[Congressional Record Volume 141, Number 116 (Tuesday, July 18, 1995)]
[Senate]
[Pages S10245-S10250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


            THE COMPREHENSIVE REGULATORY REFORM ACT OF 1995

                                 ______


              HUTCHISON (AND ASHCROFT) AMENDMENT NO. 1789

  Mrs. HUTCHISON (for herself and Mr. Ashcroft) proposed an amendment 
to amendment No. 1786 proposed by Mr. Ashcroft to the bill (S. 343) to 
reform the regulatory process, and for other purposes; as follows:

       In lieu of the matter proposed to be added, add the 
     following:

               ``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 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) enable qualifying cites to provide for the general 
     well-being, ealth, 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 distressed area if--
       (1) 33 percent or more of the resident population in the 
     census tract is below the poverty line; or
       (2) 45 percent or more of out-of-school males aged 16 and 
     over in the census tract worked less than 26 weeks in the 
     preceding year; or
       (3) 36 percent or more families with children under age 18 
     in the census tract have an unmarried 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 

[[Page S 10246]]
     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) 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 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 applicant 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 waiver 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 Administration 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)).

     SEC. 209. EFFECTIVE DATE.

       The provisions of this title shall become effective one day 
     after the date of enactment.''.
                                 ______


                        GLENN AMENDMENT NO. 1790

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

       On page 59, delete entire section 634, ``petition for 
     review of a major freestanding risk assessment''.
       Insert in lieu thereof:

     SEC. 634. 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).
                                 ______


                  GLENN (AND LEVIN) AMENDMENT NO. 1791

  (Ordered to lie on the table.)
  Mr. GLENN (for himself and Mr. Levin) 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:


[[Page S 10247]]

       On page 25, line 23, through page 35, line 8, strike text 
     and insert in lieu thereof the following:

