[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1937 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1937

To facilitate small business involvement in the regulatory development 
 processes of the Environmental Protection Agency and the Occupational 
       Safety and Health Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 1995

  Mr. Schiff introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on Small 
Business, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To facilitate small business involvement in the regulatory development 
 processes of the Environmental Protection Agency and the Occupational 
       Safety and Health Administration, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Small Business 
Advocacy Act of 1995''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                TITLE I--SMALL BUSINESS ADVOCACY REVIEW

Sec. 101. Small business advocacy chairpersons.
Sec. 102. Small business advocacy review panels.
Sec. 103. Review panel personnel matters.
Sec. 104. Consultation with other entities.
Sec. 105. Report.
Sec. 106. Applicability of other law; judicial review.
Sec. 107. Moratorium on certain regulations.
                      TITLE II--PEER REVIEW SURVEY

Sec. 201. Peer review survey.
SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Agency.--The term ``agency'' means--
                    (A) with respect to the Environmental Small 
                Business Advocacy Review Panel, the Environmental 
                Protection Agency; and
                    (B) with respect to the Occupational Safety and 
                Health Small Business Advocacy Review Panel, the 
                Occupational Safety and Health Administration of the 
                Department of Labor.
            (2) Agency head.--The term ``agency head'' means--
                    (A) with respect to the Environmental Small 
                Business Advocacy Review Panel, the Administrator of 
                the Environmental Protection Agency; and
                    (B) with respect to the Occupational Safety and 
                Health Small Business Advocacy Review Panel, the 
                Assistant Secretary for Occupational Safety and Health 
                of the Department of Labor.
            (3) Chairperson.--The term ``chairperson'' means--
                    (A) with respect to the Environmental Small 
                Business Advocacy Review Panel, the chairperson of such 
                review panel designated under section 101(a); and
                    (B) with respect to the Occupational Safety and 
                Health Small Business Advocacy Review Panel, the 
                chairperson of such review panel designated under 
                section 101(b).
            (4) Chief counsel for advocacy.--The term ``Chief Counsel 
        for Advocacy'' means the Chief Counsel for Advocacy of the 
        Small Business Administration.
            (5) Final rule.--The term ``final rule'' means any final 
        rule or interim final rule issued by an agency for which a 
        review panel has been established under section 101(c)(2)(A).
            (6) Office.--The term ``Office'' means the Office of 
        Advocacy of the Small Business Administration.
            (7) Review panel.--The term ``review panel'' means--
                    (A) with respect to a significant rule of the 
                Environmental Protection Agency, an Environmental Small 
                Business Advocacy Review Panel established under 
                section 101(c)(2)(A); and
                    (B) with respect to a significant rule of the 
                Occupational Safety and Health Administration of the 
                Department of Labor, an Occupational Safety and Health 
                Small Business Advocacy Review Panel established under 
                section 101(c)(2)(A).
            (8) Rule.--The term ``rule''--
                    (A) means an agency statement of general 
                applicability and future effect, which the agency 
                intends to have the force and effect of law, that is 
                designed to implement, interpret, or prescribe law or 
                policy or to describe the procedure or practice 
                requirements of the agency; and
                    (B) does not include any rule that is limited to 
                agency organization, management, or personnel matters.
            (9) Significant rule.--The term ``significant rule'' means 
        any rule proposed by an agency that the chairperson, in 
        consultation with the Administrator of the Office of 
        Information and Regulatory Affairs within the Office of 
        Management and Budget, reasonably estimates would have--
                    (A) an annual aggregate impact on State, local, and 
                tribal governments and the private sector in an amount 
                equal to not less than $50,000,000; and
                    (B) an impact on small businesses.
            (10) Small business.--The term ``small business'' has the 
        same meaning as the term ``small business concern'' in section 
        3 of the Small Business Act.

                TITLE I--SMALL BUSINESS ADVOCACY REVIEW

SEC. 101. SMALL BUSINESS ADVOCACY CHAIRPERSONS.

