violated that rule in that Federal district court during that 
attorney’s career. If the court determines that the number 
is three or more, the Federal district court— 
(1) shall suspend that attorney from the prac-
tice of law in that Federal district court for one 
year; and 
(2) may suspend that attorney from the prac-
tice of law in that Federal district court for any ad-
ditional period that the court considers appropriate. 
(b) APPEAL; STAY.—An attorney has the right to ap-
peal a suspension under subsection (a). While such an ap-
peal is pending, the suspension shall be stayed. 
(c) REINSTATEMENT.—To be reinstated to the prac-
tice of law in a Federal district court after completion of 
a suspension under subsection (a), the attorney involved 
must first petition the court for reinstatement under such 
procedures and conditions as the court may prescribe. 
SEC. 806. PRESUMPTION OF RULE 11 VIOLATION FOR RE-
PEATEDLY RELITIGATING SAME ISSUE. 
Whenever a party presents to a Federal court a 
pleading, written motion, or other paper, that includes a 
claim or defense that the party has already litigated and 
lost on the merits in any forum in final decisions not sub-
ject to appeal on three consecutive occasions, and the 
claim or defense, respectively, involves the same plaintiff 
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and the same defendant on each occasion, there shall be 
a rebuttable presumption that the presentation of such 
paper is in violation of Rule 11 of the Federal Rules of 
Civil Procedure. 
SEC. 807. ENHANCED SANCTIONS FOR DOCUMENT DE-
STRUCTION IN PENDING FEDERAL COURT 
PROCEEDINGS. 
Whoever willfully and intentionally influences, ob-
structs, or impedes, or attempts to influence, or obstruct, 
or impede, a pending Federal court proceeding through 
the willful and intentional destruction of documents 
sought pursuant to the rules of such Federal court pro-
ceeding and highly relevant to that proceeding— 
(1) shall be punished with mandatory civil sanc-
tions of a degree commensurate with the civil sanc-
tions available under Rule 11 of the Federal Rules 
of Civil Procedure, in addition to any other civil 
sanctions that otherwise apply; and 
(2) shall be held in contempt of court; and if 
an attorney, referred to one or more appropriate 
State bar associations for disciplinary proceedings. 
SEC. 808. BAN ON CONCEALMENT OF UNLAWFUL CONDUCT. 
(a) IN GENERAL.—In any Rule 11 of the Federal 
Rules of Civil Procedure proceeding, a court may not order 
that a court record not be disclosed unless the court makes 
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a finding of fact that identifies the interest that justifies 
the order and determines that interest outweighs any in-
terest in the public health and safety that the court deter-
mines would be served by disclosing the court record. 
(b) APPLICABILITY.—This section applies to any 
record formally filed with a court, but shall not include 
any records subject to— 
(1) the attorney-client privilege or any other 
privilege recognized under Federal or State law that 
grants the right to prevent disclosure of certain in-
formation unless the privilege has been waived; or 
(2) applicable State or Federal laws that pro-
tect the confidentiality of crime victims, including 
victims of sexual abuse. 
TITLE IX—REGULATORY FLEXI-
BILITY IMPROVEMENTS ACT 
OF 2011 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Regulatory Flexibility 
Improvements Act of 2011’’. 
SEC. 902. CLARIFICATION AND EXPANSION OF RULES COV-
ERED 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: 
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‘‘(2) RULE.—The term ‘rule’ has the meaning 
given such term in section 551(4) of this title, ex-
cept that such term does not include a rule of par-
ticular (and not general) applicability relating to 
rates, wages, corporate or financial structures or re-
organizations thereof, prices, facilities, appliances, 
services, or allowances therefor or to valuations, 
costs or accounting, or practices relating to such 
rates, wages, structures, prices, appliances, services, 
or allowances.’’. 
(b) INCLUSION
OF RULES WITH INDIRECT EF-
FECTS.—Section 601 of title 5, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(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 such rule; and 
‘‘(B) any indirect economic effect on small 
entities which is reasonably foreseeable and re-
sults from such rule (without regard to whether 
small entities will be directly regulated by the 
rule).’’. 
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(c) INCLUSION OF RULES WITH BENEFICIAL EF-
FECTS.— 
(1) INITIAL REGULATORY FLEXIBILITY ANAL-
YSIS.—Subsection (c) of section 603 of title 5, 
United States Code, is amended by striking the first 
sentence and inserting ‘‘Each initial regulatory flexi-
bility analysis shall also contain a detailed descrip-
tion of alternatives to the proposed rule which mini-
mize any adverse significant economic impact or 
maximize any beneficial significant economic impact 
on small entities.’’. 