     ``Sec. 623. Agency regulatory review

       ``(a)(1) Not late than 1 year after the date of the 
     enactment of this section, and every 5 years thereafter, the 
     head of each agency shall publish in the Federal Register a 
     notice of proposed rulemaking under section 553 that contains 
     a preliminary schedule of rules selected for review under 
     this section by the head of the agency and in the sole 
     discretion of the heard of the agency, and request public 
     comment thereon, including suggestions for additional rules 
     warranting review. The agency shall allow at least 180 days 
     for public comment.
       ``(2) The preliminary schedule under this subsection shall 
     propose deadlines for review of each rule listed thereon, and 
     such deadlines shall occur not later than 11 years from the 
     date of publication of the preliminary schedule.
       ``(3) In selecting rules and establishing deadlines for the 
     preliminary schedule, the head of the agency shall consider 
     the extent to which, in the judgment of the head of the 
     agency--
       ``(A) a rule is unnecessary, and the agency has discretion 
     under the statute authorizing the rule to repeal the rule;
       ``(B) the benefits of the rule do not justify its costs or 
     the rule does not achieve the rulemaking objectives in a 
     cost-effective manner;
       ``(C) a rule could be revised in a manner allowed by the 
     statute authorizing the rule so as to--
       ``(i) substantially decrease costs;
       ``(ii) substantially increase benefits; or
       ``(iii) provide greater flexibility for regulated entities, 
     through mechanisms including, but not limited to, those 
     listed in section 622(c)(2)(C)(iii);
       ``(D) the importance of each rule relative to other rules 
     being reviewed under this section; or
       ``(E) the resources expected to be available to the agency 
     to carry out the reviews under this section.
       ``(b)(1) Not later than 1 year after publication of a 
     preliminary schedule under subsection (a), the head of each 
     agency shall publish a final rule that establishes a schedule 
     of rules to be reviewed by the agency under this section.
       ``(2) The schedule shall establish a deadline for 
     completion of the review of each rule listed on the schedule, 
     taking into account the criteria in subsection (a)(3) and 
     comments received in the rulemaking under subsection (a). 
     Each such deadline shall occur not later than 11 years from 
     the date of publication of the preliminary schedule.
       ``(3) The head of the agency shall modify the agency's 
     schedule under this section to reflect any change contained 
     in an appropriations Act under subsection (d).
       ``(c)(1) Notwithstanding section 623 and except as provided 
     otherwise in this subsection, judicial review of agency 
     action taken pursuant to the requirements of this section 
     shall be limited to review of compliance or noncompliance 
     with the requirements of this section.
       ``(2) Agency decisions to place, or decline to place, a 
     rule on the schedule, and the deadlines for completion of a 
     rule, shall not be subject to judicial review.
       ``(d)(1) The President's annual budget proposal submitted 
     under section 1105(a) of title 31 for each agency subject to 
     this section shall--
       ``(A) identify as a separate sum the amount requested to be 
     appropriated for implementation of this section during the 
     upcoming fiscal year; and
       ``(B) include a list of rules which may be subject to 
     subsection (e)(3) during the year for which the budget 
     proposal is made.
       ``(2) Amendments to the schedule under subsection (b) to 
     place a rule on the schedule for review or change a deadline 
     for review of a rule may be included in annual appropriations 
     Act for the relevant agencies. An authorizing committee with 
     jurisdiction may recommend, to the House of Representatives 
     or Senate appropriations committee as the case may be), such 
     amendments. The appropriations committee to which such 
     amendments have been submitted may include the amendments in 
     the annual appropriations Act for the relevant agency. Each 
     agency shall modify its schedule under subsection (b) to 
     reflect such amendments that are enacted into law.
       ``(e)(1) For each rule on the schedule under subsection 
     (b), the agency shall--
       ``(A) not later than 2 years before the deadline in such 
     schedule, publish in the Federal Register a notice that 
     solicits public comment regarding whether the rule should be 
     continued, amended, or repealed;
       ``(B) not later than 1 year before the deadline in such 
     schedule, publish in the Federal Register a notice that--
       ``(i) addresses public comments generated by the notice in 
     subparagraph (A);
       ``(ii) contains a preliminary analysis provided by the 
     agency of whether the rule is a major rule, and if so, 
     whether the benefits of the rule justify its costs;
       ``(iii) contains a preliminary determination as to whether 
     the rule should be continued, amended, or repealed; and
       ``(iv) solicits public comment on the preliminary 
     determination for the rule; and
       ``(C) not later than 60 days before the deadline in such 
     schedule, publish in the Federal Register a final notice on 
     the rule that--
       ``(i) addresses public comments generated by the notice in 
     subparagraph (B); and
       ``(ii) contains a final determination of whether to 
     continue, amend, or repeal the rule;
       ``(iii) if the agency determines to continue the rule and 
     the rule is a major rule, describes a final analysis as to 
     whether the benefits of the rule justify its costs; and
       ``(iv) if the agency determines to amend or repeal the 
     rule, contains a notice of proposed rulemaking under section 
     553.
       ``(2) If the final determination of the agency is to 
     continue the rule, that determination shall take effect 60 
     days after the publication in the Federal Register of the 
     notice in paragraph (1)(C).
       ``(3) If the final determination of the agency is to 
     continue the rule, and the agency has concluded that the 
     benefits do not justify the costs, the agency shall transmit 
     to the appropriate committees of Congress the cost-benefit 
     analysis and a statement of the agency's reasons for 
     continuing the rule.
       ``(f) If an agency makes a determination to amend or repeal 
     a major rule under subsection (e)(1)(C)(ii), the agency shall 
     complete final agency action with regard to such rule not 
     later than 2 years of the date of publication of the notice 
     in subsection (e)(1)(C) containing such determination. 
     Nothing in this subsection shall limit the discretion of an 
     agency to decide, after having proposed to modify a major 
     rule, not to promulgate such modification. Such decision 
     shall constitute final agency action for the purposes of 
     judicial review.
       ``(g) If an agency has not completed review of the rule by 
     the deadline established under subsection (b), the agency 
     shall immediately commence a rulemaking action pursuant to 
     section 553 of this title to repeal the rule and shall 
     complete such rulemaking within 2 years of the deadline 
     established under subsection (b).
       ``(h)(1) The final determination of an agency to continue a 
     rule under subsection (e)(1)(C) shall be considered final 
     agency action.
       ``(2) Failure to promulgate an amended major rule or to 
     make other decisions required by subsection (g) by the date 
     established under such subsection shall be subject to 
     judicial review pursuant to section 706(1) of this title.
                                 ______


