[Congressional Record Volume 141, Number 118 (Thursday, July 20, 1995)]
[Senate]
[Pages S10430-S10432]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


           THE COMPREHENSIVE REGU- LATORY REFORM ACT OF 1995

                                 ______


                  HATCH (AND ROTH) AMENDMENT NO. 1809

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

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

     ``Sec. 625. Jurisdiction and judicial review

       ``(a) Review.--Compliance or noncompliance by an agency 
     with the provisions of this subchapter and subchapter III 
     shall be subject to judicial review only in accordance with 
     this section.
       ``(b) Jurisdiction.--(1) Except as provided in subsection 
     (e), subject to paragraph (2), each court with jurisdiction 
     under a statute to review final agency action to which this 
     title applies, has jurisdiction to review any claims of 
     noncompliance with this subchapter and subchapter III.
       ``(2) Except as provided in subsection (e), no claims of 
     noncompliance with this subchapter or subchapter III shall be 
     reviewed separate or apart from judicial review of the final 
     agency action to which they relate.
       ``(c) Record.--Any analysis or review required under this 
     subchapter or subchapter III shall constitute part of the 
     rulemaking record of the final agency action to which it 
     pertains for the purposes of judicial review.
       ``(d) Standards for Review.--In any proceeding involving 
     judicial review under section 706 or under the statute 
     granting the rulemaking authority, failure to comply with 
     this subchapter or subchapter III may not be considered by 
     the court except for the purpose of determining whether the 
     final agency action is arbitrary and capricious or an abuse 
     of discretion (or unsupported by substantial evidence where 
     that standard is otherwise provided by law).
                                 ______


                  ROTH (AND HATCH) AMENDMENT NO. 1810

  (Ordered to lie on the table.)
  Mr. ROTH (for himself and Mr. Hatch) submitted an amendment intended 
to be proposed by them to the bill S. 343, supra; as follows:

       At the end of the amendment add the following:
       ``Notwithstanding any other provision of this act, 623(i), 
     625(d), 625(e) and 706(a)(2)(F) shall not be effective, and 
     the following shall apply:
       (d) Completion of Review or Repeal of Rule.--If an agency 
     has not completed review of the rule by the deadline 
     established under subsection (b), the agency shall 
     immediately commence a rulemaking action pursuant to section 
     553 of this title to repeal the rule and shall complete such 
     rulemaking within 2 years of the deadline established under 
     subsection (b).
       (e) Standards for Review.--In any proceeding involving 
     judicial review under section 706 or under the statute 
     granting the rulemaking authority, failure to comply with 
     this subchapter or subchapter III may not be considered by 
     the court except for the purpose of determining whether the 
     final agency action is arbitrary and capricious or an abuse 
     of discretion (or unsupported by substantial evidence where 
     that standard is otherwise provided by law).
                                 ______


               HATCH (AND ROTH) AMENDMENTS NOS. 1811-1814

  (Ordered to lie on the table.)
  Mr. HATCH (for himself and Mr. Roth) submitted four amendments 
intended to be proposed by them to the bill S. 343, supra; as follows:

                           Amendment No. 1811

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``Notwithstanding the provision of 623(e)(3) the following 
     shall apply:
       ``(3) A petition for review of final agency action under 
     subsection (b) or subsection (c) shall be filed not later 
     than 60 days after the agency publishes the final rule under 
     subsection (b). The court shall, to the extent practicable, 
     consolidate such actions in one proceeding.''
                                                                    ____


                           Amendment No. 1812

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``Notwithstanding section 553(l) of title 5 of the United 
     States Code, the following shall apply:
       ``(l) Rulemaking Petition.--(1) Each agency shall give an 
     interested person the right to petition for the issuance, 
     amendment, or repeal of a rule.''
                                                                    ____


                           Amendment No. 1813
       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``Notwithstanding the provisions of 624(a), the following 
     shall apply: Construction With Other Laws.--The requirements 
     of section 624 shall supplement and not supersede, any other 
     decisional criteria otherwise provided by law. If, with 
     respect to any rule to be promulgated by a Federal agency, 
     the agency cannot comply as a matter of law, both with a 
     requirement of section 624 and any requirement of the statute 
     authorizing the rule, such requirements of section 624 shall 
     not apply to the rule.''
                                                                    ____


