I 

112TH CONGRESS 

1ST SESSION H. R. 527 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2011 

Mr. SMITH of Texas (for himself, Mr. GRAVES of Missouri, and Mr. COBLE) 

introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Regulatory Flexibility Improvements Act of 2011’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Clarification and expansion of rules covered by the Regulatory Flexibility Act. 

Sec. 3. Requirements providing for more detailed analyses. 

Sec. 4. Repeal of waiver and delay authority; additional powers of the Chief 

Counsel for Advocacy. 

Sec. 5. Procedures for gathering comments. 

Sec. 6. Periodic review of rules. 

Sec. 7. Judicial review of compliance with the requirements of the Regulatory 

Flexibility Act available after publication of the final rule. 

Sec. 8. Jurisdiction of court of appeals over rules implementing the Regulatory 

Flexibility Act. 

Sec. 9. Clerical amendments. 

3 SEC. 2. CLARIFICATION AND EXPANSION OF RULES COV4 ERED BY THE REGULATORY FLEXIBILITY 

5 ACT. 

6 (a) IN GENERAL.—Paragraph (2) of section 601 of 

7 title 5, United States Code, is amended to read as follows: 

8 ‘‘(2) RULE.—The term ‘rule’ has the meaning 

9 given such term in section 551(4) of this title, ex10 cept that such term does not include a rule of par11 ticular (and not general) applicability relating to 

12 rates, wages, corporate or financial structures or re13 organizations thereof, prices, facilities, appliances, 

14 services, or allowances therefor or to valuations, 

15 costs or accounting, or practices relating to such 

16 rates, wages, structures, prices, appliances, services, 

17 or allowances.’’. 

18 (b) INCLUSION OF RULES WITH INDIRECT EF19 FECTS.—Section 601 of title 5, United States Code, is 


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1 amended by adding at the end the following new para2 graph: 

3 ‘‘(9) ECONOMIC IMPACT.—The term ‘economic 

4 impact’ means, with respect to a proposed or final 

5 rule— 

6 ‘‘(A) any direct economic effect on small 

7 entities of such rule; and 

8 ‘‘(B) any indirect economic effect on small 

9 entities which is reasonably foreseeable and re10 sults from such rule (without regard to whether 

11 small entities will be directly regulated by the 

12 rule).’’. 

13 (c) INCLUSION OF RULES WITH BENEFICIAL EF14 FECTS.— 

15 (1) INITIAL REGULATORY FLEXIBILITY ANAL16 YSIS.—Subsection (c) of section 603 of title 5, 

17 United States Code, is amended by striking the first 

18 sentence and inserting ‘‘Each initial regulatory flexi19 bility analysis shall also contain a detailed descrip20 tion of alternatives to the proposed rule which mini21 mize any adverse significant economic impact or 

22 maximize any beneficial significant economic impact 

23 on small entities.’’. 

24 (2) FINAL REGULATORY FLEXIBILITY ANAL25 YSIS.—The first paragraph (6) of section 604(a) of 


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1 title 5, United States Code, is amended by striking 

2 ‘‘minimize the significant economic impact’’ and in3 serting ‘‘minimize the adverse significant economic 

4 impact or maximize the beneficial significant eco5 nomic impact’’. 

6 (d) INCLUSION OF RULES AFFECTING TRIBAL ORGA7 NIZATIONS.—Paragraph (5) of section 601 of title 5, 

8 United States Code, is amended by inserting ‘‘and tribal 

9 organizations (as defined in section 4(l) of the Indian Self10 Determination and Education Assistance Act (25 U.S.C. 

11 450b(l))),’’ after ‘‘special districts,’’. 

12 (e) INCLUSION OF LAND MANAGEMENT PLANS AND

13 FORMAL RULEMAKING.— 

14 (1) INITIAL REGULATORY FLEXIBILITY ANAL15 YSIS.—Subsection (a) of section 603 of title 5, 

16 United States Code, is amended in the first sen17 tence— 

18 (A) by striking ‘‘or’’ after ‘‘proposed 

19 rule,’’; and 

20 (B) by inserting ‘‘or publishes a revision or 

21 amendment to a land management plan,’’ after 

22 ‘‘United States,’’. 

