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.
Regulatory Flexibility Amendments Act of 1995 - Revises Federal provisions regarding judicial review of regulatory flexibility analyses.
Authorizes an affected small entity to petition for judicial review 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.
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 to stay the rule or grant such other relief as appropriate 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.
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.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2066-2067)
Read twice and referred to the Committee on Judiciary.
Sponsor introductory remarks on measure. (CR S2079-2081)
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