[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 426 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 426
To amend chapter 6 of title 5, United States Code (commonly known as
the Regulatory Flexibility Act), to ensure complete analysis of
potential impacts on small entities of rules, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2015
Ms. Ayotte introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend chapter 6 of title 5, United States Code (commonly known as
the Regulatory Flexibility Act), to ensure complete analysis of
potential impacts on small entities of rules, 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 ``Small Business Regulatory
Flexibility Improvements Act of 2015''.
SEC. 2. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE REGULATORY
FLEXIBILITY ACT.
(a) In General.--Paragraph (2) of section 601 of title 5, United
States Code, is amended to read as follows:
``(2) Rule.--The term `rule'--
``(A) has the meaning given such term in section
551(4); and
``(B) does not include--
``(i) a rule pertaining to the protection
of the rights of or benefits for veterans; or
``(ii) a rule of particular (and not
general) applicability relating to--
``(I) rates, wages, corporate or
financial structures or reorganizations
thereof, prices, facilities,
appliances, services, or allowances
therefor; or
``(II) valuations, costs or
accounting, or practices relating to
rates, wages, structures, prices,
facilities, appliances, services, or
allowances described in subclause
(I).''.
(b) Inclusion of Rules With Indirect Effects.--Section 601 of title
5, United States Code, is amended by adding at the end the following:
``(9) Economic impact.--The term `economic impact' means,
with respect to a proposed or final rule--
``(A) any direct economic effect on small entities
of the rule; and
``(B) any indirect economic effect (including
compliance costs and effects on revenue) on small
entities which is reasonably foreseeable and results
from the rule (without regard to whether small entities
will be directly regulated by the rule).''.
(c) Inclusion of Rules With Beneficial Effects.--
(1) Initial regulatory flexibility analysis.--Section
603(c) of title 5, United States Code, is amended by striking
the first sentence and inserting ``Each initial regulatory
flexibility analysis shall also contain a detailed description
of alternatives to the proposed rule which minimize any adverse
significant economic impact or maximize any beneficial
significant economic impact on small entities.''.
(2) Final regulatory flexibility analysis.--Section 604(a)
of title 5, United States Code, is amended, in the first
paragraph designated as paragraph (6) (relating to minimization
of significant economic impacts), by striking ``minimize the
significant economic impact'' and inserting ``minimize the
adverse significant economic impact or maximize the beneficial
significant economic impact''.
(d) Inclusion of Rules Affecting Tribal Organizations.--Section
601(5) of title 5, United States Code, is amended by striking ``special
districts,'' and inserting ``special districts and tribal organizations
(as defined in section 4(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(l)))''.
(e) Inclusion of Land Management Plans and Formal Rulemaking.--
(1) Initial regulatory flexibility analysis.--Section
603(a) of title 5, United States Code, is amended in the first
sentence--
(A) by striking ``or'' after ``proposed rule,'';
and
(B) by inserting ``or publishes a revision or
amendment to a land management plan,'' after ``United
States,''.
(2) Final regulatory flexibility analysis.--Section 604(a)
of title 5, United States Code, is amended in the first
sentence--
(A) by striking ``or'' after ``proposed
rulemaking,''; and
(B) by inserting ``or adopts a revision or
amendment to a land management plan,'' after ``section
603(a),''.
(3) Land management plan defined.--Section 601 of title 5,
United States Code, as amended by subsection (b), is amended by
adding at the end the following:
``(10) Land management plan.--
``(A) In general.--The term `land management plan'
means--
``(i) any plan developed by the Secretary
of Agriculture under section 6 of the Forest
and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604); and
``(ii) any plan developed by the Secretary
of the Interior under section 202 of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712).
``(B) Revision.--The term `revision', relating to a
land management plan, means any change that--
``(i) in the case of a plan described in
subparagraph (A)(i), is made under section
6(f)(5) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)); or
``(ii) in the case of a plan described in
subparagraph (A)(ii), is made under section
1610.5-6 of title 43, Code of Federal
Regulations (or any successor regulation).