(2) FINAL
REGULATORY
FLEXIBILITY
ANAL-
YSIS.—The first paragraph (6) of section 604(a) of 
title 5, United States Code, is amended by striking 
‘‘minimize the significant economic impact’’ and in-
serting ‘‘minimize the adverse significant economic 
impact or maximize the beneficial significant eco-
nomic impact’’. 
(d) INCLUSION OF RULES AFFECTING TRIBAL ORGA-
NIZATIONS.—Paragraph (5) of section 601 of title 5, 
United States Code, is amended by inserting ‘‘and tribal 
organizations (as defined in section 4(l) of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b(l))),’’ after ‘‘special districts,’’. 
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(e) INCLUSION OF LAND MANAGEMENT PLANS AND 
FORMAL RULEMAKING.— 
(1) INITIAL REGULATORY FLEXIBILITY ANAL-
YSIS.—Subsection (a) of section 603 of title 5, 
United States Code, is amended in the first sen-
tence— 
(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
ANAL-
YSIS.—Subsection (a) of section 604 of title 5, 
United States Code, is amended in the first sen-
tence— 
(A) by striking ‘‘or’’ after ‘‘proposed rule-
making,’’; and 
(B) by inserting ‘‘or adopts a revision or 
amendment to a land management plan,’’ after 
‘‘section 603(a),’’. 
(3) LAND MANAGEMENT PLAN DEFINED.—Sec-
tion 601 of title 5, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(10) LAND MANAGEMENT PLAN.— 
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‘‘(C) AMENDMENT.—The term ‘amend-
ment’ means any change to a land management 
plan which— 
‘‘(i) in the case of a plan described in 
subparagraph (A)(i), is made under section 
6(f)(4) of the Forest and Rangeland Re-
newable Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(4)) and with respect to 
which the Secretary of Agriculture pre-
pares 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 sec-
tion 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 Envi-
ronmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).’’. 
(f) INCLUSION OF CERTAIN INTERPRETIVE RULES 
INVOLVING THE INTERNAL REVENUE LAWS.— 
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(1) IN
GENERAL.—Subsection (a) of section 
603 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 by statute or 
regulation.’’. 
(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, United 
States Code.’’. 
(3) RECORDKEEPING
REQUIREMENT.—Para-
graph (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, 
United States Code.’’. 
(g) DEFINITION OF SMALL ORGANIZATION.—Para-
graph (4) of section 601 of title 5, United States Code, 
is amended to read as follows: 
‘‘(4) SMALL ORGANIZATION.— 
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‘‘(A) IN GENERAL.—The term ‘small orga-
nization’ means any not-for-profit enterprise 
which, as of the issuance of the notice of pro-
posed 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 enter-
prise, has a net worth that does not exceed 
$7,000,000 and has not more than 500 
employees. 
‘‘(B) LOCAL LABOR ORGANIZATIONS.—In 
the case of any local labor organization, sub-
paragraph (A) shall be applied without regard 
to any national or international organization of 
which such local labor organization is a part. 
‘‘(C) 
AGENCY
DEFINITIONS.—Subpara-
graphs (A) and (B) shall not apply to the ex-
tent that an agency, after consultation with the 
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Office of Advocacy of the Small Business Ad-
ministration and after opportunity for public 
comment, establishes one or more definitions 
for such term which are appropriate to the ac-
tivities of the agency and publishes such defini-
tions in the Federal Register.’’. 
SEC. 903. REQUIREMENTS PROVIDING FOR MORE DE-
TAILED 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 re-
quired under this section shall contain a detailed state-
ment— 
‘‘(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, record-
keeping, and other compliance requirements of the 
proposed rule, including an estimate of the classes of 
small entities which will be subject to the require-
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ment 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 eco-
nomic 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; and 
‘‘(7) describing any disproportionate economic 
impact on small entities or a specific class of small 
entities.’’. 
(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 ex-
planation’’ and inserting ‘‘a detailed expla-
nation’’; 
(B) in each of paragraphs (4), (5), and the 
first paragraph (6), by inserting ‘‘detailed’’ be-
fore ‘‘description’’; and 
(C) by adding at the end the following: 
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‘‘(7) describing 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.—Paragraph 
(2) of section 604(a) of title 5, United States Code, 
is amended by inserting ‘‘(or certification of the pro-
posed rule under section 605(b))’’ after ‘‘initial reg-
ulatory 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) The agency shall make copies of the final regu-
latory flexibility analysis available to the public, including 
placement of the entire analysis on the agency’s website, 
and shall publish in the Federal Register the final regu-
latory flexibility analysis, or a summary thereof which in-
cludes the telephone number, mailing address, and link to 
the website where the complete analysis may be ob-
tained.’’. 
