I 
112TH CONGRESS 
2D SESSION 
H. R. 6240 
To make reforms to taxes, regulations, and workforce development programs 
in order to increase employment in the manufacturing sector and overall 
economy. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2012 
Mr. GRAVES of Missouri introduced the following bill; which was referred to 
the Committee on Ways and Means, and in addition to the Committees 
on Education and the Workforce, the Judiciary, and 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 com-
mittee concerned 
A BILL 
To make reforms to taxes, regulations, and workforce devel-
opment programs in order to increase employment in 
the manufacturing sector and overall economy. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Manufacturing Comeback Act of 2012’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title. 
TITLE I—RESEARCH AND DEVELOPMENT 
Sec. 101. Extension and expansion of research and development tax credit. 
TITLE II—CORPORATE AND INDIVIDUAL PROVISIONS GENERALLY 
Sec. 201. Extension of bonus depreciation and temporary 100 percent expens-
ing for certain business assets. 
Sec. 202. Extension of increased small business expensing. 
Sec. 203. Maximum corporate income tax rate reduced to 25 percent for 2013. 
Sec. 204. Temporary extension of 2001 tax relief. 
Sec. 205. Temporary extension of 2003 tax relief. 
TITLE III—WORKFORCE TRAINING 
Sec. 301. Short title. 
Sec. 302. Industry-recognized and nationally portable credentials for job train-
ing programs. 
Sec. 303. Skill credential registry. 
Sec. 304. Effective Date. 
TITLE IV—ECONOMIC IMPACT OF RESEARCH GRANTS 
Sec. 401. Economic impact of research grants. 
TITLE V—REGULATIONS 
Sec. 501. Short title; table of contents. 
Sec. 502. Clarification and expansion of rules covered by the Regulatory Flexi-
bility Act. 
Sec. 503. Expansion of report of regulatory agenda. 
Sec. 504. Requirements providing for more detailed analyses. 
Sec. 505. Repeal of waiver and delay authority; Additional powers of the Chief 
Counsel for Advocacy. 
Sec. 506. Procedures for gathering comments. 
Sec. 507. Periodic review of rules. 
Sec. 508. Judicial review of compliance with the requirements of the Regulatory 
Flexibility Act available after publication of the final rule. 
Sec. 509. Jurisdiction of court of appeals over rules implementing the Regu-
latory Flexibility Act. 
Sec. 510. Clerical amendments. 
Sec. 511. Agency preparation of guides. 
TITLE VI—VOCATIONAL TRAINING AT STATE LEVEL 
Sec. 601. Findings. 
Sec. 602. Sense of Congress. 
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(1) in subparagraph (B) by striking ‘‘or 2011’’ 
and inserting ‘‘, 2011, or 2012’’, 
(2) in subparagraph (C) by striking ‘‘2012’’ 
and inserting ‘‘2013’’, and 
(3) in subparagraph (D) by striking ‘‘2012’’ 
and inserting ‘‘2013’’. 
(b) REDUCTION IN LIMITATION.—Paragraph (2) of 
section 179(b) of such Code is amended— 
(1) in subparagraph (B) by striking ‘‘or 2011’’ 
and inserting ‘‘, 2011, or 2012’’, 
(2) in subparagraph (C) by striking ‘‘2012’’ 
and inserting ‘‘2013’’, and 
(3) in subparagraph (D) by striking ‘‘2012’’ 
and inserting ‘‘2013’’. 
(c) INFLATION ADJUSTMENT.—Subparagraph (A) of 
section 179(b) of such Code is amended by striking 
‘‘2012’’ and inserting ‘‘2013’’. 
(d) 
COMPUTER
SOFTWARE.—Section 
179(d)(1)(A)(ii) of such Code is amended by striking 
‘‘2013’’ and inserting ‘‘2014’’. 
(e) CONFORMING AMENDMENT.—Section 179(c)(2) 
of such Code is amended by striking ‘‘2013’’ and inserting 
‘‘2014’’. 
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(f) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2012. 
SEC. 203. MAXIMUM CORPORATE INCOME TAX RATE RE-
DUCED TO 25 PERCENT FOR 2013. 
(a) IN GENERAL.—Subsection (b) of section 11 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
‘‘(3) SPECIAL RULE FOR 2013.—In the case of 
a taxable year beginning in 2013— 
‘‘(A) in lieu of paragraph (1), the amount 
of the tax imposed by subsection (a) shall be 
the sum of— 
‘‘(i) 15 percent of so much of the tax-
able income as does not exceed $50,000, 
and 
‘‘(ii) 25 percent of so much of the tax-
able income as exceeds $50,000, 
‘‘(B) paragraph (2) shall be applied by 
substituting ‘25 percent’ for ‘35 percent’, and 
‘‘(C) paragraphs (1) and (2) of section 
1445(e) shall be applied by substituting ‘25 
percent’ for ‘35 percent’.’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to taxable years beginning after 
December 31, 2012. 