    (a) Chairperson of Environmental Review Panels.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency shall designate an employee of the 
        Environmental Protection Agency, who is a member of the Senior 
        Executive Service (as such term is defined in section 2101a of 
        title 5, United States Code) and whose immediate supervisor is 
        appointed by the President, to serve as the chairperson of each 
        Environmental Small Business Advocacy Review Panel and to carry 
        out the purposes of this Act with respect to the Environmental 
        Protection Agency.
            (2) Disability or absence.--If the employee designated to 
        serve as chairperson under paragraph (1) is unable to serve as 
        chairperson because of disability or absence, the Administrator 
        of the Environmental Protection Agency shall designate another 
        employee who meets the qualifications of such paragraph to 
        serve as chairperson.
    (b) Chairperson of OSHA Review Panels.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Assistant Secretary for Occupational 
        Safety and Health of the Department of Labor shall designate an 
        employee of the Occupational Safety and Health Administration 
        of the Department of Labor, who is a member of the Senior 
        Executive Service (as such term is defined in section 2101a of 
        title 5, United States Code) and whose immediate supervisor is 
        appointed by the President, to serve as the chairperson of each 
        Occupational Safety and Health Small Business Advocacy Review 
        Panel and to carry out the purposes of this Act with respect to 
        the Occupational Safety and Health Administration.
            (2) Disability or absence.--If the employee designated to 
        serve as chairperson under paragraph (1) is unable to serve as 
        chairperson because of disability or absence, the Assistant 
        Secretary for Occupational Safety and Health of the Department 
        of Labor shall designate another employee who meets the 
        qualifications of such paragraph to serve as chairperson.
    (c) Duties of the Chairperson.--
            (1) Initial determination and notification.--
                    (A) Timing.--The chairperson shall take the actions 
                described in subparagraph (B) at least 45 days before 
                the earlier of--
                            (i) the date of publication by an agency of 
                        a general notice of proposed rulemaking in the 
                        Federal Register under section 553(b) of title 
                        5, United States Code, or any other provision 
                        of law; or
                            (ii) the date of publication by an agency 
                        of a proposed rule in the Federal Register.
                    (B) Actions.--With respect to a proposed rule that 
                is the subject of a publication described in clause (i) 
                or (ii) of subparagraph (A), the chairperson shall--
                            (i) determine (in accordance with section 
                        2(9)) whether the subject proposed rule 
                        constitutes a significant rule; and
                            (ii) if so, notify the Administrator of the 
                        Office of Information and Regulatory Affairs 
                        within the Office of Management and Budget and 
                        the Chief Counsel for Advocacy to appoint 
                        review panel members in accordance with section 
                        102(b) for evaluation of the subject 
                        significant rule.
            (2) Establishment of review panels.--
                    (A) In general.--Not later than 15 days after 
                receiving notice under paragraph (1)(B)(ii), or such 
                longer period as the chairperson may allow, review 
                panel members shall be appointed by the Administrator 
                of the Office of Information and Regulatory Affairs 
                within the Office of Management and Budget, the Chief 
                Counsel for Advocacy, and the chairperson in accordance 
                with section 102(b).
                    (B) Exceptions.--A review panel shall be 
                established in accordance with subparagraph (A) unless 
                the chairperson, in consultation with the Chief Counsel 
                for Advocacy, determines (and notifies the agency in 
                writing of such determination) that--
                            (i) a good faith effort to secure enough 
                        non-Federal employee review panel members 
                        necessary to constitute a quorum with respect 
                        to the subject significant rule was 
                        unsuccessful; and
                            (ii) compliance with this Act is not 
                        required with respect to the subject 
                        significant rule due to a lack of availability 
                        of private sector interests.
    (d) Duties Regarding Final Rule.--
            (1) In general.--At least 45 days before the issuance of a 
        final rule, the chairperson shall--
                    (A) notify panel members of the intent of the 
                agency to issue a final rule;
                    (B) provide panel members with a dated draft of the 
                final rule to be issued;
                    (C) solicit comments from panel members in 
                accordance with the duties of the review panel 
                described in section 102(a); and
                    (D) if the chairperson determines that such action 
                is necessary, call one or more meetings of the review 
                panel and, if a quorum is present, direct the review 
                panel to review, discuss, or clarify any issue related 
                to the subject final rule or the preparation of the 
                report under paragraph (2).
            (2) Report.--Except as provided in section 105(b), at least 
        5 days before the issuance of a final rule, the chairperson 
        shall submit a report in accordance with section 105(a).

