[Pages S10245-S10250]
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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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).

____________________