I
104TH CONGRESS
1ST SESSION
H. R. 1937
To facilitate small business involvement in the regulatory development proc-
esses of the Environmental Protection Agency and the Occupational
Safety and Health Administration, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 1995
Mr. SCHIFF introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Small Business,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To facilitate small business involvement in the regulatory
development processes of the Environmental Protection
Agency and the Occupational Safety and Health Admin-
istration, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Small Business Advocacy Act of 1995’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—SMALL BUSINESS ADVOCACY REVIEW
Sec. 101. Small business advocacy chairpersons.
Sec. 102. Small business advocacy review panels.
Sec. 103. Review panel personnel matters.
Sec. 104. Consultation with other entities.
Sec. 105. Report.
Sec. 106. Applicability of other law; judicial review.
Sec. 107. Moratorium on certain regulations.
TITLE II—PEER REVIEW SURVEY
Sec. 201. Peer review survey.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions
shall apply:
(1) AGENCY.—The term ‘‘agency’’ means—
(A) with respect to the Environmental
Small Business Advocacy Review Panel, the
Environmental Protection Agency; and
(B) with respect to the Occupational Safe-
ty and Health Small Business Advocacy Review
Panel, the Occupational Safety and Health Ad-
ministration of the Department of Labor.
(2) AGENCY HEAD.—The term ‘‘agency head’’
means—
(A) with respect to the Environmental
Small Business Advocacy Review Panel, the Ad-
ministrator of the Environmental Protection
Agency; and
(B) with respect to the Occupational Safe-
ty and Health Small Business Advocacy Review
Panel, the Assistant Secretary for Occupational
Safety and Health of the Department of Labor.
(3) CHAIRPERSON.—The term ‘‘chairperson’’
means—
(A) with respect to the Environmental
Small Business Advocacy Review Panel, the
chairperson of such review panel designated
under section 101(a); and
(B) with respect to the Occupational Safe-
ty and Health Small Business Advocacy Review
Panel, the chairperson of such review panel des-
ignated under section 101(b).
(4) CHIEF
COUNSEL
FOR
ADVOCACY.—The
term ‘‘Chief Counsel for Advocacy’’ means the Chief
Counsel for Advocacy of the Small Business Admin-
istration.
(5) FINAL RULE.—The term ‘‘final rule’’ means
any final rule or interim final rule issued by an
agency for which a review panel has been established
under section 101(c)(2)(A).
(6) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Advocacy of the Small Business Administra-
tion.
(7) REVIEW PANEL.—The term ‘‘review panel’’
means—
(A) with respect to a significant rule of the
Environmental Protection Agency, an Environ-
mental Small Business Advocacy Review Panel
established under section 101(c)(2)(A); and
(B) with respect to a significant rule of the
Occupational Safety and Health Administration
of the Department of Labor, an Occupational
Safety and Health Small Business Advocacy
Review 
Panel 
established 
under 
section
101(c)(2)(A).
(8) RULE.—The term ‘‘rule’’—
(A) means an agency statement of general
applicability and future effect, which the agency
intends to have the force and effect of law, that
is designed to implement, interpret, or prescribe
law or policy or to describe the procedure or
practice requirements of the agency; and
(B) does not include any rule that is lim-
ited to agency organization, management, or
personnel matters.
(9) SIGNIFICANT RULE.—The term ‘‘significant
rule’’ means any rule proposed by an agency that
the chairperson, in consultation with the Adminis-
trator of the Office of Information and Regulatory
Affairs within the Office of Management and Budg-
et, reasonably estimates would have—
(A) an annual aggregate impact on State,
local, and tribal governments and the private
sector in an amount equal to not less than
$50,000,000; and
(B) an impact on small businesses.
(10) SMALL BUSINESS.—The term ‘‘small busi-
ness’’ has the same meaning as the term ‘‘small
business concern’’ in section 3 of the Small Business
Act.
TITLE I—SMALL BUSINESS
ADVOCACY REVIEW
SEC. 101. SMALL BUSINESS ADVOCACY CHAIRPERSONS.
