[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3136 Enrolled Bill (ENR)]
H.R.3136
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide for enactment of the Senior Citizens' Right to Work Act of
1996, the Line Item Veto Act, and the Small Business Growth and Fairness
Act of 1996, and to provide for a permanent increase in the public debt
limit.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Contract with America Advancement
Act of 1996''.

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This title may be cited as the ``Senior Citizens' Right to Work Act
of 1996''.

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TITLE I

-SOCIAL SECURITY EARNINGS LIMITATION AMENDMENTS

SECURITY EARNINGS LIMIT.
(a) Increase in Monthly Exempt Amount for Individuals Who Have
Attained Retirement Age.--Section 203(f)(8)(D) of the Social Security
Act (42 U.S.C. 403(f)(8)(D)) is amended to read as follows:
``(D) Notwithstanding any other provision of this subsection,
the exempt amount which is applicable to an individual who has
attained retirement age (as defined in section 216(l)) before the
close of the taxable year involved shall be--
``(i) for each month of any taxable year ending after 1995
and before 1997, $1,041.66\2/3\,
``(ii) for each month of any taxable year ending after 1996
and before 1998, $1,125.00,
``(iii) for each month of any taxable year ending after
1997 and before 1999, $1,208.33\1/3\,
``(iv) for each month of any taxable year ending after 1998
and before 2000, $1,291.66\2/3\,
``(v) for each month of any taxable year ending after 1999
and before 2001, $1,416.66\2/3\,
``(vi) for each month of any taxable year ending after 2000
and before 2002, $2,083.33\1/3\, and
``(vii) for each month of any taxable year ending after
2001 and before 2003, $2,500.00.''.
(b) Conforming Amendments.--
(1) Section 203(f)(8)(B)(ii) of such Act (42 U.S.C.
403(f)(8)(B)(ii)) is amended--
(A) by striking ``the taxable year ending after 1993 and
before 1995'' and inserting ``the taxable year ending after
2001 and before 2003 (with respect to individuals described in
subparagraph (D)) or the taxable year ending after 1993 and
before 1995 (with respect to other individuals)''; and
(B) in subclause (II), by striking ``for 1992'' and
inserting ``for 2000 (with respect to individuals described in
subparagraph (D)) or 1992 (with respect to other
individuals)''.
(2) The second sentence of section 223(d)(4)(A) of such Act (42
U.S.C. 423(d)(4)(A)) is amended by striking ``the exempt amount
under section 203(f)(8) which is applicable to individuals
described in subparagraph (D) thereof'' and inserting the
following: ``an amount equal to the exempt amount which would be
applicable under section 203(f)(8), to individuals described in
subparagraph (D) thereof, if section 102 of the Senior Citizens'
Right to Work Act of 1996 had not been enacted''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to taxable years ending after 1995.

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(a) Authorization for Appropriations for Continuing Disability
Reviews.--Section 201(g)(1)(A) of the Social Security Act (42 U.S.C.
401(g)(1)(A)) is amended by adding at the end the following: ``Of the
amounts authorized to be made available out of the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund under the preceding sentence, there are hereby authorized to
be made available from either or both of such Trust Funds for
continuing disability reviews--
``(i) for fiscal year 1996, $260,000,000;
``(ii) for fiscal year 1997, $360,000,000;
``(iii) for fiscal year 1998, $570,000,000;
``(iv) for fiscal year 1999, $720,000,000;
``(v) for fiscal year 2000, $720,000,000;
``(vi) for fiscal year 2001, $720,000,000; and
``(viii) for fiscal year 2002, $720,000,000.
For purposes of this subparagraph, the term `continuing disability
review' means a review conducted pursuant to section 221(i) and a
review or disability eligibility redetermination conducted to determine
the continuing disability and eligibility of a recipient of benefits
under the supplemental security income program under title XVI,
including any review or redetermination conducted pursuant to section
207 or 208 of the Social Security Independence and Program Improvements
Act of 1994 (Public Law 103-296).''.
(b) Adjustment to Discretionary Spending Limits.--Section 251(b)(2)
of the Balanced Budget and Emergency Deficit Control Act of 1985 is
amended by adding the following new subparagraph:
``(H) Continuing disability reviews.--(i) Whenever a bill
or joint resolution making appropriations for fiscal year 1996,
1997, 1998, 1999, 2000, 2001, or 2002 is enacted that specifies
an amount for continuing disability reviews under the heading
`Limitation on Administrative Expenses' for the Social Security
Administration, the adjustments for that fiscal year shall be
the additional new budget authority provided in that Act for
such reviews for that fiscal year and the additional outlays
flowing from such amounts, but shall not exceed--
``(I) for fiscal year 1996, $15,000,000 in additional
new budget authority and $60,000,000 in additional outlays;
``(II) for fiscal year 1997, $25,000,000 in additional
new budget authority and $160,000,000 in additional
outlays;
``(III) for fiscal year 1998, $145,000,000 in
additional new budget authority and $370,000,000 in
additional outlays;
``(IV) for fiscal year 1999, $280,000,000 in additional
new budget authority and $520,000,000 in additional
outlays;
``(V) for fiscal year 2000, $317,500,000 in additional
new budget authority and $520,000,000 in additional
outlays;
``(VI) for fiscal year 2001, $317,500,000 in additional
new budget authority and $520,000,000 in additional
outlays; and
``(VII) for fiscal year 2002, $317,500,000 in
additional new budget authority and $520,000,000 in
additional outlays.
``(ii) As used in this subparagraph--
``(I) the term `continuing disability reviews' has the
meaning given such term by section 201(g)(1)(A) of the
Social Security Act;
``(II) the term `additional new budget authority' means
new budget authority provided for a fiscal year, in excess
of $100,000,000, for the Supplemental Security Income
program and specified to pay for the costs of continuing
disability reviews attributable to the Supplemental
Security Income program; and
``(III) the term `additional outlays' means outlays, in
excess of $200,000,000 in a fiscal year, flowing from the
amounts specified for continuing disability reviews under
the heading `Limitation on Administrative Expenses' for the
Social Security Administration, including outlays in that
fiscal year flowing from amounts specified in Acts enacted
for prior fiscal years (but not before 1996).''.
(c) Budget Allocation Adjustment by Budget Committee.--Section 606
of the Congressional Budget and Impoundment Control Act of 1974 is
amended by adding the following new subsection:
``(e) Continuing Disability Review Adjustment.--
``(1) In general.--(A) For fiscal year 1996, upon the enactment
of the Contract with America Advancement Act of 1996, the Chairmen
of the Committees on the Budget of the Senate and House of
Representatives shall make the adjustments referred to in
subparagraph (C) to reflect $15,000,000 in additional new budget
authority and $60,000,000 in additional outlays for continuing
disability reviews (as defined in section 201(g)(1)(A) of the
Social Security Act).
``(B) When the Committee on Appropriations reports an
appropriations measure for fiscal year 1997, 1998, 1999, 2000,
2001, or 2002 that specifies an amount for continuing disability
reviews under the heading `Limitation on Administrative Expenses'
for the Social Security Administration, or when a conference
committee submits a conference report thereon, the Chairman of the
Committee on the Budget of the Senate or House of Representatives
(whichever is appropriate) shall make the adjustments referred to
in subparagraph (C) to reflect the additional new budget authority
for continuing disability reviews provided in that measure or
conference report and the additional outlays flowing from such
amounts for continuing disability reviews.
``(C) The adjustments referred to in this subparagraph consist
of adjustments to--
``(i) the discretionary spending limits for that fiscal
year as set forth in the most recently adopted concurrent
resolution on the budget;
``(ii) the allocations to the Committees on Appropriations
of the Senate and the House of Representatives for that fiscal
year under sections 302(a) and 602(a); and
``(iii) the appropriate budgetary aggregates for that
fiscal year in the most recently adopted concurrent resolution
on the budget.
``(D) The adjustments under this paragraph for any fiscal year
shall not exceed the levels set forth in section 251(b)(2)(H) of
the Balanced Budget and Emergency Deficit Control Act of 1985 for
that fiscal year. The adjusted discretionary spending limits,
allocations, and aggregates under this paragraph shall be
considered the appropriate limits, allocations, and aggregates for
purposes of congressional enforcement of this Act and concurrent
budget resolutions under this Act.
``(2) Reporting revised suballocations.--Following the
adjustments made under paragraph (1), the Committees on
Appropriations of the Senate and the House of Representatives may
report appropriately revised suballocations pursuant to sections
302(b) and 602(b) of this Act to carry out this subsection.
``(3) Definitions.--As used in this section, the terms
`continuing disability reviews', `additional new budget authority',
and `additional outlays' shall have the same meanings as provided
in section 251(b)(2)(H)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.''.
(d) Use of Funds and Reports.--
(1) In general.--The Commissioner of Social Security shall
ensure that funds made available for continuing disability reviews
(as defined in section 201(g)(1)(A) of the Social Security Act) are
used, to the greatest extent practicable, to maximize the combined
savings in the old-age, survivors, and disability insurance,
supplemental security income, Medicare, and medicaid programs.
(2) Report.--The Commissioner of Social Security shall provide
annually (at the conclusion of each of the fiscal years 1996
through 2002) to the Congress a report on continuing disability
reviews which includes--
(A) the amount spent on continuing disability reviews in
the fiscal year covered by the report, and the number of
reviews conducted, by category of review;
(B) the results of the continuing disability reviews in
terms of cessations of benefits or determinations of continuing
eligibility, by program; and
(C) the estimated savings over the short-, med- ium-, and
long-term to the old-age, survivors, and disability insurance,
supplemental security income, Medicare, and medicaid programs
from continuing disability reviews which result in cessations
of benefits and the estimated present value of such savings.
(e) Office of Chief Actuary in the Social Security
Administration.--
(1) In general.--Section 702 of the Social Security Act (42
U.S.C. 902) is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection:
``CHIEF ACTUARY
``(c)(1) There shall be in the Administration a Chief Actuary, who
shall be appointed by, and in direct line of authority to, the
Commissioner. The Chief Actuary shall be appointed from individuals who
have demonstrated, by their education and experience, superior
expertise in the actuarial sciences. The Chief Actuary shall serve as
the chief actuarial officer of the Administration, and shall exercise
such duties as are appropriate for the office of the Chief Actuary and
in accordance with professional standards of actuarial independence.
The Chief Actuary may be removed only for cause.
``(2) The Chief Actuary shall be compensated at the highest rate of
basic pay for the Senior Executive Service under section 5382(b) of
title 5, United States Code.''.
(2) Effective date of subsection.--The amendments made by this
subsection shall take effect on the date of the enactment of this
Act.

