       (A) with respect to the Environmental Small Business 
     Advocacy Review Panel, the chairperson of such review panel 
     designated under section 202(a); and
       (B) with respect to the Occupational Safety and Health 
     Small Business Advocacy Review Panel, the chairperson of such 
     review panel designated under section 202(b).
       (4) Chief counsel for advocacy.--The term ``Chief Counsel 
     for Advocacy'' means the Chief Counsel for Advocacy of the 
     Small Business Administration.
       (5) Final rule.--The term ``final rule'' means any final 
     rule or interim final rule issued by an agency for which a 
     review panel has been established under section 202(e)(1).
       (6) Office.--The term ``Office'' means the Office of 
     Advocacy of the Small Business Administration.
       (7) Review panel.--The term ``review panel'' means--
       (A) with respect to a significant rule of the Environmental 
     Protection Agency, an Environmental Small Business Advocacy 
     Review Panel established under section 202(e)(1); and
       (B) with respect to a significant rule of the Occupational 
     Safety and Health Administration of the Department of Labor, 
     an Occupational Safety and Health Small Business Advocacy 
     Review Panel established under section 202(e)(1).
       (8) Designated representatives.--The term ``designated 
     representatives'' means individuals selected by the Chief 
     Counsel for Advocacy to make presentations to, and to engage 
     in discussions with, a review panel on behalf of small 
     entities with a common interest in the subject rulemaking, 
     including entities that are--
       (A) small businesses that would be impacted by the 
     significant rule;
       (B) small business sectors or industries that would be 
     especially impacted by the significant rule; or
       (C) organizations whose memberships are comprised of a 
     cross-section of small businesses.
       (9) Rule.--The term ``rule''--
       (A) means an agency statement of general applicability and 
     future effect, which the agency intends to
      have the force and effect of law, that is designed to 
     implement, interpret, or prescribe law or policy or to 
     describe the procedure or practice requirements of the 
     agency; and
       (B) does not include any rule that is limited to agency 
     organization, management, or personnel matters.
       (10) Significant rule.--The term ``significant rule'' has 
     the same meaning as the term ``major rule'' as defined in 
     sec. 621(5) of title 5.
       (11) Small business.--The term ``small business'' has the 
     same meaning as the term ``small business concern'' in 
     section 3 of the Small Business Act.

     SEC. 202. SMALL BUSINESS ADVOCACY CHAIRPERSONS AND 
                   ESTABLISHMENT OF REVIEW PANELS.

