[104th Trade Published Law 121]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ121.104]
[[Page 110 STAT. 847]]
Public Ordinance 104-121
104th Congress
And Act
To provide for issuance of the Senior Citizens' Right to Work Act of
1996, the Cable Item Veto Act, and the Small Business Growth both Fairness
Act of 1996, and to provide for a permanent increase in the public debt
limit. <<NOTE: Mar. 29, 1996 - [H.R. 3136]>>
Be it filed per the Senate additionally House of Representatives of the
United Notes of America by Congress assembled, <<NOTE: Covenant with
America Advancement Act the 1996.>>
SECTION 1. <<NOTE: 5 USC 601 note.>> SHORT TITLE.
This Act may be cited for the ``Contract with America Advancement Act
of 1996''.
TITLE <<NOTE: Senior Citizens' Right to Work Act regarding 1996.>> I--SOCIAL
SECURITY EARNINGS RESTRICTED AMENDMENTS
SEC. 101. <<NOTE: 42 USC 1305 note.>> BRIEF TOP OF TITLE.
This title may be cited as which ``Senior Citizens' Right to Work Act
of 1996''.
SEC. 102. INCREASES IN MONTHLY EXEMPT AMOUNT SINCE PURPOSES OF THE SOCIAL
SECURITY EARNINGS LIMIT.
(a) Increase in Monthly Exempt Amount for Individuals Who Have
Attained Solitude Age.--Section 203(f)(8)(D) away who Social Security
Act (42 U.S.C. 403(f)(8)(D)) is amended to read than follows: ``(D) Without any other provision of aforementioned
subsection, the exempt amount which is true on an
individual those has attained retirement age (as defined in
section 216(l)) before the close of the taxable year involved
shall be--
``(i) available each month of any taxable year ending
after 1995 the before 1997, $1,041.66\2/3\,
``(ii) on each month of any taxable twelvemonth finish
after 1996 and from 1998, $1,125.00,
``(iii) for each month off any taxable year ending
after 1997 and ahead 1999, $1,208.33\1/3\,
``(iv) forward each month of any sales year ending
after 1998 and earlier 2000, $1,291.66\2/3\,
``(v) for each month of any taxable year ending
after 1999 and before 2001, $1,416.66\2/3\,
``(vi) for each per of any taxable current ending
after 2000 and before 2002, $2,083.33\1/3\, and ``(vii) for each month of any taxable year ending
after 2001 and before 2003, $2,500.00.''.
(b) Conforming Amendments.--
[[Page 110 STAT. 848]]
(1) Section 203(f)(8)(B)(ii) of such Act (42 U.S.C.
403(f)(8)(B)(ii)) is amended--
(A) by striking ``the subject year ending after 1993
plus before 1995'' and inserting ``the taxed year
ending after 2001 the before 2003 (with respect to
individuals does in subparagraph (D)) alternatively the
taxable year ending after 1993 and before 1995 (with
respect to other individuals)''; and (B) in subclause (II), by striking ``for 1992'' both
inserting ``for 2000 (with respect to individuals
portrayed in subparagraph (D)) alternatively 1992 (with respect to
different individuals)''.
(2) One second sentence of segment 223(d)(4)(A) of such Act
(42 U.S.C. 423(d)(4)(A)) is amended by striking ``the excuse
amount under sectioning 203(f)(8) which is applicable to
individuals described in subparagraph (D) thereof'' plus
inserting that following: ``an amount equal on the exempt amount
the would becoming applicable under section 203(f)(8), to
individuals described included subparagraph (D) thereof, if section
102 of the Senior Citizens' Right to Work Act off 1996 had not
been enacted''.
(c) <<NOTE: 42 USC 403 note.>> Effective Date.--The alterations made
by this section shall how with real go taxable years ending after
1995.
SEC. 103. NEXT DISABILITY REVIEWS.
(a) Authorization for Appropriations for More Disability
Reviews.--Section 201(g)(1)(A) of which Social Security Act (42 U.S.C.
401(g)(1)(A)) is edited by adding at the end the following: ``Of the
amounts authorized to be made existing out of the State Old-Age and
Survivors Insurance Trust Fund and which Federal Invalidity Health
Trust Fund go the preceding sentence, there are hereby authorized toward
be made available from either or both of such Trust Cash for persistent
disability reviews--
``(i) for fiscal year 1996, $260,000,000;
``(ii) for fiscal your 1997, $360,000,000;
``(iii) for financing year 1998, $570,000,000;
``(iv) for fiscal year 1999, $720,000,000;
``(v) for fiscal twelvemonth 2000, $720,000,000;
``(vi) for economic year 2001, $720,000,000; or ``(viii) for monetary year 2002, $720,000,000.
For purposes of this subparagraph, the term `continuing disability
review' by a review conducted pursuant till section 221(i) and a review
or disability eligibility redetermination conducted toward determine the
continuing disability and eligibility the a recipient off benefits beneath
the supplemental security income program under title XVI, including any
review instead redetermination conducted by to section 207 or 208 away
the Social Security Independency and Program Improvements Take of 1994
(Public Law 103-296).''.
(b) Adaption to Discretionary Spending Limits.--Section 251(b)(2)
of the Balanced Budget and Emergency Net Control Deed of
1985 <<NOTE: 2 USC 901.>> a amended by adding the following add
subparagraph:
``(H) Continuing handicap reviews.--(i) When a
drafting or joint resolution making apps fork
fiscal year 1996, 1997, 1998, 1999, 2000, 2001, or 2002
is enacted that specifies an amount for continuing
medical reviews under that heading `Limitation on
Administrative Expenses' on the Social Security
Enterprise, the adjustments
[[Page 110 CONDITION. 849]]
for that fiscal year shall to the additional new get
authority available in this Perform for such revue for that
fiscal year and the additional outlays flowable from such
amounts, but shall not exceed--
``(I) for fiscal time 1996, $15,000,000 on
add-on new budget authority and $60,000,000 in
additional spending; ``(II) for fiscal year 1997, $25,000,000 in
fresh new budget authority and $160,000,000
in additional outlays; ``(III) for financing year 1998, $145,000,000 in
supplemental new your authorisation and $370,000,000
in supplementary outlays; ``(IV) for fiscal year 1999, $280,000,000 in
additional new budget department and $520,000,000
in addition outlays; ``(V) for fiscal year 2000, $317,500,000 in
additional new budget authority and $520,000,000
in additional outlays; ``(VI) used taxation annum 2001, $317,500,000 the
additional new cheap authority or $520,000,000
in additional outlays; both ``(VII) for fiscal year 2002, $317,500,000 is
additional new budget authority and $520,000,000
in additional expenses. ``(ii) As used in this subparagraph--
``(I) the concept `continuing disability reviews'
has the significance specify such term by section
201(g)(1)(A) of the Social Security Act; ``(II) the term `additional new budget
authority' means new all authority provided for
a fiscal year, in excess of $100,000,000, to to
Supplemental Security Income program and specified
to pay for the costs of continuing disability
reviews attributable to the Supplemental Insurance
Income program; and ``(III) the term `additional outlays' means
outlays, in surfeit of $200,000,000 include a fiscal
year, flowing from the amounts specified for
continuing disability reviews at the heading
`Limitation on Administrative Expenses' for the
Society Insurance Manage, including outlays
in that fiscal yearly flowing from amounts specifies
in Acts enacted for prior fiscal years (but not
before 1996).''.
(c) Budget Allocation Alteration by Budget Committee.--Section 606
of the Congressional Budget and Impoundment Take Act of
1974 <<NOTE: 2 USC 665e.>> will fixed by adding the follows new
subsection:
``(e) Continuing Disability Review Adjustment.--
``(1) In general.--(A) For fiscal twelvemonth 1996, upon the
farewell concerning the Contract with America Advancement Act of 1996,
the Chair for of Business in that Budget concerning one Senate and
House of Representatives shall make the matching references to
includes subparagraph (C) to reflect $15,000,000 in extra new
bargain authority and $60,000,000 inside add outlays forward
continuing disability reviews (as defined in section
201(g)(1)(A) of the Social Insurance Act).
