[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 490 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 490

    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 SENATE OF THE UNITED STATES

                             March 3, 1993

   Mr. Hatch introduced the following bill; which was read twice and 
               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 Representatives 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''.

SEC. 2. JUDICIAL REVIEW.

    (a) In General.--Section 611 of title 5, United States Code, is 
repealed.
    (b) Conforming Amendment.--The table of sections 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 EFFECTS OF RULES.

    (a) In General.--Title 5, United States Code, is amended by 
inserting after section 610 the following new section:
``Sec. 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 substantial number of small entities, 
an agency shall consider both the direct and indirect effects of the 
rule.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 6 of title 5, United States Code, is amended by inserting 
after the item relating to section 610 the following:

``611. Consideration of direct and indirect effects of rules.''.

SEC. 4. RULES OPPOSED BY SBA CHIEF COUNSEL FOR ADVOCACY.

    (a) In General.--Section 612 of title 5, United States Code, is 
amended by adding at the end the following 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 thirtieth 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 Counsel for Advocacy of 
        the Small Business Administration--
                    ``(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 required 
                for the proposed rule under section 603 and an 
                explanation for the determination.
            ``(2) Statement of opposition.--On or before the fifteenth 
        day following receipt of a proposed rule and initial regulatory 
        flexibility analysis from an agency under paragraph (1), the 
        Chief Counsel for Advocacy may transmit to the agency a written 
        statement of opposition to the proposed rule.
            ``(3) Response.--If the Chief Counsel for Advocacy 
        transmits to an agency a statement of opposition to a proposed 
        rule in accordance with paragraph (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 purpose of reviewing a rule.

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