       (c) Chairperson of Environmental Review Panels.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall designate an employee of the 
     Environmental Protection Agency, who is a member of the 
     Senior Executive Service (as that term is defined in section 
     2101a of title 5, United States Code) and whose immediate 
     supervisor is appointed by the President, to serve as the 
     chairperson of each Environmental Small Business Advocacy 
     Review Panel and to carry out this subtitle with respect to 
     the Environmental Protection Agency.
       (2) Disability or absence.--If the employee designated to 
     serve as chairperson under paragraph (1) is unable to serve 
     as chairperson because of disability or absence, the 
     Administrator of the Environmental Protection Agency shall 
     designate another employee who meets the qualifications of 
     paragraph (1) to serve as chairperson.
       (b) Chairperson of OSHA Review Panel.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Assistant Secretary for 
     Occupational Safety and Health of the Department of Labor 
     shall designate an employee of the Occupational Safety and 
     Health Administration of the Department of Labor, who is a 
     member of the Senior Executive Service (as that term is 
     defined in section 2101a of title 5, United States Code) and 
     whose immediate supervisor is appointed by the President, to 
     serve as the chairperson of each Occupational Safety and 
     Health Small Business Advocacy Review Panel and to carry out 
     the purposes of this subtitle with respect to the 
     Occupational Safety and Health Administration.
       (2) Disability or absence.--If the employee designated to 
     serve as chairperson under paragraph (1) is unable to serve 
     as chairperson because of disability or absence, the 
     Assistant Secretary for Occupational Safety and Health of the 
     Department of Labor shall designate another employee who 
     meets the qualifications of paragraph (1) to serve as 
     chairperson.
       (c) Initial Determination and Notification.--
       (1) Timing.--The chairperson shall take the actions 
     described in paragraph (2) not later than 45 days before the 
     date of publication in the Federal Register by an agency of a 
     general notice of proposed rulemaking under section 553(b) of 
     title 5, United States Code, or any other provision of law.
       (2) Actions.--With respect to a proposed rule that is the 
     subject of a publication described in subparagraph (A) or (B) 
     of paragraph (1), the chairperson shall--
       (A) determine whether the subject proposed rule constitutes 
     a significant rule, as defined in section 201(10); and
       (B) if the proposed rule is determined to constitute a 
     significant rule, notify the Administrator of the Office of 
     Information and Regulatory Affairs within the Office of 
     Management and Budget and the Chief Counsel for Advocacy to 
     appoint review panel members for evaluation of the subject 
     significant rule, and for the Chief Counsel for Advocacy to 
     identify and select designated representatives.
       (C) provide the Chief Counsel for Advocacy with materials 
     related to the subject proposed rule. Information made 
     available to the designated representatives shall be made 
     available to the public upon request and at the cost of 
     reproduction.
       (d) Duties of the Chief Counsel for Advocacy.--
       (1) Not later than 15 days after receiving notice under 
     subsection (c)(2)(B), or such longer period as the 
     chairperson may allow, the Chief Counsel for Advocacy shall 
     identify and select not less than 2 and not more than 6 
     designated representatives for review of the subject 
     significant rule.
       (2) Not later than 45 days before the issuance of a 
     significant final rule, the Chief Counsel for Advocacy shall 
     identify and select not less than 2 and not more than 6 
     previously selected, or new, designated representatives for 
     review of the subject significant final rule.
       (e) Establishment of Review Panels.--
       (1) In general.--Not later than 15 days after receiving 
     notice under subsection (c)(2)(B), or such longer period as 
     the chairperson may allow, review panel members shall be 
     appointed by the Administrator of the Office of Information 
     and Regulatory Affairs within the Office of Management and 
     Budget, the Chief Counsel for Advocacy, and the chairperson 
     in accordance with section 203(b).
       (2) Exceptions.--A review panel shall be established in 
     accordance with paragraph (1) unless the chairperson, in 
     consultation with the Chief Counsel for Advocacy, determines 
     (and notifies the agency in writing of such determination) 
     that
       (A) a good faith effort to identify and select designated 
     representatives with respect to the subject significant rule 
     was unsuccessful; and
       (B) compliance with this subtitle is not required with 
     respect to the subject significant rule due to a lack of 
     availability of designated representatives.
       (f) Duties regarding final rule.--
       (1) In general.--Not later than 45 days before the issuance 
     of a significant final rule, the chairperson shall--

[[Page S 10163]]

       (A) notify panel members of the intent of the agency to 
     issue a final rule;
       (B) provide panel members with a dated draft of the final 
     rule to be issued;
       (C) solicit comments from panel members in connection with 
     the issues described in section 203(a);
       (D) provide the Chief Counsel for Advocacy with materials 
     related to the subject final rule. Information made available 
     to the designated representatives shall be made available to 
     the public upon request and at the cost of reproduction.
       (E) solicit comments from designated representatives in 
     connection with the issues described in section 203(a); and
       (F) if the chairperson determines that such action is 
     necessary, call one or more meetings of the review panel and, 
     if a quorum is present, direct the review panel to review, 
     discuss, or clarify any issue related to the subject final 
     rule or the preparation of the report under paragraph (2).
       (2) Report.--Except as provided in section 204(b), not 
     later than 5 days before the issuance of a final rule, the 
     chairperson shall submit a report in accordance with section 
     204(a).

     SEC. 203. SMALL BUSINESS ADVOCACY REVIEW PANELS.

