S. 2521 (103rd): Regulatory Flexibility Amendments Act of 1994

Introduced:
Oct 06, 1994 (103rd Congress, 1993–1994)
Sponsor:
Sen. Malcolm Wallop [R-WY]
Status:
Died (Referred to Committee)

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


10/6/1994--Introduced.
Regulatory Flexibility Amendments Act of 1994 - Revises Federal provisions regarding judicial review of regulatory flexibility analyses.
Authorizes an affected small entity, within one year after the effective date of a final rule which an agency certified would not have a significant economic impact on a substantial number of small entities or for which an agency prepared a final regulatory flexibility analysis, to petition for judicial review.
Specifies that where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the one-year period, such lesser period shall apply to a petition for judicial review.
Requires that, where an agency delays the issuance of a final regulatory flexibility analysis, a petition for judicial review shall be filed not later than:
(1) one year after the date the analysis is made available to the public; or
(2) a lesser number of days specified by a provision of law that requires that an action challenging a final agency regulation be commenced before the expiration of such one-year period.
Authorizes the court, where the agency:
(1) certified that such rule would not have a significant economic impact on a substantial number of small entities, to order the agency to prepare a final regulatory flexibility analysis if the court determines that the certification was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; and
(2) prepared a final regulatory flexibility analysis, to order the agency to take corrective action if the court determines that the analysis was prepared without observance of proper procedure.
Authorizes the court, if by the end of the 90-day period beginning on the date of the court order (or such longer period as the court may provide) the agency fails to prepare the required analysis or to take corrective action, to stay the rule or grant such other relief as appropriate.
Specifies that:
(1) in an action for the judicial review of a rule, any analysis for such rule shall constitute part of the whole record of agency action; and
(2) nothing in this Act bars judicial review of any other impact statement or similar analysis required by law.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

  • Title 5: GOVERNMENT ORGANIZATION AND EMPLOYEES
  • Part I: THE AGENCIES GENERALLY
  • Chapter 6: THE ANALYSIS OF REGULATORY FUNCTIONS
  • Section 611: Judicial review

Other Citations

  • 5 U.S.C. Chapter 6