[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 165 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 165

    To amend chapter 6 of title 5, United States Code, relating to 
                    regulatory flexibility analysis.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

  Mr. Wallop introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend chapter 6 of title 5, United States Code, relating to 
                    regulatory flexibility analysis.

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

                              definitions

    Section 1. Section 601 of title 5, United States Code, is amended--
            (1) in paragraph (2) by inserting ``any rule of the 
        Internal Revenue Service'' before ``or any other law, 
        including'';
            (2) in paragraph (5) by striking out ``and'' at the end 
        thereof;
            (3) in paragraph (6) by striking out the period and 
        inserting in lieu thereof a semicolon and ``and''; and
            (4) by adding at the end thereof the following new 
        paragraph:
            ``(7) the term `impact' means effects of a proposed or 
        final rule which an agency can anticipate at the time of 
        publication, and includes those effects which are directly and 
        indirectly imposed by the proposed or final rule and are 
        beneficial and negative.''.

                initial regulatory flexibility analysis

    Sec. 2. Section 603 of title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the first sentence by inserting ``as defined 
                under section 601(2)'' after ``any proposed rule''; and
                    (B) in the second sentence by striking out ``the 
                impact'' and inserting in lieu thereof ``both the 
                direct and indirect impacts'';
            (2) in subsection (b)(3) by striking out ``apply'' and 
        inserting in lieu thereof ``directly apply and an estimate of 
        the number of small entities to which the rule will indirectly 
        apply''; and
            (3) in subsection (c) in the first sentence by inserting 
        before the period ``either directly or indirectly effected''.

                 final regulatory flexibility analysis

    Sec. 3. Section 604(a) of title 5, United States Code, is amended 
in the first sentence by striking out ``under section 553 of this 
title, after being required by that section or any other law to publish 
a general notice of proposed rulemaking'' and inserting in lieu thereof 
``as defined under section 610(2)''.

                            judicial review

    Sec. 4. Section 611(b) of title 5, United States Code, is amended 
in the second sentence by inserting ``or a decision made by the head of 
the agency under section 605(b),'' after ``regulatory flexibility 
analysis''.

                                 <all>