Contract with America Advancement Act of 1996
PL 104-121 (H.R.3136), enacted 03/29/1996

PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 847 
Public Law 104-121 
104th Congress 
An Act 
To provide for enactment of the Senior Citizens' Right to Work Act of 1996, the 
Line Item Veto Act, and the Small Business Growth and Fairness Act of 1996, 
and to provide for a permanent increase in the public debt limit. 
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 "Contract with America Advance-
ment Act of 1996". 
Mar. 29, 1996 
[H.R. 3136] 
Contract with 
America 
Advancement Act 
of 1996. 
5 u s e 601 note. 
TITLE I—SOCIAL SECURITY EARNINGS 
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LIMITATION AMENDMENTS 
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SEC. 101. SHORT TITLE OF TITLE. 
This title may be cited as the "Senior Citizens' Right to Work 
Act of 1996". 
SEC. 102. INCREASES IN MONTHLY EXEMPT AMOUNT FOR PURPOSES 
OF THE SOCIAL SECURITY EARNINGS UMIT. 
(a) INCREASE IN MONTHLY EXEMPT AMOUNT FOR INDIVIDUALS 
WHO HAVE ATTAINED RETIREMENT AGE.—Section 203(f)(8)(D) of 
the Social Security Act (42 U.S.C. 403(f)(8)(D)) is amended to read 
as follows: 
"(D) Notwithstanding any other provision of this subsection, 
the exempt amount which is applicable to an individual who 
has attained retirement age (as defined in section 216(1)) before 
the close of the taxable year involved shall be— 
"(i) for each month of any taxable year ending after 
1995 and before 1997, $1,041.66%, 
"(ii) for each month of any taxable year ending after 
1996 and before 1998, $1,125.00, 
"(iii) for each month of any taxable year ending after 
1997 and before 1999, $1,208.33V3, 
"(iv) for each month of any taxable year ending after 
1998 and before 2000, $1,291.66%, 
"(v) for each month of any taxable year ending after 
1999 and before 2001, $1,416.66%, 
"(vi) for each month of any teixable year ending after 
2000 and before 2002, $2,083.33 Va, and 
"(vii) for each month of any taxable year ending after 
2001 and before 2003, $2,500.00.". 
(b) CONFORMING AMENDMENTS.— 
42 u s e 1305 
note. 
110 STAT. 848 
PUBLIC LAW 104-121—MAR. 29, 1996 
(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 taxable year ending after 1993 
and before 1995" and inserting "the taxable year ending 
after 2001 and before 2003 (with respect to individuals 
described in subparagraph (D)) or the taxable year ending 
after 1993 and before 1995 (with respect to other individ-
uals)"; and 
(B) in subclause (II), by striking "for 1992" and insert-
ing "for 2000 (with respect to individuals described in 
subparagraph (D)) or 1992 (with respect to other individ-
uals)". 
(2) The second sentence of section 223(d)(4)(A) of such 
Act (42 U.S.C. 423(d)(4)(A)) is amended by striking "the exempt 
amount under section 203(f)(8) which is applicable to individ-
uals described in subparagraph (D) thereof and inserting the 
following: "an amount equal to the exempt amount which would 
be applicable under section 203(f)(8), to individuals described 
in subparagraph (D) thereof, if section 102 of the Senior Citi-
zens' Right to Work Act of 1996 had not been enacted". 
42 use 403 note. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to taxable years ending after 1995. 
SEC. 103. CONTINUING DISABILITY REVIEWS. 
(a) 
AUTHORIZATION FOR APPROPRIATIONS FOR CONTINUING 
DISABILITY REVIEWS.—Section 201(g)(1)(A) of the Social Security 
Act (42 U.S.C. 401(g)(1)(A)) is amended by adding at the end the 
following: "Of the amounts authorized to be made available out 
of the Federal Old-Age and Survivors Insurance Trust Fund and 
the Federal Disability Insurance Trust Fund under the preceding 
sentence, there are hereby authorized to be made available from 
either or both of such Trust Funds for continuing disability 
reviews— 
"(i) for fiscal year 1996, $260,000,000; 
"(ii) for fiscal year 1997, $360,000,000; 
"(iii) for fiscal year 1998, $570,000,000; 
"(iv) for fiscal year 1999, $720,000,000; 
"(v) for fiscal year 2000, $720,000,000; 
"(vi) for fiscal year 2001, $720,000,000; and 
"(viii) for fiscal year 2002, $720,000,000. 
For purposes of this subparagraph, the term 'continuing disability 
review' means a review conducted pursuant to section 221(i) and 
a review or disability eligibility redetermination conducted to deter-
mine the continuing disability and eligibility of a recipient of bene-
fits under the supplemental security income program under title 
XVI, including any review or redetermination conducted pursuant 
to section 207 or 208 of the Social Security Independence and 
Program Improvements Act of 1994 (Public Law 103-296).". 
(b) ADJUSTMENT TO DISCRETIONARY SPENDING LIMITS.—Section 
251(b)(2) of the Balanced Budget and Emergency Deficit Control 
2 use 901. 
Act of 1985 is amended by adding the following new subparagraph: 
"(H) 
CONTINUING DISABILITY REVIEWS.—(i) Whenever 
a bill or joint resolution making appropriations for fiscal 
year 1996, 1997, 1998, 1999, 2000, 2001, or 2002 is enacted 
that specifies an amount for continuing disability reviews 
under the heading 'Limitation on Administrative Expenses' 
for the Social Security Administration, the adjustments 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 849 
for that fiscal year shall be the additional new budget 
authority provided in that Act for such reviews for that 
fiscal year and the additional outlays flowing from such 
amounts, but shall not exceed— 
"(I) for fiscal year 1996, $15,000,000 in additional 
new budget authority and $60,000,000 in additional 
outlays; 
"(II) for fiscal year 1997 $25,000,000 in additional 
new budget authority and $160,000,000 in additional 
outlays; 
"(III) for fiscal year 1998, $145,000,000 in addi-
tional new budget authority and $370,000,000 in addi-
tional outlaj'^s; 
"(IV) for fiscal year 1999, $280,000,000 in addi-
tional new budget authority and $520,000,000 in addi-
tional outlaj^s; 
"(V) for fiscal year 2000, $317,500,000 in additional 
new budget authority and $520,000,000 in additional 
outlays; 
"(VI) for fiscal year 2001, $317,500,000 in addi-
tional new budget authority and $520,000,000 in addi-
tional outlavs; and 
"(VII) for fiscal year 2002, $317,500,000 in addi-
tional new budget authority and $520,000,000 in addi-
tional outlays, 
"(ii) As used in this subparagraph— 
"(I) the term 'continuing disability reviews' has 
the meaning given such term by section 201(g)(1)(A) 
of the Social Security Act; 
"(II) the term 'additional new budget authority' 
means new budget authority provided for a fiscal year, 
in excess of $100,000,000, for the Supplemental Secu-
rity Income program and specified to pay for the costs 
of continuing disability reviews attributable to the 
Supplemental Security Income program; and 
"(III) the term 'additional outlays' means outlays, 
in excess of $200,000,000 in a fiscal year, flowing from 
the amounts specified for continuing disability reviews 
under the heading 'Limitation on Administrative 
Expenses' for the Social Security Administration, 
including outlays in that fiscal year flowing from 
amounts specified in Acts enacted for prior fiscal years 
(but not before 1996).". 
(c) BUDGET ALLOCATION ADJUSTMENT BY BUDGET COMMITTEE.— 
Section 606 of the Congi-essional Budget and Impoundment Control 
Act of 1974 is amended by adding the following new subsection: 2USC665e. 
"(e) CONTINUING DISABILITY REVIEW ADJUSTMENT.— 
"(1) IN GENERAL,.—(A) For fiscal year 1996, upon the enact-
ment of the Contract with America Advancement Act of 1996, 
the Chairmen of the Committees on the Budget of the Senate 
and House of Representatives shall make the adjustments 
referred to in subparagraph (C) to reflect $15,000,000 in addi-
tional new budget authority and $60,000,000 in additional out-
lays for continuing disability reviews (as defined in section 
20 l(g)( 1)(A) of the Social Security Act). 
"(B) When the Committee on Appropriations reports an 
appropriations measure for fiscal year 1997, 1998, 1999, 2000, 
110 STAT. 850 
PUBLIC LAW 104-121—MAR. 29, 1996 
2001, or 2002 that specifies an amount for continuing disability 
reviews under the heading 'Limitation on Administrative 
Expenses' for the Social Security Administration, or when a 
conference committee submits a conference report thereon, the 
Chairman of the Committee on the Budget of the Senate or 
House of Representatives (whichever is appropriate) shall make 
the adjustments referred to in subparagraph (C) to reflect the 
additional new budget authority for continuing disability 
reviews provided in that measure or conference report and 
the additional outlays flowing from such amounts for continuing 
disability reviews. 
