H.R.4949 - Administrative Procedure Reform Act of 1994103rd Congress (1993-1994)
|Sponsor:||Rep. Franks, Bob [R-NJ-7] (Introduced 08/12/1994)|
|Committees:||House - Judiciary|
|Latest Action:||House - 08/18/1994 Referred to the Subcommittee on Administrative Law and Governmental Relations. (All Actions)|
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Text: H.R.4949 — 103rd Congress (1993-1994)All Information (Except Text)
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Introduced in House (08/12/1994)
[Congressional Bills 103th Congress] [From the U.S. Government Printing Office] [H.R. 4949 Introduced in House (IH)] 103d CONGRESS 2d Session H. R. 4949 To amend title 5, United States Code, to reform Federal administrative procedures and improve the regulatory process. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES August 12, 1994 Mr. Franks of New Jersey (for himself, Mr. Meehan, Mr. Gallo, and Mr. DeLay) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 5, United States Code, to reform Federal administrative procedures and improve the regulatory process. 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 ``Administrative Procedure Reform Act of 1994''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) The cost and burden of regulations have risen to historic highs. (2) The number of people writing Federal regulations has grown dramatically from 106,000 in 1989 to 122,440 in 1992--a 15 percent increase in just 3 years. (3) The Federal Government currently has 125,000 bureaucrats working on 5,000 regulations promulgated by 59 different Federal agencies. (4) The 1993 regulatory output of the Federal Government numbered 69,688 pages of regulations, with the Code of Federal Regulations taking up 21 feet of shelf space. (5) The Office of the Federal Register, the publisher of the journal of Federal agency rule making, now teaches classes to assist manufacturers in reading new regulations and proposals. (6) The total cost of administering the Federal regulatory apparatus in fiscal year 1993 was $11,300,000,000. (7) It is estimated that the total cost of regulation of manufacturing approximated, and in some studies exceeded, aggregate after-tax manufacturing profits. (8) The cost of regulatory compliance drains funds for research, job creation, training, wages, and employment benefits. (9) In a February 1993 survey of leading manufacturing chief executive officers, government mandates, including regulations, were identified as the government policies which have done the most to harm United States manufacturing employment in the past 5 years. (10) The vast scope, rigid construction, and costly impact of State and Federal regulatory schemes has created the perception of a hostile climate for manufacturing. SEC. 3. RULE MAKING NOTICES FOR MAJOR RULES. Section 553 of title 5, United States Code, is amended by adding at the end the following: ``(f)(1)(A) The head of an agency shall publish in the Federal Register, at least 90 days before the date of publication of general notice under subsection (b) for a proposed major rule, a notice of intent to engage in rule making. ``(B) A notice under subparagraph (A) 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 section 5(c) (1), (2), and (8) of the Administrative Procedure Reform Act of 1994. ``(2) The head of an agency shall include in a general notice under subsection (b) for a major rule proposed by the agency-- ``(A) a final Regulatory Impact Analysis for the rule prepared in accordance with section 5 of the Administrative Procedure Reform Act of 1994; and ``(B) clear delineation of all changes in the information included in the final Regulatory Impact Analysis under section 5(c)(1) and (2) of the Administrative Procedure Reform Act of 1994 from any such information that was included in the notice for the rule under paragraph (1)(B) of this subsection. ``(3) In this subsection, the term `major rule' has the meaning given that term in section 5(b) of the Administrative Procedure Reform Act of 1994.''. SEC. 4. HEARING REQUIREMENT FOR PROPOSED RULES; EXTENSION OF COMMENT PERIOD. (a) Hearing Requirement.--Section 553 of title 5, United States Code, is further amended-- (1) in subsection (b), in the matter following paragraph (3), by inserting ``(except subsection (g))'' after ``this subsection''; and (2) by adding after subsection (f) (as added by section 3 of this Act) the following: ``(g) If more than 100 interested persons acting individually submit comments to an agency regarding any rule proposed by the agency, the agency shall hold a public hearing on the proposed rule.''. (b) Extension of Comment Period.--Section 553 of title 5, United States Code, is further amended by adding after subsection (g) (as added by subsection (a)(2) of this section) the following: ``(h) If during the 30-day period beginning on the date of publication of notice under subsection (f)(1)(A) for a proposed major rule, or if during the 30-day period beginning on the date of publication or service of notice required by subsection (b) for a proposed 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 that 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) The head of an agency shall publish in the Federal Register with each rule published under section 552(a)(1)(D) of this title, responses to the substance of all comments received by the agency regarding the rule.''. SEC. 5. REGULATORY IMPACT ANALYSIS. (a) Application of Executive Order as Statutory Requirement.-- Except as otherwise provided in this section, Executive Order 12866 (relating to Federal regulation requirements and regulatory impact analysis), as in effect on September 30, 1993, shall apply to each agency in accordance with the provisions of the Order. (b) Definition of Major Rule in Order.