       (a) General Duties.--Before any publication described in 
     subparagraph (A) or (B) of section 202(c)(1) of a proposed 
     significant rule, and again before the issuance of such rule 
     as a final rule, the review panel shall, in accordance with 
     this subtitle provide technical guidance to the agency, 
     including guidance relating to the following issues--
       (1) the applicability of the proposed rule to small 
     businesses;
       (2) compliance with the rule by small businesses;
       (3) the consistency or redundancy of the proposed rule with 
     respect to other Federal, State, and local laws or 
     regulations and recordkeeping requirement imposed on small 
     businesses; and
       (4) any other concerns posed by the proposed rule that may 
     impact significantly upon small businesses.
       (b) Membership.--Each review panel shall be composed wholly 
     of full-time officers or employees of the Federal Government, 
     and shall include--
       (1) the chairperson;
       (2) not less than 1 nor more than 3 members appointed by 
     the chairperson from among employees of the agency who would 
     be responsible for carrying out the subject significant rule;
       (3) 1 member appointed by the Administrator of the Office 
     of Information and Regulatory Affairs within the Office of 
     Management and Budget from among the employees of that office 
     who have specific knowledge of or responsibilities of the 
     agency that would be responsible for carrying out the subject 
     significant rule; and
       (4) 1 member appointed by the Chief Counsel for Advocacy 
     from among the employees of the Office.
       (c) Period of Appointment; Vacancies.--
       (1) Period of appointment.--Each review panel member, other 
     than the chairperson, shall be appointed for a term beginning 
     on the date on which the appointment is made and ending on 
     the date on which the report or written record is submitted 
     under section 204.
       (2) Vacancies.--Any vacancy on a review panel shall not 
     affect the powers of the review panel, but shall be filled in 
     the same manner as the original appointment.
       (d) Quorum.--A quorum for the conduct of business by a 
     review panel shall consist of 1 member appointed from each of 
     paragraphs (2) through (4) of subsection (b).
       (e) Meetings.--
       (1) In general.--Subject to paragraph (2), the meetings of 
     the review panel shall be at the call of the chairperson.
       (2) Initial meeting.--Not later than 15 days after all 
     review panel members necessary to constitute a quorum have 
     been appointed under section (b), the chairperson shall 
     conduct the initial meeting of the review panel.
       (f) Powers of Review Panel.--
       (1) Information from federal agencies.--A review panel may 
     secure, directly from any Federal department or agency, such 
     information as the review panel considers necessary to carry 
     out this subtitle, other than any material described in 
     section 552(b) of title 5. Upon request of the chairperson, 
     the head of such department or agency shall furnish such 
     information to the review panel.
       (2) Postal services.--A review panel may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (g) Noncompensation of Members.--Members of the review 
     panel shall serve without compensation in addition to that 
     received for their services as officers or employees of the 
     Federal Government.
       (h) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to a review panel without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (i) Consultation With Other Entities.--In carrying out this 
     subtitle, the chairperson shall consult and coordinate, to 
     the maximum extent practicable, the activities of the review 
     panel with each office of the agency that is responsible for 
     the provision of data or technical advice concerning a 
     significant rule.

     SEC. 204. REPORT.

       (a) In General.--Except as provided in subsection (b), the 
     chairperson shall, in accordance with section 202(f)(2), 
     submit to the appropriate employees of the agency who would 
     be responsible for carrying out the subject significant rule 
     and to the appropriate committees of the Senate and the House 
     of Representatives a report, which shall include--
       (1) the findings and recommendations of the review panel 
     with respect to the significant rule, including both the 
     majority and minority views of the review panel members, 
     regardless of the consensus of opinions that may derive from 
     the meetings of the review panel;
       (2) a summary of the views and recommendations of each 
     individual designated representative with respect to the 
     significant rule, including each individual designated 
     representative's recommendation with respect to whether a 
     survey should be conducted under section 205; and
       (3) recommendations of the review panel regarding whether a 
     survey with respect to the subject significant rule should be 
     conducted under section 205, and--
       (A) If so--
       (i) a timeframe during which the survey should be 
     conducted, taking into account the time required to implement 
     the rule and to gather appropriate data; and
       (ii) any recommendations of the review panel regarding the 
     contents of the survey; and
       (B) if not, the reasons why the survey is not
        recommended.
       (b) Failure to Submit Report.--If the chairperson fails to 
     submit a report under subsection (a), not later than the date 
     on which the final rule is issued, the chairperson shall--
       (1) prepare a written record of such failure detailing the 
     reasons therefore; and
       (2) submit a copy of such written record to the head of the 
     agency and to the appropriate committees of the Congress.

     SEC. 205. SURVEY.

       (a) In General.--If a review panel makes a recommendation 
     in any report submitted under section 204(a) that a survey 
     should be conducted with respect to a significant rule, the 
     agency shall contract for an independent private sector 
     survey of a cross-section of the small businesses affected by 
     the rule.
       (b) Contents of Survey.--Each survey conducted under this 
     section shall address the impact of the significant rule on 
     small businesses, including--
       (1) the applicability of the rule to various small 
     businesses;
       (2) the degree to which the rule is easy to read and 
     comprehend;
       (3) the costs to implement the rule;
       (4) any recordkeeping requirements imposed by the rule; and
       (5) any other technical or general issues related to the 
     rule.
       (c) Availability of Survey Results.--The results and costs 
     of each survey conducted under this section shall be made 
     available--
       (1) to each interested Federal agency; and
       (2) upon request, to any other interested party, including 
     organizations, individuals, State and local governments, and 
     the Congress.