"(C) The adjustments referred to in this subparagraph con-
sist of adjustments to— 
"(i) the discretionary spending limits for that fiscal 
year as set forth in the most recently adopted concurrent 
resolution on the budget; 
"(ii) the allocations to the Committees on Appropria-
tions of the Senate and the House of Representatives for 
that fiscal year under sections 302(a) and 602(a); and 
"(iii) the appropriate budgetary aggregates for that 
fiscal year in the most recently adopted concurrent resolu-
tion on the budget. 
"(D) The adjustments under this paragraph for any fiscal 
year shall not exceed the levels set forth in section 251(b)(2)(H) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985 for that fiscal year. The adjusted discretionary spending 
limits, allocations, and aggregates under this paragraph shall 
be considered the appropriate limits, allocations, and aggregates 
for purposes of congressional enforcement of this Act and 
concurrent budget resolutions under this Act. 
"(2) REPORTING REVISED SUBALLOCATIONS.—Following the 
adjustments made under paragraph (1), the Committees on 
Appropriations of the Senate and the House of Representatives 
may report appropriately revised suballocations pursuant to 
sections 302(b) and 602(b) of this Act to carry out this sub-
section. 
"(3) DEFINITIONS.—As used in this section, the terms 
'continuing disability reviews', 'additional new budget author-
ity', and 'additional outlays' shall have the same meanings 
as provided in section 251(b)(2)(H)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.". 
42 u s e 401 note. 
(d) USE OF FUNDS AND REPORTS.— 
(1) IN GENERAL.—^The Commissioner of Social Security shall 
ensure that funds made available for continuing disability 
reviews (as defined in section 201(g)(1)(A) of the Social Security 
Act) are used, to the greatest extent practicable, to maximize 
the combined savings in the old-age, survivors, and disability 
insurance, supplemental security income, Medicare, and medic-
aid programs. 
(2) REPORT.—^The Commissioner of Social Security shall 
provide annually (at the conclusion of each of the fiscal years 
1996 through 2002) to the Congress a report on continuing 
disability reviews which includes— 
(A) the amount spent on continuing disability reviews 
in the fiscal year covered by the report, and the number 
of reviews conducted, by category of review; 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 851 
(B) the results of the continuing disabiUty reviews 
in terms of cessations of benefits or determinations of 
continuing eligibility, by program; and 
(C) the estimated savings over the short-, med-
ium-, and long-term to the old-age, survivors, and disability 
insurance, supplemental security income. Medicare, and 
medicaid programs from continuing disability reviews 
which result in cessations of benefits and the estimated 
present value of such savings. 
(e) 
OFFICE OF CHIEF ACTUARY IN THE 
SOCIAL SECURITY 
ADMINISTRATION.— 
(1) IN GENERAL.—Section 702 of the Social Security Act 
(42 U.S.C. 902) is amended— 
(A) by redesignating subsections (c) and (d) as sub-
sections (d) and (e), respectively; and 
(B) by inserting after subsection (b) the following new 
subsection: 
"CHIEF ACTUARY 
"(c)(1) There shall be in the Administration a Chief Actuary, 
who shall be appointed by, and in direct line of authority to, 
the Commissioner. The Chief Actuary shall be appointed from 
individuals who have demonstrated, by their education and experi-
ence, superior expertise in the actuarial sciences. The Chief Actuary 
shall serve as the chief actuarial officer of the Administration, 
and shall exercise such duties as are appropriate for the office 
of the Chief Actuary and in accordance with professional standards 
of actuarial independence. The Chief Actuary may be removed 
only for cause. 
"(2) The Chief Actuary shall be compensated at the highest 
rate of basic pay for the Senior Executive Service under section 
5382(b) of title 5, United States Code.". 
(2) EFFECTIVE DATE OF SUBSECTION.—The amendments 
42 use 902 note. 
made by this subsection shall take effect on the date of the 
enactment of this Act. 
SEC. 104. ENTITLEMENT OF STEPCHILDREN TO CfflLD'S INSURANCE 
BENEFITS BASED ON ACTUAL DEPENDENCY ON STEP-
PARENT SUPPORT. 
(a) 
REQUIREMENT 
OF 
ACTUAL 
DEPENDENCY 
FOR 
FUTURE 
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 
with or". 
(2) EFFECTIVE DATE.—^The amendment made by paragraph 
42 USC 402 note. 
(1) shall apply with respect to benefits of individuals who 
become entitled to such benefits for months after the third 
month following the month in which this Act is enacted. 
(b) TERMINATION OF CHILD'S INSURANCE BENEFITS BASED ON 
WORK RECORD OF STEPPARENT UPON NATURAL PARENT'S DIVORCE 
FROM STEPPARENT.— 
(1) IN GENERAL.—Section 202(d)(1) of the Social Security 
Act (42 U.S.C. 402(d)(1)) is amended— 
(A) by striking "or" at the end of subparagraph (F); 
(B) by striking the period at the end of subparagraph 
(G) and inserting "; or"; and 
110 STAT. 852 
PUBLIC LAW 104-121—MAR. 29, 1996 
(C) by inserting sifter subparagraph (G) the following 
new subparagraph: 
"(H) if the benefits under this subsection are based on 
the wages and self-employment income of a stepparent who 
is subsequently divorced from such child's natural parent, the 
month after the month in which such divorce becomes final.". 
(2) NOTIFICATION.—Section 202(d) of such Act (42 U.S.C. 
402(d)) is amended by adding the following new paragraph: 
"(10) For purposes of paragraph (1)(H)— 
"(A) each stepparent shall notify the Commissioner of Social 
Security of any divorce upon such divorce becoming final; and 
"(B) the Commissioner shall annually notify any stepparent 
of the rule for termination described in paragraph (1)(H) and 
of the requirement described in subparagraph (A).". 
42 u s e 402 note. 
(3) EFFECTIVE DATES.— 
(A) The amendments made by paragraph (1) shall 
apply with respect to final divorces occurring after the 
third month following the month in which this Act is 
enacted. 
(B) The amendment made by paragraph (2) shall take 
effect on the date of the enactment of this Act. 
SEC. 105. DENIAL OF DISABILITY BENEFITS TO DRUG 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 this title if alcoholism or drug addiction would 
(but for this subparagraph) be a contributing factor material 
to the Commissioner's determination that the individual is 
disabled.". 
(2) REPRESENTATIVE PAYEE REQUIREMENTS.— 
(A) Section 205(j)(l)(B) of such Act (42 U.S.C. 
405(j)(l)(B)) is amended to read as follows: 
"(B) In the case of an individual entitled to benefits based 
on disability, the payment of such benefits shall be made to a 
representative payee if the Commissioner of Social Security deter-
mines that such payment would serve the interest of the individual 
because the individual also has an alcoholism or drug addiction 
condition (as determined by the Commissioner) and the individual 
is incapable of managing such benefits.". 
(B) Section 205a)(2)(C)(v) of such Act (42 U.S.C. 
405(j)(2)(C)(v)) is amended by striking "entitled to benefits" 
and all that follows through "under a disability" and insert-
ing "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 amended by striking all that follows 
"15 years, or" and inserting "described in paragraph 
(1)(B).". 
(D) Section 2O50')(4)(A)(i)(II) of such Act (42 U.S.C. 
405(j)(4)(A)(ii)(II)) is amended by striking "entitled to bene-
fits" and all that follows through "under a disability" and 
inserting "described in paragraph (1)(B)". 
(3) 
TREATMENT REFERRALS FOR INDIVIDUALS WITH AN 
ALCOHOLISM OR DRUG ADDICTION CONDITION.—Section 222 
of 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 853 
such Act (42 U.S.C. 422) is amended by adding at the end 
the following new subsection: 
"TREATMENT REFERRALS FOR INDIVIDUALS WITH AN ALCOHOLISM OR 
DRUG ADDICTION CONDITION 
"(e) In the case of any individual whose benefits under this 
title are paid to a representative payee pursuant to section 
205(j)(l)(B), the Commissioner of Social Security shall refer such 
individual to the appropriate State agency administering the State 
plan for substance abuse treatment services approved under subpart 
II of part B of title KIX of the Public Health Service Act (42 
U.S.C. 300X-21 et seq.).". 
(4) CONFORMING AMENDMENT.—Subsection (c) of section 225 
of such Act (42 U.S.C. 425(c)) is repealed. 
(5) EFFECTIVE DATES.— 
42 use 405 note. 
(A) The amendments made by paragraphs (1) and (4) 
shall apply to any individual who applies for, or whose 
claim is finally adjudicated by the Commissioner of Social 
Security with respect to, benefits under title II of the 
Social Security Act based on disability on or after the 
date of the enactment of this Act, and, in the case of 
any individual who has applied for, and whose claim has 
been finally adjudicated by the Commissioner with respect 
to, such benefits before such date of enactment, such 
amendments shall apply only with respect to such benefits 
for months beginning on or after January 1, 1997. 
(B) The amendments made by paragraphs (2) and (3) 
shall apply with respect to benefits for which applications 
are filed after the third month following the month in 
which this Act is enacted. 