23 (2) FINAL REGULATORY FLEXIBILITY ANAL24 YSIS.—Subsection (a) of section 604 of title 5, 


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1 United States Code, is amended in the first sen2 tence— 

3 (A) by striking ‘‘or’’ after ‘‘proposed rule4 making,’’; and 

5 (B) by inserting ‘‘, or adopts a revision or 

6 amendment to a land management plan,’’ after 

7 ‘‘section 603(a),’’. 

8 (3) LAND MANAGEMENT PLAN DEFINED.—Sec9 tion 601 of title 5, United States Code, is amended 

10 by adding at the end the following new paragraph: 

11 ‘‘(10) LAND MANAGEMENT PLAN.— 

12 ‘‘(A) IN GENERAL.—The term ‘land man13 agement plan’ means— 

14 ‘‘(i) any plan developed by the Sec15 retary of Agriculture under section 6 of 

16 the Forest and Rangeland Renewable Re17 sources Planning Act of 1974 (16 U.S.C. 

18 1604); and 

19 ‘‘(ii) any plan developed by the Sec20 retary of Interior under section 202 of the 

21 Federal Land Policy and Management Act 

22 of 1976 (43 U.S.C. 1712). 

23 ‘‘(B) REVISION.—The term ‘revision’ 

24 means any change to a land management plan 

25 which— 


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1 ‘‘(i) in the case of a plan described in 

2 subparagraph (A)(i), is made under section 

3 6(f)(5) of the Forest and Rangeland Re4 newable Resources Planning Act of 1974 

5 (16 U.S.C. 1604(f)(5)); or 

6 ‘‘(ii) in the case of a plan described in 

7 subparagraph (A)(ii), is made under sec8 tion 1610.5–6 of title 43, Code of Federal 

9 Regulations (or any successor regulation). 

10 ‘‘(C) AMENDMENT.—The term ‘amend11 ment’ means any change to a land management 

12 plan which— 

13 ‘‘(i) in the case of a plan described in 

14 subparagraph (A)(i), is made under section 

15 6(f)(4) of the Forest and Rangeland Re16 newable Resources Planning Act of 1974 

17 (16 U.S.C. 1604(f)(4)) and with respect to 

18 which the Secretary of Agriculture pre19 pares a statement described in section 

20 102(2)(C) of the National Environmental 

21 Policy Act of 1969 (42 U.S.C. 

22 4332(2)(C)); or 

23 ‘‘(ii) in the case of a plan described in 

24 subparagraph (A)(ii), is made under sec25 tion 1610.5–5 of title 43, Code of Federal 


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1 Regulations (or any successor regulation) 

2 and with respect to which the Secretary of 

3 the Interior prepares a statement described 

4 in section 102(2)(C) of the National Envi5 ronmental Policy Act of 1969 (42 U.S.C. 

6 4332(2)(C)).’’. 

7 (f) INCLUSION OF CERTAIN INTERPRETIVE RULES

8 INVOLVING THE INTERNAL REVENUE LAWS.— 

9 (1) IN GENERAL.—Subsection (a) of section 

10 603 of title 5, United States Code, is amended by 

11 striking the period at the end and inserting ‘‘or a 

12 recordkeeping requirement, and without regard to 

13 whether such requirement is imposed by statute or 

14 regulation.’’. 

15 (2) COLLECTION OF INFORMATION.—Paragraph 

16 (7) of section 601 of title 5, United States Code, is 

17 amended to read as follows: 

18 ‘‘(7) COLLECTION OF INFORMATION.—The term 

19 ‘collection of information’ has the meaning given 

20 such term in section 3502(3) of title 44, United 

21 States Code.’’. 

22 (3) RECORDKEEPING REQUIREMENT.—Para23 graph (8) of section 601 of title 5, United States 

24 Code, is amended to read as follows: 


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1 ‘‘(8) RECORDKEEPING REQUIREMENT.—The 

2 term ‘recordkeeping requirement’ has the meaning 

3 given such term in section 3502(13) of title 44, 

4 United States Code.’’. 

5 (g) DEFINITION OF SMALL ORGANIZATION.—Para6 graph (4) of section 601 of title 5, United States Code, 

7 is amended to read as follows: 

8 ‘‘(4) SMALL ORGANIZATION.— 

9 ‘‘(A) IN GENERAL.—The term ‘small orga10 nization’ means any not-for-profit enterprise 

11 which, as of the issuance of the notice of pro12 posed rulemaking— 

13 ‘‘(i) in the case of an enterprise which 

14 is described by a classification code of the 

15 North American Industrial Classification 

16 System, does not exceed the size standard 

17 established by the Administrator of the 

18 Small Business Administration pursuant to 

19 section 3 of the Small Business Act (15 

20 U.S.C. 632) for small business concerns 

21 described by such classification code; and 

22 ‘‘(ii) in the case of any other enter23 prise, has a net worth that does not exceed 

24 $7,000,000 and has not more than 500 

25 employees. 


