Home > 104th Congressional Bills > H.R. 926 (ih) To promote regulatory flexibility and enhance public participation in Federal agency rulemaking and for other purposes. [Introduced in House] ...H.R. 926 (ih) To promote regulatory flexibility and enhance public participation in Federal agency rulemaking and for other purposes. [Introduced in House] ...
104th CONGRESS
1st Session
H. R. 926
_______________________________________________________________________
AN ACT
To promote regulatory flexibility and enhance public participation in
Federal agency rulemaking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Reform and Relief Act''.
TITLE I--STRENGTHENING REGULATORY FLEXIBILITY
SEC. 101. JUDICIAL REVIEW.
(a) Amendment.--Section 611 of title 5, United States Code, is
amended to read as follows:
``Sec. 611. Judicial review
``(a)(1) Except as provided in paragraph (2), not later than one
year notwithstanding any other provision of law after the effective
date of a final rule with respect to which an agency--
``(A) certified, pursuant to section 605(b), that such rule
would not have a significant economic impact on a substantial
number of small entities; or
``(B) prepared a final regulatory flexibility analysis
pursuant to section 604,
an affected small entity may petition for the judicial review of such
certification or analysis in accordance with the terms of this
subsection. A court having jurisdiction to review such rule for
compliance with the provisions of section 553 or under any other
provision of law shall have jurisdiction to review such certification
or analysis. In the case where an agency delays the issuance of a final
regulatory flexibility analysis pursuant to section 608(b), a petition
for judicial review under this subsection shall be filed not later than
one year notwithstanding any other provision of law after the date the
analysis is made available to the public.
``(2) For purposes of this subsection, the term `affected small
entity' means a small entity that is or will be adversely affected by
the final rule.
``(3) Nothing in this subsection shall be construed to affect the
authority of any court to stay the effective date of any rule or
provision thereof under any other provision of law.
``(4)(A) In the case where the agency certified that such rule
would not have a significant economic impact on a substantial number of
small entities, the court may order the agency to prepare a final
regulatory flexibility analysis pursuant to section 604 if the court
determines, on the basis of the rulemaking record, that the
certification was arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law.
``(B) In the case where the agency prepared a final regulatory
flexibility analysis, the court may order the agency to take corrective
action consistent with the requirements of section 604 if the court
determines, on the basis of the rulemaking record, that the final
regulatory flexibility analysis was prepared by the agency without
observance of procedure required by section 604.
``(5) If, by the end of the 90-day period beginning on the date of
the order of the court pursuant to paragraph (4) (or such longer period
as the court may provide), the agency fails, as appropriate--
``(A) to prepare the analysis required by section 604; or
``(B) to take corrective action consistent with the
requirements of section 604,
the court may stay the rule or grant such other relief as it deems
appropriate.
``(6) In making any determination or granting any relief authorized
by this subsection, the court shall take due account of the rule of
prejudicial error.
``(b) In an action for the judicial review of a rule, any
regulatory flexibility analysis for such rule (including an analysis
prepared or corrected pursuant to subsection (a)(4)) shall constitute
part of the whole record of agency action in connection with such
review.
``(c) 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 provided by
law.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply only to final agency rules issued after the date of enactment of
this Act.
SEC. 102. RULES COMMENTED ON BY SBA CHIEF COUNSEL FOR ADVOCACY.
(a) In General.--Section 612 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(d) Action by the SBA Chief Counsel for Advocacy.--
``(1) Transmittal of proposed rules and initial regulatory
flexibility analysis to sba chief counsel for advocacy.--On or
before the 30th day preceding the date of publication by an
agency of general notice of proposed rulemaking for a rule, the
agency shall transmit to the Chief Counsel for Advocacy of the
Small Business Administration--
``(A) a copy of the proposed rule; and
``(B)(i) a copy of the initial regulatory
flexibility analysis for the rule if required under
section 603; or
``(ii) a determination by the agency that an
initial regulatory flexibility analysis is not required
for the proposed rule under section 603 and an
explanation for the determination.