(C) Within 90 days after the date of the enactment 
of this Act, the Commissioner of Social Security shall notify 
each individual who is entitled to monthly insurance bene-
fits under title II of the Social Security Act based on 
disability for the month in which this Act is enacted and 
whose entitlement to such benefits would terminate by 
reason of the amendments made by this subsection. If 
such an individual reapplies for benefits under title II 
of such Act (as amended by this Act) based on disability 
within 120 days after the date of the enactment of this 
Act, the Commissioner of Social Security shall, not later 
than January 1, 1997, complete the entitlement redeter-
mination (including a new medical determination) with 
respect to such individual pursuant to the procedures of 
such title. 
(b) AMENDMENTS RELATING TO SSI BENEFITS.— 
(1) IN GENERAL.—Section 1614(a)(3) of the Social Security 
Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end 
the following: 
"(I) Notwithstanding subparagraph (A), an individual shall not 
be considered to be disabled for purposes of this title if alcoholism 
or drug addiction would (but for this subparagraph) be a contribut-
ing factor material to the Commissioner's determination that the 
individual is disabled.". 
(2) REPRESENTATIVE PAYEE REQUIREMENTS.— 
(A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 U.S.C. 
1383(a)(2)(A)(ii)(II)) is amended to read as follows: 
110 STAT. 854 
PUBLIC LAW 104-121—MAR. 29, 1996 
"(11) In the case of an individual eligible for benefits under 
this title by reason of disability, the payment of such benefits 
shall be made to a representative payee if the Commissioner of 
Social Security determines that such payment would serve the 
interest of the individual because the individual also has an alcohol-
ism or drug addiction condition (as determined by the Commis-
sioner) and the individual is incapable of managing such benefits.". 
(B) Section 1631(a)(2)(B)(vii) of such Act (42 U.S.C. 
1383(a)(2)(B)(vii)) is amended by striking "eligible for bene-
fits" and all that follows through "is disabled" and inserting 
"described in subparagraph (A)(ii)(II)". 
(C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 U.S.C. 
1383(a)(2)(B)(ix)(II)) is amended by striking all that follows 
"15 years, 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 through "is disabled" and 
inserting "described in subparagraph (A)(ii)(II)". 
(3) 
TREATMENT REFERRALS FOR INDIVIDUALS WITH AN 
ALCOHOLISM OR DRUG 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: 
" T R E A T M E N T REFERRALS FOR INDIVIDUALS WITH AN ALCOHOLISM OR 
DRUG ADDICTION CONDITION 
42 use 1383e. 
"SEC. 1636. In the case of any individual whose benefits under 
this title are paid to a representative payee pursuant to section 
1631(a)(2)(A)(ii)(II), the Commissioner of Social Security shall refer 
such individual to the appropriate State agency administering the 
State plan for substance abuse treatment services approved under 
subpart II of part B of title XIX of the Public Health Service 
Act (42 U.S.C. 300X-21 et seq.).". 
(4) CONFORMING AMENDMENTS.— 
(A) Section 1611(e) of such Act (42 U.S.C. 1382(e)) 
is amended by striking paragraph (3). 
(B) Section 1634 of such Act (42 U.S.C. 1383c) is 
amended by striking subsection (e). 
42 use 1382 
(5) EFFECTIVE DATES.— 
note. 
(A) The amendments made by paragraphs (1) and (4) 
shall apply to any individual who applies for, or whose 
claim is finally adjudicated by the Commissioner of Social 
Security with respect to, supplemental security income 
benefits under title XVI of the Social Security Act based 
on disability on or after the date of the enactment of 
this Act, and, in the case of any individual who has applied 
for, and whose claim has been finally adjudicated by the 
Commissioner with respect to, such benefits before such 
date of enactment, such amendments shall apply only with 
respect to such benefits for months beginning on or after 
January 1, 1997. 
(B) The amendments made by paragraphs (2) and (3) 
shall apply with respect to supplemental security income 
benefits under title XVI of the Social Security Act for 
which applications are filed after the third month following 
the month in which this Act is enacted. 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 855 
(C) Within 90 days after the date of the enactment 
of this Act, the Commissioner of Social Security shall notify 
each individual who is eligible for supplemental security 
income benefits under title XVI of the Social Security Act 
for the month in which this Act is enacted and whose 
eligibility for such benefits would terminate by reason of 
the amendments made by this subsection. If such an 
individual reapplies for supplemental security income bene-
fits under title XVI of such Act (as amended by this Act) 
within 120 days after the date of the enactment of this 
Act, the Commissioner of Social Security shall, not later 
than January 1, 1997, complete the eligibility redetermina-
tion (including a new medical determination) with respect 
to such individual pursuant to the procedures of such title. 
(D) For purposes of this paragraph, the phrase "supple-
mental security income benefits under title XVI of the 
Social Security Act" includes supplementary payments 
pursuant to an agreement for Federal administration under 
section 1616(a) of the Social Security Act and payments 
pursuant to an agreement entered into under section 212(b) 
ofPubHc Law 93-66. 
(c) CONFORMING AMENDMENT.—Section 201(c) of the Social 
Security Independence and Program Improvements Act of 1994 
(42 U.S.C. 425 note) is repealed. 
(d) SUPPLEMENTAL FUNDING FOR ALCOHOL AND SUBSTANCE 
ABUSE TREATMENT PROGRAMS.— 
(1) IN GENERAL.—Out of any money in the Treasury not 
otherwise appropriated, there are hereby appropriated to 
supplement State and Tribal programs funded under section 
1933 of the Public Health Service Act (42 U.S.C. 300x-33), 
$50,000,000 for each of the fiscal years 1997 and 1998. 
(2) ADDITIONAL FUNDS.—^Amounts appropriated under para-
graph (1) shall be in addition to any funds otherwise appro-
priated for allotments under section 1933 of the Public Health 
Service Act (42 U.S.C. 300x-33) and shall be allocated pursuant 
to such section 1933. 
(3) USE OF FUNDS.—^A State or Tribal government receiving 
an allotment under this subsection shall consider as priorities, 
for purposes of expending funds allotted under this subsection, 
activities relating to the treatment of the abuse of alcohol 
and other drugs. 
SEC. 106. PILOT STUDY OF EFFICACY OF PROVIDING INDIVIDUALIZED 42 USC 402 note. 
INFORMATION TO RECIPIENTS OF OLD-AGE AND SURVI-
VORS INSURANCE BENEFITS. 
(a) IN GENERAL.—During a 2-year period beginning as soon 
as practicable in 1996, the Commissioner of Social Security shall 
conduct a pilot study of the efficacy of providing certain individual-
ized information to recipients of monthly insurance benefits under 
section 202 of the Social Security Act, designed to promote better 
understanding of their contributions and benefits under the social 
security system. The study shall involve solely beneficiaries whose 
entitlement to such benefits first occurred in or after 1984 and 
who have remained entitled to such benefits for a continuous period 
of not less than 5 years. The number of such recipients involved 
in the study shall be of sufficient size to generate a statistically 
110 STAT. 856 
PUBLIC LAW 104-121—MAR. 29, 1996 
42 use 
13201>-15. 
valid sample for purposes of the study, but shall not exceed 600,000 
beneficiaries. 
(b) ANNUALIZED STATEMENTS.—During the course of the study, 
the Commissioner shall provide to each of the beneficiaries involved 
in the study one annualized statement, setting forth the following 
information: 
(1) an estimate of the aggregate wages and self-emplo3nnent 
income earned by the individual on whose wages and self-
employment income the benefit is based, as shown on the 
records of the Commissioner as of the end of the last calendar 
year ending prior to the beneficiary's first month of entitlement; 
(2) an estimate of the aggregate of the employee and self-
employment contributions, and the aggregate of the employer 
contributions (separately identified), made with respect to the 
wages and self-employment income on which the benefit is 
based, as shown on the records of the Commissioner as of 
the end of the calendar year preceding the beneficiary's first 
month of entitlement; and 
(3) an estimate of the total amount paid as benefits under 
section 202 of the Social Security Act based on such wages 
and self-employment income, as shown on the records of the 
Commissioner as of the end of the last calendar year preceding 
the issuance of the statement for which complete information 
is available. 
(c) INCLUSION WITH MATTER OTHERWISE DISTRIBUTED TO BENE-
FICIARIES.—The Commissioner shall ensure that reports provided 
pursuant to this section are, to the maximum extent practicable, 
included with other reports currently provided to beneficiaries on 
an annual basis. 
(d) REPORT TO THE CONGRESS.—^The Commissioner shall report 
to each House of the Congress regarding the results of the pilot 
study conducted pursuant to this section not later than 60 days 
after the completion of such study. 
\ 
SEC. 107. PROTECTION OF SOCIAL SECURITY AND MEDICARE TRUST^ 
FUNDS. 