``(C) Amendment.--The term `amendment', relating to
a land management plan, means any change that--
``(i) in the case of a plan described in
subparagraph (A)(i), is made under section
6(f)(4) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1604(f)(4)) and with respect to which the
Secretary of Agriculture prepares a statement
described in section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)); or
``(ii) in the case of a plan described in
subparagraph (A)(ii), is made under section
1610.5-5 of title 43, Code of Federal
Regulations (or any successor regulation) and
with respect to which the Secretary of the
Interior prepares a statement described in
section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.
(f) Inclusion of Certain Interpretive Rules Involving the Internal
Revenue Laws.--
(1) In general.--Section 603(a) of title 5, United States
Code, is amended by striking the period at the end and
inserting ``or a recordkeeping requirement, and without regard
to whether such requirement is imposed under the internal
revenue laws directly or under the interpretative rules.''.
(2) Collection of information.--Paragraph (7) of section
601 of title 5, United States Code, is amended to read as
follows:
``(7) Collection of information.--The term `collection of
information' has the meaning given such term in section 3502(3)
of title 44.''.
(3) Recordkeeping requirement.--Paragraph (8) of section
601 of title 5, United States Code, is amended to read as
follows:
``(8) Recordkeeping requirement.--The term `recordkeeping
requirement' has the meaning given such term in section
3502(13) of title 44.''.
(g) Definition of Small Organization.--Paragraph (4) of section 601
of title 5, United States Code, is amended to read as follows:
``(4) Small organization.--
``(A) In general.--The term `small organization'
means any nonprofit enterprise which, as of the
issuance of the notice of proposed rulemaking--
``(i) in the case of an enterprise which is
described by a classification code of the North
American Industrial Classification System, does
not exceed the size standard established by the
Administrator of the Small Business
Administration pursuant to section 3 of the
Small Business Act (15 U.S.C. 632) for small
business concerns described by such
classification code; and
``(ii) in the case of any other
enterprise--
``(I) has a net worth that does not
exceed $7,000,000; and
``(II) has not more than 500
employees.
``(B) Local labor organizations.--In the case of
any local labor organization (as defined in section 2
of the National Labor Relations Act (29 U.S.C. 152)),
subparagraph (A) shall be applied without regard to any
national or international organization of which such
local labor organization is a part.
``(C) Agency definitions.--Subparagraphs (A) and
(B) shall not apply to the extent that an agency, after
consultation with the Office of Advocacy of the Small
Business Administration and after opportunity for
public comment--
``(i) establishes 1 or more definitions for
the term `small organization' which are
appropriate to the activities of the agency;
and
``(ii) publishes such definitions in the
Federal Register.''.
SEC. 3. EXPANSION OF REPORT OF REGULATORY AGENDA.
Section 602 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``, and'' at the
end and inserting ``;'';
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following:
``(3) a brief description of the sector of the North
American Industrial Classification System that is primarily
affected by any rule which the agency expects to propose or
promulgate which is likely to have a significant economic
impact on a substantial number of small entities; and''; and
(2) by striking subsection (c) and inserting the following:
``(c) Not later than 3 days after the date on which an agency
publishes a regulatory flexibility agenda under subsection (a) in the
Federal Register--
``(1) the agency shall prominently display a plain language
summary of the information contained in the regulatory
flexibility agenda on the website of the agency; and
``(2) the Office of Advocacy of the Small Business
Administration shall prominently display a plain language
summary of the regulatory agenda on the website of the Office,
as part of a compilation of such summaries.''.
SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.
(a) Initial Regulatory Flexibility Analysis.--Subsection (b) of
section 603 of title 5, United States Code, is amended to read as
follows:
``(b) Each initial regulatory flexibility analysis required under
this section shall contain a detailed statement--
``(1) describing the reasons why action by the agency is
being considered;
``(2) describing the objectives of, and legal basis for,
the proposed rule;
``(3) estimating the number and type of small entities to
which the proposed rule will apply;
``(4) describing the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule,
including an estimate of the classes of small entities which
will be subject to the requirement and the type of professional
skills necessary for preparation of the report and record;
``(5) describing all relevant Federal rules which may
duplicate, overlap, or conflict with the proposed rule, or the
reasons why such a description could not be provided;
``(6) estimating the additional cumulative economic impact
of the proposed rule on small entities beyond that already
imposed on the class of small entities by the agency or why
such an estimate is not available;
``(7) describing any disproportionate economic impact on
small entities or a specific class of small entities; and
``(8) describing any impairment of the ability of small
entities to have access to credit.''.