--Notwithstanding section 1(b) of the Order, for purposes of subsection (a) of this section, the term ``major rule'' means any proposed regulatory action-- (1) which affects more than 100 persons; or (2) compliance with which will require the expenditure of more than $1,000,000 by any person which is not a Federal agency. (c) Contents of Regulatory Impact Analyses.--In lieu of the information specified in section 3(d) of the Order, each preliminary and final Regulatory Impact Analysis required under section 3 of the Order for a rule shall contain the following: (1) An explanation of the necessity, appropriateness and reasonableness of the rule. (2) A description of the current condition that the rule will address and how that condition will be affected by the rule. (3) A statement that the rule does not conflict with nor duplicate any other rule, or an explanation of why the conflict or duplication exists. (4) A statement of whether the rule is in accord with or in conflict with any legal precedent. (5) A statement of the factual, scientific, or technical basis for the agency's determination that the rule will accomplish its intended purpose. (6) A statement that describes and, to the extent practicable, quantifies the risks to human health or the environment to be addressed by the rule. (7) A demonstration that the rule provides the least costly or least intrusive approach for meeting its intended purpose. (8) A description of any alternative approaches considered by the agency or suggested by interested persons and the reasons for their rejection. (9) An estimate of the nature and number of persons to be regulated or affected by the rule. (10) An estimate of the costs that will be incurred by persons in complying with the rule. (11) An evaluation of the costs versus the benefits derived from the rule, including evaluation of how those benefits outweigh the cost. (12) Whether the rule will require onsite inspections. (13) An estimate of the paperwork burden on persons regulated or affected by the rule, such as the number of forms, impact statements, surveys, and other documents required to be completed by the person under the rule. (14) Whether persons will be required by the rule to maintain any records which will be subject to inspection. (15) Whether persons will be required by the rule to obtain licenses, permits, or other certifications, and the fees and fines associated therewith. (16) Whether persons will be required by the rule to appear before the agency. (17) Whether persons will be required by the rule to disclose information on materials or processes, including trade secrets. (18) Whether persons will be required by the rule to report any particular type of incidents. (19) Whether persons will be required by the rule to adhere to design or performance standards. (20) Whether persons may need to retain or utilize any lawyer, accountant, engineer, or other professional consultant in order to comply with the regulations. (21) An estimate of the costs to the agency for implementation and enforcement of the regulations. (22) Whether the agency can be reasonably expected to implement the rule with the current level of appropriations. (23) A statement that any person may submit comments on the Regulatory Impact Analysis to the Administrator of the Office of Information and Regulatory Affairs. (d) Definitions.--In this section-- (1) the term ``Order'' means Executive Order 12866, as in effect on September 30, 1993; and (2) each of the terms ``agency'', ``regulation'', and ``rule'' has the meaning given that term in section 1 of the Order. SEC. 6. ADDITIONAL RESPONSIBILITIES OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET. An agency may not adopt a major rule unless the final Regulatory Impact Analysis for the rule is approved in writing by the Director of the Office of Management and Budget or by an individual designated by the Director for that purpose. SEC. 7. STANDARD OF CLARITY. The head of an agency may not publish in the Federal Register any proposed major rule, summary of a proposed major rule, or Regulatory Impact Analysis unless the Director of the Office of Management and Budget certifies that the proposed major rule, summary, or Analysis-- (1) is written in a reasonably simple and understandable manner and is easily readable; (2) is written to provide adequate notice of the content of the rule, summary, or Analysis to affected persons and interested persons that have some subject matter expertise; (3) conforms to commonly accepted principles of grammar; (4) contains only sentences that are as short as practical and organized in a sensible manner; and (5) does not contain any double negatives, confusing cross references, convoluted phrasing, unreasonably complex language, or term of art or word with multiple meanings that may be misinterpreted and is not defined in the rule, summary, or analysis, respectively. SEC. 8. REPORT BY OIRA. The Administrator of the Office of Information and Regulatory Affairs shall submit a report to the Congress no later than 12 months after the date of the enactment of this Act containing an analysis of rule making procedures of Federal agencies and an analysis of the impact of those rule making procedures on the regulated public and regulatory process. SEC. 9. DEFINITIONS. For purposes of this Act-- (1) except as provided in section 5(d)(2), each of the terms ``agency'', ``rule'', and ``rule making'' has the meaning given that term in section 551 of title 5, United States Code; and (2) the term ``major rule'' has the meaning given that term in section 5(b). <all>