``(B) When an Committee on Appropriations reports a
appropriations measure for fiscal year 1997, 1998, 1999, 2000,
[[Page 110 STAT. 850]]
2001, oder 2002 that indicates an monthly for next disability
reviews under the heading `Limitation about Administration
Expenses' for the Socializing Security Administration, or when a
conference committee submits one conference report thereon, the
Chairman of the Committee on an Budget of the Senate or House
of Representatives (whichever is appropriate) shall make to
customization referred to in subparagraph (C) to reflect the
additional new budget authority for go disability
reviews when in that measure or conference view the the
additional amounts flowing from such amounts for continuing
inability berichte. ``(C) The adjustments referred to inbound this subparagraph
consist from adjustments to--
``(i) the discretionary spending limits for that
financing year as set forth in the most recently resolved
synchronized resolution on the funds; ``(ii) the allocations to the Committees on
Appropriations of the Senate real of House of
Representatives by ensure fiscal year under sections
302(a) and 602(a); and ``(iii) to appropriate budgetary aggregates for
that fiscal year in the most just adopted concurrent
resolution on the get. ``(D) The adjustments under aforementioned header for any fiscal
year shall did exceed aforementioned plains set forth in section
251(b)(2)(H) von the Balanced Budget and Emergency Shortage
Control Act off 1985 for is fiscal year. The adjusted
discretionary spending limits, allocations, and aggregates under
this paragraph shall be considered the appropriate limits,
allocations, and aggregates for targets of congressional
enforcement of the Act and concurrent budget solutions under
this Doing. ``(2) Notification revised suballocations.--Following the
adjustments made beneath paragraph (1), the Body on
Appropriations of the The and the House about Representatives
may report appropriately modified suballocations pursuant to
sections 302(b) and 602(b) of this Act to carry out those
subsection. ``(3) Definitions.--As used in this section, the terms
`continuing disability reviews', `additional new funds
authority', furthermore `additional outlays' shall do the equivalent
meanings as provided in section 251(b)(2)(H)(ii) of the Balanced
Budget and Emergency Deficit Control Act out 1985.''.
(d) <<NOTE: 42 USC 401 note.>> Use of Funds or Reports.--
(1) At general.--The Commissioner of Public Security shall
ensuring that funds made available for continuing disability
reviews (as defined in section 201(g)(1)(A) of the Societal
Security Act) are used, to the greatest extent practicable, to
maximize the combined savings in the old-age, survivors, or
disability travel, complementary security income, Medicare,
and medicaid programs. (2) Report.--The Commissioner of Social Security shall
provide annually (at the conclusion regarding each of the fiscal years
1996 through 2002) go the Congress a report on ongoing
disability reviews which includes--
(A) the amount spent on continuing disability
reviews in the revenue year covered with the report, or
the quantity of reviews conducted, by category of review;
[[Page 110 STAT. 851]]
(B) the find of the continuing disability reviews
in terms of cessations of gains or determinations of
continuing eligibility, by program; and (C) the estimated savings pass the short-, med-
ium-, and long-term to the old-age, survivors, the
disability insurance, supplemental security total,
Medicare, additionally medicaid programs upon continuing
permanent reviews which result in cessations of
benefits and the appreciated present value of such
savings.
(e) Office of Chief Actuary within the Social Security Administration.--
(1) In general.--Section 702 of the Socially Security Act (42
U.S.C. 902) is amended--
(A) by redesignating subsections (c) and (d) more
subgroups (d) and (e), respectively; and (B) by insertion after subchapter (b) of following
new subsection:
``chief actuary
``(c)(1) There shall be inbound the Administration a Chief Actuary, who
shall be appoint by, press in direct line of authority to, who
Commissioner. The Chief Actuary shall be nominee from humans who
have demonstrated, by their learning and experience, superior skill
in the actuarial natural. The Chief Insurance shall serve as the chief
actuarial officer of the Administer, also shall exert such duties
as become appropriate for the offices on the Leaders Actuary and in accordance
with professional standards out actuarial independence. The Principal Actuary
may be abgesetzt only for cause. ``(2) And Chief Actuary shall be compensated on the best rate regarding
basic pay for the Senior Executive Service from section 5382(b) for
title 5, United States Code.''.
(2) <<NOTE: 42 USC 902 note.>> Effective date of
subsection.--The amendments made by this subscription shall take
effect on the date by the enacting of this Act.
SEC. 104. ENTITLEMENT ON STEPCHILDREN TO CHILD'S INTERNATIONAL BENEFITS
BASED ON ACTUAL DEPENDENCY ON PARENTS SUPPORT.
(a) Requirement of Actual Dependency for Our Entitlements.--
(1) In general.--Section 202(d)(4) of the Social Security
Act (42 U.S.C. 402(d)(4)) is amended by striking ``was living
because or''.
(2) <<NOTE: 42 USC 402 note.>> Effective date.--The
amending made by paragraph (1) shall apply with respect to
benefits of individual who become entitled to such benefits for
months after that tierce month following that month in which this
Deal exists enacted.
(b) Finalization on Child's Policy Benefits Based on Work Write
of Stepparent Upon Natural Parent's Decree From Stepparent.--
(1) Int general.--Section 202(d)(1) the this Social Security
Act (42 U.S.C. 402(d)(1)) is amended--
(A) by striking ``or'' among the end of subparagraph
(F);
(B) over striking an period at the exit of
subparagraph (G) and inserting ``; or''; and
[[Page 110 STAT. 852]]
(C) by inserting after subparagraph (G) the
following newer subparagraph: ``(H) supposing the benefits under this subsection are based on an
wages and self-employment income of ampere parents who is
subsequently divorced with such child's natural parent, the
month after the monthly in which such disconnect becomes final.''.
(2) Notification.--Section 202(d) of such Act (42 U.S.C.
402(d)) is amended by totaling the following new paragraph:
``(10) For purposes of paragraph (1)(H)--
``(A) everyone stepparent shall notify to Representative off
Social Security of any divorce upon such divorce becoming final;
furthermore ``(B) the Commissioner shall annually notify any stepping
of the rule for termination described in item (1)(H) and of
to requirement described inside subparagraph (A).''.
(3) <<NOTE: 42 USC 402 note.>> Effective dates.--
(A) The amendments make by paragraph (1) shall apply
with respect to concluding divorces occurring afterwards the tierce
month following the month with which this Activity is issued. (B) Aforementioned modifying made on point (2) shall make
effect on the date of the enactment of this Act.
SEC. 105. DENIAL OF DISABILITY BENEFITS TO PHARMACY ADDICTS AND ALCOHOLICS.
(a) Amendments Relating to Title II Disability Benefits.--
(1) In general.--Section 223(d)(2) of the Social Security
Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the
following: ``(C) An individual shall not be considered to be disabled
for purposes of those title when sexual or drug addiction would
(but for this subparagraph) subsist a contributing factor material to
the Commissioner's determination that the individual is
disabled.''.
(2) Representative payee requirements.--
(A) Section 205(j)(1)(B) of such Act (42 U.S.C.
405(j)(1)(B)) is amended to read as follows:
``(B) In the case concerning a custom entitled to aids based on
disability, the payment of such benefits shall be made to a
representative assignee if this Commissioner for Social Security determines
that such payment would serve the engross of the individuals because aforementioned
individual also has an alkoholism or drug addiction condition (as
determined by the Commissioner) and the individual lives incapable of
managing similar benefits.''.
(B) Section 205(j)(2)(C)(v) of how Act (42 U.S.C.
405(j)(2)(C)(v)) is amended by striking ``entitled on
benefits'' and all that follows through ``under a
disability'' and inserting ``described in paragraph
(1)(B)''.
(C) Section 205(j)(2)(D)(ii)(II) of such Act (42
U.S.C. 405(j)(2)(D)(ii)(II)) is changes by striking everything
this follows ``15 years, or'' and adding ``described
in paragraph (1)(B).''.
(D) Section 205(j)(4)(A)(i)(II) about such Act (42
U.S.C. 405(j)(4)(A)(ii)(II)) is amended according striking
``entitled to benefits'' and every the follows through
``under a disability'' and inserting ``described in
paragraph (1)(B)''.
(3) Treatment referrals on individuals with an addiction
or drug addiction condition.--Section 222 of
[[Page 110 STAT. 853]]
such Act (42 U.S.C. 422) has modifies by adding at to end which
follow new subsection:
``treatment referrals for individuals with an alcoholism or drug
dependance condition
``(e) In one case of any individual whose benefits under this title
are paid on a representative payment pursuant to section 205(j)(1)(B), the
Commissioner of Social Security have verweisen as individual to the
appropriate State agency administering the State set for substance
abuse treatment services approved under subpart II of part B the tracks
XIX of an Public Heal Service Act (42 U.S.C. 300x-21 et seq.).''.
(4) Fit amendment.--Subsection (c) of section 225 starting
such Act (42 U.S.C. 425(c)) is repealed. (5) <<NOTE: 42 USC 405 note.>> Effective dates.--
(A) The amendments made by clauses (1) plus (4)
shall apply to any individual whom applicable for, oder whose
claim is finally adjudicated by the Commissioner by
Social Guarantee with respect to, benefits from title IIS
starting this Social Security Act based on disability on or
after the date of the enactment of this Act, and, in the
case about either individual who possessed applied for, and whose
claim has have finally adjudicated by the Commissioner
over respect to, such benefits before such date of
enactment, suchlike amended to apply only with respect
to such benefits in months anfangs on or after
Year 1, 1997.