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1 ‘‘(B) LOCAL LABOR ORGANIZATIONS.—In 

2 the case of any local labor organization, sub3 paragraph (A) shall be applied without regard 

4 to any national or international organization of 

5 which such local labor organization is a part. 

6 ‘‘(C) AGENCY DEFINITIONS.—Subpara7 graphs (A) and (B) shall not apply to the ex8 tent that an agency, after consultation with the 

9 Office of Advocacy of the Small Business Ad10 ministration and after opportunity for public 

11 comment, establishes one or more definitions 

12 for such term which are appropriate to the ac13 tivities of the agency and publishes such defini14 tions in the Federal Register.’’. 

15 SEC. 3. REQUIREMENTS PROVIDING FOR MORE DETAILED 

16 ANALYSES. 

17 (a) INITIAL REGULATORY FLEXIBILITY ANALYSIS.— 

18 (1) Subsection (b) of section 603 of title 5, 

19 United States Code, is amended to read as follows: 

20 ‘‘(b) Each initial regulatory flexibility analysis re21 quired under this section shall contain a detailed state22 ment— 

23 ‘‘(1) describing the reasons why action by the 

24 agency is being considered; 


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1 ‘‘(2) describing the objectives of, and legal basis 

2 for, the proposed rule; 

3 ‘‘(3) estimating the number and type of small 

4 entities to which the proposed rule will apply; 

5 ‘‘(4) describing the projected reporting, record6 keeping, and other compliance requirements of the 

7 proposed rule, including an estimate of the classes of 

8 small entities which will be subject to the require9 ment and the type of professional skills necessary 

10 for preparation of the report and record; 

11 ‘‘(5) describing all relevant Federal rules which 

12 may duplicate, overlap, or conflict with the proposed 

13 rule, or the reasons why such a description could not 

14 be provided; 

15 ‘‘(6) estimating the additional cumulative eco16 nomic impact of the proposed rule on small entities 

17 beyond that already imposed on the class of small 

18 entities by the agency or why such an estimate is 

19 not available; and 

20 ‘‘(7) describing any disproportionate economic 

21 impact on small entities or a specific class of small 

22 entities.’’. 

23 (b) FINAL REGULATORY FLEXIBILITY ANALYSIS.— 

24 (1) IN GENERAL.—Section 604(a) of title 5, 

25 United States Code, is amended— 


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1 (A) in paragraph (4), by striking ‘‘an ex2 planation’’ and inserting ‘‘a detailed expla3 nation’’; 

4 (B) in each of paragraphs (4), (5), and the 

5 first paragraph (6), by inserting ‘‘detailed’’ be6 fore ‘‘description’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(7) describing any disproportionate economic 

9 impact on small entities or a specific class of small 

10 entities.’’. 

11 (2) INCLUSION OF RESPONSE TO COMMENTS ON

12 CERTIFICATION OF PROPOSED RULE.—Paragraph 

13 (2) of section 604(a) of title 5, United States Code, 

14 is amended by inserting ‘‘(or certification of the pro15 posed rule under section 605(b))’’ after ‘‘initial reg16 ulatory flexibility analysis’’. 

17 (3) PUBLICATION OF ANALYSIS ON WEBSITE.— 

18 Subsection (b) of section 604 of title 5, United 

19 States Code, is amended to read as follows: 

20 ‘‘(b) The agency shall make copies of the final regu21 latory flexibility analysis available to the public, including 

22 placement of the entire analysis on the agency’s website, 

23 and shall publish in the Federal Register the final regu24 latory flexibility analysis, or a summary thereof which in25 cludes the telephone number, mailing address, and link to 


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1 the website where the complete analysis may be ob2 tained.’’. 