                     ROTH AMENDMENTS NOS. 1792-1794

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

                           Amendment No. 1792

       On page 35, line 23, strike all down through page 38, line 
     5, and insert in lieu thereof the following:
       ``(3) the rule adopts the most cost-effective alternative 
     of the reasonable alternatives that achieve the objectives of 
     the statute.
       ``(c) Alternative Requirements.--If, applying the statutory 
     requirements upon which the rule is based, a rule cannot 
     satisfy the criteria of subsection (b), the agency head may 
     promulgate the rule if the agency head finds that--
       ``(1) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii); and
       ``(2) the rule adopts the most cost-effective alternative 
     of the reasonable alternatives that achieve the objectives of 
     the statute.''
                                                                    ____


                           Amendment No. 1793

       On page 35, line 23, strike all down through page 38, line 
     5, and insert in lieu thereof the following:
       ``(3) the rule adopts the alternative with greater net 
     benefits than the other reasonable alternatives that achieve 
     the objectives of the statute.
       ``(c) Alternative Requirements.--If, applying the statutory 
     requirements upon which the rule is based, a rule cannot 
     satisfy the criteria of subsection (b), the agency head may 
     promulgate the rule if the agency head finds that--
       ``(1) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii); and
       ``(2) the rule adopts the alternative with the least net 
     cost of the reasonable alternatives that achieve the 
     objectives of the statute.''
                                                                    ____


                           Amendment No. 1794

       On page 56, delete lines 17-21 and insert in lieu thereof 
     the following:
       ``(2) The head of an agency shall place the nature and 
     magnitude of risks to human health, safety, and the 
     environment being analyzed in context, including appropriate 
     comparisons with other risks that are familiar to, and 
     routinely encountered by, the general public.''
                                 ______

                 SHELBY (AND OTHERS) AMENDMENT NO. 1795

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

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

[[Page S 10248]]


     SEC.   . SMALL BUSINESS REGULATORY BILL OF RIGHTS.

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

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

     ``Sec. 597. Definition

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

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

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

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

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

     ``Sec. 597c. Exceptions and limitation

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

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

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


                      LIEBERMAN AMENDMENT NO. 1796

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted an amendment intended to be proposed by him 
to amendment No. 1573 submitted by Mr. Bond to the bill S. 343, supra; 
as follows:

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

     ``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 to that 
     of the rule.
       ``(c) No later than the date on which the petitioner 
     submits the petition to the agency, the petitioner shall in
      form 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.
                                 ______


               BOND (AND ROBB) AMENDMENTS NOS. 1797-1798

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

                           Amendment No. 1797

       On page 44, line 14, strike everything after ``section 
     629'' through page 46, line 4, and insert in lieu thereof the 
     following:

     ``Petition for alternative means of compliance

       ``(a) In General.--Any person may petition an agency to 
     modify or waive one or 