(b) Final Regulatory Flexibility Analysis.--
(1) In general.--Section 604(a) of title 5, United States
Code, is amended--
(A) in paragraph (4), by striking ``an
explanation'' and inserting ``a detailed explanation'';
(B) in each of paragraphs (4), (5), and the first
paragraph designated as paragraph (6) (relating to
minimization of significant economic impacts), by
inserting ``detailed'' before ``description'';
(C) in the first paragraph designated as paragraph
(6) (relating to minimization of significant economic
impacts), by striking ``and'' at the end;
(D) in the second paragraph (6), by striking the
period and inserting ``; and'';
(E) by redesignating the second paragraph
designated as paragraph (6) (relating to covered
agencies) as paragraph (7); and
(F) by adding at the end the following:
``(8) a detailed description of any disproportionate
economic impact on small entities or a specific class of small
entities.''.
(2) Inclusion of response to comments on certification of
proposed rule.--Section 604(a)(2) of title 5, United States
Code, is amended by inserting ``(or certification of the
proposed rule under section 605(b))'' after ``initial
regulatory flexibility analysis''.
(3) Publication of analysis on website.--Subsection (b) of
section 604 of title 5, United States Code, is amended to read
as follows:
``(b) An agency shall--
``(1) make copies of each final regulatory flexibility
analysis available to the public, including placement of the
entire analysis on the website of the agency; and
``(2) publish in the Federal Register the final regulatory
flexibility analysis, or a summary thereof which includes the
telephone number, mailing address, and link to the website
where the complete analysis may be obtained.''.
(c) Cross-References to Other Analyses.--Subsection (a) of section
605 of title 5, United States Code, is amended to read as follows:
``(a) An agency shall be considered to have satisfied any
requirement regarding the content of an agenda or regulatory
flexibility analysis under section 602, 603, or 604, if the agency
provides in the agenda or analysis a cross-reference to the specific
portion of another agenda or analysis which is required by any other
law and which satisfies the requirement.''.
(d) Certifications.--Section 605(b) of title 5, United States Code,
is amended--
(1) by inserting ``detailed'' before ``statement'' the
first place it appears; and
(2) by inserting ``and legal'' after ``factual''.
(e) Quantification Requirements.--Section 607 of title 5, United
States Code, is amended to read as follows:
``Sec. 607. Quantification requirements
``In complying with sections 603 and 604, an agency shall provide--
``(1) a quantifiable or numerical description of the
effects of the proposed or final rule and alternatives to the
proposed or final rule; or
``(2) a more general descriptive statement and a detailed
statement explaining why quantification is not practicable or
reliable.''.
SEC. 5. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDITIONAL POWERS OF THE
CHIEF COUNSEL FOR ADVOCACY.
(a) In General.--Section 608 of title 5, United States Code, is
amended to read as follows:
``Sec. 608. Additional powers of Chief Counsel for Advocacy
``(a) Rules Governing Agency Compliance.--
``(1) In general.--Not later than 270 days after the date
of the enactment of the Small Business Regulatory Flexibility
Improvements Act of 2015, the Chief Counsel for Advocacy of the
Small Business Administration shall, after opportunity for
notice and comment under section 553, issue rules governing
agency compliance with this chapter. The Chief Counsel may
modify or amend such rules after notice and comment under
section 553. This chapter (other than this subsection) shall
not apply with respect to the issuance, modification, and
amendment of rules under this paragraph.
``(2) Limitation on supplemental rules.--An agency may not
issue rules which supplement the rules issued under paragraph
(1) unless the agency has first consulted with the Chief
Counsel for Advocacy to ensure that the supplemental rules
comply with this chapter and the rules issued under paragraph
(1).
``(b) Intervention.--
``(1) In general.--Notwithstanding any other provision of
law, the Chief Counsel for Advocacy of the Small Business
Administration may intervene in any agency adjudication (unless
such agency is authorized to impose a fine or penalty under
such adjudication), and may inform the agency of the impact
that any decision on the record may have on small entities.
``(2) Limitation.--The Chief Counsel shall not initiate an
appeal with respect to any adjudication in which the Chief
Counsel intervenes under this subsection.
