Publisher's Synopsis
Excerpt from Equal Access to Justice Act of 1979, S. 265
I might add, as we all know, there are a number of pieces of legisla tion being considered by the Congress in Washington which would deal with the agencies' side of this. We believe that your legislation, S. 265, would be only complementary and certainly not a substitute for this legislation. It's important to remember that it probably will be as effective, if not more effective, to attack the regulatory abuses here from Tucson and other cities in the country through individual action in the courts as well as attacking them through congressional over sight and scrutiny in Washington.
N F IB believes that it is essential that the individual businesses be able to defend themselves, and only in this way will we begin to regain the balance of power between Government and business that has been upset by the last few decades' growth of Government by regulation.
In summary, I would like to restate that we all know that small businesses are independent. They are not asking for any handouts. But the pressure brought by the growth of administrative Government is tremendous. The most immediate and effective way for a business to respond to that pressure is to challenge the agencies when they are wrong. The passage of S. 265 is essential to enable them to make this challenge.
Thank you, Senator. If you have any questions. I'd be happy to try and answer them.
Senator DE concini. I do, Mr. Swain. Thank you for your testimony. You made reference to public participation legislation that was known as S. 270 last year, and that now is known as S. 262 as your organiza tion may be aware of.
What would the attitude of your organization be if in fact the intervenor funding section of S. 262 were attached onto this bill for it to pass out?
What if that bill and our bill here passed as presented? I'm just trying to second-guess what might occur.
Mr. Swain. In all candor, Senator, I don't think our attitude would be very good. The concepts embodied in last year's S. 270 and part of S. 262 this year, regarding public participation, we are somewhat skeptical about. We are not entirely sure whether they will work. We have some problems whether they might only further delay the administrative process rather than expediting it.
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