``(2) Statement of effect.--On or before the 15th day
following receipt of a proposed rule and initial regulatory
flexibility analysis from an agency under paragraph (1), the
Chief Counsel for Advocacy may transmit to the agency a written
statement of the effect of the proposed rule on small entities.
``(3) Response.--If the Chief Counsel for Advocacy
transmits to an agency a statement of effect on a proposed rule
in accordance with paragraph (2), the agency shall publish the
statement, together with the response of the agency to the
statement, in the Federal Register at the time of publication
of general notice of proposed rulemaking for the rule.
``(4) Special rule.--Any proposed rules issued by an
appropriate Federal banking agency (as that term is defined in
section 3(q) of the Federal Deposit Insurance Act (12 U.S.C.
1813(q)), the National Credit Union Administration, or the
Office of Federal Housing Enterprise Oversight, in connection
with the implementation of monetary policy or to ensure the
safety and soundness of federally insured depository
institutions, any affiliate of such an institution, credit
unions, or government sponsored housing enterprises or to
protect the Federal deposit insurance funds shall not be
subject to the requirements of this subsection.''.
(b) Conforming Amendment.--Section 603(a) of title 5, United States
Code, is amended by inserting ``in accordance with section 612(d)''
before the period at the end of the last sentence.
SEC. 103. SENSE OF CONGRESS REGARDING SBA CHIEF COUNSEL FOR ADVOCACY.
It is the sense of Congress that the Chief Counsel for Advocacy of
the Small Business Administration should be permitted to appear as
amicus curiae in any action or case brought in a court of the United
States for the purpose of reviewing a rule.
TITLE II--REGULATORY IMPACT ANALYSES
SEC. 201. DEFINITIONS.
Section 551 of title 5, United States Code, is amended by striking
``and'' at the end of paragraph (13), by striking the period at the end
of paragraph (14) and inserting a semicolon, and by adding at the end
the following:
``(15) `major rule' means any rule subject to section
553(c) that is likely to result in--
``(A) an annual effect on the economy of
$50,000,000 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; and
``(16) `Director' means the Director of the Office of
Management and Budget.''.
SEC. 202. RULEMAKING NOTICES FOR MAJOR RULES.
Section 553 of title 5, United States Code, is amended by adding at
the end the following:
``(f)(1) Each agency shall for a proposed major rule publish in the
Federal Register, at least 90 days before the date of publication of
the general notice required under subsection (b), a notice of intent to
engage in rulemaking.
``(2) A notice under paragraph (1) for a proposed major rule shall
include, to the extent possible, the information required to be
included in a regulatory impact analysis for the rule under subsection
(i)(4)(B) and (D).
``(3) For a major rule proposed by an agency, the head of the
agency shall include in a general notice under subsection (b), a
preliminary regulatory impact analysis for the rule prepared in
accordance with subsection (i).
``(4) For a final major rule, the agency shall include with the
statement of basis and purpose--
``(A) a summary of a final regulatory impact analysis of
the rule in accordance with subsection (i); and
``(B) a clear delineation of all changes in the information
included in the final regulatory impact analysis under
subsection (i) from any such information that was included in
the notice for the rule under subsection (b).
The agency shall provide the complete text of a final regulatory impact
analysis upon request.
``(5) The issuance of a notice of intent to engage in rulemaking
under paragraph (1) and the issuance of a preliminary regulatory impact
analysis under paragraph (3) shall not be considered final agency
action for purposes of section 704.
``(6) In a rulemaking involving a major rule, the agency conducting
the rulemaking shall make a written record describing the subject of
all contacts the agency made with persons outside the agency relating
to such rulemaking. If the contact was made with a non-governmental
person, the written record of such contact shall be made available,
upon request to the public.''.
SEC. 203. HEARING REQUIREMENT FOR PROPOSED RULES; AND EXTENSION OF
COMMENT PERIOD.