(a) CHAIRPERSON
OF
ENVIRONMENTAL
REVIEW
PANELS.—
(1) IN GENERAL.—Not later than 30 days after
the date of enactment of this Act, the Administrator
of the Environmental Protection Agency shall des-
ignate an employee of the Environmental Protection
Agency, who is a member of the Senior Executive
Service (as such term is defined in section 2101a of
title 5, United States Code) and whose immediate
supervisor is appointed by the President, to serve as
the chairperson of each Environmental Small Busi-
ness Advocacy Review Panel and to carry out the
purposes of this Act with respect to the Environ-
mental Protection Agency.
(2) DISABILITY OR ABSENCE.—If the employee
designated to serve as chairperson under paragraph
(1) is unable to serve as chairperson because of dis-
ability or absence, the Administrator of the Environ-
mental Protection Agency shall designate another
employee who meets the qualifications of such para-
graph to serve as chairperson.
(b) CHAIRPERSON OF OSHA REVIEW PANELS.—
(1) IN GENERAL.—Not later than 30 days after
the date of enactment of this Act, the Assistant Sec-
retary for Occupational Safety and Health of the
Department of Labor shall designate an employee of
the Occupational Safety and Health Administration
of the Department of Labor, who is a member of the
Senior Executive Service (as such term is defined in
section 2101a of title 5, United States Code) and
whose immediate supervisor is appointed by the
President, to serve as the chairperson of each Occu-
pational Safety and Health Small Business Advocacy
Review Panel and to carry out the purposes of this
Act with respect to the Occupational Safety and
Health Administration.
(2) DISABILITY OR ABSENCE.—If the employee
designated to serve as chairperson under paragraph
(1) is unable to serve as chairperson because of dis-
ability or absence, the Assistant Secretary for Occu-
pational Safety and Health of the Department of
Labor shall designate another employee who meets
the qualifications of such paragraph to serve as
chairperson.
(c) DUTIES OF THE CHAIRPERSON.—
(1) INITIAL
DETERMINATION
AND
NOTIFICA-
TION.—
(A) TIMING.—The chairperson shall take
the actions described in subparagraph (B) at
least 45 days before the earlier of—
(i) the date of publication by an agen-
cy of a general notice of proposed rule-
making in the Federal Register under sec-
tion 553(b) of title 5, United States Code,
or any other provision of law; or
(ii) the date of publication by an
agency of a proposed rule in the Federal
Register.
(B) EXCEPTIONS.—A review panel shall be
established in accordance with subparagraph
(A) unless the chairperson, in consultation with
the Chief Counsel for Advocacy, determines
(and notifies the agency in writing of such de-
termination) that—
(i) a good faith effort to secure
enough non-Federal employee review panel
members necessary to constitute a quorum
with respect to the subject significant rule
was unsuccessful; and
(ii) compliance with this Act is not re-
quired with respect to the subject signifi-
cant rule due to a lack of availability of
private sector interests.
(d) DUTIES REGARDING FINAL RULE.—
(1) IN GENERAL.—At least 45 days before the
issuance of a final rule, the chairperson shall—
(A) notify panel members of the intent of
the agency to issue a final rule;
(B) provide panel members with a dated
draft of the final rule to be issued;
(C) solicit comments from panel members
in accordance with the duties of the review
panel described in section 102(a); and
(D) if the chairperson determines that
such action is necessary, call one or more meet-
ings of the review panel and, if a quorum is
present, direct the review panel to review, dis-
cuss, or clarify any issue related to the subject
final rule or the preparation of the report under
paragraph (2).
(2) REPORT.—Except as provided in section
105(b), at least 5 days before the issuance of a final
rule, the chairperson shall submit a report in accord-
ance with section 105(a).
SEC. 102. SMALL BUSINESS ADVOCACY REVIEW PANELS.