[[Page S 10249]]
     more rules or requirements applicable to one or more facilities owned 
     or operated by such person. The agency is authorized to enter 
     into an enforceable agreement establishing methods of 
     compliance, not otherwise permitted by such rules or 
     requirements, to be complied with in lieu of such rules or 
     requirements. The petition shall identify with reasonable 
     specificity, each facility for which an alternative means of 
     compliance is sought, the rules and requirements for which a 
     modification or waiver is sought and the proposed alternative 
     means of compliance and means to verify compliance and for 
     communication with the public. Where a state has delegated 
     authority to operate a federal program within the state, or 
     is authorized to operate a state program in lieu of an 
     otherwise applicable federal program, the relevant agency 
     shall delegate, if the state so requests, its authority under 
     its authority under this section to the state.
       ``(b) Standards.--The agency shall grant the petition if 
     the state in which the facility is located agrees to any 
     alternative means of compliance with respect to rules or 
     requirements over which such state has delegated authority to 
     operate a federal program, or is authorized to operate a 
     state program in lieu of an otherwise applicable federal 
     program, and the agency determines that the petitioner has 
     demonstrated that there is a reasonable likelihood that the 
     alternative means of compliance--
       (1) would achieve an overall level of protection of health, 
     safety and the environment at least substantially equivalent 
     to or exceeding the level of protection provided by the rules 
     or requirements subject to the petition;
       (2) would provide a degree of public access to information, 
     and of accountability and enforceability, at least 
     substantially equivalent to the degree provided by the rules 
     and requirements subject to the petition; and
       (3) would not impose an undue burden on the agency 
     responsible for enforcing the agreement entered into pursuant 
     to subsection (f).
       ``(c) Other Procedures.--If the statute authorizing a rule 
     subject to a petition under this section provides specific 
     available procedures or standards allowing an alternative 
     means of compliance for such rule, such petition shall be 
     reviewed consistent with such procedures or standards, unless 
     the head of the agency for good cause finds that reviewing 
     the petition in solely accordance with subsection (b) is in 
     the public interest.
       ``(d) Public Notice and Input.--No later than the date on 
     which the petitioner submits the petition to the agency, the 
     petitioner shall inform the public of the submission of such 
     petition (including a brief description of the petition) 
     through publication of a notice in the newspapers of general 
     circulation in the area in which the facility or facilities 
     are located. Agencies may authorize or require petitioners to 
     use additional or alternative means of informing the public 
     of the submission of such petitions. If the agency proposes 
     to grant the petition, the agency shall provide public notice 
     and opportunity to comment on the petition and on any 
     proposed enforceable agreement.
       ``(e) Deadline and Limitation on Subsequent Petitions.--A 
     decision
      to grant or deny a petition under this subsection shall be 
     made no later than 240 days after a complete petition is 
     submitted. Following a decision to deny a petition under 
     this section, no petition, submitted by the same person, 
     may be granted unless it applies to a different facility, 
     or it is based on a change in a fact, circumstance, or 
     provision of law underlying or otherwise related to the 
     rules or requirements subject to the petition.
       ``(f) Agreement.--Upon granting a petition under this 
     section, the agency shall propose to the petitioner an 
     enforceable agreement establishing alternative methods of 
     compliance for the facility in lieu of the otherwise 
     applicable rules or requirements and identifying such rules 
     and requirements. Not withstanding any other provision of 
     law, such enforceable agreement may modify or waive the terms 
     of any rule or requirement, including any standard, 
     limitation, permit, order, regulations or other requirement 
     issued by the agency consistent with the requirements of 
     subsection (b) and (c), provided that the state in which the 
     facility is located agrees to any modification or waiver of a 
     rule or requirement over which such state has delegated 
     authority to operate a federal program within the state, or 
     is authorized to operate a state program in lieu of an 
     otherwise applicable federal program. If accepted by the 
     petitioner, compliance with such agreement shall be deemed to 
     be compliance with the laws and rules identified in the 
     agreement. The agreement shall contain appropriate mechanisms 
     to assure compliance including money damages and injunctive 
     relief, for violations of the agreement. The agreement may 
     provide the state in which the facility is located with 
     rights equivalent to the agency with respect to one or more 
     provisions of the agreement.
       ``(g) NEPA Nonapplicability.--Approval of an alternative 
     means of compliance under this section by an agency shall not 
     be considered a major Federal action for purposes of the 
     National Environmental Policy Act.
       ``(h) Judicial Review.--A decision to grant or deny a 
     petition, or to enter into an enforceable agreement, under 
     this section shall be not be subject to judicial review.
       ``(i) Savings Clause.--A decision to grant or deny a 
     petition or enter into an enforceable agreement shall not 
     create any obligation on an agency to modify and regulation. 
     Nothing in this section shall be construed to diminish the 
     level of protection of public health, safety or the 
     environmental required by statute.
                                                                    ____


