HR 5977 IH
102d CONGRESS
2d Session
 H. R. 5977
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
SEPTEMBER 18, 1992
Mr. EWING (for himself, Mr. IRELAND, Mr. LAFALCE, Mr. SKELTON, Mr. RAMSTAD,
Mr. SKEEN, Mr. HASTERT, Mr. WEBER, Mr. ZELIFF, Mr. STEARNS, Mr. PORTER,
Mr. DELAY, Mr. HOLLOWAY, Mr. HANCOCK, Mr. BEREUTER, Mr. STUMP, Mr. HUNTER,
Mr. HEFLEY, Mr. FAWELL, Mr. SPENCE, Mr. RITTER, and Mr. DOOLITTLE) 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 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 1992'.
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  (a) IN GENERAL- Section 611 of title 5, United States Code, is repealed.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 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 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 15th 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.