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

103rd Congress, 1993–1994. Text as of Oct 06, 1994 (Introduced).

Status & Summary | PDF | Source: GPO

S 2521 IS

103d CONGRESS

2d Session

S. 2521

To amend chapter 6 of title 5, United States Code, to modify the judicial review of regulatory flexibility analyses, and for other purposes.

IN THE SENATE OF THE UNITED STATES

October 6 (legislative day, SEPTEMBER 12), 1994

Mr. WALLOP (for himself and Mr. PRESSLER) 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, to modify the judicial review of regulatory flexibility analyses, 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 1994’.

SEC. 2. JUDICIAL REVIEW OF REGULATORY FLEXIBILITY ANALYSES.

    (a) AMENDMENT- Section 611 of title 5, United States Code, is amended to read as follows:

‘Sec. 611. Judicial review

    ‘(a)(1) Except as provided in paragraph (2), not later than 1 year after the effective date of a final rule with respect to which an agency--

      ‘(A) certified, pursuant to section 605(b) of this title, that such rule would not have a significant economic impact on a substantial number of small entities; or

      ‘(B) prepared final regulatory flexibility analysis pursuant to section 604 of this title,

    an affected small entity may petition for the judicial review of such certification or analysis in accordance with the terms of this subsection. A court having jurisdiction to review such rule for compliance with the provisions of section 553 of this title or under any other provision of law shall have jurisdiction to review such certification or analysis.

    ‘(2)(A) Except as provided in subparagraph (B), in the case where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 1-year period provided in paragraph (1), such lesser period shall apply to a petition for the judicial review under this subsection.

    ‘(B) In the case where an agency delays the issuance of a final regulatory flexibility analysis pursuant to section 608(b) of this title, a petition for judicial review under this subsection shall be filed not later than--

      ‘(i) 1-year; or

      ‘(ii) in the case where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 1-year period provided in paragraph (1), the number of days specified in such provision of law,

    after the date the analysis is made available to the public.

    ‘(3) For purposes of this subsection, the term ‘affected small entity’ means a small entity that is or will be adversely affected by the final rule.

    ‘(4) Nothing in this subsection shall be construed to affect the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law.

    ‘(5)(A) In the case where the agency certified that such rule would not have a significant economic impact on a substantial number of small entities, the court may order the agency to prepare a final regulatory flexibility analysis pursuant to section 604 of this title if the court determines, on the basis of the rulemaking record, that the certification was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

    ‘(B) In the case where the agency prepared a final regulatory flexibility analysis, the court may order the agency to take corrective action consistent with the requirements of section 604 of this title if the court determines, on the basis of the rulemaking record, that the final regulatory flexibility analysis was prepared by the agency without observance of procedure required by section 604 of this title.

    ‘(6) If, by the end of the 90-day period beginning on the date of the order of the court pursuant to paragraph (5) (or such longer period as the court may provide), the agency fails, as appropriate--

      ‘(A) to prepare the analysis required by section 604 of this title; or

      ‘(B) to take corrective action consistent with the requirements of section 604 of this title,

    the court may stay the rule or grant such other relief as it deems appropriate.

    ‘(7) In making any determination or granting any relief authorized by this subsection, the court shall take due account of the rule of prejudicial error.

    ‘(b) In an action for the judicial review of a rule, any regulatory flexibility analysis for such rule (including an analysis prepared or corrected pursuant to subsection (a)(5)) shall constitute part of the whole record of agency action in connection with such review.

    ‘(c) Nothing in this section bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise provided by law.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of enactment of this Act, except that the judicial review authorized by section 611(a) of title 5, United States Code (as added by subsection (a)), shall apply only to final agency rules issued after the date of enactment of this Act.