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BASED ON ACTUAL DEPENDENCY ON STEPPARENT SUPPORT.
(a) Requirement of Actual Dependency for Future Entitlements.--
(1) In general.--Section 202(d)(4) of the Social Security Act
(42 U.S.C. 402(d)(4)) is amended by striking ``was living with
or''.
(2) Effective date.--The amendment made by paragraph (1) shall
apply with respect to benefits of individuals who become entitled
to such benefits for months after the third month following the
month in which this Act is enacted.
(b) Termination of Child's Insurance Benefits Based on Work Record
of Stepparent Upon Natural Parent's Divorce From Stepparent.--
(1) In general.--Section 202(d)(1) of the Social Security Act
(42 U.S.C. 402(d)(1)) is amended--
(A) by striking ``or'' at the end of subparagraph (F);
(B) by striking the period at the end of subparagraph (G)
and inserting ``; or''; and
(C) by inserting after subparagraph (G) the following new
subparagraph:
``(H) if the benefits under this subsection are based on the
wages and self-employment income of a stepparent who is
subsequently divorced from such child's natural parent, the month
after the month in which such divorce becomes final.''.
(2) Notification.--Section 202(d) of such Act (42 U.S.C.
402(d)) is amended by adding the following new paragraph:
``(10) For purposes of paragraph (1)(H)--
``(A) each stepparent shall notify the Commissioner of Social
Security of any divorce upon such divorce becoming final; and
``(B) the Commissioner shall annually notify any stepparent of
the rule for termination described in paragraph (1)(H) and of the
requirement described in subparagraph (A).''.
(3) Effective dates.--
(A) The amendments made by paragraph (1) shall apply with
respect to final divorces occurring after the third month
following the month in which this Act is enacted.
(B) The amendment made by paragraph (2) shall take effect
on the date of the enactment of this Act.