(a) GENERAL DUTIES.—Before any publication de-
scribed in clause (i) or (ii) of section 101(c)(1)(A) of a
proposed significant rule, and again before the issuance
of such rule as a final rule, the review panel shall, in ac-
cordance with this Act—
(1) provide technical guidance to the agency, in-
cluding guidance relating to—
(A) the applicability of the proposed rule
to small businesses;
(B) enforcement of and compliance with
the rule by small businesses;
(C) the consistency or redundancy of the
proposed rule with respect to other Federal,
State, and local regulations and recordkeeping
requirements imposed on small businesses; and
(D) any other concerns posed by the pro-
posed rule that may impact significantly upon
small businesses; and
(2) evaluate each rule in the context of the re-
quirements imposed under—
(A) subsections (b) and (c) of section 603,
paragraphs (1) through (3) of section 604(a),
section 604(b), and paragraphs (1) through (5)
of section 609 of title 5, United States Code;
(B) sections 202 and 205 of the Unfunded
Mandates Act of 1995 (Public Law 104–4);
(C) subsection (a) and paragraphs (1)
through (12) of subsection (b) of section 1 of
Executive Order No. 12866, September 30,
1993; and
(D) any other requirement under any other
Act, including those relative to regulatory re-
form requirements that affect compliance, exist-
ing Federal or State regulations that may du-
plicate, overlap, or conflict with the significant
rule, and the readability and complexity of rules
and regulations.
(b) MEMBERSHIP.—Each review panel shall be com-
posed of—
(1) the chairperson;
(2) not less than 1 nor more than 3 members
appointed by the chairperson from among employees
of the agency who would be responsible for carrying
out the subject significant rule;
(3) 1 member appointed by the Administrator
of the Office of Information and Regulatory Affairs
within the Office of Management and Budget from
among the employees of that office who have specific
knowledge of or responsibilities relating to the regu-
latory responsibilities of the agency that would be
responsible for carrying out the subject significant
rule;
(4) 1 member appointed by the Chief Counsel
for Advocacy from among the employees of the Of-
fice; and
(5) not less than 1 nor more than 3 members
selected by the Chief Counsel for Advocacy from
among individuals who are representatives of—
(A) small businesses that would be im-
pacted by the significant rule;
(B) small business sectors or industries
that would be especially impacted by the signifi-
cant rule; or
(C) organizations whose memberships are
comprised of a cross-section of small businesses.
(c) PERIOD OF APPOINTMENT; VACANCIES.—
(1) PERIOD
OF
APPOINTMENT.—Each review
panel member, other than the chairperson, shall be
appointed for a term beginning on the date on which
the appointment is made and ending on the date on
which the report or written record is submitted
under section 105.
(2) VACANCIES.—Any vacancy on a review
panel shall not affect the powers of the review panel,
but shall be filled in the same manner as the origi-
nal appointment.
(d) QUORUM.—A quorum for the conduct of business
by a review panel shall consist of 1 member appointed
from each of paragraphs (2) through (5) of subsection (b).
(e) MEETINGS.—
(1) IN GENERAL.—Subject to paragraph (2),
the meetings of the review panel shall be at the call
of the chairperson.
(2) INITIAL MEETING.—Not later than 15 days
after all review panel members necessary to con-
stitute a quorum have been appointed under sub-
section (b), the chairperson shall conduct the initial
meeting of the review panel.
(f) POWERS OF REVIEW PANEL.—
(1) INFORMATION FROM FEDERAL AGENCIES.—
A review panel may secure, directly from any Fed-
eral department or agency, such information as the
review panel considers necessary to carry out this
title. Upon request of the chairperson, the head of
such department or agency shall furnish such infor-
mation to the review panel.
(2) POSTAL
SERVICES.—A review panel may
use the United States mails in the same manner and
under the same conditions as other departments and
agencies of the Federal Government.
SEC. 103. REVIEW PANEL PERSONNEL MATTERS.
(a) NONCOMPENSATION OF MEMBERS.—
(1) IN GENERAL.—Members of the review panel
who are not officers or employees of the Federal
Government shall serve without compensation.
(2) FEDERAL EMPLOYEES.—Members of the re-
view panel who are officers or employees of the Fed-
eral Government shall serve without compensation in
addition to that received for their services as officers
or employees of the Federal Government.