``(c) Response to Agency Notices.--The Chief Counsel for Advocacy
may file comments in response to any agency notice requesting comment,
regardless of whether the agency is required to file a general notice
of proposed rulemaking under section 553.''.
(b) Conforming Amendments.--Section 611(a) of title 5, United
States Code, is amended--
(1) in paragraph (1), by striking ``608(b),'';
(2) in paragraph (2), by striking ``608(b),''; and
(3) in paragraph (3)--
(A) by striking subparagraph (B); and
(B) by striking ``(3)(A) A small entity'' and
inserting ``(3) A small entity''.
SEC. 6. PROCEDURES FOR GATHERING COMMENTS.
Section 609 of title 5, United States Code, is amended--
(1) in subsection (a), by inserting ``In General.--''
before ``When any rule is promulgated''; and
(2) by striking subsection (b) and all that follows and
inserting the following:
``(b) Information to Chief Counsel.--
``(1) In general.--Before publishing a proposed rule
described in subsection (e), the agency issuing the rule shall
notify the Chief Counsel for Advocacy of the Small Business
Administration and provide the Chief Counsel with--
``(A) all materials prepared or used by the agency
in preparing the proposed rule, including the draft of
the proposed rule; and
``(B) information on the potential adverse and
beneficial economic impacts of the proposed rule on
small entities and the type of small entities that
might be affected.
``(2) Exception.--An agency shall not be required under
paragraph (1) to provide the exact language of any draft if--
``(A) the rule relates to the internal revenue laws
of the United States; or
``(B) the agency issuing the rule is an independent
regulatory agency (as defined in section 3502(5) of
title 44).
``(c) Chief Counsel Action.--Not later than 15 days after the
receipt of materials and information under subsection (b), the Chief
Counsel for Advocacy of the Small Business Administration shall--
``(1) identify small entities or representatives of small
entities or a combination of both for the purpose of obtaining
advice, input, and recommendations from those persons about--
``(A) the potential economic impacts of the
proposed rule; and
``(B) the compliance of the agency with section
603; and
``(2) convene a review panel to review the materials and
information provided to the Chief Counsel under subsection (b),
which shall consist of--
``(A) an employee from the Office of Advocacy of
the Small Business Administration;
``(B) an employee from the agency issuing the rule;
and
``(C) in the case of an agency other than an
independent regulatory agency (as defined in section
3502(5) of title 44), an employee from the Office of
Information and Regulatory Affairs of the Office of
Management and Budget.
``(d) Report.--
``(1) In general.--Not later than 60 days after the review
panel described in subsection (c)(2) is convened, the Chief
Counsel for Advocacy of the Small Business Administration
shall, after consultation with the members of the review panel,
submit a report to--
``(A) the agency; and
``(B) in the case of an agency other than an
independent regulatory agency (as defined in section
3502(5) of title 44), the Office of Information and
Regulatory Affairs of the Office of Management and
Budget.
``(2) Contents.--Each report under paragraph (1) shall
include--
``(A) an assessment of the economic impact of the
proposed rule on small entities, including an
assessment of the proposed rule's impact on the cost
that small entities pay for energy;
``(B) an assessment of the impact of the proposed
rule on start-up costs for small entities; and
``(C) a discussion of any alternatives that will
minimize adverse significant economic impacts or
maximize beneficial significant economic impacts on
small entities.
``(3) Treatment of reports.--Each report under paragraph
(1) shall become part of the rulemaking record. In the
publication of the proposed rule, the agency shall explain what
actions, if any, the agency took in response to the report.
``(e) Rules Covered.--A proposed rule described in this subsection
is a proposed rule that the Administrator of the Office of Information
and Regulatory Affairs of the Office of Management and Budget, the head
of the agency, or an independent regulatory agency determines is likely
to result in--
``(1) an annual effect on the economy of $100,000,000 or
more;
``(2) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local governments,
tribal organizations, or geographic regions;
``(3) significant adverse effects on competition,
employment, investment, productivity, innovation, or on the
ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets; or
``(4) a significant economic impact on a substantial number
of small entities.
``(f) Waiver Authority.--Upon application by an agency, the Chief
Counsel for Advocacy of the Small Business Administration may waive the
requirements of subsections (b) through (e) if the Chief Counsel
determines that compliance with the requirements of such subsections
are impracticable, unnecessary, or contrary to the public interest.