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(a) Amendments Relating to Title II Disability Benefits.--
(1) In general.--Section 223(d)(2) of the Social Security Act
(42 U.S.C. 423(d)(2)) is amended by adding at the end the
following:
``(C) An individual shall not be considered to be disabled for
purposes of this title if alcoholism or drug addiction would (but
for this subparagraph) be a contributing factor material to the
Commissioner's determination that the individual is disabled.''.
(2) Representative payee requirements.--
(A) Section 205(j)(1)(B) of such Act (42 U.S.C.
405(j)(1)(B)) is amended to read as follows:
``(B) In the case of an individual entitled to benefits based on
disability, the payment of such benefits shall be made to a
representative payee if the Commissioner of Social Security determines
that such payment would serve the interest of the individual because
the individual also has an alcoholism or drug addiction condition (as
determined by the Commissioner) and the individual is incapable of
managing such benefits.''.
(B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C.
405(j)(2)(C)(v)) is amended by striking ``entitled to
benefits'' and all that follows through ``under a disability''
and inserting ``described in paragraph (1)(B)''.
(C) Section 205(j)(2)(D)(ii)(II) of such Act (42 U.S.C.
405(j)(2)(D)(ii)(II)) is amended by striking all that follows
``15 years, or'' and inserting ``described in paragraph
(1)(B).''.
(D) Section 205(j)(4)(A)(i)(II) of such Act (42 U.S.C.
405(j)(4)(A)(ii)(II)) is amended by striking ``entitled to
benefits'' and all that follows through ``under a disability''
and inserting ``described in paragraph (1)(B)''.
(3) Treatment referrals for individuals with an alcoholism or
drug addiction condition.--Section 222 of such Act (42 U.S.C. 422)
is amended by adding at the end the following new subsection:
``TREATMENT REFERRALS FOR INDIVIDUALS WITH AN ALCOHOLISM OR DRUG
ADDICTION CONDITION
``(e) In the case of any individual whose benefits under this title
are paid to a representative payee pursuant to section 205(j)(1)(B),
the Commissioner of Social Security shall refer such individual to the
appropriate State agency administering the State plan for substance
abuse treatment services approved under subpart II of part B of title
XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''.
(4) Conforming amendment.--Subsection (c) of section 225 of
such Act (42 U.S.C. 425(c)) is repealed.
(5) Effective dates.--
(A) The amendments made by paragraphs (1) and (4) shall
apply to any individual who applies for, or whose claim is
finally adjudicated by the Commissioner of Social Security with
respect to, benefits under title II of the Social Security Act
based on disability on or after the date of the enactment of
this Act, and, in the case of any individual who has applied
for, and whose claim has been finally adjudicated by the
Commissioner with respect to, such benefits before such date of
enactment, such amendments shall apply only with respect to
such benefits for months beginning on or after January 1, 1997.
(B) The amendments made by paragraphs (2) and (3) shall
apply with respect to benefits for which applications are filed
after the third month following the month in which this Act is
enacted.
(C) Within 90 days after the date of the enactment of this
Act, the Commissioner of Social Security shall notify each
individual who is entitled to monthly insurance benefits under
title II of the Social Security Act based on disability for the
month in which this Act is enacted and whose entitlement to
such benefits would terminate by reason of the amendments made
by this subsection. If such an individual reapplies for
benefits under title II of such Act (as amended by this Act)
based on disability within 120 days after the date of the
enactment of this Act, the Commissioner of Social Security
shall, not later than January 1, 1997, complete the entitlement
redetermination (including a new medical determination) with
respect to such individual pursuant to the procedures of such
title.
(b) Amendments Relating to SSI Benefits.--
(1) In general.--Section 1614(a)(3) of the Social Security Act
(42 U.S.C. 1382c(a)(3)) is amended by adding at the end the
following:
``(I) Notwithstanding subparagraph (A), an individual shall not be
considered to be disabled for purposes of this title if alcoholism or
drug addiction would (but for this subparagraph) be a contributing
factor material to the Commissioner's determination that the individual
is disabled.''.
(2) Representative payee requirements.--
(A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 U.S.C.
1383(a)(2)(A)(ii)(II)) is amended to read as follows:
``(II) In the case of an individual eligible for benefits under
this title by reason of disability, the payment of such benefits shall
be made to a representative payee if the Commissioner of Social
Security determines that such payment would serve the interest of the
individual because the individual also has an alcoholism or drug
addiction condition (as determined by the Commissioner) and the
individual is incapable of managing such benefits.''.
(B) Section 1631(a)(2)(B)(vii) of such Act (42 U.S.C.
1383(a)(2)(B)(vii)) is amended by striking ``eligible for
benefits'' and all that follows through ``is disabled'' and
inserting ``described in subparagraph (A)(ii)(II)''.
(C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 U.S.C.
1383(a)(2)(B)(ix)(II)) is amended by striking all that follows
``15 years, or'' and inserting ``described in subparagraph
(A)(ii)(II).''.
(D) Section 1631(a)(2)(D)(i)(II) of such Act (42 U.S.C.
1383(a)(2)(D)(i)(II)) is amended by striking ``eligible for
benefits'' and all that follows through ``is disabled'' and
inserting ``described in subparagraph (A)(ii)(II)''.
(3) Treatment referrals for individuals with an alcoholism or
drug addiction condition.--Title XVI of such Act (42 U.S.C. 1381 et
seq.) is amended by adding at the end the following new section:
``TREATMENT REFERRALS FOR INDIVIDUALS WITH AN ALCOHOLISM OR DRUG
ADDICTION CONDITION
``Sec. 1636. In the case of any individual whose benefits under
this title are paid to a representative payee pursuant to section
1631(a)(2)(A)(ii)(II), the Commissioner of Social Security shall refer
such individual to the appropriate State agency administering the State
plan for substance abuse treatment services approved under subpart II
of part B of title XIX of the Public Health Service Act (42 U.S.C.
300x-21 et seq.).''.
(4) Conforming amendments.--
(A) Section 1611(e) of such Act (42 U.S.C. 1382(e)) is
amended by striking paragraph (3).
(B) Section 1634 of such Act (42 U.S.C. 1383c) is amended
by striking subsection (e).
(5) Effective dates.--
(A) The amendments made by paragraphs (1) and (4) shall
apply to any individual who applies for, or whose claim is
finally adjudicated by the Commissioner of Social Security with
respect to, supplemental security income benefits under title
XVI of the Social Security Act based on disability on or after
the date of the enactment of this Act, and, in the case of any
individual who has applied for, and whose claim has been
finally adjudicated by the Commissioner with respect to, such
benefits before such date of enactment, such amendments shall
apply only with respect to such benefits for months beginning
on or after January 1, 1997.
(B) The amendments made by paragraphs (2) and (3) shall
apply with respect to supplemental security income benefits
under title XVI of the Social Security Act for which
applications are filed after the third month following the
month in which this Act is enacted.
(C) Within 90 days after the date of the enactment of this
Act, the Commissioner of Social Security shall notify each
individual who is eligible for supplemental security income
benefits under title XVI of the Social Security Act for the
month in which this Act is enacted and whose eligibility for
such benefits would terminate by reason of the amendments made
by this subsection. If such an individual reapplies for
supplemental security income benefits under title XVI of such
Act (as amended by this Act) within 120 days after the date of
the enactment of this Act, the Commissioner of Social Security
shall, not later than January 1, 1997, complete the eligibility
redetermination (including a new medical determination) with
respect to such individual pursuant to the procedures of such
title.
(D) For purposes of this paragraph, the phrase
``supplemental security income benefits under title XVI of the
Social Security Act'' includes supplementary payments pursuant
to an agreement for Federal administration under section
1616(a) of the Social Security Act and payments pursuant to an
agreement entered into under section 212(b) of Public Law 93-
66.
(c) Conforming Amendment.--Section 201(c) of the Social Security
Independence and Program Improvements Act of 1994 (42 U.S.C. 425 note)
is repealed.
(d) Supplemental Funding for Alcohol and Substance Abuse Treatment
Programs.--
(1) In general.--Out of any money in the Treasury not otherwise
appropriated, there are hereby appropriated to supplement State and
Tribal programs funded under section 1933 of the Public Health
Service Act (42 U.S.C. 300x-33), $50,000,000 for each of the fiscal
years 1997 and 1998.
(2) Additional funds.--Amounts appropriated under paragraph (1)
shall be in addition to any funds otherwise appropriated for
allotments under section 1933 of the Public Health Service Act (42
U.S.C. 300x-33) and shall be allocated pursuant to such section
1933.
(3) Use of Funds.--A State or Tribal government receiving an
allotment under this subsection shall consider as priorities, for
purposes of expending funds allotted under this subsection,
activities relating to the treatment of the abuse of alcohol and
other drugs.

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INFORMATION TO RECIPIENTS OF OLD-AGE AND SURVIVORS
INSURANCE BENEFITS.
(a) In General.--During a 2-year period beginning as soon as
practicable in 1996, the Commissioner of Social Security shall conduct
a pilot study of the efficacy of providing certain individualized
information to recipients of monthly insurance benefits under section
202 of the Social Security Act, designed to promote better
understanding of their contributions and benefits under the social
security system. The study shall involve solely beneficiaries whose
entitlement to such benefits first occurred in or after 1984 and who
have remained entitled to such benefits for a continuous period of not
less than 5 years. The number of such recipients involved in the study
shall be of sufficient size to generate a statistically valid sample
for purposes of the study, but shall not exceed 600,000 beneficiaries.
(b) Annualized Statements.--During the course of the study, the
Commissioner shall provide to each of the beneficiaries involved in the
study one annualized statement, setting forth the following
information:
(1) an estimate of the aggregate wages and self-employment
income earned by the individual on whose wages and self-employment
income the benefit is based, as shown on the records of the
Commissioner as of the end of the last calendar year ending prior
to the beneficiary's first month of entitlement;
(2) an estimate of the aggregate of the employee and self-
employment contributions, and the aggregate of the employer
contributions (separately identified), made with respect to the
wages and self-employment income on which the benefit is based, as
shown on the records of the Commissioner as of the end of the
calendar year preceding the beneficiary's first month of
entitlement; and
(3) an estimate of the total amount paid as benefits under
section 202 of the Social Security Act based on such wages and
self-employment income, as shown on the records of the Commissioner
as of the end of the last calendar year preceding the issuance of
the statement for which complete information is available.
(c) Inclusion With Matter Otherwise Distributed to Beneficiaries.--
The Commissioner shall ensure that reports provided pursuant to this
section are, to the maximum extent practicable, included with other
reports currently provided to beneficiaries on an annual basis.
(d) Report to the Congress.--The Commissioner shall report to each
House of the Congress regarding the results of the pilot study
conducted pursuant to this section not later than 60 days after the
completion of such study.