(a) IN GENERAL.—Part A of title XI of the Social Security' 
Act (42 U.S.C. 1301 et seq.) is amended by adding at the end 
the following new section: 
"PROTECTION OF SOCIAL SECURITY AND MEDICARE TRUST FUNDS 
"SEC. 1145. (a) IN GENERAL.—No officer or employee of the 
United States shall— 
"(1) delay the deposit of any amount into (or delay the 
credit of any amount to) any Federal fund or otherwise vary 
from the normal terms, procedures, or timing for making such 
deposits or credits, 
"(2) refrain from the investment in public debt obligations 
of amounts in any Federal fund, or 
"(3) redeem prior to maturity amounts in any Federal 
fund which are invested in public debt obligations for any 
purpose other than the payment of benefits or administrative 
expenses from such Federal fund. 
"(b) PUBLIC DEBT OBLIGATION.—For purposes of this section, 
the term 'public debt obligation' means any obligation subject to 
the public debt limit established under section 3101 of title 31, 
United States Code. 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 857 
"(c) FEDERAL FUND.—For purposes of this section, the term 
'Federal fund' means— 
"(1) the Federal Old-Age and Survivors Insurance Trust 
Fund; 
"(2) the Federal Disability Insurance Trust Fund; 
"(3) the Federal Hospital Insurance Trust Fund; and 
"(4) the Federal Supplementary Medical Insurance Trust 
Fund.". 
(b) EFFECTIVE DATE.—^The amendment made by this section 42USC 
shall take effect on the date of the enactment of this Act. 
I320b-15 note. 
SEC. 108. PROFESSIONAL STAFF FOR THE SOCIAL SECURITY ADVISORY 
BOARD. 
Section 703(i) of the Social Security Act (42 U.S.C. 903(i)) 
is amended in the first sentence by inserting after "Staff Director" 
the following: ", and three professional staff members one of whom 
shall be appointed from among individuals approved by the mem-
bers of the Board who are not members of the political party 
represented by the majority of the Board,". 
TITLE II—SMALL BUSINESS 
REGULATORY FAIRNESS 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Small Business Regulatory 
Enforcement Fairness Act of 1996". 
SEC. 202. FINDINGS. 
Congress finds that— 
(1) a vibrant and growing small business sector is critical 
to creating jobs in a dynamic economy; 
(2) small businesses bear a disproportionate share of regu-
latory costs and burdens; 
(3) fundamental changes that are needed in the regulatory 
and enforcement culture of Federal agencies to make agencies 
more responsive to small business can be made without com-
promising the statutory missions of the agencies; 
(4) three of the top recommendations of the 1995 White 
House Conference on Small Business involve reforms to the 
way government regulations are developed and enforced, and 
reductions in government paperwork requirements; 
(5) the requirements of chapter 6 of title 5, United States 
Code, have too often been ignored by government agencies, 
resulting in greater regulatory burdens on small entities than 
necessitated by statute; and 
(6) small entities should be given the opportunity to seek 
judicial review of agency actions required by chapter 6 of title 
5, United States Code. 
SEC. 203. PURPOSES. 
5 USC 601 note. 
The purposes of this title are— 
(1) to implement certain recommendations of the 1995 
White House Conference on Small Business regarding the devel-
opment and enforcement of Federal regulations; 
(2) to provide for judicial review of chapter 6 of title 5, 
United States Code; 
Small Business 
Regulatory 
Enforcement 
Fairness Act of 
1996. 
5 USC 601 note. 
5 USC 601 note. 
110 STAT. 858 
PUBLIC LAW 104-121—MAR. 29, 1996 
(3) to encourage the effective 
participation of small 
businesses in the Federal regulatory process; 
(4) to simplify the language of Federal regulations affecting 
small businesses; 
(5) to develop more accessible sources of information on 
regulatory and reporting requirements for small businesses; 
(6) to create a more cooperative regulatory environment 
among agencies and small businesses that is less punitive 
and more solution-oriented; and 
(7) to make Federal regulators more accountable for their 
enforcement actions by providing small entities with a meaning-
ful opportunity for redress of excessive enforcement activities. 
5 use 601 note. 
Subtltle A—Regulatory Compliance 
Simplification 
SEC. 211. DEFINITIONS. 
For purposes of this subtitle— 
(1) the terms "rule" and "small entity" have the same 
meanings as in section 601 of title 5, United States Code; 
(2) the term "agency" has the same meaning as in section 
551 of title 5, United States Code; and 
(3) the term "small entity compliance guide" means a docu-
ment designated as such by an agency. 
SEC. 212. COMPLIANCE GUIDES. 
(a) COMPLIANCE GUIDE.—For each rule or group of related 
rules for which an agency is required to prepare a final regulatory 
flexibility analysis under section 604 of title 5, United States Code, 
the agency shall publish one or more guides to assist small entities 
in complying with the rule, and shall designate such publications 
as "small entity compliance guides". The guides shall explain the 
actions a small entity is required to take to comply with a rule 
or group of rules. The agency shall, in its sole discretion, taking 
into account the subject matter of the rule and the language of 
relevant statutes, ensure that the guide is written using sufficiently 
plain language likely to be understood by affected small entities. 
Agencies may prepare separate guides covering groups or classes 
of similarly affected small entities, and may cooperate with associa-
tions of small entities to develop and distribute such guides. 
(b) COMPREHENSIVE SOURCE OF INFORMATION.—Agencies shall 
cooperate to make available to small entities through comprehensive 
sources of information, the small entity compliance guides and 
all other available information on statutory and regulatory^require-
ments affecting small entities. 
(c) LIMITATION ON JUDICIAL REVIEW.—^An agency's small entity 
compliance guide shall not be subject to judicial review, except 
that in any civil or administrative action against a small entity 
for a violation occurring after the effective date of this section, 
the content of the small entity compliance guide may be considered 
as evidence of the reasonableness or appropriateness of any pro-
posed fines, penalties or damages. 
SEC. 213. INFORMAL SMALL ENTITY GUIDANCE. 
(a) GENERAL.—^Whenever appropriate in the interest of admin-
istering statutes and regulations within the jurisdiction of an agency 
PUBLIC LAW 104-121—MAE. 29, 1996 
110 STAT. 859 
which regulates small entities, it shall be the practice of the agency 
to answer inquiries by small entities concerning information on, 
and advice about, compliance with such statutes and regulations, 
interpreting and applying the law to specific sets of facts supplied 
by the small entity. In any civil or administrative action against 
a small entity, guidance given by an agency applying the law 
to facts provided by the small entity may be considered as evidence 
of the reasonableness or appropriateness of any proposed fmes, 
penalties or damages sought against such small entity. 
(b) PROGRAM.—Each agency regulating the activities of small 
entities shall establish a program for responding to such inquiries 
no later than 1 year after enactment of this section, utilizing exist-
ing functions and personnel of the agency to the extent practicable. 
(c) REPORTING.—Each agency regulating the activities of small 
business shall report to the Committee on Small Business and 
Committee on Governmental Affairs of the Senate and the Commit-
tee on Small Business and Committee on the Judiciary of the 
House of Representatives no later than 2 years after the date 
of the enactment of this section on the scope of the agency's pro-
gram, the number of small entities using the program, and the 
achievements of the program to assist small entity compliance 
with agency regulations. 
SEC. 214. SERVICES OF SMALL BUSINESS DEVELOPMENT CENTERS. 
(a) Section 21(c)(3) of the Small Business Act (15 U.S.C. 
648(c)(3)) is amended— 
(1) in subparagraph (O), by striking "and" at the end; 
(2) in subparagraph (P), by striking the period at the end 
and inserting a semicolon; and 
(3) by inserting after subparagraph (P) the following new 
subparagraphs: 
"(Q) providing information to small business concerns 
regarding compliance with regulatory requirements; and 
"(R) developing informational publications, establishing 
resource centers of reference materials, and distributing 
compliance guides published under section 312(a) of the 
Small Business Regulatory Enforcement Fairness Act of 
1996.". 
(b) Nothing in this 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 compliance assistance. 
SEC. 215. COOPERATION ON GUIDANCE. 
Agencies may, to the extent resources are available and where 
appropriate, in cooperation with the States, develop guides that 
fully integrate requirements of both Federal and State regulations 
where regulations within an agency's area of interest at the Federal 
and State levels impact small entities. Where regulations vary 
among the States, separate guides may be created for separate 
States in cooperation with State agencies. 
SEC. 216. EFFECTIVE DATE. 
This subtitle and the amendments made by this subtitle shall 
take effect on the expiration of 90 days after the date of enactment 
of this subtitle. 
110 STAT. 860 
PUBLIC LAW 104-121—MAR. 29, 1996 
5 use 601 note. 
Subtltlc B—Regulatory Enforcement 
Reforms 
SEC. 221. DEFINITIONS. 
For purposes of this subtitle— 
(1) the terms "rule" and "small entity" have the same 
meanings as in section 601 of title 5, United States Code; 
(2) the term "agency" has the same meaning as in section 
551 of title 5, United States Code; and 
(3) the term "small entity compliance guide" means a docu-
ment designated as such by an agency. 
