I

103D CONGRESS

1ST SESSION H. R. 830

To amend title 5, United States Code, to clarify procedures for judicial

review of Federal agency compliance with regulatory flexibility analysis

requirements, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1993

Mr. EWING (for himself, Mrs. MEYERS of Kansas, Mr. LAFALCE, Mr. SKELTON, Mr. COMBEST, Mr. GOODLING, Mr. RAMSTAD, Mr. SHAYS, Mr.

DOOLITTLE, Mr. MONTGOMERY, Mr. PENNY, Mr. BAKER of Louisiana,

Mr. KYL, Mr. LIGHTFOOT, Mr. LEHMAN, Mr. BEREUTER, Mr. FLAKE,

Mr. ZELIFF, Mr. PETE GEREN of Texas, Mr. POSHARD, Mr. GILMAN,

Mr. DANNER, Mr. SAM JOHNSON of Texas, Mr. MACHTLEY, Mr. DORNAN, Mr. DELAY, Mr. TORKILDSEN, Mr. PORTER, Mr. BURTON of Indiana, Mr. HEFLEY, and Mr. SISISKY) introduced the following bill; which

was referred to the Committee on the Judiciary

A BILL

To amend title 5, United States Code, to clarify procedures

for judicial review of Federal agency compliance with

regulatory flexibility analysis requirements, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Regulatory Flexibility

5 Amendments Act of 1993’’.
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1 SEC. 2. JUDICIAL REVIEW.

2 (a) IN GENERAL.—Section 611 of title 5, United

3 States Code, is repealed.

4 (b) CONFORMING AMENDMENT.—The table of sec5 tions at the beginning of chapter 6 of title 5, United

6 States Code, is amended by striking the item relating to

7 section 611.

8 SEC. 3. CONSIDERATION OF DIRECT AND INDIRECT EF9 FECTS OF RULES.

10 (a) IN GENERAL.—Title 5, United States Code, is

11 amended by inserting after section 610 the following new

12 section:

13 ‘‘§ 611. Consideration of direct and indirect effects of

14 rules

15 ‘‘In determining under this chapter whether or not

16 a rule is likely to have a significant impact on a substan17 tial number of small entities, an agency shall consider both

18 the direct and indirect effects of the rule.’’.

19 (b) CONFORMING AMENDMENT.—The table of sec20 tions at the beginning of chapter 6 of title 5, United

21 States Code, is amended by inserting after the item relat22 ing to section 610 the following:

‘‘611. Consideration of direct and indirect effects of rules.’’.
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1 SEC. 4. RULES OPPOSED BY SBA CHIEF COUNSEL FOR AD2 VOCACY.

3 (a) IN GENERAL.—Section 612 of title 5, United

4 States Code, is amended by adding at the end the follow5 ing new subsection:

6 ‘‘(d) STATEMENT OF OPPOSITION.—

7 ‘‘(1) TRANSMITTAL OF PROPOSED RULES AND

8 INITIAL REGULATORY FLEXIBILITY ANALYSIS TO

9 SBA CHIEF COUNSEL FOR ADVOCACY.—On or before

10 the 30th day preceding the date of publication by an

11 agency of general notice of proposed rulemaking for

12 a rule, the agency shall transmit to the Chief Coun13 sel for Advocacy of the Small Business Administra14 tion—

15 ‘‘(A) a copy of the proposed rule; and

16 ‘‘(B)(i) a copy of the initial regulatory

17 flexibility analysis for the rule if required under

18 section 603; or

19 ‘‘(ii) a determination by the agency that an

20 initial regulatory flexibility analysis is not re21 quired for the proposed rule under section 603

22 and an explanation for the determination.

23 ‘‘(2) STATEMENT OF OPPOSITION.—On or be24 fore the 15th day following receipt of a proposed

25 rule and initial regulatory flexibility analysis from an

26 agency under paragraph (1), the Chief Counsel for
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1 Advocacy may transmit to the agency a written

2 statement of opposition of the proposed rule.

3 ‘‘(3) RESPONSE.—If the Chief Counsel for Ad4 vocacy transmits to an agency a statement of opposi5 tion to a proposed rule in accordance with para6 graph (2), the agency shall publish the statement,

7 together with the response of the agency to the

8 statement, in the Federal Register at the time of

9 publication of general notice of proposed rulemaking

10 for the rule.’’.

11 (b) CONFORMING AMENDMENT.—Section 603(a) of

12 title 5, United States Code, is amended by inserting ‘‘in

13 accordance with section 612(d)’’ before the period at the

14 end of the last sentence.

15 SEC. 5. SENSE OF CONGRESS REGARDING SBA CHIEF

16 COUNSEL FOR ADVOCACY.

17 It is the sense of Congress that the Chief Counsel

18 for Advocacy of the Small Business Administration should

19 be permitted to appear as amicus curiae in any action or

20 case brought in a court of the United States for the pur21 pose of reviewing a rule.

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