``(g) Requests for Reports.--
``(1) In general.--A small entity or a representative of a
small entity may submit a request that the agency provide a
copy of the report prepared under subsection (d) and all
materials and information provided to the Chief Counsel for
Advocacy of the Small Business Administration under subsection
(b).
``(2) Production.--Not later than 10 business days after
receiving a request under paragraph (1), an agency shall
provide the report, materials, and information requested to the
small entity or representative of a small entity making the
request, except that the agency shall not disclose any
information that is prohibited from disclosure to the public
pursuant to section 552(b).''.
SEC. 7. PERIODIC REVIEW OF RULES.
Section 610 of title 5, United States Code, is amended to read as
follows:
``Sec. 610. Periodic review of rules
``(a) Definitions.--In this section--
``(1) the term `covered rule' means a rule issued by an
agency that the head of the agency determines has a significant
economic impact on a substantial number of small entities,
which shall be determined without regard to whether the agency
performed an analysis under section 604; and
``(2) the term `plan' means a plan for the periodic review
of covered rules developed under subsection (b)(1).
``(b) Development of Plan for Periodic Review.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Small Business Regulatory Flexibility
Improvements Act of 2015, each agency shall develop, publish in
the Federal Register, and place on the website of the agency a
plan for the periodic review of the covered rules of the
agency.
``(2) Purpose.--The purpose of a plan shall be to determine
whether the covered rules of the agency should be continued
without change, or should be amended or rescinded, consistent
with the stated objectives of applicable statutes, to minimize
any adverse significant economic impacts or maximize any
beneficial significant economic impacts on a substantial number
of small entities.
``(3) Revisions.--A plan may be amended by an agency at any
time by publishing the revision in the Federal Register and
placing the amended plan on the website of the agency.
``(c) Plan Requirements.--
``(1) Deadlines.--A plan shall--
``(A) except as provided in paragraph (2), provide
for the review of all covered rules of the agency in
effect on the date of the enactment of the Small
Business Regulatory Flexibility Improvements Act of
2015 by not later than 10 years after the date of
publication of the initial plan in the Federal
Register; and
``(B) provide for the review of each covered rule
of the agency adopted after the date of enactment of
the Small Business Regulatory Flexibility Improvements
Act of 2015 by not later than 10 years after the date
of publication of the final rule in the Federal
Register.
``(2) Extension of initial deadline.--If the head of an
agency determines that completion of the review of covered
rules described in paragraph (1)(A) is not feasible by date
described in such paragraph, not later than the date described
in such paragraph, the head of the agency--
``(A) shall publish in the Federal Register and
submit to Congress and the Chief Counsel for Advocacy a
statement certifying the determination of the head of
the agency; and
``(B) may extend the period for completing the
review for not longer than 2 years after publication of
notice of extension in the Federal Register.
``(d) Inclusion of Small Businesses.--A plan shall detail how an
agency will--
``(1) conduct outreach to and meaningfully include small
businesses (including small business concerns owned and
controlled by women, small business concerns owned and
controlled by veterans, and small business concerns owned and
controlled by socially and economically disadvantaged
individuals (as such terms are defined in the Small Business
Act (15 U.S.C. 631 et seq.))) for the purposes of carrying out
this section; and
``(2) contact small businesses and gather their input on
covered rules of the agency.
``(e) Reporting.--Each agency shall annually submit to Congress,
the Chief Counsel for Advocacy of the Small Business Administration,
and, in the case of agencies other than independent regulatory agencies
(as defined in section 3502(5) of title 44) to the Administrator of the
Office of Information and Regulatory Affairs of the Office of
Management and Budget a report regarding the results of the review of
the agency under the plan of the agency, which shall include the
identification of any covered rule with respect to which the head of
the agency made a determination described in subparagraph (E) or (F) of
subsection (f)(2) and a detailed explanation of the reasons for such
determination.
``(f) Amendment or Recession of Rules.--
``(1) In general.--In reviewing a covered rule under
subsections (b) through (e), an agency shall amend or rescind
the covered rule to minimize any adverse significant economic
impact on a substantial number of small entities or
disproportionate economic impact on a specific class of small
entities, or maximize any beneficial significant economic
impact of the rule on a substantial number of small entities to
the greatest extent possible, consistent with the stated
objectives of applicable statutes.