SEC. 222. SMALL BUSINESS AND AGRICULTURE 
ENFORCEMENT 
OMBUDSMAN. 
The Small Business Act (15 U.S.C. 631 et seq.) is amended— 
15 use 631 note. 
(1) by redesignating section 30 as section 31; and 
(2) by inserting after section 29 the following new section: 
15 use 657. 
"SEC. 30. OVERSIGHT OF REGULATORY ENFORCEMENT. 
"(a) DEFINITIONS.—For purposes of this section, the term— 
"(1) 'Board' means a Regional Small Business Regulatory 
Fairness Board established under subsection (c); and 
"(2) 'Ombudsman' means the Small Business and Agri-
culture Regulatory Enforcement Ombudsman designated under 
subsection (b). 
"(b) SBA ENFORCEMENT OMBUDSMAN.— 
"(1) Not later than 180 days after the date of enactment 
of this section, the Administrator shall designate a Small Busi-
ness and Agriculture Regulatory Enforcement Ombudsman, 
who shall report directly to the Administrator, utilizing person-
nel of the Small Business Administration to the extent prac-
ticable. Other agencies shall assist the Ombudsman and take 
actions as necessary to ensure compliance with the require-
ments of this section. Nothing in this section is intended to 
replace or diminish the activities of any Ombudsman or similar 
office in any other agency. 
"(2) The Ombudsman shall— 
"(A) work with each agency with regulatory authority 
over small businesses to ensure that small business con-
cerns that receive or are subject to an audit, on-site inspec-
tion, compliance assistance effort, or other enforcement 
related communication or contact by agency personnel are 
provided with a means to comment on the enforcement 
activity conducted by such personnel; 
"(B) establish means to receive comments from small 
business concerns regarding actions by agency employees 
conducting compliance or enforcement 
activities with 
respect to the small business concern, means to refer com-
ments to the Inspector General of the affected agency in 
the appropriate circumstances, and otherwise seek to main-
tain the identity of the person and small business concern 
making such comments on a confidential basis to the same 
extent as employee identities are protected under section 
7 of the Inspector General Act of 1978 (5 U.S.C. App.); 
"(C) based on°substantiated comments received from 
small business concerns and the Boards, annually report 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 861 
to Congress and affected agencies evaluating the enforce-
ment activities of agency personnel including a rating of 
the responsiveness to small business of the various regional 
and program offices of each agency; 
"(D) coordinate and report annually on the activities, 
findings and recommendations of the Boards to the 
Administrator and to the heads of affected agencies; and 
"(E) provide the affected agency with an opportunity 
to comment on draft reports prepared under subparagraph 
(C), and include a section of the final report in which 
the affected agency may make such comments as are not 
addressed by the Ombudsman in revisions to the draft. 
"(c) 
REGIONAL 
SMALL 
BUSINESS 
REGULATORY 
FAIRNESS Establishment. 
BOARDS.— 
"(1) Not later than 180 days after the date of enactment 
of this section, the Administrator shall establish a Small Busi-
ness Regulatory Fairness Board in each regional office of the 
Small Business Administration. 
"(2) Each Board established under paragraph (1) shall— 
"(A) meet at least annually to advise the Ombudsman 
on matters of concern to small businesses relating to the 
enforcement activities of agencies; 
"(B) report to the Ombudsman on substantiated 
instances of excessive enforcement actions of agencies 
against small business concerns including any findings or 
recommendations of the Board as to agency enforcement 
policy or practice; and 
"(C) prior to publication, provide comment on the 
annual report of the Ombudsman prepared under sub-
section (b). 
"(3) Each Board shall consist of five members, who are 
owners, operators, or officers of small business concerns, 
appointed by the Administrator, after receiving the rec-
ommendations of the chair and ranking minority member of 
the Committees on Small Business of the House of Representa-
tives and the Senate. Not more than three of the Board mem-
bers shall be of the same political party. No member shall 
be an officer or employee of the Federal Government, in either 
the executive branch or the Congress. 
"(4) Members of the Board shall serve at the pleasure 
of the Administrator for terms of three years or less. 
"(5) The Administrator shall select a chair from among 
the members of the Board who shall serve at the pleasure 
of the Administrator for not more than 1 year as chair. 
"(6) A majority of the members of the Board shall constitute 
a quorum for the conduct of business, but a lesser number 
may hold hearings. 
"(d) POWERS OF THE BOARDS. 
"(1) The Board may hold such hearings and collect such 
information as appropriate for carrying out this section. 
"(2) The Board may use the United States mails in the 
same manner and under the same conditions as other depart-
ments and agencies of the Federal Government. 
"(3) The Board may accept donations of services necessary 
to conduct its business, provided that the donations and their 
sources are disclosed by the Board. 
110 STAT. 862 
PUBLIC LAW 104-121—MAR. 29, 1996 
"(4) Members of the Board shall serve without compensa-
tion, provided that, members of the Board shall be allowed 
travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the perform-
ance of services for the Board.". 
SEC. 223. RIGHTS OF SMALL ENTITIES IN ENFORCEMENT ACTIONS. 
(a) IN GENERAL.—Each agency regulating the activities of small 
entities shall establish a policy or program within 1 year of enact-
ment of this section to provide for the reduction, and under appro-
priate circumstances for the waiver, of civil penalties for violations 
of a statutory or regulatory requirement by a small entity. Under 
appropriate circumstances, an agency may consider ability to pay 
in determining penalty assessments on small entities. 
(b) CONDITIONS AND EXCLUSIONS.—Subject to the requirements 
or limitations of other statutes, policies or programs established 
under this section shall contain conditions or exclusions which 
may include, but shall not be limited to— 
(1) requiring the small entity to correct the violation within 
a reasonable correction period; 
(2) limiting the applicability to violations discovered 
through participation by the small entity in a compliance assist-
ance or audit program operated or supported by the agency 
or a State; 
(3) excluding small entities that have been subject to mul-
tiple enforcement actions by the agency; 
(4) excluding violations involving willful or criminal con-
duct; 
(5) excluding violations that pose serious health, safety 
or environmental threats; and 
(6) requiring a good faith effort to comply with the law. 
(c) REPORTING.—^Agencies shall report to the Committee on 
Small Business and Committee on Governmental Affairs of the 
Senate and the Committee on Small Business and Committee on 
Judiciary of the House of Representatives no later than 2 years 
after the date of enactment of this section on the scope of their 
program or policy, the number of enforcement actions against small 
entities that qualified or failed to qualify for the program or policy, 
and the total amount of penalty reductions and waivers. 
SEC. 224. EFFECTIVE DATE. 
This subtitle and the amendments made by this subtitle shall 
take effect on the expiration of 90 days after the date of enactment 
of this subtitle. 
Subtitle C—Equal Access to Justice Act 
Amendments 
SEC. 231. ADMINISTRATIVE PROCEEDINGS. 
(a) Section 504(a) of title 5, United States Code, is amended 
by adding at the end the following new paragraph: 
"(4) If, in an adversary adjudication arising from an agency 
action to enforce a party's compliance with a statutory or regulatory 
requirement, the demand by the agency is substantially in excess 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 863 
of the decision of the adjudicative officer and is unreasonable when 
compared with such decision, under the facts and circumstances 
of the case, the 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 award unjust. Fees and expenses awarded under this paragraph 
shall be paid only as a consequence of appropriations provided 
in advance.". 
(b) Section 504(b) of title 5, United States Code, is amended— 
(1) in paragraph (1)(A), by striking "$75" and inserting 
"$125"; 
(2) at the end of paragraph (1)(B), by inserting before 
the semicolon "or for purposes of subsection (a)(4), a small 
entity as defined in section 601"; 
(3) at the end of paragraph (1)(D), by striking "and"; 
(4) at the end of paragraph (1)(E), by striking the period 
and inserting "; and"; and 
(5) at the end of paragraph (1), by adding the following 
new subparagraph: 
"(F) 'demand' means the express demand of the agency 
which led to the adversary adjudication, but does not include 
a recitation by the agency of the maximum statutory penalty 
(i) in the administrative complaint, or (ii) elsewhere when 
accompanied by an express demand for a lesser amount.". 
SEC. 232. JUDICIAL PROCEEDINGS. 
(a) Section 2412(d)(1) of title 28, United States Code, is 
amended by adding at the end the following new subparagraph: 
"(D) If, in a civil action brought by the United States or a 
proceeding for judicial review of an adversary adjudication described 
in section 504(a)(4) of title 5, the demand by the United States 
is substantially in excess of the judgment finally obtained by the 
United States and is unreasonable when compared with such judg-
ment, under the facts and circumstances of the case, the court 
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 award unjust. Fees and 
expenses awarded under this subparagraph shall be paid only as 
a consequence of appropriations 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 the end of paragraph (2)(B), by inserting before 
the semicolon "or for purposes of subsection (d)(1)(D), a small 
entity as defined in section 601 of title 5"; 
(3) at the end of paragraph (2)(G), by striking "and"; 
(4) at the end of paragraph (2)(H), by striking the period 
and inserting "; and"; and 
(5) at the end of paragraph (2), by adding the following 
new subparagraph: 
"(I) 'demand' means the express demand of the United 
States which led to the adversary adjudication, but shall not 
include a recitation of the maximum statutory penalty (i) in 
the complaint, or (ii) elsewhere when accompanied by an 
express demand for a lesser amount.". 