(c) CROSS-REFERENCES
TO OTHER ANALYSES.— 
Subsection (a) of section 605 of title 5, United States 
Code, is amended to read as follows: 
‘‘(a) A Federal agency shall be treated as satisfying 
any requirement regarding the content of an agenda or 
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regulatory flexibility analysis under section 602, 603, or 
604, if such agency provides in such 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 such requirement.’’. 
(d) CERTIFICATIONS.—Subsection (b) of section 605 
of title 5, United States Code, is amended— 
(1) by inserting ‘‘detailed’’ before ‘‘statement’’; 
and 
(2) by inserting ‘‘and legal’’ after ‘‘factual’’. 
(e) QUANTIFICATION REQUIREMENTS.—Section 607 
of title 5, United States Code, is amended to read as fol-
lows: 
‘‘§ 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 alter-
natives 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.’’. 
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SEC. 904. REPEAL OF WAIVER AND DELAY AUTHORITY; AD-
DITIONAL POWERS OF THE CHIEF COUNSEL 
FOR ADVOCACY. 
(a) IN GENERAL.—Section 608 is amended to read 
as follows: 
‘‘§ 608. Additional powers of Chief Counsel for Advo-
cacy 
‘‘(a)(1) Not later than 270 days after the date of the 
enactment of the Regulatory Flexibility Reform Act, the 
Chief Counsel for Advocacy of the Small Business Admin-
istration shall, after opportunity for notice and comment 
under section 553, issue rules governing agency compli-
ance 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) An agency shall not issue rules which supple-
ment the rules issued under subsection (a) unless such 
agency has first consulted with the Chief Counsel for Ad-
vocacy to ensure that such supplemental rules comply with 
this chapter and the rules issued under paragraph (1). 
‘‘(b) Notwithstanding any other law, the Chief Coun-
sel 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 
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such adjudication), and may inform the agency of the im-
pact that any decision on the record may have on small 
entities. The Chief Counsel shall not initiate an appeal 
with respect to any adjudication in which the Chief Coun-
sel intervenes under this subsection. 
‘‘(c) The Chief Counsel for Advocacy may file com-
ments in response to any agency notice requesting com-
ment, regardless of whether the agency is required to file 
a general notice of proposed rulemaking under section 
553.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 611(a)(1) of such title is amended 
by striking ‘‘608(b),’’. 
(2) Section 611(a)(2) of such title is amended 
by striking ‘‘608(b),’’. 
(3) Section 611(a)(3) of such title is amend-
ed— 
(A) by striking subparagraph (B); and 
(B) by striking ‘‘(3)(A) A small entity’’ 
and inserting the following: 
‘‘(3) A small entity’’. 
SEC. 905. PROCEDURES FOR GATHERING COMMENTS. 
Section 609 of title 5, United States Code, is amend-
ed by striking subsection (b) and all that follows and in-
serting the following: 
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‘‘(b)(1) Prior to publication of any proposed rule de-
scribed in subsection (e), an agency making such rule shall 
notify the Chief Counsel for Advocacy of the Small Busi-
ness Administration and provide the Chief Counsel with— 
‘‘(A) all materials prepared or utilized by the 
agency in making 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) An agency shall not be required under para-
graph (1) to provide the exact language of any draft if 
the rule— 
‘‘(A) relates to the internal revenue laws of the 
United States; or 
‘‘(B) is proposed by an independent regulatory 
agency (as defined in section 3502(5) of title 44, 
United States Code). 
‘‘(c) Not later than 15 days after the receipt of such 
materials and information under subsection (b), the Chief 
Counsel for Advocacy of the Small Business Administra-
tion shall— 
‘‘(1) identify small entities or representatives of 
small entities or a combination of both for the pur-
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pose of obtaining advice, input, and recommenda-
tions from those persons about the potential eco-
nomic impacts of the proposed rule and the compli-
ance of the agency with section 603 of this title; and 
‘‘(2) convene a review panel consisting of an 
employee from the Office of Advocacy of the Small 
Business Administration, an employee from the 
agency making the rule, and in the case of an agen-
cy other than an independent regulatory agency (as 
defined in section 3502(5) of title 44, United States 
Code), an employee from the Office of Information 
and Regulatory Affairs of the Office of Management 
and Budget to review the materials and information 
provided to the Chief Counsel under subsection (b). 
