[Congressional Record Volume 141, Number 110 (Monday, July 10, 1995)]
[Senate]
[Pages S9641-S9642]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


              COMPREHENSIVE REGULATORY REFORM ACT OF 1995

                                 ______


                ABRAHAM (AND OTHERS) AMENDMENT NO. 1490

  Mr. ABRAHAM (for himself, Mr. Dole, Mr. Kyl, Mr. Grams, Mr. Nickles, 
and Mr. Hatch) proposed an amendment to amendment No. 1487 proposed by 
Mr. Dole to the bill (S. 

[[Page S 9642]]
343) to reform the regulatory process, and for other purposes; as 
follows:

       (a) On page 27, line 13, strike ``subsection'' and insert 
     ``subsections''; and (b) on page 27, line 13, after ``(c)'', 
     insert ``and (e)''; and (c) on page 30, before line 10, 
     insert the following:
       ``(e) Review of Rules Affecting Small Businesses.--(1) 
     Notwithstanding subsection (a)(1), any rule designated for 
     review by the Chief Counsel for Advocacy of the Small 
     Business Administration with the concurrence of the 
     Administrator for the Office of Information and Regulatory 
     Affairs, or designated for review solely by the Administrator 
     of the Office of Information and Regulatory Affairs, shall be 
     included on the next-published subsection (b)(1) schedule for 
     the agency that promulgated it.
       ``(2) In selecting rules to designate for review, the Chief 
     Counsel for Advocacy of the Small Business Administration and 
     the Administrator of the Office of Information and Regulatory 
     Affairs shall, in consultation with small businesses and 
     representatives thereof, consider the extent to which a rule 
     subject to sections 603 and 604 of the Regulatory Flexibility 
     Act, or any other rule meets the criteria set forth in 
     paragraph (a)(2).
       ``(3) If the Administrator of the Office of Information and 
     Regulatory Affairs chooses not to concur with the decision of 
     the Chief Counsel for Advocacy of the Small Business 
     Administration to designate a rule for review, the 
     Administrator shall publish in the Federal Register the 
     reasons therefor.
       Redesignate subsequent subsections accordingly.
                                 ______


                  NUNN (AND OTHERS) AMENDMENT NO. 1491

  Mr. NUNN (for himself, Mr. Coverdell, and Mr. Inhofe) proposed an 
amendment to the amendment No. 1487 proposed by Mr. Dole to the bill S. 
343, supra; as follows:

       On page 14, line 10, strike out ``or''.
       On page 14, line 16, add ``or'' after the semicolon.
       On page 14, insert between lines 16 and 17 the following 
     new subparagraph:
       ``(C) any rule or set of closely related rules, not 
     determined to be a major rule pursuant to subparagraph (A) or 
     (B) that the agency proposing the rule determines will have a 
     significant economic impact on a substantial number of small 
     businesses, pursuant to subchapter I;
       On page 39, line 22, strike out ``and''.
       On page 39, line 24, strike out the period and insert in 
     lieu thereof a semicolon and ``and''.
       On page 39, add after line 24 the following new 
     subparagraph:
       ``(C) an agency certification that a rule will not have a 
     significant economic impact on a substantial number of small 
     entities pursuant to section 605(b).
       On page 40, line 5, insert ``and section 611'' after 
     ``subsection''.
       On page 68, strike out all beginning with line 9 through 
     line 11 and insert in lieu thereof the following:
       ``(A) include in the final regulatory flexibility analysis 
     a determination, with the accompanying factual findings 
     supporting such determination, of why the criteria in 
     paragraph (2) were not satisfied; and
       On page 72, insert between lines 14 and 15 the following 
     new subsection:
       (e) Amendments to the Regulatory Flexibility Act.--
       (1) Improving agency certifications regarding 
     nonapplicability of the regulatory flexibility act.--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 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, along with a 
     succinct statement providing the factual reasons for such 
     certification, in the Federal Register along with the general 
     notice of proposed rulemaking for the rule. The agency shall 
     provide such certification and statement to the Chief Counsel 
     for Advocacy of the Small Business Administration.''.
       (2) Technical and clarifying amendments.--Section 612 of 
     title 5, United States Code, is amended--
       (A) 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''; and
       (B) in subsection (b) by striking ``his views with respect 
     to the effect of the rule on small entities'' and inserting 
     ``views on the rule and its effects on small entities''.
       On page 72, line 15, strike out ``(e)'' and insert in lieu 
     thereof ``(f)''.
     

                          ____________________