de040da3b29c99fbf590bf4fc3bbbcd2197953f9854c28c34d63af8f3b1a1f81

(a) In General.--Part A of title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by adding at the end the following new
section:
``PROTECTION OF SOCIAL SECURITY AND MEDICARE TRUST FUNDS
``Sec. 1145. (a) In General.--No officer or employee of the United
States shall--
``(1) delay the deposit of any amount into (or delay the credit
of any amount to) any Federal fund or otherwise vary from the
normal terms, procedures, or timing for making such deposits or
credits,
``(2) refrain from the investment in public debt obligations of
amounts in any Federal fund, or
``(3) redeem prior to maturity amounts in any Federal fund
which are invested in public debt obligations for any purpose other
than the payment of benefits or administrative expenses from such
Federal fund.
``(b) Public Debt Obligation.--For purposes of this section, the
term `public debt obligation' means any obligation subject to the
public debt limit established under section 3101 of title 31, United
States Code.
``(c) Federal Fund.--For purposes of this section, the term
`Federal fund' means--
``(1) the Federal Old-Age and Survivors Insurance Trust Fund;
``(2) the Federal Disability Insurance Trust Fund;
``(3) the Federal Hospital Insurance Trust Fund; and
``(4) the Federal Supplementary Medical Insurance Trust
Fund.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.

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Section 703(i) of the Social Security Act (42 U.S.C. 903(i)) is
amended in the first sentence by inserting after ``Staff Director'' the
following: ``, and three professional staff members one of whom shall
be appointed from among individuals approved by the members of the
Board who are not members of the political party represented by the
majority of the Board,''.

c104dd68952a8bda9c786f9be15a3e5913808019dc587bc514eac2406e9e13ef

This title may be cited as the ``Small Business Regulatory
Enforcement Fairness Act of 1996''.

7a96b1da9f760d20d276e7388387b58d0f48dff3fe53cdd17c0018a35b83c037

TITLE II

-SMALL BUSINESS REGULATORY FAIRNESS

Congress finds that--
(1) a vibrant and growing small business sector is critical to
creating jobs in a dynamic economy;
(2) small businesses bear a disproportionate share of
regulatory costs and burdens;
(3) fundamental changes that are needed in the regulatory and
enforcement culture of Federal agencies to make agencies more
responsive to small business can be made without compromising the
statutory missions of the agencies;
(4) three of the top recommendations of the 1995 White House
Conference on Small Business involve reforms to the way government
regulations are developed and enforced, and reductions in
government paperwork requirements;
(5) the requirements of chapter 6 of title 5, United States
Code, have too often been ignored by government agencies, resulting
in greater regulatory burdens on small entities than necessitated
by statute; and
(6) small entities should be given the opportunity to seek
judicial review of agency actions required by chapter 6 of title 5,
United States Code.

038d27c97bd2f09db1b004ed66cdf14ebdfadb3658eeb9e17580dadf5e205109

The purposes of this title are--
(1) to implement certain recommendations of the 1995 White
House Conference on Small Business regarding the development and
enforcement of Federal regulations;
(2) to provide for judicial review of chapter 6 of title 5,
United States Code;
(3) to encourage the effective participation of small
businesses in the Federal regulatory process;
(4) to simplify the language of Federal regulations affecting
small businesses;
(5) to develop more accessible sources of information on
regulatory and reporting requirements for small businesses;
(6) to create a more cooperative regulatory environment among
agencies and small businesses that is less punitive and more
solution-oriented; and
(7) to make Federal regulators more accountable for their
enforcement actions by providing small entities with a meaningful
opportunity for redress of excessive enforcement activities.
Subtitle A--Regulatory Compliance Simplification

b9b7b939776744ac3e33d0cd05b204f8e0513cf9270e20bb11a9e3a6a0a6d067

For purposes of this subtitle--
(1) the terms ``rule'' and ``small entity'' have the same
meanings as in section 601 of title 5, United States Code;
(2) the term ``agency'' has the same meaning as in section 551
of title 5, United States Code; and
(3) the term ``small entity compliance guide'' means a document
designated as such by an agency.

b63796da0f3723b8c2de71fc90ce97e3cc41a2dfc7e221ebdc4744b0c73688e6

(a) Compliance Guide.--For each rule or group of related rules for
which an agency is required to prepare a final regulatory flexibility
analysis under section 604 of title 5, United States Code, the agency
shall publish one or more guides to assist small entities in complying
with the rule, and shall designate such publications as ``small entity
compliance guides''. The guides shall explain the actions a small
entity is required to take to comply with a rule or group of rules. The
agency shall, in its sole discretion, taking into account the subject
matter of the rule and the language of relevant statutes, ensure that
the guide is written using sufficiently plain language likely to be
understood by affected small entities. Agencies may prepare separate
guides covering groups or classes of similarly affected small entities,
and may cooperate with associations of small entities to develop and
distribute such guides.
(b) Comprehensive Source of Information.--Agencies shall cooperate
to make available to small entities through comprehensive sources of
information, the small entity compliance guides and all other available
information on statutory and regulatory requirements affecting small
entities.
(c) Limitation on Judicial Review.--An agency's small entity
compliance guide shall not be subject to judicial review, except that
in any civil or administrative action against a small entity for a
violation occurring after the effective date of this section, the
content of the small entity compliance guide may be considered as
evidence of the reasonableness or appropriateness of any proposed
fines, penalties or damages.

73867cee6e231ef7bb0f3408b80d34d14d2cc98957bfce7274c16f016bf09b3c

(a) General.--Whenever appropriate in the interest of administering
statutes and regulations within the jurisdiction of an agency which
regulates small entities, it shall be the practice of the agency to
answer inquiries by small entities concerning information on, and
advice about, compliance with such statutes and regulations,
interpreting and applying the law to specific sets of facts supplied by
the small entity. In any civil or administrative action against a small
entity, guidance given by an agency applying the law to facts provided
by the small entity may be considered as evidence of the reasonableness
or appropriateness of any proposed fines, penalties or damages sought
against such small entity.
(b) Program.--Each agency regulating the activities of small
entities shall establish a program for responding to such inquiries no
later than 1 year after enactment of this section, utilizing existing
functions and personnel of the agency to the extent practicable.
(c) Reporting.--Each agency regulating the activities of small
business shall report to the Committee on Small Business and Committee
on Governmental Affairs of the Senate and the Committee on Small
Business and Committee on the Judiciary of the House of Representatives
no later than 2 years after the date of the enactment of this section
on the scope of the agency's program, the number of small entities
using the program, and the achievements of the program to assist small
entity compliance with agency regulations.

dea2a6ea62973be128de89560f6235a7c12b11d135a740cbe02cc4fd6d39c1b1

(a) Section 21(c)(3) of the Small Business Act (15 U.S.C.
648(c)(3)) is amended--
(1) in subparagraph (O), by striking ``and'' at the end;
(2) in subparagraph (P), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after subparagraph (P) the following new
subparagraphs:
``(Q) providing information to small business concerns
regarding compliance with regulatory requirements; and
``(R) developing informational publications, establishing
resource centers of reference materials, and distributing
compliance guides published under section 312(a) of the Small
Business Regulatory Enforcement Fairness Act of 1996.''.
(b) Nothing in this Act in any way affects or limits the ability of
other technical assistance or extension programs to perform or continue
to perform services related to compliance assistance.