SEC. 102. SMALL BUSINESS ADVOCACY REVIEW PANELS.

    (a) General Duties.--Before any publication described in clause (i) 
or (ii) of section 101(c)(1)(A) of a proposed significant rule, and 
again before the issuance of such rule as a final rule, the review 
panel shall, in accordance with this Act--
            (1) provide technical guidance to the agency, including 
        guidance relating to--
                    (A) the applicability of the proposed rule to small 
                businesses;
                    (B) enforcement of and compliance with the rule by 
                small businesses;
                    (C) the consistency or redundancy of the proposed 
                rule with respect to other Federal, State, and local 
                regulations and recordkeeping requirements imposed on 
                small businesses; and
                    (D) any other concerns posed by the proposed rule 
                that may impact significantly upon small businesses; 
                and
            (2) evaluate each rule in the context of the requirements 
        imposed under--
                    (A) subsections (b) and (c) of section 603, 
                paragraphs (1) through (3) of section 604(a), section 
                604(b), and paragraphs (1) through (5) of section 609 
                of title 5, United States Code;
                    (B) sections 202 and 205 of the Unfunded Mandates 
                Act of 1995 (Public Law 104-4);
                    (C) subsection (a) and paragraphs (1) through (12) 
                of subsection (b) of section 1 of Executive Order No. 
                12866, September 30, 1993; and
                    (D) any other requirement under any other Act, 
                including those relative to regulatory reform 
                requirements that affect compliance, existing Federal 
                or State regulations that may duplicate, overlap, or 
                conflict with the significant rule, and the readability 
                and complexity of rules and regulations.
    (b) Membership.--Each review panel shall be composed of--
            (1) the chairperson;
            (2) not less than 1 nor more than 3 members appointed by 
        the chairperson from among employees of the agency who would be 
        responsible for carrying out the subject significant rule;
            (3) 1 member appointed by the Administrator of the Office 
        of Information and Regulatory Affairs within the Office of 
        Management and Budget from among the employees of that office 
        who have specific knowledge of or responsibilities relating to 
        the regulatory responsibilities of the agency that would be 
        responsible for carrying out the subject significant rule;
            (4) 1 member appointed by the Chief Counsel for Advocacy 
        from among the employees of the Office; and
            (5) not less than 1 nor more than 3 members selected by the 
        Chief Counsel for Advocacy from among individuals who are 
        representatives of--
                    (A) small businesses that would be impacted by the 
                significant rule;
                    (B) small business sectors or industries that would 
                be especially impacted by the significant rule; or
                    (C) organizations whose memberships are comprised 
                of a cross-section of small businesses.
    (c) Period of Appointment; Vacancies.--
            (1) Period of appointment.--Each review panel member, other 
        than the chairperson, shall be appointed for a term beginning 
        on the date on which the appointment is made and ending on the 
        date on which the report or written record is submitted under 
        section 105.
            (2) Vacancies.--Any vacancy on a review panel shall not 
        affect the powers of the review panel, but shall be filled in 
        the same manner as the original appointment.
    (d)  Quorum.--A quorum for the conduct of business by a review 
panel shall consist of 1 member appointed from each of paragraphs (2) 
through (5) of subsection (b).
    (e) Meetings.--
            (1) In general.--Subject to paragraph (2), the meetings of 
        the review panel shall be at the call of the chairperson.
            (2) Initial meeting.--Not later than 15 days after all 
        review panel members necessary to constitute a quorum have been 
        appointed under subsection (b), the chairperson shall conduct 
        the initial meeting of the review panel.
    (f) Powers of Review Panel.--
            (1) Information from federal agencies.--A review panel may 
        secure, directly from any Federal department or agency, such 
        information as the review panel considers necessary to carry 
        out this title. Upon request of the chairperson, the head of 
        such department or agency shall furnish such information to the 
        review panel.
            (2) Postal services.--A review panel may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.