``(2) Factors.--In amending or rescinding a covered rule,
an agency shall consider--
``(A) the continued need for the covered rule;
``(B) the nature of complaints received by the
agency from small entities concerning the covered rule;
``(C) comments by the Regulatory Enforcement
Ombudsman and the Chief Counsel for Advocacy of the
Small Business Administration;
``(D) the complexity of the covered rule;
``(E) the extent to which the covered rule
overlaps, duplicates, or conflicts with other Federal
rules and, unless the head of the agency determines it
to be infeasible, State, territorial, and local rules;
``(F) the contribution of the covered rule to the
cumulative economic impact of all Federal rules on the
class of small entities affected by the covered rule,
unless the head of the agency determines that such
calculations cannot be made and includes a discussion
of that determination in the annual report required
under subsection (e); and
``(G) the length of time since the covered rule has
been evaluated or the degree to which technology,
economic conditions, or other factors have changed in
the area affected by the covered rule.
``(g) Rules To Be Reviewed.--Each year, each agency shall--
``(1) publish in the Federal Register and on the website of
the agency a list of covered rules to be reviewed pursuant to
the plan of the agency, which shall include--
``(A) a solicitation of public comments on any
further inclusions or exclusions of rules from the
list; and
``(B) a brief description of--
``(i) the covered rule; and
``(ii) the reason why the agency determined
that the covered rule has a significant
economic impact on a substantial number of
small entities;
``(2) request comments from the public, the Chief Counsel
for Advocacy of the Small Business Administration, and the
Regulatory Enforcement Ombudsman concerning the enforcement of
the covered rule; and
``(3) respond to any comments received under paragraph (1)
or (2).''.
SEC. 8. JUDICIAL REVIEW OF COMPLIANCE WITH THE REQUIREMENTS OF THE
REGULATORY FLEXIBILITY ACT AVAILABLE AFTER PUBLICATION OF
THE FINAL RULE.
(a) In General.--Section 611(a) of title 5, United States Code, is
amended--
(1) in paragraph (1), by striking ``final agency action''
and inserting ``such rule'';
(2) in paragraph (2), by inserting ``(or which would have
such jurisdiction if publication of the final rule constituted
final agency action)'' after ``provision of law,''; and
(3) in paragraph (3)--
(A) by striking ``final agency action'' the first
place it appears and inserting ``publication of the
final rule''; and
(B) by inserting ``, in the case of a rule for
which the date of final agency action is the same date
as the publication of the final rule,'' after ``except
that''.
(b) Intervention by Chief Counsel for Advocacy.--Section 612(b) of
title 5, United States Code, is amended by inserting before the first
period ``or agency compliance with section 601, 603, 604, 605(b), 609,
or 610''.
SEC. 9. JURISDICTION OF COURT OF APPEALS OVER RULES IMPLEMENTING THE
REGULATORY FLEXIBILITY ACT.
(a) In General.--Section 2342 of title 28, United States Code, is
amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (7) the following:
``(8) all final rules under section 608(a) of title 5.''.
(b) Conforming Amendments.--Section 2341(3) of title 28, United
States Code, is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) the Office of Advocacy of the Small Business
Administration, when the final rule is under section
608(a) of title 5.''.
(c) Authorization To Intervene and Comment on Agency Compliance
With Administrative Procedure.--Section 612(b) of title 5, United
States Code, is amended, in the second sentence, by inserting ``chapter
5, and chapter 7,'' after ``this chapter,''.
SEC. 10. ESTABLISHMENT AND APPROVAL OF SMALL BUSINESS CONCERN SIZE
STANDARDS BY CHIEF COUNSEL FOR ADVOCACY.
(a) In General.--Subparagraph (A) of section 3(a)(2) of the Small
Business Act (15 U.S.C. 632(a)(2)) is amended to read as follows:
``(A) In general.--In addition to the criteria
specified in paragraph (1)--
``(i) the Administrator may specify
detailed definitions or standards by which a
business concern may be determined to be a
small business concern for purposes of this Act
or the Small Business Investment Act of 1958;
and
``(ii) the Chief Counsel for Advocacy may
specify such definitions or standards for
purposes of any other Act.''.
