Summary: S.219 — 104th Congress (1995-1996)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (05/17/1995)

Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions, with certain emergency exceptions for designated imminent threats to health or safety, actions necessary for enforcement of criminal laws, and actions to establish or enforce specified civil rights.

(Sec. 3) Extends such moratorium from November 20, 1994, until the earlier of December 31, 1995, or the first date on which there have been enacted one or more laws that: (1) require the Federal rulemaking process to include cost-benefit analysis (including analysis of costs resulting from the loss of property rights); and (2) for those Federal regulations subject to risk analysis and risk assessment, require that they undergo standardized risk analysis and risk assessment using the best scientific and economic procedures.

Sets a special moratorium period for regulatory rulemaking action with respect to determining an endangered species or a threatened species, or designating a critical habitat, under the Endangered Species Act of 1973. Extends such moratorium from November 20, 1994, through the earlier of December 31, 1996, or the first date on which there has been enacted (after enactment of this Act) a law authorizing appropriations to carry out the Endangered Species Act of 1973.

Suspends (subject to emergency, criminal law enforcement, and civil rights exceptions), starting 30 days after enactment of this Act, until the end of the moratorium period, the effectiveness of any regulatory rulemaking action taken or made effective during the moratorium period but before enactment of this Act.

(Sec. 4) Extends for five months or until the end of the moratorium period, whichever is later, any statutory, regulatory, or judicial 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.

Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions taken or made effective, and any statutory, regulatory, and judicial deadlines falling, during the moratorium period but before the date of enactment of this Act.

(Sec. 6) Excludes from the meaning of rule (and so exempt from this moratorium): (1) the approval or prescription, on a case-by-case or consolidated 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; (2) any action taken in connection with the safety of aviation, the implementation of monetary policy, the safety and soundness of federally insured depository institutions (or affiliates), credit unions, or government sponsored housing enterprises, or the protection of Federal deposit insurance funds; and (3) the granting of an application for a license, registration, or similar authority, the granting or recognition of an exception, the granting of a variance or petition for relief from a regulatory requirement, or other action relieving a restriction, or any action necessary to permit new or improved applications of technology or allow the manufacture, distribution, sale, or use of a substance or product.

Specifies that moratorium-exempt agency actions to relieve restrictions include any action which establishes, modifies, or conducts a regulatory program for a recreational or subsistence activity, including but not limited to hunting, fishing, and camping, if a Federal law prohibits such activity in the absence of agency action.

(Sec. 7) Declares that no private right of action may be brought against any Federal agency for violation of this Act. States that this prohibition shall not affect any private right of action or remedy otherwise available under any other law.

(Sec. 9) Exempts from the moratorium imposed by this Act specified regulatory rulemaking actions (or any related action) dealing with: (1) textile imports; (2) customs modernization; (3) intellectual property protection and market access in China; (4) Federal Communications Commission transfer of 50 megahertz of spectrum below 5 GHz from government to private use; (5) personal communications services licenses; (6) wide-area specialized mobile radio licenses; and (7) improved trading opportunities for regional exchanges.

(Sec. 10) Delays until six months after the end of the moratorium period the effective date of any rule with respect to small businesses (with 100 or fewer employees) that resulted from a regulatory rulemaking action suspended or prohibited by this Act.