H. Rept. 104-39 Part 1- Regulatory Transition Act of 1995, 1995-02-16

• Date: 16 February 1995
• Type of Document: House Report
• Issuer: Committee on Government Reform and Oversight

(1)

99–006

104

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ONGRESS

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EPT

. 104–39

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HOUSE OF REPRESENTATIVES

1st SessionPart 1

REGULATORY TRANSITION ACT OF 1995

F

EBRUARY

16, 1995.—Ordered to be printed

Mr. C

LINGER

, from the Committee on Government Reform and

Oversight, submitted the following

REPORT

together with

MINORITY VIEWS

[To accompany H.R. 450]

[Including cost estimate of the Congressional Budget Office]

The Committee on Government Reform and Oversight, to whom

was referred the bill (H.R. 450) to ensure economy and efficiency

of Federal Government operations by establishing a moratorium on

regulatory rulemaking actions, and for other purposes, having con-

sidered the same, report favorably thereon with an amendment and

recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof

the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Regulatory Transition Act of 1995’’.

SEC. 2. FINDING.

The Congress finds that effective steps for improving the efficiency and proper

management of Government operations, including enactment of a new law or laws

to require (1) that the Federal rulemaking process include cost/benefit analysis, in-

cluding analysis of costs resulting from the loss of property rights, and (2) for those

Federal regulations that are subject to risk analysis and risk assessment that those

regulations undergo standardized risk analysis and risk assessment using the best

scientific and economic procedures, will be promoted if a moratorium on new rule-

making actions is imposed and an inventory of such action is conducted.

SEC. 3. MORATORIUM ON REGULATIONS.

(a) M

ORATORIUM

.—Until the end of the moratorium period, a Federal agency may

not take any regulatory rulemaking action, unless an exception is provided under

section 5. Beginning 30 days after the date of the enactment of this Act, the effec-

2

tiveness of any regulatory rulemaking action taken or made effective during the

moratorium period but before the date of the enactment shall be suspended until

the end of the moratorium period, unless an exception is provided under section 5.

(b) I

NVENTORY OF

R

ULEMAKINGS

.—Not later than 30 days after the date of the en-

actment of this Act, the President shall conduct an inventory and publish in the

Federal Register a list of all regulatory rulemaking actions covered by subsection

(a) taken or made effective during the moratorium period but before the date of the

enactment.

SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES.

(a) I

N

G

ENERAL

.—Any deadline for, relating to, or involving any action dependent

upon, any regulatory rulemaking actions authorized or required to be taken before

the end of the moratorium period is extended for 5 months or until the end of the

moratorium period, whichever is later.

(b) D

EADLINE

D

EFINED

.—The term ‘‘deadline’’ means any date certain for fulfilling

any obligation or exercising any authority established by or under any Federal stat-

ute or regulation, or by or under any court order implementing any Federal statute

or regulation.

(c) I

DENTIFICATION OF

P

OSTPONED

D

EADLINES

.—Not later than 30 days after the

date of the enactment of this Act, the President shall identify and publish in the

Federal Register a list of deadlines covered by subsection (a).

SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS.

(a) E

MERGENCY

E

XCEPTION

.—Section 3(a) or 4(a), or both, shall not apply to a reg-

ulatory rulemaking action if—

(1) the head of a Federal agency otherwise authorized to take the action sub-

mits a written request to the Administrator of the Office of Information and

Regulatory Affairs within the Office of Management and Budget and submits

a copy thereof to the appropriate committees of each House of the Congress;

(2) the Administrator of the Office of Information and Regulatory Affairs

within the Office of Management and Budget finds in writing that a waiver for

the action is (A) necessary because of an imminent threat to health or safety

or other emergency, or (B) necessary for the enforcement of criminal laws; and

(3) the Federal agency head publishes the finding and waiver in the Federal

Register.

(b) E

XCLUSIONS

.—The head of an agency shall publish in the Federal Register any

action excluded because of a certification under section 6(3)(B).

SEC. 6. DEFINITIONS.

For purposes of this Act:

(1) F

EDERAL 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 ad-

ministrative procedure).

(2) M

ORATORIUM PERIOD

.—The term ‘‘moratorium period’’ means the period of

time—(A) beginning November 20, 1994; and

(B) ending on the earlier of—

(i) the first date on which there have been enacted one or more laws

that—(I) require that the Federal rulemaking process include cost/ben-

efit analysis, including analysis of costs resulting from the loss of

property rights; and

(II) for those Federal regulations that are subject to risk analysis

and risk assessment, require that those regulations undergo stand-

ardized risk analysis and risk assessment using the best scientific

and economic procedures; or

(ii) December 31, 1995.