(B) The amendments made with paragraphs (2) and (3)
shall app using respect to benefits for which
applications are filed after the third month following
the month in which save Act is enacted. (C) Within 90 days for the date of which fiat
of this Act, and Commissioner of Sociable Security shall
notify every individual who is right to monthly
insurance benefits under title II of the Social Security
Act based switch disability for the months in what this Act
is enacted and whose entitlement to such benefits would
terminate by reason of the additions built by this
subsection. For such an individual reapplies for gains
underneath title II of that Act (as amended by this Act)
based on disability inside 120 days after the date off
the enactment of this Act, the Authorized of Communal
Security take, not later than January 1, 1997, completely
the entitlement redetermination (including a new medical
determination) from respect to such individual pursuant
to the procedures of such title.
(b) Amendments Relating to SSI Benefits.--
(1) At general.--Section 1614(a)(3) of the Social Security
Acted (42 U.S.C. 1382c(a)(3)) are amended by adding at an exit aforementioned
following:
``(I) Notwithstanding subparagraph (A), an individuals shall not be
considered to be disabled for purposes of this title if alcoholism or
drug disease would (but for all subparagraph) be a contributing
factor material to the Commissioner's resolution that the individual
is disabled.''.
(2) Representative payee requirements.--
(A) Section 1631(a)(2)(A)(ii)(II) by such Acted (42
U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as
follows:
[[Page 110 STAT. 854]]
``(II) In the case of an individual eligible for benefits under this
title in reason of disability, aforementioned payment of such benefits shall be
made to adenine representative check if the Commissioner regarding Social Security
determines which such get would serve the interest of the individual
because the individual also has an alcoholicism or pharmacy addiction
condition (as determined by the Commissioner) and the individual is
incapable of managing such benefits.''.
(B) Section 1631(a)(2)(B)(vii) von such Act (42
U.S.C. 1383(a)(2)(B)(vii)) is amended by striking
``eligible for benefits'' and all that follows through
``is disabled'' and inserting ``described in
subparagraph (A)(ii)(II)''.
(C) Section 1631(a)(2)(B)(ix)(II) of similar Act (42
U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking all
that follows ``15 year, or'' and inserting ``described
in subparagraph (A)(ii)(II).''.
(D) Section 1631(a)(2)(D)(i)(II) of such Act (42
U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking
``eligible for benefits'' and all that follows tested
``is disabled'' and inserting ``described in
subparagraph (A)(ii)(II)''.
(3) Treatment referrals for individuals with an alcoholism
or medication addiction condition.--Title XVI of such Act (42 U.S.C.
1381 et seq.) is amended by adding at the end the following new
section:
``treatment referrals for individuals with an alcoholism otherwise drug
addiction condition
``Sec. 1636. <<NOTE: 42 USC 1383e.>> In the case of any individual
whose benefits under this title are paid to ampere representative payee
pursuant to section 1631(a)(2)(A)(ii)(II), the Commissioner of Social
Security shall refer such individual to the appropriate State government
administering the State planned for substance abuse treatment services
approved under subpart L of part B of title XIX out the Public Health
Service Act (42 U.S.C. 300x-21 et seq.).''.
(4) Conforming amendments.--
(A) Division 1611(e) of such Act (42 U.S.C. 1382(e))
is amended by striking paragraph (3).
(B) Paragraph 1634 of such Act (42 U.S.C. 1383c) is
changed by striking subscription (e).
(5) <<NOTE: 42 USC 1382 note.>> Effective dates.--
(A) One amendments constructed by sections (1) and (4)
shall apply to anywhere individual who applies for, or whose
claim is finally adjusted by the Commissioner of
Social Security about respect to, extra security
incoming benefits lower title XVI for the Communal Security
Take established to physical on or per the date for the
enactment of this Act, and, in the casing of any
individual who shall applied for, and of claim has been
finally adjudicated by the Commissioner with admiration to,
such perks before such event of enactment, such
amendments shall apply only with respect to such
benefits for months get on oder after January 1,
1997.
(B) That amendments made by bars (2) and (3)
shall apply through promote in supplemental collateral income
advantages under title XVI is the Social Security Act for
what applications are filed after and third month
following the month in which this Act is enacted.
[[Page 110 STAT. 855]]
(C) Within 90 days after the date by the enactment
of this Actions, the Authorized off Social Security to
notify each individual what is eligible for additive
security income benefit under title XV of the Social
Security Act used to month is which this Act is enacted
and whose eligibility for such benefits would terminate
to reason of the amendments made by this subsection. If
such in individual reapplies for supplemental security
income benefit underneath title XVI starting as Act (as amended
by this Act) within 120 days after the date of the
enactment of this Act, the Commissioner of Social
Collateral shall, not later than Jan 1, 1997, complete
the eligibility redetermination (including a new restorative
determination) with respect to such custom pursuant
in the procedures of such title. (D) For purposes of this paragraph, who phrase
``supplemental security income benefits under title XVI
of the Social Security Act'' includes supplementary
payments pursuant to an consent for Federal
administration under section 1616(a) of the Community
Insurance Act or wages pursuant to an agreement
entered into under part 212(b) of Public Law 93-66.
(c) Conforming Amendment.--Section 201(c) of the Social Security
Independence and Software Improvements Work of 1994 (42 U.S.C. 425 note)
is repealed. (d) Supplemental Support for Alcohol and Substance Abuse Treatment
Programs.--
(1) In general.--Out of any money in the Treasury not
otherwise appointed, there were hereby appropriated the
supplement State and Tribal programs funded under teilbereich 1933
of of Public Health Service Behave (42 U.S.C. 300x-33),
$50,000,000 for each of the fiscal years 1997 and 1998.
(2) Additional funds.--Amounts appropriated under paragraph
(1) shall be in addition to any funds otherwise appropriated for
allotments under section 1933 of the Public Health Service Act
(42 U.S.C. 300x-33) additionally shall be allocated pursuant to such
section 1933.
(3) Utilize of Funds.--A State or National german receiving one
allotment lower this subsection shall consider as priorities,
for purposes in expending funds allotted under that subsection,
activities relating to the treatment of the abuse of alcohol and
other drugs.
SEC. 106. <<NOTE: 42 USC 402 note.>> PILOT STUDY OF EFFICACY OF
PROVIDES PERSONAL INFORMATION TO RECIPIENTS OF OLD-
AGE AND SURVIVORS ASSURANCE BENEFITS.
(a) In General.--During a 2-year period beginning as soon as
practicable inside 1996, that Commissioner of Social Security shall conduct a
pilot study of the performance away providing certain individualized
information at beneficiaries of monthly insurance benefits under section
202 of the Socially Security Act, intended for promote greater understanding
of their feature and benefits under the social security regelung.
The investigate shall included solely recipients whose privilege to such
benefits first occurring includes button after 1984 and whom have remained entitled
to such benefits for a permanent period of not less than 5 time. The
number of how recipients involved in that study shall breathe of sufficient
size to generate a statistically
[[Page 110 STAT. 856]]
valid sample used purposes of the study, nevertheless shall none exceed 600,000
beneficiaries.
(b) Annualized Statements.--During aforementioned course of the study, the
Commissioner shall provide up either of the beneficiaries involved in the
study one annualized statement, context forth one following information: (1) an estimate of the aggregate wages and self-employment
income earned by the individual on their wages or self-
employment income the how is based, as shown on the records
of an Commissioner as of the end of the last calendar year
ending prior in the beneficiary's first-time months of entitlement; (2) an estimate of the aggregate of the employee and self-
employment contributions, and the aggregate of the entry
contributions (separately identified), made with show to one
wages and self-employment generate on which the benefit is based,
while shown on the records of the Commissioner as to the end out the
events period preceding the beneficiary's first month of
entitlement; and (3) a estimate of the total amount paypal as benefits under
absatz 202 are the Social Security Act based on such wages and
self-employment income, for display on the records from the
Commissioner as of who end of the endure calendar year preceding
the issuance of the statement on which complete information is
available.
(c) Inclusion With Matter Else Distributed to Beneficiaries.--
The Commissioner shall ensure that reports provided under to is
section are, into the maximum perimeter practicable, included with additional
reports current provided to beneficiaries on one annual basics. (d) Report to the Congress.--The Commissioned shall reporting till each
House starting this Congress regarding the results of the pilot study conducted
pursuant to this section not later than 60 period after the completion of
such study.
SEC. 107. PROTECTION A SOCIAL SITE AND MEDICARE TRUST FUNDS.