(b) Approval by Chief Counsel.--Clause (iii) of section 3(a)(2)(C)
of the Small Business Act (15 U.S.C. 632(a)(2)(C)) is amended to read
as follows:
``(iii) is approved--
``(I) by the Administrator; or
``(II) in the case of a size
standard that is not prescribed by the
Administrator, by the Chief Counsel for
Advocacy.''.
(c) Industry Variation.--Section 3(a)(3) of the Small Business Act
(15 U.S.C. 632(a)(3)) is amended--
(1) by inserting ``or Chief Counsel for Advocacy, as
appropriate,'' before ``shall ensure''; and
(2) by inserting ``or Chief Counsel for Advocacy'' before
the period at the end.
(d) Judicial Review of Size Standards Approved by Chief Counsel.--
Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by
adding at the end the following new paragraph:
``(9) Judicial review of standards approved by chief
counsel.--In the case of an action for judicial review of a
rule which includes a definition or standard approved by the
Chief Counsel for Advocacy under this subsection, the party
seeking such review shall be entitled to join the Chief Counsel
as a party in such action.''.
SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Definitions.--Section 601 of title 5, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking
``this chapter--'' and inserting ``this chapter:'';
(2) in paragraph (1)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(1) the term'' and inserting
``(1) Agency.--The term'';
(3) in paragraph (3)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(3) the term'' and inserting
``(3) Small business.--The term'';
(4) in paragraph (5)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(5) the term'' and inserting
``(5) Small governmental jurisdiction.--The term'';
(5) in paragraph (6)--
(A) by striking ``; and'' and inserting a period;
and
(B) by striking ``(6) the term'' and inserting
``(6) Small entity.--The term''; and
(6) by adding at the end the following:
``(11) Covered agency.--The term `covered agency' means--
``(A) the Environmental Protection Agency;
``(B) the Consumer Financial Protection Bureau of
the Federal Reserve System; and
``(C) the Occupational Safety and Health
Administration of the Department of Labor.''.
(b) Incorporations by Reference and Certifications.--Section 605 of
title 5, United States Code, is amended, in the heading, by striking
``Avoidance of duplicative or unnecessary analyses'' and inserting
``Incorporations by reference and certifications''.
(c) Table of Sections.--The table of sections for chapter 6 of
title 5, United States Code, is amended--
(1) by striking the item relating to section 605 and
inserting the following:
``605. Incorporations by reference and certifications.'';
(2) by striking the item relating to section 607 and
inserting the following:
``607. Quantification requirements.'';
and
(3) by striking the item relating to section 608 and
inserting the following:
``608. Additional powers of Chief Counsel for Advocacy.''.
(d) Other Conforming Amendments.--
(1) Section 603(d) title 5, United States Code, is
amended--
(A) by striking paragraph (2);
(B) by striking ``(1) For a covered agency, as
defined in section 609(d)(2),'' and inserting ``For a
covered agency,'';
(C) by striking ``(A) any'' and inserting ``(1)
any'';
(D) by striking ``(B) any'' and inserting ``(2)
any''; and
(E) by striking ``(C) advice'' and inserting ``(3)
advice''.
(2) Section 604(a)(7) of title 5, United States Code, as
redesignated by section 4(b)(1)(E), is amended by striking ``,
as defined in section 609(d)(2),''
SEC. 12. AGENCY PREPARATION OF GUIDES.
Section 212(a)(5) the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) is amended to read as follows:
``(5) Agency preparation of guides.--The agency shall, in
its sole discretion, taking into account the subject matter of
the rule and the language of relevant statutes, ensure that the
guide is written using sufficiently plain language likely to be
understood by affected small entities. Agencies may prepare
separate guides covering groups or classes of similarly
affected small entities and may cooperate with associations of
small entities to distribute such guides. In developing guides,
agencies shall solicit input from affected small entities or
associations of affected small entities. An agency may prepare
guides and apply this section with respect to a rule or a group
of related rules.''.
SEC. 13. COMPTROLLER GENERAL REPORT.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General of the United States shall complete and publish a
study that examines whether the Chief Counsel for Advocacy of the Small
Business Administration has the capacity and resources to carry out the
duties of the Chief Counsel under this Act and the amendments made by
this Act.
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