                           Amendment No. 1798
       On page 1, line 5, strike everything through the end of the 
     amendment and insert in lieu thereof the following:

     ``Petition for alternative means of compliance

       ``(a) In General.--Any person may petition an agency to 
     modify or waive one or more rules or requirements applicable 
     to one or more facilities owned or operated by such person. 
     The agency is authorized to enter into an enforceable 
     agreement establishing methods of compliance, not otherwise 
     permitted by such rules or requirements, to be complied with 
     in lieu of such rules or requirements. The petition shall 
     identify with reasonable specificity, each facility for which 
     an alternative means of compliance is sought, the rules and 
     requirements for which a modification or waiver is sought and 
     the proposed alternative means of compliance and means to 
     verify compliance and for communication with the public. 
     Where a state had delegated authority to operate a federal 
     program within the state, or is authorized to operate a state 
     program in lieu of any otherwise applicable federal program, 
     the relevant agency shall delegate, if the state so requests, 
     its authority under its authority under this section to the 
     state.
       ``(b) Standards.--The agency shall grant the petition if 
     the state in which the facility is located agrees to any 
     alternative means of compliance with respect to rules or 
     requirements over which such state has delegated authority to 
     operate a federal program, or is authorized to operate a 
     state program in lieu of an otherwise applicable federal 
     program, and the agency determines that the petitioner had 
     demonstrated that there is a reasonable likelihood that the 
     alternative means of compliance--
       (1) would achieve an overall level of protection of health, 
     safety and the environment at least substantially equivalent 
     to or exceeding the level of protection provided by rules or 
     requirements subject to the petition;
       (2) would provide a degree of public access to information, 
     and of accountability and enforceability, at least 
     substantially equivalent to the degree provided by the rules 
     and requirements subject to the petition; and
       (3) would not impose an undue burden on the agency 
     responsible for enforcing the agreement entered into pursuant 
     to subsection (f).
       ``(c) Other Procedures.--If the statute authorizing a rule 
     subject to a petition under this section provides specific 
     available procedures or standards allowing an alternative 
     means of compliance for such rule, such petition shall be 
     reviewed consistent with such procedures or standards, unless 
     the head of the agency for good cause finds that reviewing 
     the petition in solely accordance with subsection (b) is in 
     the public interest.
       ``(d) Public Notice and Input.--No later than the date on 
     which the petitioner submits the petition to the agency, the 
     petitioner shall inform the public of the submission of such 
     petition (including a brief description of the petition) 
     through publication of a notice in the newspapers of general 
     circulation in the area in which the facility or facilities 
     are located. Agencies may authorize or require petitioners to 
     use additional or alternative means of informing the public 
     of the submission of such petitions. If the agency proposes 
     to grant the petition, the agency shall provide notice and 
     opportunity to comment on the petition and on any proposed 
     enforceable agreement.
       ``(e) Deadline and Limitation on Subsequent Petitions.--A 
     decision to grant or deny a petition under this subsection 
     shall be made no later than 240 days after a complete 
     petition is submitted. Following a decision to deny a 
     petition under this section, no petition, submitted by the 
     same person, may be granted unless it applies to a different 
     facility, or it is based on a change in a fact, circumstance, 
     or provision of law underlying or otherwise related to the 
     rules or requirements subject to the petition.
       ``(f) Agreement.--Upon granting a petition under this 
     section, the agency shall propose to the petitioner an 
     enforceable agreement establishing alternative methods of 
     compliance for the facility in lieu of the otherwise 
     applicable rules or requirements and identifying such rules 
     and requirements. Notwithstanding any other provision of law, 
     such enforceable agreement may modify or waive the terms of 
     any rule or requirement, including any standard, limitation, 
     permit, order, regulations or other requirement issued by the 
     agency consistent with the requirements of subsections (b) 
     and (c), provided that the state in which the facility is 
     located agrees to any modification or waiver of a rule or 
     requirement over which such state has delegated authority to 
     operate a federal program within the state, or is authorized 
     to operate a state program in lieu of an otherwise applicable 
     federal program. If accepted by the petitioner, compliance 
     with such agreement shall be deemed to be compliance with the 
     laws and rules identified in the agreement. The agreement 
     shall contain appropriate mechanisms to assure compliance 
     including money damages and injunctive relief, for violations 
     of the agreement. The agreement may provide the state in 
     which the facility is located with rights equivalent to the 
     agency with respect to one or more provisions of the 
     agreement.
       ``(g) NEPA Nonapplicability.--Approval of an alternative 
     means of compliance under 

