[Congressional Record Volume 141, Number 123 (Thursday, July 27, 1995)]
[Senate]
[Page S10833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

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            THE COMPREHENSIVE REGULATORY REFORM ACT OF 1995

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                    CHAFEE AMENDMENTS NOS. 1861-1870

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted 10 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. 1861

       On page 8, strike paragraph (4) (lines 11 through 13) and 
     insert the following:
       ``(4) an explanation of the factual conclusions upon which 
     the rule is based; and''.
                                                                    ____


                           Amendment No. 1862

       On page 11, strike lines 2 through 10 and insert the 
     following: ``give an interested person the right to petition 
     for the issuance, amendment, or repeal of a rule.''.
                                                                    ____


                           Amendment No. 1863

       On page 30, at the end of line 22, add the following: ``The 
     court shall, to the extent practicable, consolidate all 
     petitions with respect to a particular action into one 
     proceeding for that action.''.
                                                                    ____


                           Amendment No. 1864

       On page 34, strike subsection (i) with respect to 
     termination of rules (lines 20 through 25) and insert the 
     following:
       ``(i) Completion of Review.--If an agency has not completed 
     review of the rule by the deadline established under 
     subsection (b), the agency shall immediately commence a 
     rulemaking action pursuant to section 553 of this title to 
     repeal the rule and shall complete such rulemaking within 2 
     years of the deadline established under subsection (b).''.
                                                                    ____

                           Amendment No. 1865

       Beginning on page 35, strike subsections (a), (b) and (c) 
     of section 624 (page 35, line 10, through page 38, line 5) as 
     modified by the Dole Amendment No. 1496 and insert the 
     following:
       ``(a) Construction With Other Laws.--The requirements of 
     this section shall supplement, and not supersede, any other 
     decisional criteria otherwise provided by law. 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 this section and any requirement of the 
     statute authorizing the rule, such requirement of this 
     section shall not apply to the rule.
       ``(b) Requirements.--Except as provided in subsection (c), 
     no final major rule subject to this subchapter shall be 
     promulgated unless the agency head publishes in the Federal 
     Register a finding that--
       ``(1) the benefits from the rule justify the costs of the 
     rule;
       ``(2) the rule employs to the extent practicable flexible 
     reasonable alternatives of the type described in section 
     622(c)(2)(C)(iii); and
       ``(3) 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 
     (and if the agency head has a non-discretionary duty to issue 
     a rule, shall) 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. 1866

       On page 39, lines 12 and 13, strike ``may be considered by 
     the court solely for the purpose of'' and insert in lieu 
     thereof the following: ``may not be considered by the court 
     except for the purpose of''.
                                                                    ____


                           Amendment No. 1867

       On page 39, strike subsection (e) with respect to 
     interlocutory review (page 39, line 18, through page 40, line 
     7) as modified by the Nunn Amendment No. 1491.
                                                                    ____


                           Amendment No. 1868

       Strike section 636 with respect to deadlines for rulemaking 
     (page 40, line 8 through page 41, line 12) and insert the 
     following:

     ``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 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. 1869

       On page 68, line 3, insert after ``subchapter'' the 
     following: ``and the requirements of section 624''.
                                                                    ____


                           Amendment No. 1870

       Beginning on page 74, strike subparagraphs (E), (F), and 
     (G) (page 74, line 22, through page 75, line 8) and insert 
     the following:
       ``(E) unsupported by substantial evidence in a proceeding 
     subject to section 556 and 557 or otherwise reviewed on the 
     record of an agency hearing provided by statute; or
       ``(F) unwarranted by the facts to the extent that the facts 
     are subject to trial de novo by the reviewing court.''.
     

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