3 (c) CROSS-REFERENCES TO OTHER ANALYSES.— 

4 Subsection (a) of section 605 of title 5, United States 

5 Code, is amended to read as follows: 

6 ‘‘(a) A Federal agency shall be treated as satisfying 

7 any requirement regarding the content of an agenda or 

8 regulatory flexibility analysis under section 602, 603, or 

9 604, if such agency provides in such agenda or analysis 

10 a cross-reference to the specific portion of another agenda 

11 or analysis which is required by any other law and which 

12 satisfies such requirement.’’. 

13 (d) CERTIFICATIONS.—Subsection (b) of section 605 

14 of title 5, United States Code, is amended— 

15 (1) by inserting ‘‘detailed’’ before ‘‘statement’’; 

16 and 

17 (2) by inserting ‘‘and legal’’ after ‘‘factual’’. 

18 (e) QUANTIFICATION REQUIREMENTS.—Section 607 

19 of title 5, United States Code, is amended to read as fol20 lows: 

21 ‘‘§ 607. Quantification requirements 

22 ‘‘In complying with sections 603 and 604, an agency 

23 shall provide— 


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1 ‘‘(1) a quantifiable or numerical description of 

2 the effects of the proposed or final rule and alter3 natives to the proposed or final rule; or 

4 ‘‘(2) a more general descriptive statement and 

5 a detailed statement explaining why quantification is 

6 not practicable or reliable.’’. 

7 SEC. 4. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDI8 TIONAL POWERS OF THE CHIEF COUNSEL 

9 FOR ADVOCACY. 

10 (a) IN GENERAL.—Section 608 is amended to read 

11 as follows: 

12 ‘‘§ 608. Additional powers of Chief Counsel for Advo13 cacy 

14 ‘‘(a)(1) Not later than 270 days after the date of the 

15 enactment of the Regulatory Flexibility Reform Act, the 

16 Chief Counsel for Advocacy of the Small Business Admin17 istration shall, after opportunity for notice and comment 

18 under section 553, issue rules governing agency compli19 ance with this chapter. The Chief Counsel may modify or 

20 amend such rules after notice and comment under section 

21 553. This chapter (other than this subsection) shall not 

22 apply with respect to the issuance, modification, and 

23 amendment of rules under this paragraph. 

24 ‘‘(2) An agency shall not issue rules which supple25 ment the rules issued under subsection (a) unless such 


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1 agency has first consulted with the Chief Counsel for Ad2 vocacy to ensure that such supplemental rules comply with 

3 this chapter and the rules issued under paragraph (1). 

4 ‘‘(b) Notwithstanding any other law, the Chief Coun5 sel for Advocacy of the Small Business Administration 

6 may intervene in any agency adjudication (unless such 

7 agency is authorized to impose a fine or penalty under 

8 such adjudication), and may inform the agency of the im9 pact that any decision on the record may have on small 

10 entities. The Chief Counsel shall not initiate an appeal 

11 with respect to any adjudication in which the Chief Coun12 sel intervenes under this subsection. 

13 ‘‘(c) The Chief Counsel for Advocacy may file com14 ments in response to any agency notice requesting com15 ment, regardless of whether the agency is required to file 

16 a general notice of proposed rulemaking under section 

17 553.’’. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) Section 611(a)(1) of such title is amended 

20 by striking ‘‘608(b),’’. 

21 (2) Section 611(a)(2) of such title is amended 

22 by striking ‘‘608(b),’’. 

23 (3) Section 611(a)(3) of such title is amend24 ed— 

25 (A) by striking subparagraph (B); and 


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1 (B) by striking ‘‘(3)(A) A small entity’’ 

2 and inserting the following: 

3 ‘‘(3) A small entity’’. 

4 SEC. 5. PROCEDURES FOR GATHERING COMMENTS. 

5 Section 609 of title 5, United States Code, is amend6 ed by striking subsection (b) and all that follows and in7 serting the following: 

8 ‘‘(b)(1) Prior to publication of any proposed rule de9 scribed in subsection (e), an agency making such rule shall 

10 notify the Chief Counsel for Advocacy of the Small Busi11 ness Administration and provide the Chief Counsel with— 

12 ‘‘(A) all materials prepared or utilized by the 

13 agency in making the proposed rule, including the 

14 draft of the proposed rule; and 

15 ‘‘(B) information on the potential adverse and 

16 beneficial economic impacts of the proposed rule on 

17 small entities and the type of small entities that 

18 might be affected. 