[[Page S 10250]]
     this section by an agency shall not be considered a major Federal 
     action for purposes of the National Environmental Policy Act.
       ``(h) Judicial Review.--A decision to grant or deny a 
     petition, or to enter into an enforceable agreement, under 
     this section shall not be subject to judicial review.
       ``(i) Savings Clause.--A decision to grant or deny a 
     petition or enter into an enforceable agreement shall not 
     create any obligation on an agency to modify any regulation. 
     Nothing in this section shall be construed to diminish the 
     level of protection of public health, safety or the 
     environment required by statute.
                                 ______


                   JOHNSTON AMENDMENTS NOS. 1799-1800

  (Ordered to lie on the table)
  Mr. JOHNSTON submitted two amendments intended to be proposed by him 
to amendment No. 1574 submitted by Mr. Lautenberg to the bill S. 343, 
supra; as follows:

                           Amendment No. 1799

       In lieu of the matter to be inserted, insert the following:
       ``(d) Toxics Release Inventory Standards.--Section 313(d) 
     of the Emergency Planning and Community Right-to-Know Act of 
     1986 (42 U.S.C. 11023(d)) is amended by adding the following 
     to the end of paragraph (2):
       ``No chemical may be included on the list described in 
     subsection (c) of this section, if the chemical has low 
     toxicity to human health or the environment and if only under 
     unrealistic exposures would such chemical pose one or more of 
     the hazards described in subsection (d)(2)(B) or (d)(2)(C) 
     beyond facility site boundaries. Nothing in this section 
     shall be construed to require the Administrator or a person 
     to carry out a risk assessment under 633 of title 5, United 
     States Code, to carry out a site-specific analysis to 
     establish actual ambient concentrations, or to document 
     adverse effects at any particular location.''
       (e) Technical and Conforming Amendments.--
       (1) Chapter analysis.--Part I of title 5, United States 
     Code, is amended by striking the chapter heading and table of 
     sections for chapter 6 and inserting the following:

           ``CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS

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

               ``Subchapter II--Analysis of Agency Rules

``621. Definitions.
``622. Rulemaking cost-benefit analysis.
``623. Agency regulatory review.
``624. Decisional criteria.
``625. Jurisdiction and judicial review.
``626. Deadlines for rulemaking.
``627. Special rule.
``628. Petition for Alternative Method of Compliance.
                   ``Subchapter III--Risk Assessments

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

                  ``Subchapter IV--Executive Oversight

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

``SUBCHAPTER I--REGULATORY ANALYSIS''.
                                                                    ____


                           Amendment No. 1800

       Strike out subsection 625(e) (page 39, lines 18-24 and page 
     40, lines 1-7).

                          ____________________