(3) R

EGULATORY RULEMAKING ACTION

.—

(A) I

N GENERAL

.—The term ‘‘regulatory rulemaking action’’ means any

rulemaking on any rule normally published in the Federal Register, includ-

ing— (i) the issuance of any substantive rule, interpretative rule, state-

ment of agency policy, notice of inquiry, advance notice of proposed

rulemaking, or notice of proposed rulemaking, and

(ii) any other action taken in the course of the process of rulemaking

(except a cost benefit analysis or risk assessment, or both).

(B) E

XCLUSIONS

.—The term ‘‘regulatory rulemaking action’’ does not in-

clude—

3

(i) any agency action that the head of the agency and the Adminis-

trator of the Office of Information and Regulatory Affairs within the Of-

fice of Management and Budget certify in writing is limited to repeal-

ing, narrowing, or streamlining a rule, regulation, or administrative

process or otherwise reducing regulatory burdens;

(ii) any agency action that the head of the agency and the Adminis-

trator of the Office of Information and Regulatory Affairs within the Of-

fice of Management and Budget certify in writing is limited to matters

relating to military or foreign affairs functions, statutes implementing

international trade agreements, or agency management, personnel, or

public property, loans, grants, benefits, or contracts;

(iii) any agency action that the head of the agency and the Adminis-

trator of the Office of Information and Regulatory Affairs within the Of-

fice of Management and Budget certify in writing is limited to a routine

administrative function of the agency;

(iv) any agency action that—

(I) is taken by an agency that supervises and regulates insured

depository institutions, affiliates of such institutions, credit unions,

or government sponsored housing enterprises; and

(II) the head of the agency certifies would meet the standards for

an exception or exclusion described in this Act; or

(v) any agency action that the head of the agency certifies is limited

to interpreting, implementing, or administering the internal revenue

laws of the United States.

(4) R

ULE

.—The term ‘‘rule’’ means the whole or a part of an agency statement

of general or particular applicability and future effect designed to implement,

interpret, or prescribe law or policy. Such term does not include the approval

or prescription, on a case-by-case or consolidated case basis, for the future of

rates, wages, corporation, or financial structures or reorganizations thereof,

prices, facilities, appliances, services or allowances therefor, or of valuations,

costs, or accounting, or practices bearing on any of the foregoing, nor does it

include any action taken in connection with the implementation of monetary

policy or to ensure the safety and soundness of federally insured depository in-

stitutions, any affiliate of such an institution, credit unions, or government

sponsored housing enterprises or to protect the Federal deposit insurance funds.

Such term also does not include the granting an application for a license, reg-

istration, or similar authority, granting or recognizing an exemption, granting

a variance or petition for relief from a regulatory requirement, or other action

relieving a restriction or taking any action necessary to permit new or improved

applications of technology or allow the manufacture, distribution, sale, or use

of a substance or product.

(5) R

ULEMAKING

.—The term ‘‘rulemaking’’ means agency process for formulat-

ing, amending, or repealing a rule.

(6) L

ICENSE

.—The term ‘‘license’’ means the whole or part of an agency per-

mit, certificate, approval, registration, charter, membership, statutory exemp-

tion, or other form of permission.

(7) I

MMINENT THREAT TO HEALTH OR SAFETY

.—The term ‘‘imminent threat to

health or safety’’ means the existence of any condition, circumstance, or practice

reasonably expected to cause death, serious illness, or severe injury to humans,

or substantial endangerment to private property during the moratorium period.

SEC. 7. LIMITATION ON CIVIL ACTIONS.

No private right of action may be brought against any Federal agency for a viola-

tion of this Act. This prohibition shall not affect any private right of action or rem-

edy otherwise available under any other law.

SEC. 8. RELATIONSHIP TO OTHER LAW; SEVERABILITY.

(a) A

PPLICABILITY

.—This Act shall apply notwithstanding any other provision of

law.

(b) S

EVERABILITY

.—If any provision of this Act, or the application of any provision

of this Act to any person or circumstance, is held invalid, the application of such

provision to other persons or circumstances, and the remainder of this Act, shall not

be affected thereby.

I

.

SHORT SUMMARY

The Regulatory Transition Act of 1995 (‘‘the Act’’) establishes a

moratorium on regulatory rulemaking actions by most agencies of