19 ‘‘(2) An agency shall not be required under para20 graph (1) to provide the exact language of any draft if 

21 the rule— 

22 ‘‘(A) relates to the internal revenue laws of the 

23 United States; or 


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1 ‘‘(B) is proposed by an independent regulatory 

2 agency (as defined in section 3502(5) of title 44, 

3 United States Code). 

4 ‘‘(c) Not later than 15 days after the receipt of such 

5 materials and information under subsection (b), the Chief 

6 Counsel for Advocacy of the Small Business Administra7 tion shall— 

8 ‘‘(1) identify small entities or representatives of 

9 small entities or a combination of both for the pur10 pose of obtaining advice, input, and recommenda11 tions from those persons about the potential eco12 nomic impacts of the proposed rule and the compli13 ance of the agency with section 603 of this title; and 

14 ‘‘(2) convene a review panel consisting of an 

15 employee from the Office of Advocacy of the Small 

16 Business Administration, an employee from the 

17 agency making the rule, and in the case of an agen18 cy other than an independent regulatory agency (as 

19 defined in section 3502(5) of title 44, United States 

20 Code), an employee from the Office of Information 

21 and Regulatory Affairs of the Office of Management 

22 and Budget to review the materials and information 

23 provided to the Chief Counsel under subsection (b). 

24 ‘‘(d)(1) Not later than 60 days after the review panel 

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1 sel for Advocacy of the Small Business Administration 

2 shall, after consultation with the members of such panel, 

3 submit a report to the agency and, in the case of an agen4 cy other than an independent regulatory agency (as de5 fined in section 3502(5) of title 44, United States Code), 

6 the Office of Information and Regulatory Affairs of the 

7 Office of Management and Budget. 

8 ‘‘(2) Such report shall include an assessment of the 

9 economic impact of the proposed rule on small entities and 

10 a discussion of any alternatives that will minimize adverse 

11 significant economic impacts or maximize beneficial sig12 nificant economic impacts on small entities. 

13 ‘‘(3) Such report shall become part of the rulemaking 

14 record. In the publication of the proposed rule, the agency 

15 shall explain what actions, if any, the agency took in re16 sponse to such report. 

17 ‘‘(e) A proposed rule is described by this subsection 

18 if the Administrator of the Office of Information and Reg19 ulatory Affairs of the Office of Management and Budget, 

20 the head of the agency (or the delegatee of the head of 

21 the agency), or an independent regulatory agency deter22 mines that the proposed rule is likely to result in— 

23 ‘‘(1) an annual effect on the economy of 

24 $100,000,000 or more; 


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1 ‘‘(2) a major increase in costs or prices for con2 sumers, individual industries, Federal, State, or local 

3 governments, tribal organizations, or geographic re4 gions; 

5 ‘‘(3) significant adverse effects on competition, 

6 employment, investment, productivity, innovation, or 

7 on the ability of United States-based enterprises to 

8 compete with foreign-based enterprises in domestic 

9 and export markets; or 

10 ‘‘(4) a significant economic impact on a sub11 stantial number of small entities. 

12 ‘‘(f) Upon application by the agency, the Chief Coun13 sel for Advocacy of the Small Business Administration 

14 may waive the requirements of subsections (b) through (e) 

15 if the Chief Counsel determines that compliance with the 

16 requirements of such subsections are impracticable, un17 necessary, or contrary to the public interest.’’. 

18 SEC. 6. PERIODIC REVIEW OF RULES. 

19 Section 610 of title 5, United States Code, is amend20 ed to read as follows: 

21 ‘‘§ 610. Periodic review of rules 

22 ‘‘(a) Not later than 180 days after the enactment of 

23 the Regulatory Flexibility Improvements Act of 2011, 

24 each agency shall publish in the Federal Register and 

25 place on its website a plan for the periodic review of rules 


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1 issued by the agency which the head of the agency deter2 mines have a significant economic impact on a substantial 

3 number of small entities. Such determination shall be 

4 made without regard to whether the agency performed an 

5 analysis under section 604. The purpose of the review 

6 shall be to determine whether such rules should be contin7 ued without change, or should be amended or rescinded, 

8 consistent with the stated objectives of applicable statutes, 

9 to minimize any adverse significant economic impacts or 

10 maximize any beneficial significant economic impacts on 

11 a substantial number of small entities. Such plan may be 

12 amended by the agency at any time by publishing the revi13 sion in the Federal Register and subsequently placing the 

14 amended plan on the agency’s website. 