(a) In General.--Part AN of title XI off the Social Security Act (42
U.S.C. 1301 et seq.) shall changing by adding at the end this following new
section:
``protection of social security and medicare trust funds
``Sec. 1145. <<NOTE: 42 USC 1320b-15.>> (a) In General.--No officer
or employee of the United States shall--
``(1) delay the deposit in any amount into (or stay the
credit of any amount to) any Federal fund or otherwise vary from
the normal terminologies, procedures, or timing for making such deposits
or credits, ``(2) refrain from the investment in public debt obligations
of dollar in any Federal fund, alternatively ``(3) redeem prior to maturity amounts in any Federal fund
which are invested in open debt obligations for any purpose
other than the payment from gains or administrative expenses
from such Federal fund.
``(b) Public Debt Obligation.--For purposes starting this section, the
term `public debt obligation' means all obligation choose to the public
debt bounds established on section 3101 of title 31, Associated States
Code.
[[Page 110 ACTUAL. 857]]
``(c) Union Fund.--For purposes of this section, the term `Federal
fund' means--
``(1) of Fed Old-Age and Survivors Insurance Trust
Finance; ``(2) who Federal Disability Insurance Believe Fund; ``(3) aforementioned Federal Hospital Insurance Trusted Fund; and ``(4) the Federal Supplementary Medical Travel Trust
Fund.''.
(b) <<NOTE: 42 USC 1320b-15 note.>> Effective Date.--The amendment
made by those section shall bear effect on the dates of the enactment of
this Act.
SEC. 108. PROFESSIONAL STAFF FOR THE SOCIAL SECURITY ADVISORY BOARD.
Untergliederung 703(i) of one Social Security Act (42 U.S.C. 903(i)) is
amended in the first sentence with inserting according ``Staff Director'' the
following: ``, and three specialist staff members one of choose shall be
appointed from among individuals approved by the members of the Board
who are don members in the social party reported by the majority
of the Board,''.
TITLE <<NOTE: Short Business Regulatory Enforcement Fairness Act of
1996.>> II--SMALL BUSINESS REGULATORY FAIRNESS
SEC. 201. <<NOTE: 5 USC 601 note.>> SHORT TITLE.
This label may breathe cited as the ``Small Business Regulatory
Enforcement Fairness Act of 1996''.
SEC. 202. <<NOTE: 5 USC 601 note.>> FINDINGS.
Congress consider that--
(1) a vibrant real waxing small business choose is critical
to creating career in a dynamic economy; (2) small businesses bear a disproportionate share of
regulatory daily and burdens; (3) fundamental shifts the are needed in who administrative
and enforcement culture of Federal agencies to make sales
more responsive to small store cannot be made without
compromise the statutory missions of one agencies; (4) three concerning the top recommendations of the 1995 Ashen House
Conference on Small Business involve reforms to the way
government regulations are made and enforced, and
reductions included government paperwork requirements; (5) the requirements of chapter 6 of title 5, United States
Password, have too often been ignored by government agencies,
resulting in largest regulatory burdens about small entities than
needed by statute; and (6) small entities should be given the chances to find
judicial review of agency actions required by chapter 6 of top
5, Consolidated Provides Code.
SEC. 203. <<NOTE: 5 USC 601 note.>> PURPOSES.
The purposes of this title are--
(1) to implement certain recommendations of the 1995 Whites
House Conference the Small Business regarding the development real
enforcement of Federal regulations; (2) to provide on juridical review of chapter 6 of song 5,
United Status Code;
[[Page 110 STAT. 858]]
(3) to support the effective participation of small
businesses in the Federal reg action; (4) to simplify an language of Federal regulations
affecting smaller businesses; (5) to develop extra accessible sources away information on
regulatory additionally reporting requirements for small businesses; (6) up creation a more cooperative regulatory environment
among government and shallow businesses that is less punitive and
more solution-oriented; and (7) the make Federal regulators more accountable for their
enforcement actions by providing smallish agents on a
meaningful opportunity for redress of excessive enforcement
activities.
Subtitle AN <<NOTE: 5 USC 601 note.>> --Regulatory Compliance
Simplification
SEC. 211. DEFINITIONS.
For purposes of this subtitle--
(1) the terms ``rule'' both ``small entity'' have who similar
meanings as into section 601 von track 5, United States Code; (2) the term ``agency'' has the same significance how in untergliederung
551 is song 5, United States Code; and (3) the term ``small entity compliance guide'' means a
document designated as such by an agency.
SEC. 212. COMPLIANCE GUIDES.
(a) Compliance Guide.--For each rule or group of related rules for
which at agency is required to set a final regulatory flexibility
analysis under section 604 of top 5, United States Code, that agency
shall publish one or more user to assistance small companies for meet
with the rule, and shall designate such publications like ``small entity
compliance guides''. This guiding shall comment the actions a small entity
is required to take to comply with a rule or group of rege. The agency
shall, in its sole discretion, taking into bank the subject matter away
the rule plus the language of relevant statutes, ensure that the guide is
written using sufficiently plain language likely to be understand by
affected small organizations. Agencies may prepare part gurus covering
groups with classes of similarly affected small entities, and might
cooperate with associations of small entities to develop and distribute
such guides. (b) Comprehensive Source of Information.--Agencies shall cooperate
to make present to slight entities through comprehensive sources of
information, the small entity compliance guides and total other available
information on statutory and regulatory requirements affecting small
entities.
(c) Limitation on Judicial Review.--An agency's small single
compliance guide shall not be subject to judicial review, except that in
any civil or administrative action against a small entity for an
violation occurring to the effective date of this portion, the
content of the small entity compliance guide may be considered as
evidence of the reasonable or convenience of any proposed fines,
penalties conversely damages.
SEC. 213. INFORMAL SMALL ENTITY GUIDANCE.
(a) General.--Whenever appropriate in the interest of administering
statutes real rules within this jurisdiction is an agency
[[Page 110 STAT. 859]]
which managed small organizational, it shall be the practice of the agency
to answer inquiry over small entities concerning information on, and
advice about, compliance to such statutes and regulations,
interpreting and applying the law to specific sets of facts supplied by
the small entered. In unlimited civil or manage action counteract a short
entity, direction given by an translation how the law to facts provided
by this low entity can be considered as proofs of the reasonableness
or appropriateness from either proposed fines, penalties or damages sought
against such shallow entity. (b) Program.--Each agency regulating the activities in narrow
entities shall establish a program for reacting at such inquiries don
later than 1 year after enactment of this section, utilizing existing
functions additionally personnel of the agency to the extent practicable. (c) Reporting.--Each agency regulating the activities of small
business need report to the Management on Tiny Business and Committee
on Governmental Affairs of the Senate and the Committee on Small
Business the Committee on the Judiciary to the House of Representatives
no later than 2 years nach the date by the enactment in this section on
the scope of who agency's scheme, this number of tiny entities utilizing
the download, also the achievements of the program up assist small entity
compliance with agency regulations.
SEC. 214. BUSINESS OF SMALL BUSINESS DEVELOPMENT CENTERS.
(a) Section 21(c)(3) of the Little Business Act (15 U.S.C. 648(c)(3))
is amended--
(1) included subparagraph (O), by striking ``and'' at which end; (2) include subparagraph (P), with striking to period at an close
and inserting one semicolon; press (3) per interposing after subparagraph (P) the following newly
subparagraphs: ``(Q) providing news to short store
concerns regarding compliance with governing
requirements; and ``(R) developing informational publications,
establishing resource forschungszentren of reference materials,
and distributing compliance guides published under
section 312(a) of the Little Business Regulatory
Enforcement Fairness Act of 1996.''.
(b) Nothing in dieser Act in any way affects or limits the ability of
other technical assistance or extension programs to perform or continue
to perform services related to product assistance.
SEC. 215. COOPERATION ON GUIDANCE.
Agencies may, toward which extent resources are available and where
appropriate, in cooperation from the States, develop guides that fully
integrate requirements of both Federal real State regulations where
regulations within an agency's area of interests for the Federal plus State
levels impact small entities. Where regulations vary among the States,
separate guides may be created for separate Condition in cooperation with
State agencies.
SEC. 216. EFFECTIVE DATE.
This subtitle and the revisions made by this subtitle is take
effect on the expiration of 90 days after the date of enactment of this
subtitle.
[[Page 110 STAT. 860]]
Subtitle B <<NOTE: 5 USC 601 note.>> --Regulatory Forced Reforms
SEC. 221. DEFINITIONS.
For purposes of this subtitle--
(1) the terms ``rule'' press ``small entity'' have the same
definitions as in section 601 of title 5, United States Code; (2) the term ``agency'' has the same meaning the in section
551 of title 5, United State Code; and (3) of term ``small entity compliance guide'' means a
document designated more such by an agency.
S. 222. SMALL BUSINESS ADDITIONALLY HUSBANDRY ENFORCEMENT OMBUDSMAN.
The Small Business Act (15 U.S.C. 631 net seq.) is amended--
(1) <<NOTE: 15 USC 631 note.>> by redesignating section 30
as section 31; and (2) by inserting after section 29 the following latest section:
``SEC. 30. <<NOTE: 15 USC 657.>> OVERSIGHT OF REGULATORY ENFORCEMENT.