‘‘(d)(1) Not later than 60 days after the review panel 
described in subsection (c)(2) is convened, the Chief Coun-
sel for Advocacy of the Small Business Administration 
shall, after consultation with the members of such panel, 
submit a report to the agency and, in the case of an agen-
cy other than an independent regulatory agency (as de-
fined in section 3502(5) of title 44, United States Code), 
the Office of Information and Regulatory Affairs of the 
Office of Management and Budget. 
‘‘(2) Such report shall include an assessment of the 
economic impact of the proposed rule on small entities and 
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a discussion of any alternatives that will minimize adverse 
significant economic impacts or maximize beneficial sig-
nificant economic impacts on small entities. 
‘‘(3) Such report 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 re-
sponse to such report. 
‘‘(e) A proposed rule is described by this subsection 
if the Administrator of the Office of Information and Reg-
ulatory Affairs of the Office of Management and Budget, 
the head of the agency (or the delegatee of the head of 
the agency), or an independent regulatory agency deter-
mines that the proposed rule 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 con-
sumers, individual industries, Federal, State, or local 
governments, tribal organizations, or geographic re-
gions; 
‘‘(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 
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‘‘(4) a significant economic impact on a sub-
stantial number of small entities. 
‘‘(f) Upon application by the agency, the Chief Coun-
sel 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, un-
necessary, or contrary to the public interest.’’. 
SEC. 906. PERIODIC REVIEW OF RULES. 
Section 610 of title 5, United States Code, is amend-
ed to read as follows: 
‘‘§ 610. Periodic review of rules 
‘‘(a) Not later than 180 days after the enactment of 
the Regulatory Flexibility Improvements Act of 2011, 
each agency shall publish in the Federal Register and 
place on its website a plan for the periodic review of rules 
issued by the agency which the head of the agency deter-
mines have a significant economic impact on a substantial 
number of small entities. Such determination shall be 
made without regard to whether the agency performed an 
analysis under section 604. The purpose of the review 
shall be to determine whether such rules should be contin-
ued without change, or should be amended or rescinded, 
consistent with the stated objectives of applicable statutes, 
to minimize any adverse significant economic impacts or 
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maximize any beneficial significant economic impacts on 
a substantial number of small entities. Such plan may be 
amended by the agency at any time by publishing the revi-
sion in the Federal Register and subsequently placing the 
amended plan on the agency’s website. 
‘‘(b) The plan shall provide for the review of all such 
agency rules existing on the date of the enactment of the 
Regulatory Flexibility Improvements Act of 2011 within 
10 years of the date of publication of the plan in the Fed-
eral Register and for review of rules adopted after the date 
of enactment of the Regulatory Flexibility Improvements 
Act of 2011 within 10 years after the publication of the 
final rule in the Federal Register. If the head of the agen-
cy determines that completion of the review of existing 
rules is not feasible by the established date, the head of 
the agency shall so certify in a statement published in the 
Federal Register and may extend the review for not longer 
than 2 years after publication of notice of extension in 
the Federal Register. Such certification and notice shall 
be sent to the Chief Counsel for Advocacy of the Small 
Business Administration and the Congress. 
‘‘(c) Each agency shall annually submit a report re-
garding the results of its review pursuant to such plan 
to the Congress, the Chief Counsel for Advocacy of the 
Small Business Administration, and, in the case of agen-
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cies other than independent regulatory agencies (as de-
fined in section 3502(5) of title 44, United States Code) 
to the Administrator of the Office of Information and Reg-
ulatory Affairs of the Office of Management and Budget. 
Such report shall include the identification of any rule 
with respect to which the head of the agency made a deter-
mination described in paragraph (5) or (6) of subsection 
(d) and a detailed explanation of the reasons for such de-
termination. 
‘‘(d) In reviewing a rule pursuant to subsections (a) 
through (c), the agency shall amend or rescind the 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 great-
est extent possible, consistent with the stated objectives 
of applicable statutes. In amending or rescinding the rule, 
the agency shall consider the following factors: 
‘‘(1) The continued need for the rule. 
‘‘(2) The nature of complaints received by the 
agency from small entities concerning the rule. 
‘‘(3) Comments by the Regulatory Enforcement 
Ombudsman and the Chief Counsel for Advocacy of 
the Small Business Administration. 
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‘‘(4) The complexity of the rule. 
‘‘(5) The extent to which the rule overlaps, du-
plicates, or conflicts with other Federal rules and, 
unless the head of the agency determines it to be in-
feasible, State and local rules. 