                           Amendment No. 1814

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``Notwithstanding any provision of this Act to create a 
     subsection(c) of section 604 of Title 5 of the United States 
     Code, the following shall apply:
       (b) Regulatory Flexibility Analysis.--
       (1) Final regulatory flexibility analysis.--Section 604 of 
     title 5, United States Code, is amended by adding at the end 
     thereof the following new subsection:
       ``(c)(1) Except as provided in paragraph (2), no final rule 
     for which a final regulatory flexibility analysis is required 
     under this section shall be promulgated unless the agency 
     finds that the final rule minimizes compliance burdens on 
     small entities to the maximum extent possible, consistent 
     with the purposes of this subchapter, the objectives of the 
     rule, and the requirements of applicable statutes.
       ``(2) If an agency determines that a statute requires a 
     rule to be promulgated that does not satisfy the criterion of 
     paragraph (1), the agency shall--
       ``(A) include a written explanation of such determination 
     in the final regulatory flexibility analysis; and
       ``(B) transmit the final regulatory flexibility analysis to 
     Congress when the final rule is promulgated.''.
                                 ______


              CRAIG (AND OTHERS) AMENDMENTS NOS. 1815-1817

  (Ordered to lie on the table.)
  Mr. CRAIG (for himself, Mr. Hatch, and Mr. Roth) submitted three 
amendments intended to be proposed by them to an amendment to the bill 
S. 343, supra; as follows:

                           Amendment No. 1815

       In the matter to be inserted strike ``the agency head may 
     promulgate'' and insert in lieu thereof ``the agency head may 
     (and if the agency has a nondiscretionary duty to issue a 
     rule, shall) promulgate''.
                                                                    ____


                           Amendment No. 1816

       In lieu of the matter proposed, insert the following:
       ``Notwithstanding the provisions of section 626 of this 
     Act, the following shall apply:

     ``Sec. 626. Deadlines for rulemaking

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

[[Page S10431]]
     of this section would create an obligation to regulate through 
     individual adjudications, the deadline shall be suspended 
     until the earlier of--
       ``(1) the date on which the requirements of section 622 or 
     subchapter III are satisfied; or
       ``(2) the date occurring 6 months after the date of the 
     applicable deadline.
                                                                    ____

                           Amendment No. 1817

       In lieu of the matter proposed, insert the following:
       ``Notwithstanding Section 553(f)(4) the following Shall 
     apply; (4) A description of the factual conclusions upon 
     which the rule is based.''
                                 ______


                     NUNN AMENDMENTS NOS. 1818-1819

  (Ordered to lie on the table.)
  Mr. NUNN submitted two amendments intended to be proposed by him to 
amendment No. 1700 submitted by him to the bill S. 343, supra; as 
follows:

                           Amendment No. 1818

       On page 1, line 8 insert before the semicolon the 
     following: ``, except that this subparagraph shall not apply 
     to more than 150 such rules (or sets of closely related 
     rules) proposed by the agency during any fiscal year''.
                                                                    ____


                           Amendment No. 1819

       On page 1, line 8 insert before the semicolon the 
     following: ``, except that this subparagraph shall not apply 
     to more than 100 such rules (or sets of closely related 
     rules) proposed by the agency during any fiscal year''.
                                 ______


                     NUNN AMENDMENTS NOS. 1820-1821

  (Ordered to lie on the table.)
  Mr. NUNN submitted two amendments intended to be proposed by him to 
amendment No. 1698 submitted by him to the bill S. 343, supra; as 
follows:

                           Amendment No. 1820

       On page 1, line 8 insert before the semicolon the 
     following: ``, except that this subparagraph shall not apply 
     to more than 100 such rules (or sets of closely related 
     rules) proposed by the agency during any fiscal year''.
                                                                    ____


                           Amendment No. 1821

       On page 1, line 8 insert before the semicolon the 
     following: ``, except that this subparagraph shall not apply 
     to more than 150 such rules (or sets of closely related 
     rules) proposed by the agency during any fiscal year''.
                                 ______


                      JOHNSTON AMENDMENT NO. 1822

  (Ordered to lie on the table.)
  Mr. JOHNSTON submitted an amendment intended to be proposed by him to 
amendment No. 1574 submitted by Mr. Lautenberg to amendment No. 1487 
proposed by Mr. Dole to the bill S. 343, supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(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). 
     Nothing in this section shall be construed to require the 
     Administrator or a person to carry out a risk assessment 
     under section 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.''
                                 ______


                   BOND (AND ROBB) AMENDMENT NO. 1823

  (Ordered to lie on the table.)
  Mr. BOND (for himself and Mr. Robb) submitted an amendment to 
amendment No. 1797 submitted by Mr. Bond to amendment No. 1487 proposed 
by Mr. Dole to the bill S. 343, supra; as follows:

       On page 1 line 4, 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 entity subject to one or more human 
     health, safety or environmental rules may petition an agency 
     to modify or waive such rules. The petitioned agency is 
     authorized to enter into one or more enforceable agreements 
     establishing alternative means to demonstrate compliance, not 
     otherwise permitted by such rules, to be complied with in 
     lieu of such rules. The petition shall identify with 
     reasonable specificity, the facilities for which an 
     alternative means of compliance is sought, the rules for 
     which a modification or waiver is sought, the proposed 
     alternative means of compliance, and the proposed form of an 
     enforceable agreement.
       ``(b) Standards.--(1) The agency shall grant a petition 
     under this section if the agency determines that the 
     petitioner shows there is a reasonable likelihood that the 
     alternative means of compliance--
       (A) 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 
     subject to the petition;
       (B) 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 subject to 
     the petition; and
       (C) would not impose an undue burden on the agency 
     responsible for enforcing the agreement entered into pursuant 
     to subsection (f).
       (2) In making the determinations under this subsection, the 
     agency shall take into account any relevant cross media 
     effects of the proposed alternative means of compliance, and 
     whether the proposed alternative means of compliance would 
     transfer any significant human health, safety or 
     environmental effects between populations or geographic 
     locations.
       ``(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, which are neither designed 
     to assist the implementation of the existing method of 
     compliance nor codifications of the constitutional right to 
     petition the government,such petition shall be reviewed 
     consistent with such procedures or standards.
       ``(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 agreements.
       ``(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 subject to the petition.
       ``(f) Agreement.--Upon granting a petition under this 
     section, the agency shall propose one or more enforceable 
     agreements establishing alternative methods of compliance for 
     the facilities subject to the petition in lieu of the 
     otherwise applicable rules. Not withstanding any other 
     provision of law, such enforceable agreements may modify or 
     waive the terms of any human health safety or environmental 
     rule, including any standard, limitation, permit condition, 
     order, regulation 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 applicable rules. If 
     accepted by the owner or operator of a facility, compliance 
     with such agreement shall be deemed to be compliance with the 
     laws and rules identified in the agreement. An agreement 
     entered into under this section shall provide for enforcement 
     as if it were a provision of the rule or rules being modified 
     or waived.
       ``(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 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.
                                 ______


                  HATCH (AND LOTT) AMENDMENT NO. 1824

  (Ordered to lie on the table.)
  Mr. HATCH (for himself and Mr. Lott) submitted an amendment intended 
to be proposed by them to the bill S. 343, supra; as follows:

       In lieu of the matter proposed insert the following: ``No 
     chemical may be included on the list described in subsection 
     (c) of this section if exposures from reasonably anticipated 
     releases cannot reasonably be anticipated to cause the 
     adverse effects described in subsection (d)(2)(B) or 
     (d)(2)(C).
       ``Nothing in this section shall be construed to require the 
     Administrator or a person to carry out a risk assessment 
     under Section 633 of Title 5, US Code, or a site-specific 
     analysis to establish actual ambient concentrations or to 
     document adverse effects at any particular location.''
                                 ______

                                 
[[Page S10432]]


            THE LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1996

                                 ______


                        GRAMM AMENDMENT NO. 1825

  Mr. GRAMM proposed an amendment to the bill H.R. 1854, supra; as 
follows:

       At the appropriate place, insert the following new section:

     SEC.  . PROHIBITION ON FUNDING OF CONTRACT AWARDS BASED ON 
                   RACE, COLOR, NATIONAL ORIGIN, OR GENDER.

       (a) Prohibition.--For fiscal year 1996, none of the funds 
     made available by this Act may be used by any unit of the 
     legislative branch of the Federal Government to award any 
     Federal contract, or to require or encourage the award of any 
     subcontract, if such award is based, in whole or in part, on 
     the race, color, national origin, or gender of the contractor 
     or subcontractor.
       (b) Outreach and Recruitment Activities.--This section does 
     not limit the availability of funds for technical assistance, 
     advertising, counseling, or other outreach and recruitment 
     activities that are designed to increase the number of 
     contractors or subcontractors to be considered for any 
     contract or subcontract opportunity with the Federal 
     Government, except to the extent that the award resulting 
     from such activities is based, in whole or in part, on the 
     race, color, national origin, or gender of the contractor or 
     subcontractor.
       (c) Historically Black Colleges and Universities.--This 
     section does not limit the availability of funds for 
     activities that benefit an institution that is a historically 
     Black college or university on the basis that the institution 
     is a historically Black college or university.
       (d) Existing and Future Court Orders.--This section does 
     not prohibit or limit the availability of funds to implement 
     a--
       (1) court order or consent decree issued before the date of 
     enactment of this Act; or
       (2) court order or consent decree that--
       (A) is issued on or after the date of enactment of this 
     Act; and
       (B) provides a remedy based on a finding of discrimination 
     by a person to whom the order applies.
       (e) Existing Contracts and Subcontracts.--This section does 
     not apply with respect to any contract or subcontract entered 
     into before the date of the enactment of this Act, including 
     any option exercised under such contract or subcontract 
     before or after such date of enactment.
       (f) Definition.--As used in this section, the term 
     ``historically Black college or university'' means a part B 
     institution, as defined in section 322(2) of the Higher 
     Education Act of 1965 (20 U.S.C. 1061(2)).
                                 ______