SEC. 103. REVIEW PANEL PERSONNEL MATTERS.

    (a) Noncompensation of Members.--
            (1) In general.--Members of the review panel who are not 
        officers or employees of the Federal Government shall serve 
        without compensation.
            (2) Federal employees.--Members of the review panel who are 
        officers or employees of the Federal Government shall serve 
        without compensation in addition to that received for their 
        services as officers or employees of the Federal Government.
    (b) Detail of Government Employees.--Any Federal Government 
employee may be detailed to a review panel without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.

SEC. 104. CONSULTATION WITH OTHER ENTITIES.

    In carrying out this title, the chairperson shall consult and 
coordinate, to the maximum extent practicable, the activities of the 
review panel with each office of the agency that is responsible for the 
provision of data or technical advice concerning a significant rule.

SEC. 105. REPORT.

    (a) In General.--Except as provided in subsection (b), the 
chairperson shall, in accordance with section 101(d)(2), submit to the 
appropriate employees of the agency who would be responsible for 
carrying out the subject significant rule and to the appropriate 
committees of the Senate and the House of Representatives a report, 
which shall include--
            (1) the findings and recommendations of the review panel 
        with respect to the significant rule, including both the 
        majority and minority views of the review panel members, 
        regardless of the consensus of opinions that may derive from 
        the meetings of the review panel; and
            (2) recommendations regarding whether a survey with respect 
        to the subject significant rule should be conducted under title 
        II and--
                    (A) if so--
                            (i) a timeframe during which the survey 
                        should be conducted, taking into account the 
                        time required to implement the rule and to 
                        gather appropriate data; and
                            (ii) any recommendations of the review 
                        panel regarding the contents of the survey; and
                    (B) if not, the reasons why such a survey is not 
                recommended.
    (b) Failure To Submit Report.--If the chairperson fails to submit a 
report under subsection (a), on or before the date on which the final 
rule is issued, the chairperson shall--
            (1) prepare a written record of such failure detailing the 
        reasons therefor; and
            (2) submit a copy of such written record to the head of the 
        agency and to the appropriate committees of the Senate and the 
        House of Representatives.

SEC. 106. APPLICABILITY OF OTHER LAW; JUDICIAL REVIEW.

    (a) Inapplicability of Federal Advisory Committee Act.--The 
provisions of the Federal Advisory Committee Act do not apply to any 
review panel established in accordance with this title.
    (b) Prohibition on Judicial Review.--No action or inaction of a 
review panel, including any recommendations or advice of a review panel 
or any procedure or process of a review panel, may be subject to 
judicial review by a court of the United States under chapter 7 of 
title 5, United States Code, or any other provision of law.

SEC. 107. MORATORIUM ON CERTAIN PUBLICATIONS.

    Notwithstanding any other provision of this Act, no agency shall 
make any publication described in clause (i) or (ii) of section 
101(c)(1)(A) until the initial chairperson appointed under section 101 
has had an adequate opportunity to review the subject proposed rule in 
accordance with section 101(c)(1)(A).

                      TITLE II--PEER REVIEW SURVEY

SEC. 201. PEER REVIEW SURVEY.

    (a) In General.--If a review panel makes a recommendation in any 
report submitted under section 105(a) that a survey should be conducted 
with respect to a significant rule, the agency shall contract with a 
private sector auditing firm or other survey-related organization to 
conduct a survey of a cross-section of the small businesses impacted by 
the rule.
    (b) Contents of Survey.--Each survey conducted under this section 
shall address the impact of the significant rule on small businesses, 
including--
            (1) the applicability of the rule to various small 
        businesses;
            (2) the degree to which the rule is easy to read and 
        comprehend;
            (3) the costs to implement the rule;
            (4) any recordkeeping requirements imposed by the rule; and
            (5) any other technical or general issues related to the 
        rule.
    (c) Availability of Survey Results.--The results of each survey 
conducted under this section shall be made available--
            (1) to each interested Federal agency; and
            (2) upon request, to any other interested party, including 
        organizations, individuals, State and local governments, and 
        the Congress.
                                 <all>
HR 1937 IH----2