9eb7dc94b15567b12cd41e3801271c1f94bf1fea8b370fb84ab7b168fa0ae8e8

Agencies may, to the extent resources are available and where
appropriate, in cooperation with the States, develop guides that fully
integrate requirements of both Federal and State regulations where
regulations within an agency's area of interest at the Federal and
State levels impact small entities. Where regulations vary among the
States, separate guides may be created for separate States in
cooperation with State agencies.

cf87541127cab8eefd2db495c60113fd3a1aaf6fea756cbfda2c9a90e055a197

This subtitle and the amendments made by this subtitle shall take
effect on the expiration of 90 days after the date of enactment of this
subtitle.
Subtitle B--Regulatory Enforcement Reforms

7082ed527f5e771b2e50df65873f1ce48a693380bce29ca5d468a6caf874a1ee

The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 30 as section 31; and
(2) by inserting after section 29 the following new section:
``SEC. 30. OVERSIGHT OF REGULATORY ENFORCEMENT.
``(a) Definitions.--For purposes of this section, the term--
``(1) `Board' means a Regional Small Business Regulatory
Fairness Board established under subsection (c); and
``(2) `Ombudsman' means the Small Business and Agriculture
Regulatory Enforcement Ombudsman designated under subsection (b).
``(b) SBA Enforcement Ombudsman.--
``(1) Not later than 180 days after the date of enactment of
this section, the Administrator shall designate a Small Business
and Agriculture Regulatory Enforcement Ombudsman, who shall report
directly to the Administrator, utilizing personnel of the Small
Business Administration to the extent practicable. Other agencies
shall assist the Ombudsman and take actions as necessary to ensure
compliance with the requirements of this section. Nothing in this
section is intended to replace or diminish the activities of any
Ombudsman or similar office in any other agency.
``(2) The Ombudsman shall--
``(A) work with each agency with regulatory authority over
small businesses to ensure that small business concerns that
receive or are subject to an audit, on-site inspection,
compliance assistance effort, or other enforcement related
communication or contact by agency personnel are provided with
a means to comment on the enforcement activity conducted by
such personnel;
``(B) establish means to receive comments from small
business concerns regarding actions by agency employees
conducting compliance or enforcement activities with respect to
the small business concern, means to refer comments to the
Inspector General of the affected agency in the appropriate
circumstances, and otherwise seek to maintain the identity of
the person and small business concern making such comments on a
confidential basis to the same extent as employee identities
are protected under section 7 of the Inspector General Act of
1978 (5 U.S.C. App.);
``(C) based on substantiated comments received from small
business concerns and the Boards, annually report to Congress
and affected agencies evaluating the enforcement activities of
agency personnel including a rating of the responsiveness to
small business of the various regional and program offices of
each agency;
``(D) coordinate and report annually on the activities,
findings and recommendations of the Boards to the Administrator
and to the heads of affected agencies; and
``(E) provide the affected agency with an opportunity to
comment on draft reports prepared under subparagraph (C), and
include a section of the final report in which the affected
agency may make such comments as are not addressed by the
Ombudsman in revisions to the draft.
``(c) Regional Small Business Regulatory Fairness Boards.--
``(1) Not later than 180 days after the date of enactment of
this section, the Administrator shall establish a Small Business
Regulatory Fairness Board in each regional office of the Small
Business Administration.
``(2) Each Board established under paragraph (1) shall--
``(A) meet at least annually to advise the Ombudsman on
matters of concern to small businesses relating to the
enforcement activities of agencies;
``(B) report to the Ombudsman on substantiated instances of
excessive enforcement actions of agencies against small
business concerns including any findings or recommendations of
the Board as to agency enforcement policy or practice; and
``(C) prior to publication, provide comment on the annual
report of the Ombudsman prepared under subsection (b).
``(3) Each Board shall consist of five members, who are owners,
operators, or officers of small business concerns, appointed by the
Administrator, after receiving the recommendations of the chair and
ranking minority member of the Committees on Small Business of the
House of Representatives and the Senate. Not more than three of the
Board members shall be of the same political party. No member shall
be an officer or employee of the Federal Government, in either the
executive branch or the Congress.
``(4) Members of the Board shall serve at the pleasure of the
Administrator for terms of three years or less.
``(5) The Administrator shall select a chair from among the
members of the Board who shall serve at the pleasure of the
Administrator for not more than 1 year as chair.
``(6) A majority of the members of the Board shall constitute a
quorum for the conduct of business, but a lesser number may hold
hearings.
``(d) Powers of the Boards.
``(1) The Board may hold such hearings and collect such
information as appropriate for carrying out this section.
``(2) The Board may use the United States mails in the same
manner and under the same conditions as other departments and
agencies of the Federal Government.
``(3) The Board may accept donations of services necessary to
conduct its business, provided that the donations and their sources
are disclosed by the Board.
``(4) Members of the Board shall serve without compensation,
provided that, members of the Board shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
Board.''.

3a75195a6d1ca46a4425ca373330aaba6469d3684ccaf43aebe407f6bf47834d

(a) In General.--Each agency regulating the activities of small
entities shall establish a policy or program within 1 year of enactment
of this section to provide for the reduction, and under appropriate
circumstances for the waiver, of civil penalties for violations of a
statutory or regulatory requirement by a small entity. Under
appropriate circumstances, an agency may consider ability to pay in
determining penalty assessments on small entities.
(b) Conditions and Exclusions.--Subject to the requirements or
limitations of other statutes, policies or programs established under
this section shall contain conditions or exclusions which may include,
but shall not be limited to--
(1) requiring the small entity to correct the violation within
a reasonable correction period;
(2) limiting the applicability to violations discovered through
participation by the small entity in a compliance assistance or
audit program operated or supported by the agency or a State;
(3) excluding small entities that have been subject to multiple
enforcement actions by the agency;
(4) excluding violations involving willful or criminal conduct;
(5) excluding violations that pose serious health, safety or
environmental threats; and
(6) requiring a good faith effort to comply with the law.
(c) Reporting.--Agencies shall report to the Committee on Small
Business and Committee on Governmental Affairs of the Senate and the
Committee on Small Business and Committee on Judiciary of the House of
Representatives no later than 2 years after the date of enactment of
this section on the scope of their program or policy, the number of
enforcement actions against small entities that qualified or failed to
qualify for the program or policy, and the total amount of penalty
reductions and waivers.

ee23c8904d87f08b8351e7c8bd6bba8e6d07ebd510d74db8f05b9cbdf3e75dde

This subtitle and the amendments made by this subtitle shall take
effect on the expiration of 90 days after the date of enactment of this
subtitle.
Subtitle C--Equal Access to Justice Act Amendments

49d064c16feea983d2dc9c8ee0a80e8545f6c9cf07720a700f531e611c75979a

(a) Section 504(a) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(4) If, in an adversary adjudication arising from an agency
action to enforce a party's compliance with a statutory or regulatory
requirement, the demand by the agency is substantially in excess of the
decision of the adjudicative officer and is unreasonable when compared
with such decision, under the facts and circumstances of the case, the
adjudicative officer shall award to the party the fees and other
expenses related to defending against the excessive demand, unless the
party has committed a willful violation of law or otherwise acted in
bad faith, or special circumstances make an award unjust. Fees and
expenses awarded under this paragraph shall be paid only as a
consequence of appropriations provided in advance.''.
(b) Section 504(b) of title 5, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``$75'' and inserting
``$125'';
(2) at the end of paragraph (1)(B), by inserting before the
semicolon ``or for purposes of subsection (a)(4), a small entity as
defined in section 601'';
(3) at the end of paragraph (1)(D), by striking ``and'';
(4) at the end of paragraph (1)(E), by striking the period and
inserting ``; and''; and
(5) at the end of paragraph (1), by adding the following new
subparagraph:
``(F) `demand' means the express demand of the agency which led
to the adversary adjudication, but does not include a recitation by
the agency of the maximum statutory penalty (i) in the
administrative complaint, or (ii) elsewhere when accompanied by an
express demand for a lesser amount.''.

