Pub.L. 104-122 Making further continuing appropriations for the fiscal year 1996, and for other purposes. <> ...

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        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.''.

 SEC. 243. TECHNICAL AND CONFORMING AMENDMENTS.

    (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 <<NOTE: Federal Register, publication.>>  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''.

[[Page 110 STAT. 867]]

 SEC. 244. SMALL BUSINESS ADVOCACY REVIEW PANELS.

    (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

[[Page 110 STAT. 868]]

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) <<NOTE: 5 USC 609 note.>>  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.

SEC. 245. <<NOTE: 5 USC 601 note.>>  EFFECTIVE DATE.

    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

SEC. 251. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    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) <<NOTE: Reports.>>  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--

[[Page 110 STAT. 869]]

            ``(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) <<NOTE: Reports.>>  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) <<NOTE: Effective dates.>>  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) <<NOTE: Federal Register, publication.>>  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) <<NOTE: Effective date.>>  Except for a major rule, a rule 
shall take effect as otherwise provided by law after submission to 
Congress under paragraph (1).

    ``(5) <<NOTE: Effective dates.>>  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

[[Page 110 STAT. 870]]

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) <<NOTE: Federal Register, publication.>>  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 

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