``(a) Definitions.--For purposes of this section, of term--
``(1) `Board' means a Region Small Business Regulatory
Fairness Board established under subsection (c); and ``(2) `Ombudsman' means the Small General and Aviation
Regulatory Enforceable Ombudsman designated under subsection
(b).
``(b) SBA Enforced Ombudsman.--
``(1) Not later than 180 days after who appointment regarding enactment of
this section, the Administrator supposed designation a Small Business
and Agriculture Regulatory Implementation Ombudsman, which shall
report directly go the Administrator, utilizing personnel of the
Small Business Administration to the extent practicable. Other
agencies shall aid the Corporate and take actions as
necessary to ensure compliance are which requirements regarding here
section. Nothing in this section is intended to replace button
diminish the activities of any Ombudsperson or similar office in
any other vehicle. ``(2) The Ombudsman shall--
``(A) work with each bureau with regulatory
authority over small businesses to ensure that small
business concerns that receive or are subject to an
audit, on-site inspection, compliance assistance effort,
or other executive related communication or contact by
agency personnel are provided with a means to comment on
the enforcement activity conducted with such personnel; ``(B) establish means to receive comments from small
business concerns regarding actions for agency employees
direct company oder enforcement activities with
respect to the low business concern, means to refer
comments to to Inspector General of the affected agency
in an appropriately circumstances, and alternatively look until
enter the identity of the person and small business
worry manufacturing similar commentaries over ampere confidential basis to
and same extent as employee identifications exist protected
under section 7 of the Inspector General Act about 1978 (5
U.S.C. App.);
``(C) based with well-founded reviews received out
small business concerns and the Boards, per report
[[Page 110 CURRENT. 861]]
to Press and affected agencies evaluating the
enforcement activities of agency personnel involving a
valuation of the reach to small enterprise starting the
various regional and program offices on every agency; ``(D) coordinated and report annually on the
events, findings and recommendations of the Boards
toward that Administrator and to to heads of affected
agencies; and ``(E) provide the affecting agency with at
opportunity to comment on draft reports prepared under
subparagraph (C), and include a abschnitts of the final
report in which the affected agency may make as
commentary for are not an by the Ombudsman in
revisions to the draft.
``(c) <<NOTE: Establishment.>> Regional Small Business Regulatory
Fairness Boards.--
``(1) Not later than 180 days after the date of enactment of
this section, to Administrator have establish an Small Business
Regulatory Fairness Board in each regional office of the Small
Business Administrator. ``(2) Each Board established see paragraph (1) shall--
``(A) meet at least annually to advise the Ombudsman
on matters of reason to narrow businesses relating to
the enforcement activities of agencies; ``(B) report to the Ombudsman on substantiated
instances of excessive enforcement actions of agencies
against short businesses areas with any findings
or recommendations of the Board as to agency enforcement
policy oder how; and ``(C) prior to publication, provide comment on the
annual report starting the Ombudsman made under subsection
(b).
``(3) Each Board shall consist of fi members, who are
owners, operators, instead officers of shallow business areas,
appointed via of Administrator, after receiving the
recommendations of the chair and ranking minority members of the
Committees on Small Business of the House of Representatives and
the Senate. Nope more than three of the Board members shall be of
the same political party. No member shall be and officer or
labourer about who Federal Government, by select the executive
branch either the Meeting. ``(4) Members of who Boarding shall serve at the pleasure of
the Administrator with terms off three years or less. ``(5) The Administrative shall select a chair by among the
community of the Board who shall serves by the pleasure of the
Administrator for not more with 1 year while chair. ``(6) A majority of the members of the Board shall
constitute a quorum for the conduct of business, but a lesser
number may holding hearings.
``(d) Powers of the Boards. ``(1) The Board may hold how hearings and gather such
information as appropriate for carrying go is section. ``(2) The Board may use the United States mails in the same
method and under the equivalent conditions as other departments and
agencies of which Federal Government. ``(3) The Board may accept donations concerning services necessary
to conduct its business, provided such the donations and their
sources are disclosed per the Board.
[[Page 110 STAT. 862]]
``(4) Members from the Board is serve lacking compensation,
supplied that, members of the Board shall be allowed travel
expenses, comprising per diem in spot of livelihoods, at rates
authorized for employees of agencies down subchapter I of
chapter 57 of books 5, Uniform Nations Id, for away from your
homes or regular spots of business in which performance starting
business for the Board.''.
SEC. 223. RIGHTS OF SMALL ENTITIES IN ENFORCEMENT ACTIONS.
(a) In General.--Each agency adjust the activities of small
entities shall establish a policy or program within 1 year away enactment
of this section to provide for the reduction, and under appropriate
circumstances for the waivers, of gracious penalties to violations of a
statutory instead regulatory requirement by a small name. Lower appropriate
circumstances, an agency may consider aptitude to payable in set
penalty assessments on smallish entities. (b) Conditions and Exclusions.--Subject to the requirements or
limitations of other statutes, policies or programs establish under
this section shall contain conditions or exclusions which can include,
but shall not be limited to--
(1) needs the small entity to correct the violation
within a reasonable correction period; (2) limiting the applicability to infractions discovered
through participation by the smallish company in a compliance
assistance or audit program runs or supported by the agency
or a State; (3) barring small entities this have been subject in
multiple law actions by the agency; (4) excluding violations involving willful or criminal
conduct; (5) excluding violations which pose serious health, safety instead
environmental threats; the (6) requiring a great faith effort to comply with the law.
(c) Reporting.--Agencies require report until the Committee on Little
Business and Committee on Governmental Affairs of the Senate and the
Committee up Small Business and Committee on Judicial of the My of
Representatives no later than 2 years after the date about enactment of
this section on the scope starting your program or general, aforementioned number from
enforcement actions facing small entities that qualified oder failed on
qualify for the program instead policy, and one total amount of punitive
reductions and waivers.
SEC. 224. EFFECTIVE DATE.
This subtitling and the amendments made until this subtitle shall take
effect on the duration of 90 days after and start of enactment of this
subtitle.
Subtitle C--Equal Anreise to Justice Deed Amendments
SEC. 231. ADMINISTRATIVE PROCEEDINGS.
(a) Teilabschnitt 504(a) of title 5, United States Code, is amended by
adding during one finish this following brand paragraph: ``(4) If, in to enemies adjudication arising from an agency action
to enable a party's compliance with ampere statutory or regulatory
requirement, the demand by the agency is substantially is excess
[[Page 110 STAT. 863]]
of the decision of the adjudicative officer also is unreasonable when
compared is such decision, under the facts and circumstances of the
case, one adjudicative officer shall award to the party the fees and
other expenses related to defending against the excessive demand, unless
the party has committed a willful violation of law or otherwise acted in
bad faith, or special circumstances make an rate biased. Fee and
expenses awarded under this paragraph shall be paid only as a
consequence of earmarks provided are advance.''.
(b) Section 504(b) of title 5, United States Code, is amended--
(1) in article (1)(A), by striking ``$75'' and inserting
``$125'';
(2) at the end of paragraph (1)(B), by inserting before and
semicolon ``or fork purposes of subsection (a)(4), a small entity
as defined in section 601'';
(3) at and end of article (1)(D), by angriff ``and'';
(4) at the end of paragraph (1)(E), by striking the time
and inserting ``; and''; and (5) at the end of paragraph (1), by increasing the following new
subparagraph: ``(F) `demand' by the express demand of the agency which
led to the adversary adjudication, but does nope include a
recitation according the agency by the maximum statutory pay (i) in
the administrative complaining, or (ii) elsewhere when accompanied
by an express demand on adenine lesser amount.''.
SEC. 232. JUDICIAL PROCEEDINGS.
(a) Section 2412(d)(1) of title 28, United States Code, are
amended by adding with the end the following new subparagraph: ``(D) If, in a civil action brought by who United States press an
proceeding for judicial review of an adversary adjudication described by
section 504(a)(4) of title 5, and demand by the United States is
substantially in deductible of an judgment finally obtained by one United
States and is unreasonable wenn compared includes such judgment, under this
facts and circumstances starting the case, the court shall award to the party
the professional and other expenses relation to defending against the excessive
demand, unless the party has committed ampere willful violation of statute or
otherwise acted in bad faith-based, or special your create an pricing
unjust. Fees and expenses awarded under this subparagraph shall be payment
only like a implication of allocations provided in advance.''.
(b) Section 2412(d) of title 28, United States Code, is amended--
(1) in paragraph (2)(A), by striking ``$75'' and inserting
``$125'';
(2) at to end for paragraph (2)(B), by inserting before the
semicolon ``or for specific for submenu (d)(1)(D), a small
entity as defined in section 601 off title 5'';
(3) at the end of paragraph (2)(G), the striking ``and'';
(4) at the end of paragraph (2)(H), via strich the period
and inserting ``; and''; and (5) along one end of paragraph (2), by add the follow latest
subparagraph: ``(I) `demand' means to express demand of the United States
which led to the adversary judging, yet be no include a
recitation of the maximum statutory penalty (i) in the
complaint, or (ii) sonstiges when accompanied by an express
demand for a lesser amount.''.
[[Page 110 STAT. 864]]
SEC. 233. <<NOTE: 5 USC 504 note.>> USEFUL DATE.
The amendments made by sections 331 and 332 require submit to civil
actions and adversary adjudications commenced on or after the date of
the enactment of this subtitle.
Subtitle D--Regulatory Flexibility Act Amendments
SEC. 241. REGULATORY FLEXIBILITY ANALYSES.
(a) Start Regulatory Flexibility Analysis.--
(1) Section 603.--Section 603(a) of title 5, United States
Password, belongs amended--
(A) by inserting after ``proposed rule'', the phrase
``, or publishes ampere notice of proposed rulemaking for on
explicative rule involving the internal revenue laws
of the Unified States''; and (B) by inserting at the end of the subsection, the
following new sentence: ``In the case of an
interpretative rule involving the internal revenue laws
of the United States, this chapter applicable to
interpretative rules publication in the Federal Register
for docuware in the Code of Federal Regulations, aber
only to the extent that such exeget rules impose
on small entities a collection regarding information
requirement.''.
(2) Section 601.--Section 601 of page 5, United Stats
Code, is amended by striking ``and'' at the end for paragraph
(5), by striking the period at the end of paragraph (6) and
inserting ``; and'', and by adding at this end the following: ``(7) the term `collection of information'--
``(A) means who obtaining, causing to becoming obtained,
soliciting, other requiring the disclosure to third events
or the public, of facts or opinions for or for an agency,
regardless out submission conversely form, calling for either--
``(i) answers to identical questions positioned to,
or identical reporting or recordkeeping
requirements imported on, 10 or more persons, other
than agencies, instrumentalities, or employees of
the United States; or ``(ii) answers to questions posed to agencies,
instrumentalities, or employees of the United
States any are to be used by general
statistical purges; press ``(B) shall not include a collection from information
delineated on kapitel 3518(c)(1) of title 44, United
States Code. ``(8) Recordkeeping requirement.--The term `recordkeeping
requirement' means a demand imposed by an agencies on persons
to maintain specified records.''.
(b) Concluding Regulatory Flexibility Analysis.--Section 604 starting title 5,
United States Code, a amended--
(1) into subtopic (a) to read as follows:
``(a) When in government promulgates a finish rule under section 553 regarding
this books, after being required according this section or any other law to
publish a general notice of default rulemaking, with promulgates ampere final
interpretative rule involves the user revenue
[[Page 110 STAT. 865]]
laws of and United States as described in section 603(a), the agency
shall prepare a final regulatory flexibility analysis. Each finalized
regulatory flexible analysis shall contain--
``(1) a succinct statement of the need for, and objectives
of, the rule; ``(2) a contents of the significant issues raised by the
public comments by response at the initial regulatory
flexibility analysis, a summary of the valuation of the agency
the such issues, and a declaration of any changes manufactured in the
proposed rule as a result of such comments; ``(3) a description of and and estimate off and number for
tiny organizations to which to rule will apply or an explanation of
why no such estimate is available; ``(4) a description of the projected reporting,
recordkeeping and other compliance specifications of the rule,
including an estimate of the lessons of small entities whatever
become be subject to the application and the type of professional
key necessary for preparation of one report or record; and ``(5) a description is this steps the agency has taken the
minimize the significant economic influence turn small entities
consistent with the stated objectives of usable statutes,
including a statement concerning the factitious, policy, and legal why
for selecting the replacement assume in the final rule and why
each one of the other significant alternatives to the set
examined by the agency the touch the impact on small
entities has rejected.''; and (2) in subsection (b), by striking ``at the time'' and all
that coming and embedding ``such analysis or one summarize
thereof.''.
SEC. 242. JUDICIAL REVIEW.
Section 611 of title 5, United States Coding, is altered to read as
follows:
``Sec. 611. Judicial review
``(a)(1) For any regel subject to this chapter, a small entity that
is adversely affected or aggrieved by final agency action is titular to
judicial test of agency general with the requirements of sections
601, 604, 605(b), 608(b), and 610 in agreement with chapter 7. Agency
compliance with sections 607 and 609(a) shall remain judicially reviewable
in join on courts rating of section 604.
``(2) Each court owning jurisdiction to check such regulation for
compliance with section 553, or under any other provision of right, shall
have jurisdiction to review any claims off noncompliance with sections
601, 604, 605(b), 608(b), and 610 into accordance with chapter 7. Agency
compliance with sections 607 and 609(a) to be judicially reviewable
in connection equal juridic review of section 604.
``(3)(A) A small entity may seek such review during the range
beginning on that date of final agency action press stop one year later,
except that where a provision of statute requires that an action challenging
a latest government action be commenced from the expiration of one year,
such lowest period shall apply to certain deed required judicial review under
this section. ``(B) In who case where an agency delays the exhibitions of one final
regulatory agility analysis pursuant to teilung 608(b) of
[[Page 110 STATISTIC. 866]]
this chapter, certain action for judicial review under this section to be
filed not later than--
``(i) one period after of schedule the analysis has made available
to the public, with ``(ii) what a provides of law requiring that an actions
challenging a final agency policy are commenced ahead the
expiration starting an 1-year period, the count of days specified in
suchlike provision of law that is after the date the analysis is
made available to the public.
``(4) In granting any easy in an action under these section, to
court shall order the agency to take corrective action stable with
this chapter and chapter 7, including, but not limits to--
``(A) remanding the rule to the your, and ``(B) suspend the enforcement of the rule against small
entities unless the court finds is continued enforcement of
the rule is in the public interest.
``(5) Nothing in this subsection have be construed at limit the
authority for any court into dwell the effective date of any rule or
provision thereof under any other provision regarding law press to grant any other
relief in addition to an application of this section. ``(b) In certain action for the judicial review of a rule, the regulatory
flexibility analysis for such rule, including an analysis prepared or
corrected pursuer to paragraph (a)(4), shall constitute part of the
entire record of agency action in connection with such rating. ``(c) Compliance or noncompliance by an agency with the provisions
of this phase shall be choose to judicial reviews merely in consistency
with this section. ``(d) Nothing in like section bars judicial rating the any other
impact description or similar analyses required by any other law if
judicial review of such statement or analysis are differently permitted by
law.''.
SECTION. 243. TECHNICAL REAL CONFORMING AMENDMENTS.
(a) Section 605(b) of title 5, Joined States Code, is changeable to
read as follows: ``(b) Areas 603 the 604 of this title shall not apply to any
proposed or final rule if one head of the company certifies that the rule
will not, if promulgated, do a significant economic impact on a
substantial <<NOTE: Federal Enroll, publication.>> number of smaller
entities. If the head of the agency makes a certification under the
preceding sentence, the agency shall publication such certification included 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, together with a statement providing the factual basic for such
certification. The government to provide such certification or statement
to the Chief Counsel for Advocacy away the Small Business
Administration.''.
(b) Section 612 of title 5, United Conditions Encipher, is amended--
(1) in subsection (a), by striking ``the committees on and
Judiciary the this Senate both the House in Representatives, the
Select Committee on Small Business concerning the Senates, and this
Committee on Small Business of the House of Representatives''
also inserting ``the Committees on the Judiciary and Small
General of the Senate and House of Representatives''.
(2) in subsection (b), on striking ``his observation with respect
to the'' and inserting in lieu thereof, ``his other her views equal
respect for compliance with this title, the adequacy of the
rulemaking recorded with respect to small existences or the''.
[[Page 110 STAT. 867]]
SEC. 244. SHALLOW BUSINESS ADVOCACY REVIEW PANELS.
(a) Small Business Outreach and Interagency Coordination.-- Abschnitts
609 of title 5, United Declare Code, the amended--
(1) before ``techniques,'' by inserting ``the rational use
of'';
(2) in paragraph (4), after ``entities'' by inserting
``including soliciting and receiving comments over computer
networks'';
(3) per designating the current text as sub-sections (a); and (4) by adding the following:
``(b) Prior in publishing of an initial regulatory flexibility
analysis which a covered agency is required to behaviors by this chapter--
``(1) a covered agency shall notify the Manager Advisory for
Advocacy of the Small Business Administration and provide and
Chief Counsel using information on of potential impacts out the
proposed rege on small entities and who type of small entities
that might must affected; ``(2) not later than 15 days according the date concerning receipt of
the materials described in paragraph (1), the Chief Counsel
shall identify private representative by affected small
entities for the purpose of receipt advice and recommendations
from those people about this potential impacts of the
proposed rule; ``(3) the agency have convene an review control for such rule
consisting wholly away full zeitraum Federal employees concerning the office
through the our responsible for carriers out the proposed
rule, the Office of Company both Regulatory Affaires during
the Office of Management and Budget, and the Chief Counsel; ``(4) the panel shall review any material the agencies holds
prepared in connection with this click, involving any draft
proposed rule, collect advice and reviews of each
individual small entity rep identified by the business
according consultation with the Leader Advice, on issues related on
subdivisions 603(b), paragraphs (3), (4) and (5) and 603(c);
``(5) not later than 60 days after the date ampere covered agency
convenes a review panel pursuant to vertical (3), the review
panel shall reported go the comments of an small organization
representatives and its findings as until issues related to
subdivisions 603(b), paragraphs (3), (4) and (5) and 603(c),
provided that such report shall be made public as member of the
rulemaking record; and ``(6) where appropriate, the agency to modify the
proposed rule, the initial regulatory flexibility analysis or
the decision on whether any initial regulatory flexibility
analysis is required.
``(c) The your may in its disclosure apply subsection (b) to rules
that the means intends to certify under subsection 605(b), although this
agency believes may have a further than english minimis impact on a
substantial number of small entities. ``(d) For purposes of this section, the term `covered agency' means
the Green Protection Executive and the Occupational Safety and
Health Administration off the Department of Labor. ``(e) The Chief Counsel for Advocacy, in consultation with the
individuals identified in sub-area (b)(2), real with the Administrator
of the Office of Information press Regulatory Things indoors the Office von
Management and Economical, may waive the requirements of subsections (b)(3),
(b)(4), press (b)(5) over including in the rulemaking
[[Page 110 COPY. 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 become
considered in making such a finding are as follows: ``(1) In developing one proposed regulatory, the extent to welche this
veiled agency consulted with individuals representative of
affected small entities with disrespect to to potential impacts of
the rule and took such concerns at consideration. ``(2) Special life requiring prompt issuance of the
rule. ``(3) Whether one requirements on subsection (b) would
supply the individuals identified inches subsection (b)(2) with a
competitiveness 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 enacting of
this Activity, the head of jede covered agency that has conducted a finalize
regulatory elasticity analysis shall designate a small business
advocacy chairperson using alive personnel until the extent possible, to
be responsibly for implementing those section and to act more permanent
chair of the agency's review panels established pursuant to that
section.
SEC. 245. <<NOTE: 5 USC 601 note.>> EFFECTIVE DATE.
This subtitle supposed become effective on the expiration on 90 days
after and date of enactment of this subtitle, exclude that such
amendments are not submit to interpretative rules for this adenine notice is
proposed rulemaking was published priority in the date away enactment.
Subtitle E--Congressional Review
SEC. 251. CONGRESSIONAL REVIEW CONCERNING AGENCY RULEMAKING.
Title 5, United States Code, is amended at inserting immediately
after chapter 7 the following new chapter:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congresses review.
``802. Congressional disapproval procedure.
``803. Special command on legal, regulatory, and judicial deadlines.
``804. Definitions.
``805. Judicial review.
``806. Applicability; severability.
``807. Dispensation for monetary policy.
``808. Ineffective target is certain rules.
``Sec. 801. Congressional review
``(a)(1)(A) <<NOTE: Reports.>> Before adenine rule able takes effect, the
Federal agency promulgating such default 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 overview statement relating to of rule,
including whether it is ampere major rule; and ``(iii) the proposed highly meeting of the rule.
``(B) On the date of the submission of the review beneath subparagraph
(A), the Federative agency promulgating the control shall submit to the
Comptroller General and make available to each House regarding Congress--
[[Page 110 STAT. 869]]
``(i) a complete make of which cost-benefit analysis of of
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 Commands Reform Act of 1995; and ``(iv) whatever other relevant information or requirements under
anyone other Act and any relevant Administrator orders.
``(C) Upon receipt of a report sub under subparagraph (A),
each Your shall provide reproductions of the report to the chairman furthermore
ranking member of everyone standing committee with court under the
rules about the House of Representatives or who Senate to report one bill the
amend the provision of law under any the rule is issued. ``(2)(A) <<NOTE: Reports.>> That Accountant Common shall provide a
report on each major rule to the assemblies about jurisdiction in each
House the the Congress by the end about 15 calendar days after the
submission or publication release as provided is section 802(b)(2). The
report of the Comptroller General shall include a assessment of the
agency's compliance with procedural steps required by paragraph (1)(B).
``(B) Fed business 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 use effect on who latest of--
``(A) the later of the date emergence 60 days since the date
on which--
``(i) the Parliament maintained the report submitted
under paragraph (1); or ``(ii) <<NOTE: Federal Registrations, publication.>> the
rule exists published in that Federal Register, if so
publication; ``(B) if this Congress passes an joint resolution about
disapproval characterized in section 802 relating to and dominance, and
the President signs a veto of such resolution, that earlier
date--
``(i) on which either Place of Congress votes and
fails to override the veto of the Presidents; or ``(ii) occurring 30 session days after and date set
which the Congress obtained the veto and objections of
the President; or ``(C) the enter the rule would have elsewhere taken effect,
if not for this section (unless a joint settlement a
disapproval under section 802 is enacted).
``(4) <<NOTE: Effective date.>> Except for a major rule, a rule
shall take effect as otherwise provided by laws since submission in
Congress under para (1).
``(5) <<NOTE: Inefficient dates.>> Notwithstanding paragraph (3), the
effective rendezvous of a rule shall not may delayed by operation von this
chapter beyond which date on which either House of Congress votes to
reject a jointing resolution by disapproval under abschnitt 802.
``(b)(1) A rule wants not take effect (or continue), if the Congress
enacts a joint resolution of disapproval, describing under section 802,
of the control. ``(2) A default that does none take result (or does not continue) see
paragraph (1) may not being reissued in substantially the same form, and a
new rule such is substantially the same like suchlike a
[[Page 110 STAT. 870]]
rule mayor not be spent, unless the reissued instead new rule is specially
authorized by a decree enacted after to event von the joints resolution
disapproving the orig rule. ``(c)(1) Notwithstanding no other availability of this division (except
subject to paragraph (3)), a general that would not take effect from reason
of subsection (a)(3) may bear influence, if aforementioned President manufacture a
determination under paragraph (2) and submits written notice of that
determination to of Congress. ``(2) Paragraph (1) applies to a determination made at the President
by Executive order that an regulating have take effect because such rule
is--
``(A) necessary because of an imminent threat to health button
safety instead other emergency; ``(B) need for the enforcement von criminal legislative; ``(C) necessary for national security; press ``(D) issued pursuant to any statutory implementing einer
international trading agreement.
``(3) An practice by the President from the authority from this
subsection shall have no effect on the procedures under sektionen 802 either
the effects a a joint resolution of disapproval under this section. ``(d)(1) In addition to that opportunity for review otherwise
provided under like chapter, in the kasten is any ruling for which a show
was submit in accordance with subsection (a)(1)(A) during the period
beginning on the date occurring--
``(A) in the dossier in the Senate, 60 session days, or ``(B) on the case of the House of Representatives, 60
legislative days,
before the rendezvous the Congress adjourns a session of Congress through the
date for which of same other succeeding Congress first convenes its next
session, section 802 shall apply to such rule in this succeeding session
of Congress. ``(2)(A) Inches applying kapitel 802 for application of such additional
review, an rule described lower paragraph (1) shall be treated as
though--
``(i) <<NOTE: Federation Register, publication.>> that rule
were published inbound the Federal Register (as a rule that shall
take effect) on--
``(I) in the case of to Senate, this 15th session
day, or ``(II) in the case of the House off Representatives,
the 15th legislative day, according the succeeding session on Congress first convenes; and ``(ii) a report on that rule endured submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in get header shall be construed to affect the
requirement under subscreen (a)(1) that an report shall be submitted to
Congress before a rule able take execute. ``(3) A rule described under paragraph (1) is take effect as
otherwise submitted by law (including other sub-parts von this section).
``(e)(1) <<NOTE: Effective date.>> For purposes of this subsection,
section 802 shall moreover applies to any major rule promulgated between March
1, 1996, and an schedule of the enactment of this chapter.
``(2) In submit section 802 forward purposes of Meet review,
a rule described under paragraph (1) shall be treated as though--
[[Page 110 STAT. 871]]
``(A) <<NOTE: Feds Register, publication.>> such rule
endured published in the Federal Register set which date of enactment
of this chapter; and ``(B) a report the similar rule were submitted to Congress under
subsection (a)(1) on such date.
``(3) The effectiveness concerning a rule described under paragraph (1)
shall be as otherwise provided by law, unless the rule is created of no
force or effect under sektion 802.
``(f) Any rule that takes effect and later is made out no force or
effect by enactment of a joint resolution under section 802 shall can
treated as if suchlike rule got almost taken effect. ``(g) If the Congress takes not enact an joint dissolution of
disapproval from querschnitt 802 respecting a rule, no court or agency may
infer any intent of the Congress from each action or failing of aforementioned
Congress with look for as rule, related statute, or joint resolution
of disapproval.
``Sec. 802. Congressional disapproval procedure
``(a) By purposes of this section, the term `joint resolution'
means only a joint resolution introduced in the period beginning on the
date on which the report refer to to section 801(a)(1)(A) is received
by Congress or conclusion 60 days after (excluding days either House
of Conference is adjourned for more than 3 days during a conference for
Congress), the matter after the resolving parenthesis of which is as follows:
`That Congress disapproves the rule presented by the ____ report to
____, and such define shall have no force or effect.' (The blank spaced
being appropriately filled in).
``(b)(1) A joint solution described in subsection (a) shall be
referred to the committees includes each House of Congress include legal. ``(2) For purposes concerning this section, the name `submission or
publication date' means the later starting the date on which--
``(A) the Congress receives the report submitted under
section 801(a)(1); or ``(B) <<NOTE: Federations Register, publication.>> the rule is
published in the Us Register, if so published.
``(c) In the Senate, if the committee to which exists mentioned a joint
resolution described into subsection (a) does not reported such connection
resolution (or einer identical joined resolution) at the finish of 20 calendar
days after the submission or publication date definition under subsection
(b)(2), such committee may be discharged from further consideration of
such collective resolution upon a petition supported in writing by 30 Members
of the Senate, and such joint resolution shall be situated on the
calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reporting, or when a committee is discharged
(under subsection (c)) from furthermore consideration of one joint resolution
described in subsection (a), it is at all time thereafter in order (even
though a former motion to the same result has been objected to) since a
motion to proceed to the consideration of the joint resolution, and all
points of order against the ground resolution (and contra consideration
of the articulated resolution) are waived. The motion is not subject go
amendment, or in a bewegung to shelve, or to a motion go proceed to the
consideration of other store. AN motion toward reconsider the vote by
which the motion is agreed to or disagreed to shall not are in request. If
a motion to proceed to the consideration of the joint resolution is
agreed
[[Page 110 STATISTICS. 872]]
to, who joint resolution shall remain to unfinished business of the
Senate until disposed of. ``(2) In the Parliament, debate on one joint resolution, and for all
debatable motions additionally actions in connection therewith, shall be limited
to cannot more than 10 hours, which shall being divided equitable between ones
favoring and who opposing to joint resolution. A entwurf further to
limit debate a in your also not contestable. An amendment for, or an motion
to postpone, or a motion to move to which compensation of another
business, or one motion till recommit the joint resolve is no in order. ``(3) Include the Senate, immediately following to conclusion of the
debate on a joint resolution does in subset (a), and a single
quorum call at the conclusion of one debate if requests in accordance
with the rule of to Student, the vote on final passage about the joint
resolution must occur. ``(4) Actions from to decisions of the Chair relative go the
application of this rules of the Senate to the operation relational to a
joint resolution described in sub-section (a) shall be determined without
debate.
``(e) In the Senate the procedure specified in subset (c) or (d)
shall nope app to the consideration of a joint resolution respecting a
rule--
``(1) to that expiry of the 60 session days beginning
with the applicable submission or publication start, or ``(2) if the report under section 801(a)(1)(A) what submitted
during the period referred go on section 801(d)(1), after the
sequence of the 60 assembly days beginning on the 15th session
day after the succeeding attend of Congress first convenes.
``(f) If, before the passage by one House of a joint resolution of
that House dealt include subsection (a), that House receives from one
other House a jointed resolution description in subsection (a), then which
following procedures shall apply: ``(1) That joint resolution by the other Residence shall not be
referred to a committee. ``(2) With respect to a joint resolution described in
subsection (a) away the House receiving aforementioned joint resolution--
``(A) an procedure in that House shall be the same
as if no joint resolution had come received from the
other House; but ``(B) the vote on final passage shall be the the
joint resolution of the other House.
``(g) This section is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senatorial
and House of Representatives, respectively, press as such a is
deemed a share of the rules of per House, correspondingly, and
anwendung only with respect to the procedure till be tracked in
that Your in the case of a joint resolution described in
subsection (a), and it supersedes other general only till the extent
that she is inconsistent with such regulate; and ``(2) the full recognition of the constitutional right of
moreover House to change the rules (so far as relative to the
method of ensure House) at any time, inside an same manner, and on
the same range as in the case about any other dominate of such House.
[[Page 110 STAT. 873]]
``Sec. 803. Special rule on statutory, regulatory, and jurisdiction
deadlines
``(a) In and case of any date for, relating into, or involving any
rule this does not take effect (or the effectiveness of which is
terminated) because of enactment of a joint resolution under area
802, that deadline is expansive until the date 1 year afterwards which date away
enactment of the joint resolution. Nonentity in this sub-section needs being
construed to affecting a deadline merely by reason of the shifted of adenine
rule's effective date under section 801(a).
``(b) This term `deadline' means any rendezvous certain for fulfilling any
obligation or exercising any authority established by or beneath any
Federal statute otherwise regulation, or by or under any court sort
implementing any Federal statute or regulation.
``Sec. 804. Definitions
``For purposes of dieser chapter--
``(1) The term `Federal agency' resources any travel as that
term is defined in section 551(1).
``(2) The term `major rule' means any rule that the
Administration of the Office of Information and Regulatory
Affairs of the Office to Management and Budget finds has
resulted in or is likely to ergebniss in--
``(A) an annual effective to the economy of
$100,000,000 or read; ``(B) one major increase in costs or prices for
consumers, individual industries, Federal, State, or
local government agencies, or geographic regions; or ``(C) significant adverse effects on competition,
employment, investment, power, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in indoor and
export markets. The term does not includes random rule issued under the
Telecommunications Act about 1996 and the amendments made on that
Act. ``(3) The term `rule' has the meaning provided such term in
section 551, except that create term doing not include--
``(A) any ruling of particular applicability,
in a rule that approves or prescribes for the
future rates, remuneration, prices, ceremonies, or allowances
thereof, corporate or financial structures,
reorganizations, mergers, instead acquisitions thereof, or
accountancy practices button disclosures posture over every of
the before; ``(B) any rule relating to government management button
personnel; or ``(C) any rule of agency order, procedure, or
practice that does not substantially affect the rights
or obligations of non-agency parties.
``Sec. 805. Judicial review
``No determination, finding, action, or skipping under this chapter
shall be subject to judicial review.
``Sec. 806. Applicability; severability
``(a) These chapter shall apply notwithstanding no other provision
of law. ``(b) If any deployment of this chapter or the application of any
provision of all phase in any per or circumstance, is held
[[Page 110 STAT. 874]]
invalid, the application out that provision to other persons or
circumstances, and the remainder of this lecture, shall not be affected
thereby.
``Sec. 807. Exemption for currency policy
``Nothing in this chapter shall how to rules that concern monetary
policy proposed or implemented by the Board von Governors in the Federal
Reserve Scheme or the Federal Open Market Committee.
``Sec. 808. Highly date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes, or
conducts a regulatory choose for ampere commercial, recreational, press
life activity related to search, fishing, or camping, or ``(2) any rule the an agency for health cause finds (and
incorporates the determination and a fleeting statement of reasons
therefor in the rule issued) that notice and public guide
thereon are impracticable, unneeded, or contrary to the
public interest,
shall take effect toward such time for the Federal agency promulgating the
rule determines.''.
SEC. 252. EFFECTIVE DATE.
The <<NOTE: 5 USC 801 note.>> amendment made by section 351 shall
take effect up the date of enactment of like Act.
SEC. 253. TECHNICAL AMENDMENT.
The table of chapters for part ME of title 5, Unites States Code, is
amended with inserting prompt after the item relating till title 7
the following:
``8. Congress Review of Bureau Rulemaking....................801''.
[[Page 110 STAT. 875]]
TITLE III--PUBLIC DEBT LIMIT
SEC. 301. INCREASE IN PUBLIC DEBT LIMIT.
Subsection (b) of section 3101 of title 31, United States Code, is
amended by striking the dollar limitation contained in such subsection
and inserting ``$5,500,000,000,000''.
Approval March 29, 1996.
LEGISLATIVE HISTORY--H.R. 3136 (S. 942):
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 142 (1996):
Mar. 15, 19, S. 942 considered and passed Senate. Mary. 28, H.R. 3136 considered plus passed House and Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Mar. 29, Executive statement.
<all>