110 STAT. 864 
PUBLIC LAW 104-121—MAR. 29, 1996 
5 u s e 504 note. 
SEC. 233. EFFECTIVE DATE. 
The amendments made by sections 331 and 332 shall apply 
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) INITIAL REGULATORY FLEXIBILITY ANALYSIS.— 
(1) SECTION 603.—Section 603(a) of title 5, United States 
Code, is amended— 
(A) by inserting after "proposed rule", the phrase ", 
or publishes a notice of proposed rulemaking for an 
interpretative rule involving the internal revenue laws of 
the United States"; and 
(B) by inserting at the end of the subsection, the follow-
ing new sentence: "In the case of an interpretative rule 
involving the internal revenue laws of the United States, 
this chapter applies to interpretative rules published in 
the Federal Register for codification in the Code of Federal 
Regulations, but only to the extent that such interpretative 
rules impose on small entities a collection of information 
requirement.". 
(2) SECTION eoi.—Section 601 of title 5, United States Code, 
is amended by striking "and" at the end of paragraph (5), 
by striking the period at the end of paragraph (6) and inserting 
"; and", and by adding at the end the following: 
"(7) the term 'collection of information'— 
"(A) means the obtaining, causing to be obtained, solic-
iting, or requiring the disclosure to third parties or the 
public, of facts or opinions by or for an agency, regardless 
of form or format, calling for either— 
"(i) answers to identical questions posed to, or 
identical reporting or recordkeeping 
requirements 
imposed 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 
which are to be used for general statistical purposes; 
and 
"(B) shall not include a collection of information 
described under section 3518(c)(1) of title 44, United States 
Code. 
"(8) RECORDKEEPING REQUIREMENT.—^The term 'record-
keeping requirement' means a requirement imposed by an 
agency on persons to maintain specified records.". 
(b) FINAL REGULATORY FLEXIBILITY ANALYSIS.—Section 604 of 
title 5, United States Code, is amended— 
(1) in subsection (a) to read as follows: 
"(a) When an agency promulgates a final rule under section 
553 of this title, after being required by that section or any other 
law to publish a general notice of proposed rulemaking, or promul-
gates a final interpretative rule involving the internal revenue 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 865 
laws of the United States as described in section 603(a), the agency 
shall prepare a final regulatory flexibility analysis. Each final regu-
latory flexibility analysis shall contain— 
"(1) a succinct statement of the need for, and objectives 
of, the rule; 
"(2) a summary of the significant issues raised by the 
public comments in response to the initial regulatory flexibility 
analysis, a summary of the assessment of the agency of such 
issues, and a statement of any changes made in the proposed 
rule as a result of such comments; 
"(3) a description of and an estimate of the number of 
small entities to which the rule will apply or an explanation 
of why no such estimate is available; 
"(4) a description of the projected reporting, recordkeeping 
and other compliance requirements of the rule, including an 
estimate of the classes of small entities which will be subject 
to the requirement and the type of professional skills necessary 
for preparation of the report or record; and 
"(5) a description of the steps the agency has taken to 
minimize the significant economic impact on small entities 
consistent with the stated objectives of applicable statutes, 
including a statement of the factual, policy, and legal reasons 
for selecting the alternative adopted in the final rule and why 
each one of the other significant alternatives to the rule consid-
ered by the agency which affect the impact on small entities 
was rejected."; and 
(2) in subsection (b), by striking "at the time" and all 
that follows and inserting "such analysis or a summary 
thereof". 
SEC. 242. JUDICIAL REVIEW. 
Section 611 of title 5, United States Code, is amended to 
read as follows: 
"§ 611. Judicial review 
"(a)(1) For any rule subject to this chapter, a small entity 
that is adversely affected or aggrieved by final agency action is 
entitled to judicial review of agency compliance with the require-
ments of sections 601, 604, 605(b), 608(b), and 610 in accordance 
with chapter 7. Agency compliance with sections 607 and 609(a) 
shall be judicially reviewable in connection with judicial review 
of section 604. 
"(2) Each court having jurisdiction to review such rule for 
compliance with section 553, or under any other provision of law, 
shall have jurisdiction tO' review any claims of noncompliance with 
sections 601, 604, 605(b), 608(b), and 610 in accordance with chapter 
7. Agency compliance with sections 607 and 609(a) shall be judicially 
reviewable in connection with judicial review of section 604. 
"(3)(A) A small entity may seek such review during the period 
beginning on the date of final agency action and ending one year 
later, except that where a provision of law requires that an action 
challenging a final agency action be commenced before the expira-
tion of one year, such lesser period shall apply to an action for 
judicial review under this section. 
"(B) In the case where an agency delays the issuance of a 
final regulatory flexibility analysis pursuant to section 608(b) of 
110 STAT. 866 
PUBLIC LAW 104-121—MAR. 29, 1996 
this chapter, an action for judicial review under this section shall 
be filed not later than— 
"(i) one year after the date the analysis is made available 
to the public, or 
"(ii) where a provision of law requires that an action chal-
lenging a final agency regulation be commenced before the 
expiration of the 1-year period, the number of days specified 
in such provision of law that is after the date the analysis 
is made available to the public. 
"(4) In granting any relief in an action under this section, 
the court shall order the agency to take corrective action consistent 
with this chapter and chapter 7, including, but not limited to— 
"(A) remanding the rule to the agency, and 
"(B) deferring the enforcement of the rule against small 
entities unless the court finds that continued enforcement of 
the rule is in the public interest. 
"(5) Nothing in this subsection shall be construed to limit 
the authority of any court to stay the effective date of any rule 
or provision thereof under any other provision of law or to grant 
any other relief in addition to the requirements of this section. 
"(b) In an action for the judicial review of a rule, the regulatory 
flexibility analysis for such rule, including an analysis prepared 
or corrected pursuant to paragraph (a)(4), shall constitute part 
of the entire record of agency action in connection with such review. 
"(c) Compliance or noncompliance by an agency with the provi-
sions of this chapter shall be subject to judicial review only in 
accordance with this section. 
"(d) Nothing in this section bars judicial review of any other 
impact statement or similar analysis required by any other law 
if judicial review of such statement or analysis is otherwise per-
mitted by law.". 
SEC. 243. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) Section 605(b) of title 5, United States Code, is amended 
to read as follows: 
"(b) Sections 603 and 604 of this title shall not apply to any 
proposed or final rule if the head of the agency certifies that 
the rule will not, if promulgated, have a significant economic impact 
Federal Register, 
on a substantial number of small entities. If the head of the agency 
publication. 
makes a certification under the preceding sentence, the agency 
shall publish such certification in 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, along with 
a statement providing the factual basis for such certification. The 
agency shall provide such certification and statement to the Chief 
Counsel for Advocacy of the Small Business Administration.". 
(b) Section 612 of title 5, United States Code, is amended— 
(1) in subsection (a), by striking "the committees on the 
Judiciary of the Senate and the House of Representatives, 
the Select Committee on Small Business of the Senate, and 
the Committee on Small Business of the House of Representa-
tives" and inserting "the Committees on the Judiciary and 
Small Business of the Senate and House of Representatives". 
(2) in subsection (b), by striking "his views with respect 
to the" and inserting in lieu thereof, "his or her views with 
respect to compliance with this chapter, the adequacy of the 
rulemaking record with respect to small entities and the". 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 867 
SEC. 244. SMALL BUSINESS ADVOCACY REVIEW PANELS. 
(a) SMALL BUSINESS OUTREACH AND INTERAGENCY COORDINA-
TION.— Section 609 of title 5, United States Code, is amended— 
(1) before "techniques," by inserting "the reasonable use 
of; 
(2) in paragraph (4), after "entities" by inserting "including 
soliciting and receiving comments over computer networks"; 
(3) by designating the current text as subsection (a); and 
(4) by adding the following: 
"(b) Prior to publication of an initial regulatory flexibility analy-
sis which a covered agency is required to conduct by this chapter— 
"(1) a covered agency shall notify the Chief Counsel for 
Advocacy of the Small Business Administration and provide 
the Chief Counsel with information on the potential impacts 
of the proposed rule on small entities and the type of small 
entities that might be affected; 
"(2) not later than 15 days after the date of receipt of 
the materials described in paragraph (1), the Chief Counsel 
shall identify individuals representative of affected small enti-
ties for the purpose of obtaining advice and recommendations 
from those individuals about the potential impacts of the pro-
posed rule; 
"(3) the agency shall convene a review panel for such 
rule consisting wholly of full time Federal employees of the 
office within the agency responsible for carrying out the pro-
posed rule, the Office of Information and Regulatory Affairs 
within the Office of Management and Budget, and the Chief 
Counsel; 
"(4) the panel shall review any material the agency has 
prepared in connection with this chapter, including any draft 
proposed rule, collect advice and recommendations of each 
individual small entity representative identified by the agency 
after consultation with the Chief Counsel, on issues related 
to subsections 603(b), paragraphs (3), (4) and (5) and 603(c); 
"(5) not later than 60 days after the date a covered agency 
convenes a review panel pursuant to paragraph (3), the review 
panel shall report on the comments of the small entity rep-
resentatives and its findings as to issues related to subsections 
603(b), paragraphs (3), (4) and (5) and 603(c), provided that 
such report shall be made public as part of the rulemaking 
record; and 
"(6) where appropriate, the agency shall modify the pro-
posed rule, the initial regulatory flexibility analysis or the 
decision on whether an initial regulatory flexibility analysis 
is required. 