88148b3c230ed262b4d85fee76e67906fdd0785e917b76c63f3aef63f2d4b626

(a) Section 2412(d)(1) of title 28, United States Code, is amended
by adding at the end the following new subparagraph:
``(D) If, in a civil action brought by the United States or a
proceeding for judicial review of an adversary adjudication described
in section 504(a)(4) of title 5, the demand by the United States is
substantially in excess of the judgment finally obtained by the United
States and is unreasonable when compared with such judgment, under the
facts and circumstances of the case, the court shall award to the party
the fees and other expenses related to defending against the excessive
demand, unless the party has committed a willful violation of law or
otherwise acted in bad faith, or special circumstances make an award
unjust. Fees and expenses awarded under this subparagraph shall be paid
only as a consequence of appropriations provided in advance.''.
(b) Section 2412(d) of title 28, United States Code, is amended--
(1) in paragraph (2)(A), by striking ``$75'' and inserting
``$125'';
(2) at the end of paragraph (2)(B), by inserting before the
semicolon ``or for purposes of subsection (d)(1)(D), a small entity
as defined in section 601 of title 5'';
(3) at the end of paragraph (2)(G), by striking ``and'';
(4) at the end of paragraph (2)(H), by striking the period and
inserting ``; and''; and
(5) at the end of paragraph (2), by adding the following new
subparagraph:
``(I) `demand' means the express demand of the United States
which led to the adversary adjudication, but shall not include a
recitation of the maximum statutory penalty (i) in the complaint,
or (ii) elsewhere when accompanied by an express demand for a
lesser amount.''.

acfc2d05d79d9294d68e00927819e4f6790b9d22d8238c1edfdb648191335e15

The amendments made by sections 331 and 332 shall apply to civil
actions and adversary adjudications commenced on or after the date of
the enactment of this subtitle.
Subtitle D--Regulatory Flexibility Act Amendments

6bf8a84306f47aa20da62ffa78a7bc7294950625a229ff0663dbbab3f909c2df

(a) Initial Regulatory Flexibility Analysis.--
(1) Section 603.--Section 603(a) of title 5, United States
Code, is amended--
(A) by inserting after ``proposed rule'', the phrase ``, or
publishes a notice of proposed rulemaking for an interpretative
rule involving the internal revenue laws of the United
States''; and
(B) by inserting at the end of the subsection, the
following new sentence: ``In the case of an interpretative rule
involving the internal revenue laws of the United States, this
chapter applies to interpretative rules published in the
Federal Register for codification in the Code of Federal
Regulations, but only to the extent that such interpretative
rules impose on small entities a collection of information
requirement.''.
(2) Section 601.--Section 601 of title 5, United States Code,
is amended by striking ``and'' at the end of paragraph (5), by
striking the period at the end of paragraph (6) and inserting ``;
and'', and by adding at the end the following:
``(7) the term `collection of information'--
``(A) means the obtaining, causing to be obtained,
soliciting, or requiring the disclosure to third parties or the
public, of facts or opinions by or for an agency, regardless of
form or format, calling for either--
``(i) answers to identical questions posed to, or
identical reporting or recordkeeping requirements imposed
on, 10 or more persons, other than agencies,
instrumentalities, or employees of the United States; or
``(ii) answers to questions posed to agencies,
instrumentalities, or employees of the United States which
are to be used for general statistical purposes; and
``(B) shall not include a collection of information
described under section 3518(c)(1) of title 44, United States
Code.
``(8) Recordkeeping requirement.--The term `recordkeeping
requirement' means a requirement imposed by an agency on persons to
maintain specified records.''.
(b) Final Regulatory Flexibility Analysis.--Section 604 of title 5,
United States Code, is amended--
(1) in subsection (a) to read as follows:
``(a) When an agency promulgates a final rule under section 553 of
this title, after being required by that section or any other law to
publish a general notice of proposed rulemaking, or promulgates a final
interpretative rule involving the internal revenue laws of the United
States as described in section 603(a), the agency shall prepare a final
regulatory flexibility analysis. Each final regulatory flexibility
analysis shall contain--
``(1) a succinct statement of the need for, and objectives of,
the rule;
``(2) a summary of the significant issues raised by the public
comments in response to the initial regulatory flexibility
analysis, a summary of the assessment of the agency of such issues,
and a statement of any changes made in the proposed rule as a
result of such comments;
``(3) a description of and an estimate of the number of small
entities to which the rule will apply or an explanation of why no
such estimate is available;
``(4) a description of the projected reporting, recordkeeping
and other compliance requirements of the rule, including an
estimate of the classes of small entities which will be subject to
the requirement and the type of professional skills necessary for
preparation of the report or record; and
``(5) a description of the steps the agency has taken to
minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes,
including a statement of the factual, policy, and legal reasons for
selecting the alternative adopted in the final rule and why each
one of the other significant alternatives to the rule considered by
the agency which affect the impact on small entities was
rejected.''; and
(2) in subsection (b), by striking ``at the time'' and all that
follows and inserting ``such analysis or a summary thereof.''.

e4099217e61107bddb93d5e42b38e090561d26ac74bcd806d5281db4a785c5ce

Section 611 of title 5, United States Code, is amended to read as
follows:
``Sec. 611. Judicial review
``(a)(1) For any rule subject to this chapter, a small entity that
is adversely affected or aggrieved by final agency action is entitled
to judicial review of agency compliance with the requirements of
sections 601, 604, 605(b), 608(b), and 610 in accordance with chapter
7. Agency compliance with sections 607 and 609(a) shall be judicially
reviewable in connection with judicial review of section 604.
``(2) Each court having jurisdiction to review such rule for
compliance with section 553, or under any other provision of law, shall
have jurisdiction to review any claims of noncompliance with sections
601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency
compliance with sections 607 and 609(a) shall be judicially reviewable
in connection with judicial review of section 604.
``(3)(A) A small entity may seek such review during the period
beginning on the date of final agency action and ending one year later,
except that where a provision of law requires that an action
challenging a final agency action be commenced before the expiration of
one year, such lesser period shall apply to an action for judicial
review under this section.
``(B) In the case where an agency delays the issuance of a final
regulatory flexibility analysis pursuant to section 608(b) of this
chapter, an action for judicial review under this section shall be
filed not later than--
``(i) one year after the date the analysis is made available to
the public, or
``(ii) where a provision of law requires that an action
challenging a final agency regulation be commenced before the
expiration of the 1-year period, the number of days specified in
such provision of law that is after the date the analysis is made
available to the public.
``(4) In granting any relief in an action under this section, the
court shall order the agency to take corrective action consistent with
this chapter and chapter 7, including, but not limited to--
``(A) remanding the rule to the agency, and
``(B) deferring the enforcement of the rule against small
entities unless the court finds that continued enforcement of the
rule is in the public interest.
``(5) Nothing in this subsection shall be construed to limit the
authority of any court to stay the effective date of any rule or
provision thereof under any other provision of law or to grant any
other relief in addition to the requirements of this section.
``(b) In an action for the judicial review of a rule, the
regulatory flexibility analysis for such rule, including an analysis
prepared or corrected pursuant to paragraph (a)(4), shall constitute
part of the entire record of agency action in connection with such
review.
``(c) Compliance or noncompliance by an agency with the provisions
of this chapter shall be subject to judicial review only in accordance
with this section.
``(d) Nothing in this section bars judicial review of any other
impact statement or similar analysis required by any other law if
judicial review of such statement or analysis is otherwise permitted by
law.''.

d8123a78f81369dc0741d4fa75f49c4f57d2dd97d10a53aceb791dafb7375d9b

(a) Section 605(b) of title 5, United States Code, is amended to
read as follows:
``(b) Sections 603 and 604 of this title shall not apply to any
proposed or final rule if the head of the agency certifies that the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities. If the head of the agency makes a
certification under the preceding sentence, the agency shall publish
such certification in the Federal Register at the time of publication
of general notice of proposed rulemaking for the rule or at the time of
publication of the final rule, along with a statement providing the
factual basis for such certification. The agency shall provide such
certification and statement to the Chief Counsel for Advocacy of the
Small Business Administration.''.
(b) Section 612 of title 5, United States Code, is amended--
(1) in subsection (a), by striking ``the committees on the
Judiciary of the Senate and the House of Representatives, the
Select Committee on Small Business of the Senate, and the Committee
on Small Business of the House of Representatives'' and inserting
``the Committees on the Judiciary and Small Business of the Senate
and House of Representatives''.
(2) in subsection (b), by striking ``his views with respect to
the'' and inserting in lieu thereof, ``his or her views with
respect to compliance with this chapter, the adequacy of the
rulemaking record with respect to small entities and the''.