‘‘(6) The contribution of the rule to the cumu-
lative economic impact of all Federal rules on the 
class of small entities affected by the rule, unless the 
head of the agency determines that such calculations 
cannot be made and reports that determination in 
the annual report required under subsection (c). 
‘‘(7) The length of time since the rule has been 
evaluated or the degree to which technology, eco-
nomic conditions, or other factors have changed in 
the area affected by the rule. 
‘‘(e) The agency shall publish in the Federal Register 
and on its website a list of rules to be reviewed pursuant 
to such plan. Such publication shall include a brief de-
scription of the rule, the reason why the agency deter-
mined that it has a significant economic impact on a sub-
stantial number of small entities (without regard to wheth-
er it had prepared a final regulatory flexibility analysis 
for the rule), and request comments from the public, the 
Chief Counsel for Advocacy of the Small Business Admin-
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istration, and the Regulatory Enforcement Ombudsman 
concerning the enforcement of the rule.’’. 
SEC. 907. JUDICIAL REVIEW OF COMPLIANCE WITH THE RE-
QUIREMENTS OF THE REGULATORY FLEXI-
BILITY ACT AVAILABLE AFTER PUBLICATION 
OF THE FINAL RULE. 
(a) IN GENERAL.—Paragraph (1) of section 611(a) 
of title 5, United States Code, is amended by striking 
‘‘final agency action’’ and inserting ‘‘such rule’’. 
(b) JURISDICTION.—Paragraph (2) of such section is 
amended by inserting ‘‘(or which would have such jurisdic-
tion if publication of the final rule constituted final agency 
action)’’ after ‘‘provision of law,’’. 
(c) TIME FOR BRINGING ACTION.—Paragraph (3) of 
such section is amended— 
(1) by striking ‘‘final agency action’’ and insert-
ing ‘‘publication of the final rule’’; and 
(2) 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 ‘‘ex-
cept that’’. 
(d) INTERVENTION BY CHIEF COUNSEL FOR ADVO-
CACY.—Subsection (b) of section 612 of title 5, United 
States Code, is amended by inserting before the first pe-
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riod ‘‘or agency compliance with section 601, 603, 604, 
605(b), 609, or 610’’. 
SEC. 908. 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 adding at the end the following new 
paragraph: 
‘‘(8) all final rules under section 608(a) of title 
5, United States Code.’’. 
(b) CONFORMING AMENDMENTS.—Paragraph (3) of 
section 2341 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 new sub-
paragraph: 
‘‘(F) the Office of Advocacy of the Small 
Business Administration, when the final rule is 
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under section 608(a) of title 5, United States 
Code.’’. 
(c) AUTHORIZATION TO INTERVENE AND COMMENT 
ON AGENCY COMPLIANCE WITH ADMINISTRATIVE PROCE-
DURE.—Subsection (b) of section 612 of title 5, United 
States Code, is amended by inserting ‘‘chapter 5, and 
chapter 7,’’ after ‘‘this chapter,’’. 
SEC. 909. CLERICAL AMENDMENTS. 
(a) Section 601 of title 5, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking the semicolon at the end 
and inserting a period; and 
(B) by striking ‘‘(1) the term’’ and insert-
ing the following: 
‘‘(1) AGENCY.—The term’’; 
(2) in paragraph (3)— 
(A) by striking the semicolon at the end 
and inserting a period, and 
(B) by striking ‘‘(3) the term’’ and insert-
ing the following: 
‘‘(3) SMALL BUSINESS.—The term’’; 
(3) in paragraph (5)— 
(A) by striking the semicolon at the end 
and inserting a period, and 
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(B) by striking ‘‘(5) the term’’ and insert-
ing the following: 
‘‘(5) SMALL GOVERNMENTAL JURISDICTION.— 
The term’’; and 
(4) in paragraph (6)— 
(A) by striking ‘‘; and’’ and inserting a pe-
riod, and 
(B) by striking ‘‘(6) the term’’ and insert-
ing the following: 
‘‘(6) SMALL ENTITY.—The term’’. 
(b) The heading of section 605 of title 5, United 
States Code, is amended to read as follows: 
‘‘§ 605. Incorporations by reference and certifi-
cations’’. 
(c) 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 new item: 
‘‘605. Incorporations by reference and certifications’’; 
(2) by striking the item relating to section 607 
and inserting the following new item: 
‘‘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’’. 
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(d) Chapter 6 of title 5, United States Code, is 
amended as follows: 
(1) In section 603, by striking subsection (d). 
(2) In section 604(a) by striking the second 
paragraph (6). 
Æ 
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