"(c) An agency may in its discretion apply subsection (b) to 
rules that the agency intends to certify under subsection 605(b), 
but the agency believes may have a greater than de minimis impact 
on a substantial number of small entities. 
"(d) For purposes of this section, the term 'covered agency' 
means the Environmental Protection Agency and the Occupational 
Ssifety and Health Administration of the Department of Labor. 
"(e) The Chief Counsel for Advocacy, in consultation with the 
individuals identified in subsection (b)(2), and with the Adminis-
trator of the OfRce of Information and Regulatory Affairs within 
the Office of Management and Budget, may waive the requirements 
of subsections (b)(3), (b)(4), and (b)(5) by including in the rulemaking 
110 STAT. 868 
PUBLIC LAW 104-121—MAR. 29, 1996 
record a written finding, with reasons therefor, that those require-
ments would not advance the effective participation of small entities 
in the rulemaking process. For purposes of this subsection, the 
factors to be considered in making such a finding are as follows: 
"(1) In developing a proposed rule, the extent to which 
the covered agency consulted with individuals representative 
of affected small entities with respect to the potential impacts 
of the rule and took such concerns into consideration. 
"(2) Special circumstances requiring prompt issuance of 
the rule. 
"(3) Whether the requirements of subsection (b) would pro-
vide the individuals identified in subsection (b)(2) with a 
competitive advantage relative to other small entities.". 
5 u s e 609 note. 
(b) SMALL BUSINESS ADVOCACY CHAIRPERSONS.—^Not l a t e r t h a n 
30 days after the date of enactment of this Act, the head of each 
covered agency that has conducted a final regulatory flexibility 
analysis shall designate a small business advocacy chairperson 
using existing personnel to the extent possible, to be responsible 
for implementing this section and to act as permanent chair of 
the agency's review panels established pursuant to this section. 
5 u s e 601 note. 
SEC. 245. EFFECTIVE DATE. 
This subtitle shall become effective on the expiration of 90 
days after the date of enactment of this subtitle, except that such 
amendments shall not apply to interpretative rules for which a 
notice of proposed rulemaking was published prior to the date 
of enactment. 
Subtitle E—Congressional Review 
SEC. 251. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. 
Title 5, United States Code, is amended by inserting imme-
diately after chapter 7 the following new chapter: 
"CHAPTER 
8—CONGRESSIONAL 
REVIEW 
OF 
AGENCY 
RULEMAKING 
"Sec. 
"801. Congressional review. 
"802. Congressional disapproval procedure. 
"803. Special rule on statutory, regulatory, and judicial deadlines. 
"804. Definitions. 
"805. Judicial review. 
"806. Applicability; severability. 
"807. Exemption for monetary policy. 
"808. Effective date of certain rules. 
"§ 801. Congressional review 
Reports. 
"(a)(1)(A) Before a rule can take effect, the Federal agency 
promulgating such rule 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 general statement relating to the rule, includ-
ing whether it is a major rule; and 
"(iii) the proposed effective date of the rule. 
"(B) On the date of the submission of the report under subpara-
graph (A), the Federal agency promulgating the rule shall submit 
to the Comptroller General and make available to each House 
of Congress— 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 869 
604, 
203, 
"(i) a complete copy of the cost-benefit analysis of the 
rule, if any; 
"(ii) the agency's actions relevant to sections 603, 
605, 607, and 609; 
"(iii) the agency's actions relevant to sections 202, 
204, and 205 of the Unfunded Mandates Reform Act of 1995; 
and 
"(iv) any other relevant information or requirements under 
any other Act and any relevant Executive orders. 
"(C) Upon receipt of a report submitted under subparagraph 
(A), each House shall provide copies of the report to the chairman 
and ranking member of each standing committee with jurisdiction 
under the rules of the House of Representatives or the Senate 
to report a bill to amend the provision of law under which the 
rule is issued. 
"(2)(A) The Comptroller General shall provide a report on each Reports 
major rule to the committees of jurisdiction in each House of the 
Congress by the end of 15 calendar days after the submission 
or publication date as provided in section 802(b)(2). The report 
of the Comptroller General shall include an assessment of the 
agency's compliance with procedural steps required by paragraph 
(1)(B). 
"(B) Federal agencies shall cooperate with the Comptroller Gen-
eral by providing information relevant to the Comptroller General's 
report under subparagraph (A). 
"(3) A major rule relating to a report submitted under para-
graph (1) shall take effect on the latest of— 
"(A) the later of the date occurring 60 days after the date 
on which— 
"(i) the Congress receives the report submitted under 
paragraph (1); or 
"(ii) the rule is published in the Federal Register, if 
so published; 
"(B) if the Congress passes a joint resolution of disapproval 
described in section 802 relating to the rule, and the President 
signs a veto of such resolution, the earlier date— 
"(i) on which either House of Congress votes and fails 
to override the veto of the President; or 
"(ii) occurring 30 session days after the date on which 
the Congress received the veto and objections of the Presi-
dent; or 
"(C) the date the rule would have otherwise taken effect, 
if not for this section (unless a joint resolution of disapproval 
under section 802 is enacted). 
"(4) Except for a major rule, a rule shall take effect as otherwise 
provided by law after submission to Congress under paragraph 
(1). 
"(5) Notwithstanding paragraph (3), the effective date of a 
rule shall not be delayed by operation of this chapter beyond the 
date on which either House of Congress votes to reject a joint 
resolution of disapproval under section 802. 
"(b)(1) A rule shall not take effect (or continue), if the Congress 
enacts a joint resolution of disapproval, described under section 
802, of the rule. 
"(2) A rule that does not take effect (or does not continue) 
under paragraph (1) may not be reissued in substantially the same 
form, and a new rule that is substantially the same as such a 
Effective dates. 
Federal Register, 
publication. 
Effective date. 
Effective dates. 
110 STAT. 870 
PUBLIC LAW 104-121—MAR. 29, 1996 
Federal Register, 
publication. 
Effective date. 
rule may not be issued, unless the reissued or new rule is specifi-
cally authorized by a law enacted after the date of the joint resolu-
tion disapproving the original rule. 
"(c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a rule that would not take effect 
by reason of subsection (a)(3) may take effect, if the President 
makes a determination under paragraph (2) and submits written 
notice of such determination to the Congress. 
"(2) Paragraph (1) applies to a determination made by the 
President by Executive order that the rule should take effect 
because such rule is— 
"(A) necessary because of an imminent threat to health 
or safety or other emergency; 
"(B) necessary for the enforcement of criminal laws; 
"(C) necessary for national security; or 
"(D) issued pursuant to any statute implementing an inter-
national trade agreement. 
"(3) An exercise by the President of the authority under this 
subsection shall have no effect on the procedures under section 
802 or the effect of a joint resolution of disapproval under this 
section. 
"(d)(1) In addition to the opportunity for review otherwise pro-
vided under this chapter, in the case of any rule for which a 
report was submitted in accordance with subsection (a)(1)(A) during 
the period beginning on the date occurring— 
"(A) in the case of the Senate, 60 session days, or 
"(B) in the case of the House of Representatives, 60 legisla-
tive days, 
before the date the Congress adjourns a session of Congress through 
the date on which the same or succeeding Congress first convenes 
its next session, section 802 shall apply to such rule in the succeed-
ing session of Congress. 
"(2)(A) In applying section 802 for purposes of such additional 
review, a rule described under paragraph (1) shall be treated as 
though— 
"(i) such rule were published in the Federal Register (as 
a rule that shall take effect) on— 
"(I) in the case of the Senate, the 15th session day, 
or 
"(II) in tho case of the House of Representatives, the 
15th legislative day, 
after the succeeding session of Congress first convenes; and 
"(ii) a report on such rule were submitted to Congress 
under subsection (a)(1) on such date. 
"(B) Nothing in this paragraph shall be construed to affect 
the requirement under subsection (a)(1) that a report shall be 
submitted to Congress before a rule can take effect. 
"(3) A rule described under paragraph (1) shall take effect 
as otherwise provided by law (including other subsections of this 
section). 