15 ‘‘(b) The plan shall provide for the review of all such 

16 agency rules existing on the date of the enactment of the 

17 Regulatory Flexibility Improvements Act of 2011 within 

18 10 years of the date of publication of the plan in the Fed19 eral Register and for review of rules adopted after the date 

20 of enactment of the Regulatory Flexibility Improvements 

21 Act of 2011 within 10 years after the publication of the 

22 final rule in the Federal Register. If the head of the agen23 cy determines that completion of the review of existing 

24 rules is not feasible by the established date, the head of 

25 the agency shall so certify in a statement published in the 


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1 Federal Register and may extend the review for not longer 

2 than 2 years after publication of notice of extension in 

3 the Federal Register. Such certification and notice shall 

4 be sent to the Chief Counsel for Advocacy of the Small 

5 Business Administration and the Congress. 

6 ‘‘(c) Each agency shall annually submit a report re7 garding the results of its review pursuant to such plan 

8 to the Congress, the Chief Counsel for Advocacy of the 

9 Small Business Administration, and, in the case of agen10 cies other than independent regulatory agencies (as de11 fined in section 3502(5) of title 44, United States Code) 

12 to the Administrator of the Office of Information and Reg13 ulatory Affairs of the Office of Management and Budget. 

14 Such report shall include the identification of any rule 

15 with respect to which the head of the agency made a deter16 mination described in paragraph (5) or (6) of subsection 

17 (d) and a detailed explanation of the reasons for such de18 termination. 

19 ‘‘(d) In reviewing a rule pursuant to subsections (a) 

20 through (c), the agency shall amend or rescind the rule 

21 to minimize any adverse significant economic impact on 

22 a substantial number of small entities or disproportionate 

23 economic impact on a specific class of small entities, or 

24 maximize any beneficial significant economic impact of the 

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1 est extent possible, consistent with the stated objectives 

2 of applicable statutes. In amending or rescinding the rule, 

3 the agency shall consider the following factors: 

4 ‘‘(1) The continued need for the rule. 

5 ‘‘(2) The nature of complaints received by the 

6 agency from small entities concerning the rule. 

7 ‘‘(3) Comments by the Regulatory Enforcement 

8 Ombudsman and the Chief Counsel for Advocacy of 

9 the Small Business Administration. 

10 ‘‘(4) The complexity of the rule. 

11 ‘‘(5) The extent to which the rule overlaps, du12 plicates, or conflicts with other Federal rules and, 

13 unless the head of the agency determines it to be in14 feasible, State and local rules. 

15 ‘‘(6) The contribution of the rule to the cumu16 lative economic impact of all Federal rules on the 

17 class of small entities affected by the rule, unless the 

18 head of the agency determines that such calculations 

19 cannot be made and reports that determination in 

20 the annual report required under subsection (c). 

21 ‘‘(7) The length of time since the rule has been 

22 evaluated or the degree to which technology, eco23 nomic conditions, or other factors have changed in 

24 the area affected by the rule. 


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1 ‘‘(e) The agency shall publish in the Federal Register 

2 and on its website a list of rules to be reviewed pursuant 

3 to such plan. Such publication shall include a brief de4 scription of the rule, the reason why the agency deter5 mined that it has a significant economic impact on a sub6 stantial number of small entities (without regard to wheth7 er it had prepared a final regulatory flexibility analysis 

8 for the rule), and request comments from the public, the 

9 Chief Counsel for Advocacy of the Small Business Admin10 istration, and the Regulatory Enforcement Ombudsman 

11 concerning the enforcement of the rule.’’. 

12 SEC. 7. JUDICIAL REVIEW OF COMPLIANCE WITH THE RE13 QUIREMENTS OF THE REGULATORY FLEXI14 BILITY ACT AVAILABLE AFTER PUBLICATION 

15 OF THE FINAL RULE. 

16 (a) IN GENERAL.—Paragraph (1) of section 611(a) 

17 of title 5, United States Code, is amended by striking 

18 ‘‘final agency action’’ and inserting ‘‘such rule’’. 

19 (b) JURISDICTION.—Paragraph (2) of such section is 

20 amended by inserting ‘‘(or which would have such jurisdic21 tion if publication of the final rule constituted final agency 

22 action)’’ after ‘‘provision of law,’’. 