                 MURRAY (AND OTHERS) AMENDMENT NO. 1826

  Mrs. MURRAY (for herself, Mr. Daschle, Ms. Moseley-Braun, Mr. Dodd, 
Mrs. Feinstein and Mr. Cohen) proposed an amendment to amendment No. 
1825 proposed by Mr. Gramm to the bill, H.R. 1825, supra; as follows:

       In lieu of the text proposed to be inserted, insert the 
     following: ``None of the funds made available in this Act may 
     be used for any program for the selection of Federal 
     Government contractors when such program results in the award 
     of Federal contracts to unqualified persons, in reverse 
     discrimination, or in quotas, or is inconsistent with the 
     decision of the Supreme Court of the United States in Adarand 
     Constructors, Inc. v. Pena on June 12, 1995.''

                       MURRAY AMENDMENT NO. 1827

  Mr. EXON (for Mrs. Murray) proposed an amendment to amendment No. 
1825 proposed by Mr. Gramm to the bill, H.R. 1825, supra; as follows:

       Strike all after the first word and insert: ``None of the 
     funds made available in this Act may be used for any program 
     for the selection of Federal Government contractors when such 
     program results in the award of Federal contracts to 
     unqualified persons, in reverse discrimination, or in quotas, 
     or is inconsistent with the decision of the Supreme Court of 
     the United States in Adarand Constructors, Inc. v. Pena on 
     June 12, 1995.'' This section shall be effective one day 
     after enactment.''
                                 ______


                        DOLE AMENDMENT NO. 1828

  Mr. MACK (for Mr. Dole) proposed an amendment to the bill, H.R. 1854; 
supra; as follows:

       On page 27 of the bill, strike all between lines 1-25, and 
     insert the following:

                         Capitol Guide Service

       For salaries and expenses of the Capitol Guide Service, 
     $1,628,000, to be disbursed by the Secretary of the Senate: 
     Provided, That none of these funds shall be used to employ 
     more than thirty-three individuals: Provided further, That 
     the Capitol Guide Board is authorized, during emergencies, to 
     employ not more than two additional individuals for not more 
     than one hundred twenty days each, and not more than ten 
     additional individuals for not more than six months each, for 
     the Capitol Guide Service.

                        Special Services Office

       For salaries and expenses of the Special Services Office, 
     $363,000, to be disbursed by the Secretary of the Senate.
                                 ______


                 SIMON (AND OTHERS) AMENDMENT NO. 1829

  Mr. MACK (for Mr. Simon for himself, Mr. Reid, Mr. Simpson, Mr. Lott 
and Ms. Moseley-Braun) proposed an amendment to the bill, H.R. 1854; 
supra, as follows:

       At the appropriate place, insert the following new section:

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

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


              LIEBERMAN (AND GRASSLEY) AMENDMENT NO. 1830

  Mr. MACK (for Mr. Lieberman, for himself, and Mr. Grassley) proposed 
an amendment to the bill, H.R. 1854; supra; as follows:

       At the end of Sec. 308(b)(2) insert:
       (c) The amendments made by this section shall take effect 
     only if the Administrative Conference of the United States 
     ceases to exist prior to the completion and submission of the 
     study to the Board as required by Section 230 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1371).
                                 ______


                      BINGAMAN AMENDMENT NO. 1831

  Mr. MACK (for Mr. Bingaman) proposed an amendment to the bill, H.R. 
1854; supra; as follows:

       At the end of the bill, add the following:
       Sec.  . (a) The head of each agency with responsibility for 
     the maintenance and operation of facilities funded under this 
     Act shall take all actions necessary to achieve during fiscal 
     year 1996 a 5-percent reduction in facilities energy costs 
     from fiscal year 1995 levels. The head of each such agency 
     shall transmit to the Treasury of the United States the total 
     amount of savings achieved under this subsection, and the 
     amount transmitted shall be used to reduce the deficit.
       (b) The head of each agency described in subsection (a) 
     shall report to the Congress not later than December 31, 
     1996, on the results of the actions taken under subsection 
     (a), together with any recommendations as to how to further 
     reduce energy costs and energy consumption in the future. 
     Each report shall specify the agency's total facilities 
     energy costs and shall identify the reductions achieved and 
     specify the actions that resulted in such reductions.
                                 ______


                        MACK AMENDMENT NO. 1832

  Mr. MACK proposed an amendment to the bill, H.R. 1854; supra; as 
follows:

       On page 60, line 1, strike all through the period on line 
     17.

                          ____________________