     SEC. 206. JUDICIAL REVIEW.

       No action or inaction of a review panel, including any 
     recommendations or advice of a review panel or any procedure 
     or process of a review panel may be subject to judicial 
     review by a court of the United States under chapter 7 of 
     title 5, United States Code, or any other provision of law.

                    Subtitle B--Regulatory Ombudsmen

     SEC. 211. SMALL BUSINESS AND AGRICULTURE OMBUDSMEN.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by redesignating section 30 as section 31; and
       (2) by inserting after section 29 the following new 
     section:

     ``SEC. 30. OVERSIGHT OF REGULATORY ENFORCEMENT.

       ``(a) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       ``(1) Board.--The term `Board' means a Small Business 
     Regulatory Fairness Board established under subsection (c).
       ``(2) Ombudsman.--The term `ombudsman' means a Regional 
     Small Business and Agriculture Ombudsman designated under 
     subsection (b).
       ``(3) Region.--The term `region' means any area for which 
     the Administrator has established a regional office of the 
     Administration pursuant to section 4(a).
       ``(4) Rule.--The term `rule' has the same meaning as in 
     section 601(2) of title 5, United States Code.
       ``(b) Ombudsman.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Comprehensive Regulatory Reform Act of 
     1995, the Administrator shall designate
      Regional Small Business and Agriculture Ombudsmen in 
     accordance with this subsection.
       ``(2) Duties.--Each ombudsman designated under paragraph 
     (1) shall--
       ``(A) solicit and receive comments from small business 
     concerns regarding the enforcement activities of federal 
     agencies and maintain such comments on a confidential basis;
       ``(B) based on comments received under subparagraph (A), 
     annually assign and publish a small business responsiveness 
     rating to each federal agency as appropriate;
       ``(C) publish periodic reports compiling the comments 
     received under subparagraph (A);

[[Page S 10164]]

       ``(D) coordinate the activities of the Small Business 
     Regulatory Fairness Board established under subsection (c); 
     and
       ``(E) establish a toll-free telephone number to receive 
     comments from small business concerns under subparagraph 
     (A).''.

     SEC. 212. SMALL BUSINESS REGULATORY FAIRNESS BOARDS.

       Section 30 of the Small Business Act (as added by section 
     211 of this Act) is amended by adding at the end the 
     following new subsection:
       ``(c) Small Business Regulatory Fairness Boards.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Comprehensive Regulatory Reform Act of 
     1995, the Administrator shall establish in each region a 
     Small Business Regulatory Fairness Board in accordance with 
     this subsection.
       ``(2) Duties.--Each Board established under paragraph (1) 
     shall--
       ``(A) advise the ombudsman on matters of concern to small 
     business concerns relating to the enforcement activities of 
     covered agencies;
       ``(B) issue advisory findings and recommendations with 
     respect to small business concerns;
       ``(C) review and comment on, prior to publication--
       ``(i) each small business responsiveness rating assigned 
     under subsection (b)(2)(B); and
       ``(ii) each periodic report prepared under subsection 
     (b)(2)(C); and
       ``(D) prepare written opinions regarding the reasonableness 
     and understandability of rules issued by covered agencies.
       ``(3) Membership.--Each Board shall consist of five members 
     appointed by the Administrator for terms of three years.
       ``(4) Vacancies.--Any vacancy on the Board--
       ``(i) shall not affect the powers of the Board; and
       ``(ii) shall be filled in the same manner and under the 
     same terms and conditions as the original appointment.
       ``(5) Chairperson.--The Board shall select a Chairperson 
     from among the members of the Board.
       ``(6) Meetings.--
       ``(A) In general.--The Board shall meet at the call of the 
     Chairperson.
       ``(B) Initial meeting.--Not later than 90 days after the 
     date on which all members of the Board have been appointed, 
     the Board shall hold its first meeting.
       ``(7) Quorum.--A majority of the members of the Board shall 
     constitute a quorum for the conduct of business, but a lesser 
     number may hold hearings.
       ``(8) Powers of the board.--
       ``(A) Hearings.--The Board may, for the purpose of carrying 
     out the provisions of this section, hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Board determines to be 
     appropriate.
       ``(B) Witness allowances and fees.--Section 1821 of title 
     28, United States Code, shall apply to witnesses requested to 
     appear at any hearing of the Board. The per diem and mileage 
     allowances for any witness shall be paid from funds available 
     to pay the expenses of the Board.
       ``(C) Information from federal agencies.--Upon the request 
     of the Chairperson, the Board may secure directly from the 
     head of any Federal department or agency such information as 
     the Board considers necessary to
      carry out this section, other than any material described in 
     section 552(b) of title 5, United States Code.
       ``(D) Postal services.--The Board may use the United States 
     mails in the same manner and under the same conditions as 
     other departments and agencies of the Federal Government.
       ``(E) Donations.--The Board may accept, use, and dispose of 
     donations of services or property.
       ``(9) Board personnel matters.--
       ``(A) Compensation.--Members of the Board shall serve 
     without compensation.
       ``(B) Travel expenses.--Members of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Board.''.