(a) Hearing Requirement.--Section 553 of title 5, United States
Code, as amended by section 202, is further amended by adding after
subsection (f) the following:
``(g) If more than 100 interested persons acting individually
submit requests for a hearing to an agency regarding any major rule
proposed by the agency, the agency shall hold such a hearing on the
proposed rule.''.
(b) Extension of Comment Period.--Section 553 of title 5, United
States Code, as amended by subsection (a), is further amended by adding
after subsection (g) the following:
``(h) If during the 90-day period beginning on the date of
publication of a notice under subsection (f) for a proposed major rule,
or if during the period beginning on the date of publication or service
of notice required by subsection (b) for a proposed major rule, more
than 100 persons individually contact the agency to request an
extension of the period for making submissions under subsection (c)
pursuant to the notice, the agency--
``(1) shall provide an additional 30-day period for making
those submissions; and
``(2) may not adopt the rule until after the additional
period.''.
(c) Response to Comments.--Section 553(c) of title 5, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) Each agency shall publish in the Federal Register, with each
rule published under section 552(a)(1)(D), responses to the substance
of the comments received by the agency regarding the rule.''.
SEC. 204. REGULATORY IMPACT ANALYSIS.
Section 553 of title 5, United States Code, as amended by section
203, is amended by adding after subsection (h) the following:
``(i)(1) Each agency shall, in connection with every major rule,
prepare, and, to the extent permitted by law, consider, a regulatory
impact analysis. Such analysis may be combined with any regulatory
flexibility analysis performed under sections 603 and 604.
``(2) Each agency shall initially determine whether a rule it
intends to propose or issue is a major rule. The Director shall have
authority to order a rule to be treated as a major rule and to require
any set of related rules to be considered together as a major rule.
``(3) Except as provided in subsection (j), agencies shall
prepare--
``(A) a preliminary regulatory impact analysis, which shall
be transmitted, along with a notice of proposed rulemaking, to
the Director at least 60 days prior to the publication of
notice of proposed rulemaking, and
``(B) a final regulatory impact analysis, which shall be
transmitted along with the final rule at least 30 days prior to
the publication of a major rule.
``(4) Each preliminary and final regulatory impact analysis shall
contain the following information:
``(A) A description of the potential benefits of the rule,
including any beneficial effects that cannot be quantified in
monetary terms and the identification of those likely to
receive the benefits.
``(B) An explanation of the necessity, legal authority, and
reasonableness of the rule and a description of the condition
that the rule is to address.
``(C) A description of the potential costs of the rule,
including any adverse effects that cannot be quantified in
monetary terms, and the identification of those likely to bear
the costs.
``(D) An analysis of alternative approaches, including
market based mechanisms, that could substantially achieve the
same regulatory goal at a lower cost and an explanation of the
reasons why such alternative approaches were not adopted,
together with a demonstration that the rule provides for the
least costly approach.
``(E) A statement that the rule does not conflict with, or
duplicate, any other rule or a statement of the reasons why
such a conflict or duplication exists.
``(F) A statement of whether the rule will require on-site
inspections or whether persons will be required by the rule to
maintain any records which will be subject to inspection, and a
statement of whether the rule will require persons to obtain
licenses, permits, or other certifications including
specification of any associated fees or fines.
``(G) An estimate of the costs to the agency for
implementation and enforcement of the rule and of whether the
agency can be reasonably expected to implement the rule with
the current level of appropriations.
``(5)(A) the Director is authorized to review and prepare comments
on any preliminary or final regulatory impact analysis, notice of
proposed rulemaking, or final rule based on the requirements of this
subsection.
``(B) Upon the request of the Director, an agency shall consult
with the Director concerning the review of a preliminary impact
analysis or notice of proposed rulemaking and shall refrain from
publishing its preliminary regulatory impact analysis or notice of
proposed rulemaking until such review is concluded. The Director's
review may not take longer than 90 days after the date of the request
of the Director.
``(6)(A) An agency may not adopt a major rule unless the final
regulatory impact analysis for the rule is approved or commented upon
in writing by the Director or by an individual designated by the
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