SEC. 204. TEMPORARY EXTENSION OF 2001 TAX RELIEF. 
(a) IN GENERAL.—Section 901 of the Economic 
Growth and Tax Relief Reconciliation Act of 2001 is 
amended by striking ‘‘December 31, 2012’’ both places it 
appears and inserting ‘‘December 31, 2013’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect as if included in the enact-
ment of the Economic Growth and Tax Relief Reconcili-
ation Act of 2001. 
SEC. 205. TEMPORARY EXTENSION OF 2003 TAX RELIEF. 
(a) IN GENERAL.—Section 303 of the Jobs and 
Growth Tax Relief Reconciliation Act of 2003 is amended 
by striking ‘‘December 31, 2012’’ and inserting ‘‘Decem-
ber 31, 2013’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect as if included in the enact-
ment of the Jobs and Growth Tax Relief Reconciliation 
Act of 2003. 
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TITLE III—WORKFORCE 
TRAINING 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘American Manufac-
turing Efficiency and Retraining Investment Collaboration 
Achievement Works Act’’ or the ‘‘AMERICA Works Act’’. 
SEC. 302. INDUSTRY-RECOGNIZED AND NATIONALLY PORT-
ABLE CREDENTIALS FOR JOB TRAINING PRO-
GRAMS. 
(a) WORKFORCE INVESTMENT ACT OF 1998.— 
(1) GENERAL EMPLOYMENT AND TRAINING AC-
TIVITIES.—Section 134(d)(4)(F) of the Workforce 
Investment Act of 1998 (29 U.S.C. 2864(d)(4)(F)) 
is amended by adding at the end the following: 
‘‘(iv) PRIORITY FOR PROGRAMS THAT 
PROVIDE AN INDUSTRY-RECOGNIZED AND 
NATIONALLY PORTABLE CREDENTIAL.—In 
selecting and approving training services, 
or programs of training services, under 
this section, a one-stop operator and em-
ployees of a one-stop center referred to in 
subsection (c) shall give priority consider-
ation to services and programs (approved 
by the appropriate State agency and local 
board in conjunction with section 122) that 
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lead to a credential that is in high demand 
in the local area served and listed in the 
registry described in section 3(b) of the 
AMERICA Works Act.’’. 
(2) YOUTH ACTIVITIES.—Section 129(c)(1)(C) 
of the Workforce Investment Act of 1998 (29 U.S.C. 
2854(c)(1)(C)) is amended— 
(A) by redesignating clauses (ii) through 
(iv) as clauses (iii) through (v), respectively; 
and 
(B) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) training (with priority consider-
ation given to programs that lead to a cre-
dential that is in high demand in the local 
area served and listed in the registry de-
scribed in section 3(b) of the AMERICA 
Works Act, if the local board determines 
that such programs are available and ap-
propriate);’’. 
(b) CAREER AND TECHNICAL EDUCATION.— 
(1) STATE PLAN.—Section 122(c)(1)(B) of the 
Carl D. Perkins Career and Technical Education 
Act of 2006 (20 U.S.C. 2342(c)(1)(B)) is amended 
by striking the semicolon at the end and inserting 
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the following: ‘‘and, with respect to programs of 
study leading to an industry-recognized credential or 
certificate, will give priority consideration to pro-
grams of study that— 
‘‘(i) lead to an appropriate (as deter-
mined by the eligible agency) skills creden-
tial (which may be a certificate) that is in 
high demand in the area served and listed 
in the registry described in section 3(b) of 
the AMERICA Works Act; and 
‘‘(ii) may provide a basis for addi-
tional credentials, certificates, or degrees;’’. 
(2) USE OF LOCAL FUNDS.—Section 134(b) of 
the Carl D. Perkins Career and Technical Education 
Act of 2006 (20 U.S.C. 2354(b)) is amended— 
(A) in paragraph (11), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (12)(B), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(13) describe the career and technical edu-
cation activities supporting the attainment of indus-
try-recognized credentials or certificates, and how 
the eligible recipient, in selecting such activities, 
gave priority consideration to activities supporting 
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high-demand registry skill credentials described in 
section 122(c)(1)(B)(i).’’. 
(3) 
TECH-PREP
PROGRAMS.—Section 
203(c)(2)(E) of the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 
2373(c)(2)(E)) is amended by striking ‘‘industry- 
recognized credential, a certificate,’’ and inserting 
‘‘industry-recognized credential or certificate (such 
as a high-demand registry skill credential described 
in section 122(c)(1)(B)(i)),’’. 
(c) TRAINING PROGRAMS UNDER TAA.—Section 
236(a)(5) of the Trade Act of 1974 (19 U.S.C. 
2296(a)(5)) is amended by inserting after the sentence 
that follows subparagraph (H)(ii) the following: ‘‘In ap-
proving training programs under paragraph (1), the Sec-
retary shall give priority consideration to programs that 
lead to a credential that is in high demand in the local 
area (defined for purposes of title I of the Workforce In-
vestment Act of 1998 (29 U.S.C. 2801 et seq.)) served 
by the corresponding one-stop delivery system under that 
title for the training programs, and that is listed in the 
registry described in section 3(b) of the AMERICA Works 
Act.’’. 
SEC. 303. SKILL CREDENTIAL REGISTRY. 
(a) DEFINITIONS.—In this section: 
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(1) COVERED PROVISION.—The term ‘‘covered 
provision’’ means any of sections 129 and 134 of the 
Workforce Investment Act of 1998 (29 U.S.C. 2854, 
2864), section 122(c)(1)(B) of the Carl D. Perkins 
Career and Technical Education Act of 2006 (20 
U.S.C. 2342(c)(1)(B)), and section 236 of the Trade 
Act of 1974 (19 U.S.C. 2296). 
(2) INDUSTRY-RECOGNIZED.—The term ‘‘indus-
try-recognized’’, used with respect to a credential, 
means a credential that— 
(A) is sought or accepted by companies 
within the industry sector involved as recog-
nized, preferred, or required for recruitment, 
screening, or hiring; and 
(B) is endorsed by a nationally recognized 
trade association or organization representing a 
significant part of the industry sector. 
(3) NATIONALLY PORTABLE.—The term ‘‘na-
tionally portable’’, used with respect to a credential, 
means a credential that is sought or accepted by 
companies within the industry sector involved, across 
multiple States, as recognized, preferred, or required 
for recruitment, screening, or hiring. 
(4) WORKFORCE
INVESTMENT
ACTIVITIES.— 
The term ‘‘workforce investment activities’’ has the 
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meaning given the term in section 101 of the Work-
force Investment Act of 1998 (29 U.S.C. 2801). 
(b) REGISTRY.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of enactment of this Act, the Sec-
retary of Labor (referred to in this section as the 
‘‘Secretary’’) shall create a registry of skill creden-
tials (which may be certificates), for purposes of en-
abling programs that lead to such a credential to re-
ceive priority under a covered provision. 
(2) REGISTRY.—The Secretary shall— 
(A) list the credential in the registry if the 
credential is required by Federal or State law 
for an occupation (such as a credential required 
by a State law regarding qualifications for a 
health care occupation); 
(B) list the credential in the registry if the 
credential is a credential from the Manufac-
turing Institute-Endorsed Manufacturing Skills 
Certification System; and 
(C) list the credential, and list an updated 
credential, in the registry if the credential in-
volved is an industry-recognized, nationally 
portable credential that is consistent with the 
Secretary’s established industry competency 
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models and is consistently updated through 
third party validation to reflect changing indus-
try competencies. 
(c) RULE OF CONSTRUCTION.—Nothing in this title 
shall be construed to require an entity with responsibility 
for selecting or approving an education, training, or work-
force investment activities program with regard to a cov-
ered provision, to select a program with a credential listed 
in the registry described in subsection (b). 
SEC. 304. EFFECTIVE DATE. 
This title, and the amendments made by this title, 
take effect 120 days after the date of enactment of this 
Act. 
TITLE IV—ECONOMIC IMPACT 
OF RESEARCH GRANTS 
SEC. 401. ECONOMIC IMPACT OF RESEARCH GRANTS. 
The Secretary of Labor and the Secretary of Com-
merce shall prepare for each research grant made by their 
departments a statement describing the economic impact 
of the activities to be carried out using the grant funding. 
TITLE V—REGULATIONS 
SEC. 501. SHORT TITLE; TABLE OF CONTENTS. 
This title may be cited as the ‘‘Regulatory Flexibility 
Improvements Act of 2012’’. 
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SEC. 502. 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: 
‘‘(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-
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sults from such rule (without regard to whether 
small entities will be directly regulated by the 
rule).’’. 
(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- 
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Determination and Education Assistance Act (25 U.S.C. 
450b(l))),’’ after ‘‘special districts,’’. 
(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: 
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‘‘(10) LAND MANAGEMENT PLAN.— 
‘‘(A) IN GENERAL.—The term ‘land man-
agement plan’ means— 
‘‘(i) any plan developed by the Sec-
retary of Agriculture under section 6 of 
the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 
1604); and 
‘‘(ii) any plan developed by the Sec-
retary 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’ 
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)(5) of the Forest and Rangeland Re-
newable 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 sec-
tion 1610.5–6 of title 43, Code of Federal 
Regulations (or any successor regulation). 
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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.’’. 
(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.’’. 
(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.— 
‘‘(A) IN GENERAL.—The term ‘small orga-
nization’ means any not-for-profit enterprise 
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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 
Office of Advocacy of the Small Business Ad-
ministration and after opportunity for public 
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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. 503. EXPANSION OF REPORT OF REGULATORY AGEN-
DA. 
Section 602 of title 5, United States Code, is amend-
ed— 
(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) in subsection (c), to read as follows: 
‘‘(c) Each agency shall prominently display a plain 
language summary of the information contained in the 
regulatory flexibility agenda published under subsection 
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(a) on its website within 3 days of its publication in the 
Federal Register. The Office of Advocacy of the Small 
Business Administration shall compile and prominently 
display a plain language summary of the regulatory agen-
das referenced in subsection (a) for each agency on its 
website within 3 days of their publication in the Federal 
Register.’’. 
SEC. 504. 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, or the cumulative 
impact of any other rule stemming from the imple-
mentation of the Free Trade Agreements, 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 
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(C) by adding at the end the following: 
‘‘(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: 
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‘‘(a) A Federal agency shall be treated as satisfying 
any requirement regarding the content of an agenda or 
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’’ 
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 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. 505. 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 Improvements Act 
of 2012, 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 sub-
section) shall not apply with respect to the issuance, modi-
fication, 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. 506. PROCEDURES FOR GATHERING COMMENTS. 
Section 609 of title 5, United States Code, is amend-
ed by striking subsection (b) and all that follows through 
the end of the section and inserting 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). 
‘‘(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-
pose of obtaining advice, input, and recommenda-
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tions from those persons about the potential eco-
nomic impacts of the proposed rule and the compli-
ance of the agency with section 603; 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), an employee 
from the Office of Information and Regulatory Af-
fairs of the Office of Management and Budget to re-
view 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), the Office of Informa-
tion 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, 
including an assessment of the proposed rule’s impact on 
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the cost that small entities pay for energy, and a discus-
sion of any alternatives that will minimize adverse signifi-
cant economic impacts or maximize beneficial significant 
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. 507. 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) The plan shall include a section that details how 
an agency will conduct outreach to and meaningfully in-
clude small businesses for the purposes of carrying out 
this section. The agency shall include in this section a plan 
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for how the agency will contact small businesses and gath-
er their input on existing agency rules. 
‘‘(d) 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-
cies other than independent regulatory agencies (as de-
fined 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. Such report shall in-
clude the identification of any rule with respect to which 
the head of the agency made a determination described 
in paragraph (5) or (6) of subsection (e) and a detailed 
explanation of the reasons for such determination. 
‘‘(e) In reviewing a rule pursuant to subsections (a) 
through (d), 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. 
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‘‘(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. 
‘‘(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, territorial, 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 (d). 
‘‘(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. 
‘‘(f) 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-
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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-
istration, and the Regulatory Enforcement Ombudsman 
concerning the enforcement of the rule.’’. 
SEC. 508. 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’’. 
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(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-
riod ‘‘or agency compliance with section 601, 603, 604, 
605(b), 609, or 610’’. 
SEC. 509. 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 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 
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(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. 510. 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’’; 
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(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 
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(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. 511. 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.’’. 
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TITLE VI—VOCATIONAL 
TRAINING AT STATE LEVEL 
SEC. 601. FINDINGS. 
The Congress finds that— 
(1) high schools, community colleges, technical 
schools, as well as public and private universities 
and colleges should, when opportunities are available 
and viable, establish local and statewide partnerships 
with industry, especially manufacturing companies; 
(2) these partnerships include, but are not lim-
ited to, targeting curriculum and course work, in 
conjunction with private businesses and industry cer-
tification organizations that provide industry recog-
nized nationally portable skills to meet the needs of 
industry; and 
(3) these partnerships will connect the intellec-
tual knowledge available at our technical colleges, 
our two year universities, and at our four year col-
leges and universities with business leaders in order 
to create a synergism that encourages businesses to 
grow and expand through the availability of a higher 
skilled workforce. 
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SEC. 602. SENSE OF CONGRESS. 
It is the sense of Congress that schools should estab-
lish local and statewide partnerships with industry, espe-
cially manufacturing companies. 
Æ 
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