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. SKEL-
TON, 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. DOR-
NAN, Mr. DELAY, Mr. TORKILDSEN, Mr. PORTER, Mr. BURTON of Indi-
ana, 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Regulatory Flexibility
Amendments Act of 1993’’.
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SEC. 2. JUDICIAL REVIEW.
(a) IN GENERAL.—Section 611 of title 5, United
States Code, is repealed.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 6 of title 5, United
States Code, is amended by striking the item relating to
section 611.
SEC. 3. CONSIDERATION OF DIRECT AND INDIRECT EF-
FECTS OF RULES.
(a) IN GENERAL.—Title 5, United States Code, is
amended by inserting after section 610 the following new
section:
‘‘§ 611. Consideration of direct and indirect effects of
rules
‘‘In determining under this chapter whether or not
a rule is likely to have a significant impact on a substan-
tial number of small entities, an agency shall consider both
the direct and indirect effects of the rule.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 6 of title 5, United
States Code, is amended by inserting after the item relat-
ing to section 610 the following:
‘‘611. Consideration of direct and indirect effects of rules.’’.
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SEC. 4. RULES OPPOSED BY SBA CHIEF COUNSEL FOR AD-
VOCACY.
(a) IN GENERAL.—Section 612 of title 5, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(d) STATEMENT OF OPPOSITION.—
‘‘(1) TRANSMITTAL OF PROPOSED RULES AND
INITIAL
REGULATORY
FLEXIBILITY
ANALYSIS
TO
SBA CHIEF COUNSEL FOR ADVOCACY.—On or before
the 30th day preceding the date of publication by an
agency of general notice of proposed rulemaking for
a rule, the agency shall transmit to the Chief Coun-
sel for Advocacy of the Small Business Administra-
tion—
‘‘(A) a copy of the proposed rule; and
‘‘(B)(i) a copy of the initial regulatory
flexibility analysis for the rule if required under
section 603; or
‘‘(ii) a determination by the agency that an
initial regulatory flexibility analysis is not re-
quired for the proposed rule under section 603
and an explanation for the determination.
‘‘(2) STATEMENT OF OPPOSITION.—On or be-
fore the 15th day following receipt of a proposed
rule and initial regulatory flexibility analysis from an
agency under paragraph (1), the Chief Counsel for
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Advocacy may transmit to the agency a written
statement of opposition of the proposed rule.
‘‘(3) RESPONSE.—If the Chief Counsel for Ad-
vocacy transmits to an agency a statement of opposi-
tion to a proposed rule in accordance with para-
graph (2), the agency shall publish the statement,
together with the response of the agency to the
statement, in the Federal Register at the time of
publication of general notice of proposed rulemaking
for the rule.’’.
(b) CONFORMING AMENDMENT.—Section 603(a) of
title 5, United States Code, is amended by inserting ‘‘in
accordance with section 612(d)’’ before the period at the
end of the last sentence.
SEC. 5. SENSE OF CONGRESS REGARDING SBA CHIEF
COUNSEL FOR ADVOCACY.
It is the sense of Congress that the Chief Counsel
for Advocacy of the Small Business Administration should
be permitted to appear as amicus curiae in any action or
case brought in a court of the United States for the pur-
pose of reviewing a rule.
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