SEC. 9. JURISDICTION OF COURT OF APPEALS OVER RULES 
IMPLEMENTING THE REGULATORY FLEXI-
BILITY 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 fol-
lowing new paragraph: 
‘‘(8) all final rules under section 608(a) of title 
5.’’. 
(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 
under section 608(a) of title 5.’’. 
(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. 10. 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 
(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.’’. 
(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). 
SEC. 11. AGENCY PREPARATION OF GUIDES. 
Section 212(a)(5) the Small Business Regulatory En-
forcement 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 ac-
count the subject matter of the rule and the lan-
guage 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.’’. 
Passed the House of Representatives December 1, 
2011. 
Attest: 
Clerk.
112TH CONGRESS 
1ST SESSION 
H. R. 527 
AN ACT 
To amend chapter 6 of title 5, United States Code 
(commonly known as the Regulatory Flexibility 
Act), to ensure complete analysis of potential im-
pacts on small entities of rules, and for other 
purposes.