23 (c) TIME FOR BRINGING ACTION.—Paragraph (3) of 

24 such section is amended— 


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1 (1) by striking ‘‘final agency action’’ and insert2 ing ‘‘publication of the final rule’’; and 

3 (2) by inserting ‘‘, in the case of a rule for 

4 which the date of final agency action is the same 

5 date as the publication of the final rule,’’ after ‘‘ex6 cept that’’. 

7 (d) INTERVENTION BY CHIEF COUNSEL FOR ADVO8 CACY.—Subsection (b) of section 612 of title 5, United 

9 States Code, is amended by inserting before the first pe10 riod ‘‘or agency compliance with section 601, 603, 604, 

11 605(b), 609, or 610’’. 

12 SEC. 8. JURISDICTION OF COURT OF APPEALS OVER RULES 

13 IMPLEMENTING THE REGULATORY FLEXI14 BILITY ACT. 

15 (a) IN GENERAL.—Section 2342 of title 28, United 

16 States Code, is amended— 

17 (1) in paragraph (6), by striking ‘‘and’’ at the 

18 end; 

19 (2) in paragraph (7), by striking the period at 

20 the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following new 

22 paragraph: 

23 ‘‘(8) all final rules under section 608(a) of title 

24 5, United States Code.’’. 


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•HR 527 IH

1 (b) CONFORMING AMENDMENTS.—Paragraph (3) of 

2 section 2341 of title 28, United States Code, is amended— 

3 (1) in subparagraph (D), by striking ‘‘and’’ at 

4 the end; 

5 (2) in subparagraph (E), by striking the period 

6 at the end and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following new sub8 paragraph: 

9 ‘‘(F) the Office of Advocacy of the Small 

10 Business Administration, when the final rule is 

11 under section 608(a) of title 5, United States 

12 Code.’’. 

13 (c) AUTHORIZATION TO INTERVENE AND COMMENT

14 ON AGENCY COMPLIANCE WITH ADMINISTRATIVE PROCE15 DURE.—Subsection (b) of section 612 of title 5, United 

16 States Code, is amended by inserting ‘‘chapter 5, and 

17 chapter 7,’’ after ‘‘this chapter,’’. 

18 SEC. 9. CLERICAL AMENDMENTS. 

19 (a) Section 601 of title 5, United States Code, is 

20 amended— 

21 (1) in paragraph (1)— 

22 (A) by striking the semicolon at the end 

23 and inserting a period; and 

24 (B) by striking ‘‘(1) the term’’ and insert25 ing the following: 


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•HR 527 IH

1 ‘‘(1) AGENCY.—The term’’; 

2 (2) in paragraph (3)— 

3 (A) by striking the semicolon at the end 

4 and inserting a period, and 

5 (B) by striking ‘‘(3) the term’’ and insert6 ing the following: 

7 ‘‘(3) SMALL BUSINESS.—The term’’; 

8 (3) in paragraph (5)— 

9 (A) by striking the semicolon at the end 

10 and inserting a period, and 

11 (B) by striking ‘‘(5) the term’’ and insert12 ing the following: 

13 ‘‘(5) SMALL GOVERNMENTAL JURISDICTION.— 

14 The term’’; and 

15 (4) in paragraph (6)— 

16 (A) by striking ‘‘; and’’ and inserting a pe17 riod, and 

18 (B) by striking ‘‘(6) the term’’ and insert19 ing the following: 

20 ‘‘(6) SMALL ENTITY.—The term’’. 

21 (b) The heading of section 605 of title 5, United 

22 States Code, is amended to read as follows: 


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•HR 527 IH

1 ‘‘§ 605. Incorporations by reference and certifi2 cations’’. 

3 (c) The table of sections for chapter 6 of title 5, 

4 United States Code, is amended— 

5 (1) by striking the item relating to section 605 

6 and inserting the following new item: 

‘‘605. Incorporations by reference and certifications’’; 

7 (2) by striking the item relating to section 607 

8 and inserting the following new item: 

‘‘607. Quantification requirements’’; 

9 and 

10 (3) by striking the item relating to section 608 

11 and inserting the following: 

‘‘608. Additional powers of Chief Counsel for Advocacy’’. 

12 (d) Chapter 6 of title 5, United States Code, is 

13 amended as follows: 

14 (1) In section 603, by striking subsection (d). 

15 (2) In section 604(a) by striking the second 

16 paragraph (6). 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS