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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1604 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1604

 To provide for greater regulatory flexibility for small governments, 
    lessen compliance burdens on small governments, test innovative 
              regulatory methods, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             October 29 (legislative day, October 13), 1993

   Mr. Glenn (for himself, Mr. Levin, Mr. Pryor, Mr. Akaka, and Mr. 
  Lieberman) introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To provide for greater regulatory flexibility for small governments, 
    lessen compliance burdens on small governments, test innovative 
              regulatory methods, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Governments Regulatory 
Improvement and Innovation Act of 1993''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) better determine the cost and other impacts of 
        regulation on small governments;
            (2) encourage the use of more flexible regulatory 
        approaches that lessen compliance burdens on small governments; 
        and
            (3) test innovative methods of regulation.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``small government'' means a small 
        governmental jurisdiction as defined under section 601(5) of 
        title 5, United States Code;
            (2) the term ``agency'' means any agency as defined under 
        section 551(1) of title 5, United States Code;
            (3) the term ``Director'' means the Director of the Office 
        of Management and Budget;
            (4) the term ``Council'' means the Council on Small 
        Governments established under section 8;
            (5) the term ``small entity'' means a small entity as 
        defined under section 601(6) of title 5, United States Code; 
        and
            (6) the term ``Administrator'' means the Administrator of 
        the Small Business Administration.

SEC. 4. AGENCY RESPONSIBILITIES.

    (a) Guidelines.--The head of each agency shall, after opportunity 
for public comment, issue guidelines consistent with section 6(b) of 
this Act to ensure implementation of chapter 6 of title 5, United 
States Code, by the agency.
    (b) Plans.--The head of each agency shall develop a plan to inform, 
educate, and advise small entities on compliance with any rule that has 
a significant impact on small entities. Such plan shall be published in 
the Federal Register in the notice of proposed rulemaking and the final 
rulemaking notice for any such rule, and shall include a listing of--
            (1) local and regional workshops for the purpose of 
        providing and receiving information about the impact of the 
        rule;
            (2) written guidance and other applicable publications and 
        their availability; and
            (3) relevant Federal, State, and local technical assistance 
        programs.
    (c) Reports.--The head of each agency shall report annually to the 
Administrator and to the Director on the agency's implementation of 
this Act and compliance with the provisions of chapter 6 of title 5, 
United States Code.

SEC. 5. SMALL GOVERNMENT COORDINATORS.

    (a) Establishment.--There is established in each agency the 
position of Small Government Coordinator who shall report directly to 
the head of the agency. The Small Government Coordinator shall--
            (1) communicate the small government perspective on agency 
        rules and policies during the development of such rules and 
        policies;
            (2) oversee and report to the agency head on agency efforts 
        to comply with chapter 6 of title 5, United States Code, as 
        such chapter applies to small governmental jurisdictions, 
        including--
                    (A) participation in the development of agency 
                guidelines for the full implementation of chapter 6 of 
                title 5, United States Code, as such chapter applies to 
                small governmental jurisdictions; and
                    (B) the development of alternative regulatory 
                proposals that accomplish the stated objectives of 
                applicable statutes and which minimize the impact of 
                regulations on small governments by working with--
                            (i) agency regulatory policy personnel;
                            (ii) national organizations representing 
                        small governments;
                            (iii) local elected officials;
                            (iv) public policy experts;
                            (v) the Administrator;
                            (vi) the Director; and
                            (vii) the Council;
            (3) advising the agency head on establishing electronic or 
        other means of information collection to gather data on small 
        governments;
            (4) advising the agency head and the Director on the 
        development and implementation of the pilot program established 
        under section 6; and
            (5) providing technical assistance to small governments on 
        compliance with agency regulations.
    (b) Personnel.--To the greatest extent practicable, the head of 
each agency shall designate existing personnel to perform the duties 
described under this section.
    (c) Waiver.--(1) The head of an agency may waive the requirements 
of this section if such agency head--
            (A) in consultation with the Council and in concurrence 
        with the Director, certifies that the agency does not issue a 
        significant number of rules affecting small governments; and
            (B) publishes such certification in the Federal Register.
    (2) Such waiver shall be reviewed annually and such certification 
shall be made annually, if appropriate.

SEC. 6. REGULATORY COORDINATION.

    (a) Office of Information and Regulatory Affairs.--The Director 
shall delegate responsibility for the implementation of all duties of 
the Director under this Act to the Administrator of the Office of 
Information and Regulatory Affairs.
    (b) Guidelines.--The Director, in consultation with the 
Administrator of Small Business, shall issue guidelines to agencies on 
the identification of rules having a significant impact on small 
entities. In issuing the guidelines, the Director shall consider--
            (1) the number of small entities that may be impacted by a 
        rule;
            (2) the economic cost or benefit to small entities from 
        compliance with a rule;
            (3) the effect a rule may have on regional economies; and
            (4) the reporting and paperwork requirements imposed on 
        small entities by a rule.
    (c) Compliance.--The Director, to the extent permitted by law and 
in consultation with the Administrator, shall be responsible for 
monitoring and coordinating agency compliance with the requirements of 
this Act.

SEC. 7. REGULATORY FLEXIBILITY PILOT PROGRAM.

    (a) Establishment.--The Director, in consultation with agencies and 
the Council, shall establish pilot programs in at least 2 agencies to 
test innovative, and more flexible regulatory approaches that--
            (1) reduce reporting and compliance burdens on small 
        entities; and
            (2) meet overall statutory goals and objectives.
    (b) Program Contents.--The pilot programs shall focus on rules in 
effect or proposed rules, or a combination thereof, that have a 
significant impact on small entities, with equal emphasis given to 
rules that impact small governments, small business, and small 
organizations.

SEC. 8. THE SMALL GOVERNMENTS ADVISORY COUNCIL.

    (a) Establishment.--(1) There is established a Small Governments 
Advisory Council composed of 9 representatives from small governments 
appointed by the President, of whom no more than 5 shall be from any 
one political party.
    (2) No later than 6 months after the date of enactment of this Act, 
the President shall make the original appointments to the Council.
    (b) Membership.--No less than 6 members of the Council shall be 
acting small governmental officials. Members of the Council shall--
            (1) have an extensive understanding of and experience with 
        the operations of small governments; and
            (2) represent a balance with respect to the regions, the 
        sizes of small governments, and the occupations represented on 
        the Council.
    (c) Duties.--The duties of the Small Governments Advisory Council 
shall be to--
            (1) serve as a focal point for the receipt of comments 
        concerning the regulatory policies and activities of agencies 
        that affect small governments;
            (2) advise the Small Government Coordinators as to the 
        performance of their duties under section 5;
            (3)(A) develop proposals for changes in the regulatory 
        policies and activities of any agency which shall carry out the 
        purposes of this Act; and
            (B) communicate such proposals to the Director and 
        appropriate agencies;
            (4)(A) monitor the costs and other burdens of Federal 
        regulation on small governments, including the cumulative 
        effect of such regulation; and
            (B) make legislative and nonlegislative proposals for 
        eliminating excessive or unnecessary regulatory burdens placed 
        on small governments;
            (5) advise the Director on the implementation of section 6 
        as such section relates to small governments; and
            (6) report annually to the Administrator and the Director 
        on the actions of the Council under this Act, including--
                    (A) a summary of all proposals offered under 
                subsection (c)(3);
                    (B) a detailed assessment, prepared in consultation 
                with the Small Government Coordinators established 
                under section 5, of the costs and other burdens of 
                government regulation on small governments, including 
                the cumulative effects of such regulation; and
                    (C) an assessment of the effectiveness of the pilot 
                programs established under section 7.
    (d) Chairman.--The Council shall elect a chairman and meet at the 
call of the chairman but no less often than every 6 months.
    (e) Meetings.--The Director shall meet with the Council on a 
regular basis, but no less often than every 6 months.
    (f) Federal Advisory Committee Act.--The Council shall be subject 
to the Federal Advisory Committee Act (5 U.S.C. App.).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out the provisions of this 
section.

SEC. 9. ASSISTANCE OF GOVERNMENT AGENCIES.

    Consistent with applicable law, each department, agency, and 
instrumentality of the Federal Government shall furnish to the Council 
such reports and other information as the Council determines necessary 
to carry out its duties under this Act.

SEC. 10. TECHNICAL AMENDMENTS.

    Chapter 6 of title 5, United States Code, is amended--
            (1) in section 601(5) by inserting ``Indian tribes,'' after 
        ``school districts,'';
            (2) in section 602(b) by inserting ``the Director of the 
        Office of Management and Budget and'' after ``transmitted to''; 
        and
            (3) in section 605(b)--
                    (A) in the first sentence by striking out 
                ``sections 603 and 604 of this title'' and inserting in 
                lieu thereof ``sections 603(c) and 604 of this title''; 
                and
                    (B) in the second sentence--
                            (i) by striking out ``or at the time of 
                        publication of the final rule''; and
                            (ii) by inserting ``the Director of the 
                        Office of Management and Budget and'' after 
                        ``such certification and statement to''.

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