(b) DETAIL
OF GOVERNMENT EMPLOYEES.—Any
Federal Government employee may be detailed to a review
panel without reimbursement, and such detail shall be
without interruption or loss of civil service status or privi-
lege.
SEC. 104. CONSULTATION WITH OTHER ENTITIES.
In carrying out this title, the chairperson shall con-
sult and coordinate, to the maximum extent practicable,
the activities of the review panel with each office of the
agency that is responsible for the provision of data or tech-
nical advice concerning a significant rule.
SEC. 105. REPORT.
(a) IN GENERAL.—Except as provided in subsection
(b), the chairperson shall, in accordance with section
101(d)(2), submit to the appropriate employees of the
agency who would be responsible for carrying out the sub-
ject significant rule and to the appropriate committees of
the Senate and the House of Representatives a report,
which shall include—
(1) the findings and recommendations of the re-
view panel with respect to the significant rule, in-
cluding both the majority and minority views of the
review panel members, regardless of the consensus
of opinions that may derive from the meetings of the
review panel; and
(2) recommendations regarding whether a sur-
vey with respect to the subject significant rule
should be conducted under title II and—
(A) if so—
(i) a timeframe during which the sur-
vey should be conducted, taking into ac-
count the time required to implement the
rule and to gather appropriate data; and
(ii) any recommendations of the re-
view panel regarding the contents of the
survey; and
(B) if not, the reasons why such a survey
is not recommended.
(b) FAILURE TO SUBMIT REPORT.—If the chair-
person fails to submit a report under subsection (a), on
or before the date on which the final rule is issued, the
chairperson shall—
(1) prepare a written record of such failure de-
tailing the reasons therefor; and
(2) submit a copy of such written record to the
head of the agency and to the appropriate commit-
tees of the Senate and the House of Representatives.
SEC. 106. APPLICABILITY OF OTHER LAW; JUDICIAL RE-
VIEW.
(a) INAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The provisions of the Federal Advisory
Committee Act do not apply to any review panel estab-
lished in accordance with this title.
(b) PROHIBITION ON JUDICIAL REVIEW.—No action
or inaction of a review panel, including any recommenda-
tions or advice of a review panel or any procedure or proc-
ess of a review panel, may be subject to judicial review
by a court of the United States under chapter 7 of title
5, United States Code, or any other provision of law.
SEC. 107. MORATORIUM ON CERTAIN PUBLICATIONS.
Notwithstanding any other provision of this Act, no
agency shall make any publication described in clause (i)
or (ii) of section 101(c)(1)(A) until the initial chairperson
appointed under section 101 has had an adequate oppor-
tunity to review the subject proposed rule in accordance
with section 101(c)(1)(A).
TITLE II—PEER REVIEW SURVEY
SEC. 201. PEER REVIEW SURVEY.
(a) IN GENERAL.—If a review panel makes a rec-
ommendation in any report submitted under section
105(a) that a survey should be conducted with respect to
a significant rule, the agency shall contract with a private
sector auditing firm or other survey-related organization
to conduct a survey of a cross-section of the small busi-
nesses impacted by the rule.
(b) CONTENTS OF SURVEY.—Each survey conducted
under this section shall address the impact of the signifi-
cant rule on small businesses, including—
(1) the applicability of the rule to various small
businesses;
(2) the degree to which the rule is easy to read
and comprehend;
(3) the costs to implement the rule;
(4) any recordkeeping requirements imposed by
the rule; and
(5) any other technical or general issues related
to the rule.
(c) AVAILABILITY OF SURVEY RESULTS.—The re-
sults of each survey conducted under this section shall be
made available—
(1) to each interested Federal agency; and
(2) upon request, to any other interested party,
including organizations, individuals, State and local
governments, and the Congress.
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HR 1937 IH——2