Summary: H.R.926 — 104th Congress (1995-1996)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (03/01/1995)

TABLE OF CONTENTS:

Title I: Strengthening Regulatory Flexibility

Title II: Regulatory Impact Analyses

Title III: Protections

Regulatory Reform and Relief Act - Title I: Strengthening Regulatory Flexibility - Amends Federal civil service law to revise Federal provisions regarding judicial review of regulatory flexibility analyses.

(Sec. 101) Authorizes an affected small entity to petition for judicial review within one year after the effective date of a final rule which an agency certified would not have a significant economic impact on a substantial number of small entities or for which an agency prepared a final regulatory flexibility analysis.

Requires that, where an agency delays the issuance of a final regulatory flexibility analysis, a petition for judicial review shall be filed not later than one year after the analysis is made available to the public. Authorizes the court, where the agency: (1) certified that such rule would not have a significant economic impact on a substantial number of small entities, to order the agency to prepare a final regulatory flexibility analysis if the court determines that the certification was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; and (2) prepared a final regulatory flexibility analysis, to order the agency to take corrective action if the court determines that the analysis was prepared without observance of proper procedure.

Authorizes the court to stay the rule or grant such other relief as appropriate, if by 90 days after the court order (or such longer period as the court may provide) the agency fails to prepare the required analysis or to take corrective action.

(Sec. 102) Sets forth guidelines governing agency transmittal of proposed rules and initial regulatory flexibility analysis to the Chief Counsel for Advocacy of the Small Business Administration. Authorizes such official to transmit to the agency a statement of the effect of the proposed rule on small entities. Requires publication of such statement and the agency's response in the Federal Register. Exempts from such requirements proposed rules issued by an appropriate Federal banking agency, the National Credit Union Administration, or the Office of Federal Housing Enterprise Oversight relating to the implementation of monetary policy or the safety and soundness of certain federally insured banking institutions or government sponsored housing enterprises.

(Sec. 103) Expresses the sense of the Congress that such official should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule.

Title II: Regulatory Impact Analyses - Amends the Administrative Procedure Act to define a major rule as one likely to result in: (1) an annual effect on the economy of $50 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of U.S.-based enterprises to compete with foreign-based enterprises in domestic and export markets.

(Sec. 202) Requires publication in the Federal Register of notices of intent to engage in major rulemaking at least 90 days before publication of the general notice.

(Sec. 203) Requires a hearing for any major proposed rule, and an extension of the comment period, if more than 100 interested persons acting individually request such things.

(Sec. 204) Requires each agency to prepare a regulatory impact analysis for each major rule promulgated by the agency. Prohibits an agency from adopting a major rule unless the final regulatory impact analysis for the rule is approved or commented upon by the Director of the Office of Management and Budget (OMB).

(Sec. 205) Requires the head of an agency, to the extent practicable, to seek to ensure that any proposed major rule or regulatory impact analysis of such a rule is written in a reasonably simple and understandable manner and provides adequate notice of the content of the rule to affected persons.

(Sec. 206) Exempts from certain rulemaking requirements of such Act certain regulations: (1) pertaining to emergency situations; (2) for which consideration under such Act would conflict with deadlines imposed by statute or by judicial order; (3) connected with implementation of monetary policy or the safety and soundness of certain federally insured banking institutions or government sponsored housing enterprises; and (4) connected with imposition of trade sanctions against any country engaging in illegal trade activities injurious to U.S. technology, jobs, pensions, or general economic well-being. Exempts also from such rulemaking requirements any agency action limited to interpreting, implementing, or administering U.S. internal revenue laws.

(Sec. 207) Requires the OMB Director to report to the Congress an analysis of rulemaking procedures of Federal agencies and an analysis of the impact of those procedures on the regulated public and regulatory process.

Title III: Protections - Directs the President to prescribe regulations for employees of the executive branch to ensure that Federal laws and regulations shall be administered consistent with the principle that any person shall, in connection with the enforcement of such laws and regulations, be protected from abuse, reprisal, or retaliation, and be treated fairly, equitably, and with due regard for such person's rights under the Constitution.