"(e)(1) For purposes of this subsection, section 802 shall also 
apply to any major rule promulgated between March 1, 1996, and 
the date of the enactment of this chapter. 
"(2) In applying section 802 for purposes of Congressional 
review, a rule described under paragraph (1) shall be treated as 
though— 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 871 
"(A) such rule were published in the Federal Register on Federal Register, 
the date of enactment of this chapter; and 
publication. 
"(B) a report on such rule were submitted to Congress 
under subsection (a)(1) on such date. 
"(3) The effectiveness of a rule described under paragraph (1) 
shall be as otherwise provided by law, unless the rule is made 
of no force or effect under section 802. 
"(f) Any rule that takes effect and later is made of no force 
or effect by enactment of a joint resolution under section 802 shall 
be treated as though such rule had never taken effect. 
"(g) If the Congress does not enact a joint resolution of dis-
approval under section 802 respecting a rule, no court or agency 
may infer any intent of the Congress from any action or inaction 
of the Congress with regard to such rule, related statute, or joint 
resolution of disapproval. 
"§ 802. Congressional disapproval procedure 
"(a) For 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 referred to in section 801(a)(1)(A) 
is received by Congress and ending 60 days thereafter (excluding 
days either House of Congress is adjourned for more than 3 days 
during a session of Congress), the matter after the resolving clause 
of which is as follows: 'That Congress disapproves the rule submit-
ted by the 
relating to 
, and such rule shall have no 
force or effect.' (The blank spaces being appropriately filled in). 
"(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdic-
tion. 
"(2) For purposes of this section, the term 'submission or 
publication date' means the later of the date on which— 
"(A) the Congress receives the report submitted under sec-
tion 801(a)(1); or 
"(B) the rule is published in the Federal Register, if so Federal Register, 
published. 
publication. 
"(c) In the Senate, if the committee to which is referred a 
joint resolution described in subsection (a) has not reported such 
joint resolution (or an identical joint resolution) at the end of 
20 calendar days after the submission or publication date defined 
under subsection (b)(2), such committee may be discharged from 
further consideration of such joint resolution upon a petition sup-
ported in writing by 30 Members of the Senate, and such joint 
resolution shall be placed on the calendar. 
"(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is dis-
charged (under subsection (c)) from further consideration of a joint 
resolution described in subsection (a), it is at any time thereafter 
in order (even though a previous motion to the same effect has 
been disagreed to) for a motion to proceed to the consideration 
of the joint resolution, and all points of order against the joint 
resolution (and against consideration of the joint resolution) are 
waived. The motion is not subject to amendment, or to a motion 
to postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which the motion 
is agreed to or disagreed to shall not be in order. If a motion 
to proceed to the consideration of the joint resolution is agreed 
110 STAT. 872 
PUBLIC LAW 104-121—MAR. 29, 1996 
to, the joint resolution shall remain the unfinished business of 
the Senate until disposed of. 
"(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be 
limited to not more than 10 hours, which shall be divided equally 
between those favoring and those opposing the joint resolution. 
A motion further to limit debate is in order and not debatable. 
An amendment to, or a motion to postpone, or a motion to proceed 
to the consideration of other business, or a motion to recommit 
the joint resolution is not in order. 
"(3) In the Senate, immediately following the conclusion of 
the debate on a joint resolution described in subsection (a), and 
a single quorum call at the conclusion of the debate if requested 
in accordance with the rules of the Senate, the vote on final passage 
of the joint resolution shall occur. 
"(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating 
to a joint resolution described in subsection (a) shall be decided 
without debate. 
"(e) In the Senate the procedure specified in subsection (c) 
or (d) shall not apply to the consideration of a joint resolution 
respecting a rule— 
"(1) after the expiration of the 60 session days beginning 
with the applicable submission or publication date, or 
"(2) if the report under section 801(a)(1)(A) was submitted 
during the period referred to in section 801(d)(1), after the 
expiration of the 60 session days beginning on the 15th session 
day after the succeeding session of Congress first convenes. 
"(f) If, before the passage by one House of a joint resolution 
of that House described in subsection (a), that House receives 
from the other House a joint resolution described in subsection 
(a), then the following procedures shall apply: 
"(1) The joint resolution of the other House shall not be 
referred to a committee. 
"(2) With respect to a joint resolution described in sub-
section (a) of the House receiving the joint resolution— 
"(A) the procedure in that House shall be the same 
as if no joint resolution had been received from the other 
House; but 
"(B) the vote on final passage shall be on the joint 
resolution of the other House. 
"(g) This section is enacted by Congress— 
"(1) as an exercise of the rulemaking power of the Senate 
and House of Representatives, respectively, and as such it 
is deemed a part of the rules of each House, respectively, 
but applicable only with respect to the procedure to be followed 
in that House in the case of a joint resolution described in 
subsection (a), and it supersedes other rules only to the extent 
that it is inconsistent with such rules; and 
"(2) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure 
of that House) at any time, in the same manner, and to the 
same extent as in the case of any other rule of that House. 
PUBLIC LAW 104-121—MAR. 29, 1996 
110 STAT. 873 
^'§803. Special rule on statutory, regulatory, and judicial 
deadlines 
"(a) In the case of any deadline for, relating to, or involving 
any rule which does not take effect (or the effectiveness of which 
is terminated) because of enactment of a joint resolution under 
section 802, that deadline is extended until the date 1 year after 
the date of enactment of the joint resolution. Nothing in this sub-
section shall be construed to affect a deadline merely by reason 
of the postponement of a rule's effective date under section 801(a). 
"(b) The term 'deadline' means any date certain for fulfilling 
any obligation or exercising any authority established by or under 
any Federal statute or regulation, or by or under any court order 
implementing any Federal statute or regulation. 
"§ 804. Definitions 
"For purposes of this chapter— 
"(1) The term 'Federal agency' means any agency as that 
term is defined in section 551(1). 
"(2) The term 'major rule' means any rule that the Adminis-
trator of the Office of Information and Regulatory Affairs of 
the Office of Management and Budget finds has resulted in 
or is likely to result in— 
"(A) an annual effect on the economy of $100,000,000 
or more; 
"(B) a 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, employ-
ment, investment, productivity, innovation, or on the ability 
of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets. 
The term does not include any rule promulgated under the 
Telecommunications Act of 1996 and the amendments made 
by that Act. 
"(3) The term 'rule' has the meaning given such term 
in section 551, except that such term does not include— 
"(A) any rule of particular applicability, including a 
rule that approves or prescribes for the future rates, wages, 
prices, services, or allowances therefor, corporate or finan-
cial structures, reorganizations, mergers, or acquisitions 
thereof, or accounting practices or disclosures bearing on 
any of the foregoing; 
"(B) any rule relating to agency management or person-
nel; or 
"(C) any rule of agency organization, procedure, or 
practice that does not substantially affect the rights or 
obligations of non-agency parties. 
"§ 805. Judicial review 
"No determination, finding, action, or omission under this chap-
ter shall be subject to judicial review. 
*
*
§ 806. Applicability; severability 
"(a) This chapter shall apply notwithstanding any other provi-
sion of law. 
"(b) If any provision of this chapter or the application of any 
provision of this chapter to any person or circumstance, is held 
29-194 O - 96 - 29 : QL 3 Part 1 
110 STAT. 874 
PUBLIC LAW 104-121—MAR. 29, 1996 
invalid, the application of such provision to other persons or cir-
cumstances, and the remainder of this chapter, shall not be affected 
thereby. 
"§ 807. Exemption for monetary policy 
"Nothing in this chapter shall apply to rules that concern 
monetary policy proposed or implemented by the Board of Governors 
of the Federal Reserve System or the Federal Open Market Commit-
tee. 
"§ 808. Effective date of certain rules 
"Notwithstanding section 801— 
"(1) any rule that establishes, modifies, opens, closes, or 
conducts a regulatory program for a commercial, recreational, 
or subsistence activity related to hunting, fishing, or camping, 
or 
"(2) any rule which an agency for good cause finds (and 
incorporates the finding and a brief statement of reasons there-
for in the rule issued) that notice and public procedure thereon 
are impracticable, unnecessary, or contrary to the public 
interest, 
shall take effect at such time as the Federal agency promulgating 
the rule determines.". 
SEC. 252. EFFECTIVE DATE. 
5 use 801 note. 
The amendment made by section 351 shall take effect on the 
date of enactment of this Act. 
SEC. 253. TECHNICAL AMENDMENT. 
The table of chapters for part I of title 5, United States Code, 
is amended by inserting immediately after the item relating to 
chapter 7 the following: 
"8. (Congressional Review of Agency Rulemaking 
801". 
PUBLIC LAW 104-121—MAR. 29, 1996 
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". 
Approved March 29, 1996. 
LEGISLATIVE HISTORY—H.R. 3136 (S. 942): 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Mar. 15, 19, S. 942 considered and passed Senate. 
Mar. 28, H.R. 3136 considered and passed House and Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Mar. 29, Presidential statement.