8d56fa49205767ab50b7fad9823584f320d5eba1fd3f321b395efd59c2f4e40a

(a) Small Business Outreach and Interagency Coordination.-- Section
609 of title 5, United States Code, is amended--
(1) before ``techniques,'' by inserting ``the reasonable use
of'';
(2) in paragraph (4), after ``entities'' by inserting
``including soliciting and receiving comments over computer
networks'';
(3) by designating the current text as subsection (a); and
(4) by adding the following:
``(b) Prior to publication of an initial regulatory flexibility
analysis which a covered agency is required to conduct by this
chapter--
``(1) a covered agency shall notify the Chief Counsel for
Advocacy of the Small Business Administration and provide the Chief
Counsel with information on the potential impacts of the proposed
rule on small entities and the type of small entities that might be
affected;
``(2) not later than 15 days after the date of receipt of the
materials described in paragraph (1), the Chief Counsel shall
identify individuals representative of affected small entities for
the purpose of obtaining advice and recommendations from those
individuals about the potential impacts of the proposed rule;
``(3) the agency shall convene a review panel for such rule
consisting wholly of full time Federal employees of the office
within the agency responsible for carrying out the proposed rule,
the Office of Information and Regulatory Affairs within the Office
of Management and Budget, and the Chief Counsel;
``(4) the panel shall review any material the agency has
prepared in connection with this chapter, including any draft
proposed rule, collect advice and recommendations of each
individual small entity representative identified by the agency
after consultation with the Chief Counsel, on issues related to
subsections 603(b), paragraphs (3), (4) and (5) and 603(c);
``(5) not later than 60 days after the date a covered agency
convenes a review panel pursuant to paragraph (3), the review panel
shall report on the comments of the small entity representatives
and its findings as to issues related to subsections 603(b),
paragraphs (3), (4) and (5) and 603(c), provided that such report
shall be made public as part of the rulemaking record; and
``(6) where appropriate, the agency shall modify the proposed
rule, the initial regulatory flexibility analysis or the decision
on whether an initial regulatory flexibility analysis is required.
``(c) An agency may in its discretion apply subsection (b) to rules
that the agency intends to certify under subsection 605(b), but the
agency believes may have a greater than de minimis impact on a
substantial number of small entities.
``(d) For purposes of this section, the term `covered agency' means
the Environmental Protection Agency and the Occupational Safety and
Health Administration of the Department of Labor.
``(e) The Chief Counsel for Advocacy, in consultation with the
individuals identified in subsection (b)(2), and with the Administrator
of the Office of Information and Regulatory Affairs within the Office
of Management and Budget, may waive the requirements of subsections
(b)(3), (b)(4), and (b)(5) by including in the rulemaking record a
written finding, with reasons therefor, that those requirements would
not advance the effective participation of small entities in the
rulemaking process. For purposes of this subsection, the factors to be
considered in making such a finding are as follows:
``(1) In developing a proposed rule, the extent to which the
covered agency consulted with individuals representative of
affected small entities with respect to the potential impacts of
the rule and took such concerns into consideration.
``(2) Special circumstances requiring prompt issuance of the
rule.
``(3) Whether the requirements of subsection (b) would provide
the individuals identified in subsection (b)(2) with a competitive
advantage relative to other small entities.''.
(b) Small Business Advocacy Chairpersons.--Not later than 30 days
after the date of enactment of this Act, the head of each covered
agency that has conducted a final regulatory flexibility analysis shall
designate a small business advocacy chairperson using existing
personnel to the extent possible, to be responsible for implementing
this section and to act as permanent chair of the agency's review
panels established pursuant to this section.

6ac0713a8a7f9a36e65e633c10fe6bafe8fe9171926a52346ac2a31b578818af

This subtitle shall become effective on the expiration of 90 days
after the date of enactment of this subtitle, except that such
amendments shall not apply to interpretative rules for which a notice
of proposed rulemaking was published prior to the date of enactment.
Subtitle E--Congressional Review