     SEC. 213. JUDICIAL REVIEW.

       (a) Prohibition.--No action or inaction of a Regional Small 
     Business and Agriculture Ombudsman or a Small Business 
     Regulatory Fairness Board, including any recommendation or 
     advice of a Regional Small Business and Agriculture Ombudsman 
     or a Small Business Regulatory Fairness Board or any 
     procedure or process of a Regional Small Business and 
     Agriculture Ombudsman or a Small Business Regulatory Fairness 
     Board, may be subject to judicial review by a court of the 
     United States under chapter 7 of title 5, United States Code, 
     or any other provision of law.
       (b) Definition.--For purposes of this section--
       (1) the term ``Regional Small Business and Agriculture 
     Ombudsman'' means any ombudsman designated under section 
     30(b) of the Small Business Act, as added by section 211 of 
     this Act.
       (2) the term ``Small Business Regulatory Fairness Board'' 
     means any board established under section 30(c) of the Small 
     Business Act, as added by section 212 of this Act.
                                 ______


               McCAIN (AND LIEBERMAN) AMENDMENT NO. 1785

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

       At the end of the amendment and insert the following new 
     section:

     SEC.  . REPEAL OF MEDICARE AND MEDICAID COVERAGE DATA BANK.

       (A) Repeal.--
       (1) In general.--Section 13581 of the Omnibus Budget 
     Reconciliation Act of 1993 is hereby repealed.
       (2) Application of the social security act.--The Social 
     Security Act shall be applied and administered as if section 
     13581 of the Omnibus Budget Reconciliation Act of 1993 (and 
     the amendments made by such section) had not been enacted.
       (b) Study and Report.--
       (1) Study.--The Secretary of Health and Human Services 
     (hereafter in this subsection referred to as the 
     ``Secretary'') shall conduct a study on how to achieve the 
     objectives of the data bank described in section 1144 of the 
     Social Security Act (as in effect on the day before the date 
     of the enactment of this Act) in the most cost-effective 
     manner, taking into account--
       (A) the administrative burden of such data bank on private 
     sector entities and governments,
       (B) the possible duplicative reporting requirements of the 
     Health Care Financing Administration in effect on such date 
     of enactment, and
       (C) the legal ability of such entities and governments to 
     acquire the required information.
       (2) Report.--The Secretary shall report to the Congress on 
     the results of the study described in paragraph (1) by not 
     later than 180 days after the date of the enactment of this 
     Act.
                                 ______


                      ASHCROFT AMENDMENT NO. 1786

  Mr. ASHCROFT proposed an amendment 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 many government regulations is inversely related 
     to the length of time over which a site has been utilized for 
     commercial and/or industrial purposes in the past, thus 
     rendering older sites in urban areas the sites most unlikely 
     to be chosen for new development and thereby forcing new 
     development away from the
      areas most in need of economic growth and job creation; and
       (2) broad Federal regulations often have unintended social 
     and economic consequences in urban areas where such 
     regulations, among other thing--
       (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 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 title are to--
       (1) enable qualifying cities to provide for the general 
     well-being, health, safety and security for their residents 
     living in distressed areas by empowering such 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 
     designated as Urban Regulatory Relief Zones by an Economic 
     Development Commission--
       (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 the city has a 
     population greater than 200,000 according to:
       (1) the U.S. Census Bureau's 1992 estimate for city 
     populations; or
       (2) beginning six months after the enactment of this title, 
     the U.S. Census Bureau's latest estimate for city 
     populations.
       (b) Distressed Area.--Any census tract within a city shall 
     qualify as a distressed area if--

[[Page S 10165]]

       (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 parent 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 Decision.--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) the basis for the city's findings that the waiver of a 
     regulation would improve the health and safety and economic 
     well-being of the city's residents 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 Officer 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.--(1) No later than 120 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 waiver 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)).''.

                          ____________________