abea8d819f7dc63cef86b6dea72fe67e55d46937eb6401bef1e90c74d37734eb

Title 5, United States Code, is amended by inserting immediately
after chapter 7 the following new chapter:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional disapproval procedure.
``803. Special rule on statutory, regulatory, and judicial deadlines.
``804. Definitions.
``805. Judicial review.
``806. Applicability; severability.
``807. Exemption for monetary policy.
``808. Effective date of certain rules.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule can take effect, the Federal agency
promulgating such rule shall submit to each House of the Congress and
to the Comptroller General a report containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule,
including whether it is a major rule; and
``(iii) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule shall submit
to the Comptroller General and make available to each House of
Congress--
``(i) a complete copy of the cost-benefit analysis of the rule,
if any;
``(ii) the agency's actions relevant to sections 603, 604, 605,
607, and 609;
``(iii) the agency's actions relevant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995; and
``(iv) any other relevant information or requirements under any
other Act and any relevant Executive orders.
``(C) Upon receipt of a report submitted under subparagraph (A),
each House shall provide copies of the report to the chairman and
ranking member of each standing committee with jurisdiction under the
rules of the House of Representatives or the Senate to report a bill to
amend the provision of law under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on each
major rule to the committees of jurisdiction in each House of the
Congress by the end of 15 calendar days after the submission or
publication date as provided in section 802(b)(2). The report of the
Comptroller General shall include an assessment of the agency's
compliance with procedural steps required by paragraph (1)(B).
``(B) Federal agencies shall cooperate with the Comptroller General
by providing information relevant to the Comptroller General's report
under subparagraph (A).
``(3) A major rule relating to a report submitted under paragraph
(1) shall take effect on the latest of--
``(A) the later of the date occurring 60 days after the date on
which--
``(i) the Congress receives the report submitted under
paragraph (1); or
``(ii) the rule is published in the Federal Register, if so
published;
``(B) if the Congress passes a joint resolution of disapproval
described in section 802 relating to the rule, and the President
signs a veto of such resolution, the earlier date--
``(i) on which either House of Congress votes and fails to
override the veto of the President; or
``(ii) occurring 30 session days after the date on which
the Congress received the veto and objections of the President;
or
``(C) the date the rule would have otherwise taken effect, if
not for this section (unless a joint resolution of disapproval
under section 802 is enacted).
``(4) Except for a major rule, a rule shall take effect as
otherwise provided by law after submission to Congress under paragraph
(1).
``(5) Notwithstanding paragraph (3), the effective date of a rule
shall not be delayed by operation of this chapter beyond the date on
which either House of Congress votes to reject a joint resolution of
disapproval under section 802.
``(b)(1) A rule shall not take effect (or continue), if the
Congress enacts a joint resolution of disapproval, described under
section 802, of the rule.
``(2) A rule that does not take effect (or does not continue) under
paragraph (1) may not be reissued in substantially the same form, and a
new rule that is substantially the same as such a rule may not be
issued, unless the reissued or new rule is specifically authorized by a
law enacted after the date of the joint resolution disapproving the
original rule.
``(c)(1) Notwithstanding any other provision of this section
(except subject to paragraph (3)), a rule that would not take effect by
reason of subsection (a)(3) may take effect, if the President makes a
determination under paragraph (2) and submits written notice of such
determination to the Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the rule should take effect because
such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under this
subsection shall have no effect on the procedures under section 802 or
the effect of a joint resolution of disapproval under this section.
``(d)(1) In addition to the opportunity for review otherwise
provided under this chapter, in the case of any rule for which a report
was submitted in accordance with subsection (a)(1)(A) during the period
beginning on the date occurring--
``(A) in the case of the Senate, 60 session days, or
``(B) in the case of the House of Representatives, 60
legislative days,
before the date the Congress adjourns a session of Congress through the
date on which the same or succeeding Congress first convenes its next
session, section 802 shall apply to such rule in the succeeding session
of Congress.
``(2)(A) In applying section 802 for purposes of such additional
review, a rule described under paragraph (1) shall be treated as
though--
``(i) such rule were published in the Federal Register (as a
rule that shall take effect) on--
``(I) in the case of the Senate, the 15th session day, or
``(II) in the case of the House of Representatives, the
15th legislative day,
after the succeeding session of Congress first convenes; and
``(ii) a report on such rule were submitted to Congress under
subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to affect the
requirement under subsection (a)(1) that a report shall be submitted to
Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take effect as
otherwise provided by law (including other subsections of this
section).
``(e)(1) For purposes of this subsection, section 802 shall also
apply to any major rule promulgated between March 1, 1996, and the date
of the enactment of this chapter.
``(2) In applying section 802 for purposes of Congressional review,
a rule described under paragraph (1) shall be treated as though--
``(A) such rule were published in the Federal Register on the
date of enactment of this chapter; and
``(B) a report on such rule were submitted to Congress under
subsection (a)(1) on such date.
``(3) The effectiveness of a rule described under paragraph (1)
shall be as otherwise provided by law, unless the rule is made of no
force or effect under section 802.
``(f) Any rule that takes effect and later is made of no force or
effect by enactment of a joint resolution under section 802 shall be
treated as though such rule had never taken effect.
``(g) If the Congress does not enact a joint resolution of
disapproval under section 802 respecting a rule, no court or agency may
infer any intent of the Congress from any action or inaction of the
Congress with regard to such rule, related statute, or joint resolution
of disapproval.
``Sec. 802. Congressional disapproval procedure
``(a) For purposes of this section, the term `joint resolution'
means only a joint resolution introduced in the period beginning on the
date on which the report referred to in section 801(a)(1)(A) is
received by Congress and ending 60 days thereafter (excluding days
either House of Congress is adjourned for more than 3 days during a
session of Congress), the matter after the resolving clause of which is
as follows: `That Congress disapproves the rule submitted by the ____
relating to ____, and such rule shall have no force or effect.' (The
blank spaces being appropriately filled in).
``(b)(1) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
``(2) For purposes of this section, the term `submission or
publication date' means the later of the date on which--
``(A) the Congress receives the report submitted under section
801(a)(1); or
``(B) the rule is published in the Federal Register, if so
published.
``(c) In the Senate, if the committee to which is referred a joint
resolution described in subsection (a) has not reported such joint
resolution (or an identical joint resolution) at the end of 20 calendar
days after the submission or publication date defined under subsection
(b)(2), such committee may be discharged from further consideration of
such joint resolution upon a petition supported in writing by 30
Members of the Senate, and such joint resolution shall be placed on the
calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is discharged
(under subsection (c)) from further consideration of a joint resolution
described in subsection (a), it is at any time thereafter in order
(even though a previous motion to the same effect has been disagreed
to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion further to
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the Senate the procedure specified in subsection (c) or
(d) shall not apply to the consideration of a joint resolution
respecting a rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date, or
``(2) if the report under section 801(a)(1)(A) was submitted
during the period referred to in section 801(d)(1), after the
expiration of the 60 session days beginning on the 15th session day
after the succeeding session of Congress first convenes.
``(f) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a), then the
following procedures shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same as if
no joint resolution had been received from the other House; but
``(B) the vote on final passage shall be on the joint
resolution of the other House.
``(g) This section is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate and
House of Representatives, respectively, and as such it is deemed a
part of the rules of each House, respectively, but applicable only
with respect to the procedure to be followed in that House in the
case of a joint resolution described in subsection (a), and it
supersedes other rules only to the extent that it is inconsistent
with such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and to
the same extent as in the case of any other rule of that House.
``Sec. 803. Special rule on statutory, regulatory, and judicial
deadlines
``(a) In the case of any deadline for, relating to, or involving
any rule which does not take effect (or the effectiveness of which is
terminated) because of enactment of a joint resolution under section
802, that deadline is extended until the date 1 year after the date of
enactment of the joint resolution. Nothing in this subsection shall be
construed to affect a deadline merely by reason of the postponement of
a rule's effective date under section 801(a).
``(b) The term `deadline' means any date certain for fulfilling any
obligation or exercising any authority established by or under any
Federal statute or regulation, or by or under any court order
implementing any Federal statute or regulation.
``Sec. 804. Definitions
``For purposes of this chapter--
``(1) The term `Federal agency' means any agency as that term
is defined in section 551(1).
``(2) The term `major rule' means any rule that the
Administrator of the Office of Information and Regulatory Affairs
of the Office of Management and Budget finds has resulted in or is
likely to result in--
``(A) an annual effect on the economy of $100,000,000 or
more;
``(B) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government
agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on the
ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets.
The term does not include any rule promulgated under the
Telecommunications Act of 1996 and the amendments made by that Act.
``(3) The term `rule' has the meaning given such term in
section 551, except that such term does not include--
``(A) any rule of particular applicability, including a
rule that approves or prescribes for the future rates, wages,
prices, services, or allowances therefor, corporate or
financial structures, reorganizations, mergers, or acquisitions
thereof, or accounting practices or disclosures bearing on any
of the foregoing;
``(B) any rule relating to agency management or personnel;
or
``(C) any rule of agency organization, procedure, or
practice that does not substantially affect the rights or
obligations of non-agency parties.
``Sec. 805. Judicial review
``No determination, finding, action, or omission under this chapter
shall be subject to judicial review.
``Sec. 806. Applicability; severability
``(a) This chapter shall apply notwithstanding any other provision
of law.
``(b) If any provision of this chapter or the application of any
provision of this chapter to any person or circumstance, is held
invalid, the application of such provision to other persons or
circumstances, and the remainder of this chapter, shall not be affected
thereby.
``Sec. 807. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 808. Effective date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes, or
conducts a regulatory program for a commercial, recreational, or
subsistence activity related to hunting, fishing, or camping, or
``(2) any rule which an agency for good cause finds (and
incorporates the finding and a brief statement of reasons therefor
in the rule issued) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the
rule determines.''.

21886598a2042787fe43cb32dd4736be0721c9dd06a9d627b2f41e362a12f02f

The amendment made by section 351 shall take effect on the date of
enactment of this Act.

f3ac0c380a605de4fee27d3652c0a2be611a426bbdbccd25098c266279070957

The table of chapters for part I of title 5, United States Code, is
amended by inserting immediately after the item relating to chapter 7
the following:
``8. Congressional Review of Agency Rulemaking....................801''.

26a6b2bac7f8698dcc41969740c6ebbab4b597cb0d07ae6bb46920639544522d

Subsection (b) of section 3101 of title 31, United States Code, is
amended by striking the dollar limitation contained in such subsection
and inserting ``$5,500,000,000,000''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

Debt Ceiling Limit bill — HR. 3136

Other Sections

TITLE I

TITLE II

TITLE III

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