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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. 
‘‘(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. 
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‘‘(f) Each year, each agency shall publish in the Fed-
eral Register and on its website a list of rules to be re-
viewed pursuant to such plan. The agency shall include 
in the publication a solicitation of public comments on any 
further inclusions or exclusions of rules from the list, and 
shall respond to such comments. Such publication shall 
include a brief description of the rule, the reason why the 
agency determined that it has a significant economic im-
pact on a substantial number of small entities (without 
regard to whether it had prepared a final regulatory flexi-
bility analysis for the rule), and request comments from 
the public, the Chief Counsel for Advocacy of the Small 
Business Administration, and the Regulatory Enforce-
ment Ombudsman concerning the enforcement of the 
rule.’’. 
SEC. 308. 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-
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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-
riod ‘‘or agency compliance with section 601, 603, 604, 
605(b), 609, or 610’’. 
SEC. 309. 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 
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(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,’’. 
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SEC. 310. ESTABLISHMENT AND APPROVAL OF SMALL BUSI-
NESS CONCERN SIZE STANDARDS BY CHIEF 
COUNSEL FOR ADVOCACY. 
(a) IN GENERAL.—Subparagraph (A) of section 
3(a)(2) 
of 
the 
Small 
Business 
Act 
(15 
U.S.C. 
632(a)(2)(A)) is amended to read as follows: 
‘‘(A) IN GENERAL.—In addition to the cri-
teria specified in paragraph (1)— 
‘‘(i) the Administrator may specify de-
tailed definitions or standards by which a 
business concern may be determined to be 
a small business concern for purposes of 
this Act or the Small Business Investment 
Act of 1958; and 
‘‘(ii) the Chief Counsel for Advocacy 
may specify such definitions or standards 
for purposes of any other Act.’’. 
(b) APPROVAL BY CHIEF COUNSEL.—Clause (iii) of 
section 3(a)(2)(C) of the Small Business Act (15 U.S.C. 
632(a)(2)(C)(iii)) is amended to read as follows: 
‘‘(iii) except in the case of a size 
standard prescribed by the Administrator, 
is approved by the Chief Counsel for Advo-
cacy.’’. 
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(c) INDUSTRY VARIATION.—Paragraph (3) of section 
3(a) of the Small Business Act (15 U.S.C. 632(a)(3)) is 
amended— 
(1) by inserting ‘‘or Chief Counsel for Advo-
cacy, as appropriate’’ before ‘‘shall ensure’’; and 
(2) by inserting ‘‘or Chief Counsel for Advo-
cacy’’ before the period at the end. 
(d) JUDICIAL REVIEW
OF SIZE STANDARDS AP-
PROVED BY CHIEF COUNSEL.—Section 3(a) of the Small 
Business Act (15 U.S.C. 632(a)) is amended by adding 
at the end the following new paragraph: 
‘‘(9) JUDICIAL
REVIEW
OF
STANDARDS
AP-
PROVED BY CHIEF COUNSEL.—In the case of an ac-
tion for judicial review of a rule which includes a 
definition or standard approved by the Chief Counsel 
for Advocacy under this subsection, the party seek-
ing such review shall be entitled to join the Chief 
Counsel as a party in such action.’’. 
SEC. 311. CLERICAL AMENDMENTS. 
(a) DEFINITIONS.—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 
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(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) INCORPORATIONS BY REFERENCE AND CERTIFI-
CATIONS.—The heading of section 605 of title 5, United 
States Code, is amended to read as follows: 
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‘‘§ 605. Incorporations by reference and certifi-
cations’’. 
(c) TABLE OF SECTIONS.—The table of sections for 
chapter 6 of title 5, United States Code, is amended— 
(1) by striking the item relating to section 605 
and inserting the following 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) OTHER CLERICAL AMENDMENTS TO CHAPTER 
6.—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. 312. 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-
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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.’’. 
SEC. 313. COMPTROLLER GENERAL REPORT. 
Not later than 90 days after the date of enactment 
of this title, the Comptroller General of the United States 
shall complete and publish a study that examines whether 
the Chief Counsel for Advocacy of the Small Business Ad-
ministration has the capacity and resources to carry out 
the duties of the Chief Counsel under this title and the 
amendments made by this title. 
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TITLE IV—SUNSHINE FOR REGU-
LATORY DECREES AND SET-
TLEMENTS ACT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Sunshine for Regu-
latory Decrees and Settlements Act of 2014’’. 
SEC. 402. DEFINITIONS. 
In this title— 
(1) the terms ‘‘agency’’ and ‘‘agency action’’ 
have the meanings given those terms under section 
551 of title 5, United States Code; 
(2) the term ‘‘covered civil action’’ means a civil 
action— 
(A) seeking to compel agency action; 
(B) alleging that the agency is unlawfully 
withholding or unreasonably delaying an agency 
action relating to a regulatory action that would 
affect the rights of— 
(i) private persons other than the per-
son bringing the action; or 
(ii) a State, local, or tribal govern-
ment; and 
(C) brought under— 
(i) chapter 7 of title 5, United States 
Code; or 
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(ii) any other statute authorizing such 
an action; 
(3) the term ‘‘covered consent decree’’ means— 
(A) a consent decree entered into in a cov-
ered civil action; and 
(B) any other consent decree that requires 
agency action relating to a regulatory action 
that affects the rights of— 
(i) private persons other than the per-
son bringing the action; or 
(ii) a State, local, or tribal govern-
ment; 
(4) the term ‘‘covered consent decree or settle-
ment agreement’’ means a covered consent decree 
and a covered settlement agreement; and 
(5) the term ‘‘covered settlement agreement’’ 
means— 
(A) a settlement agreement entered into in 
a covered civil action; and 
(B) any other settlement agreement that 
requires agency action relating to a regulatory 
action that affects the rights of— 
(i) private persons other than the per-
son bringing the action; or 
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(ii) a State, local, or tribal govern-
ment. 
SEC. 403. CONSENT DECREE AND SETTLEMENT REFORM. 
(a) PLEADINGS AND PRELIMINARY MATTERS.— 
(1) IN GENERAL.—In any covered civil action, 
the agency against which the covered civil action is 
brought shall publish the notice of intent to sue and 
the complaint in a readily accessible manner, includ-
ing by making the notice of intent to sue and the 
complaint available online not later than 15 days 
after receiving service of the notice of intent to sue 
or complaint, respectively. 
(2) ENTRY OF A COVERED CONSENT DECREE 
OR
SETTLEMENT
AGREEMENT.—A party may not 
make a motion for entry of a covered consent decree 
or to dismiss a civil action pursuant to a covered set-
tlement agreement until after the end of proceedings 
in accordance with paragraph (1) and subpara-
graphs (A) and (B) of paragraph (2) of subsection 
(d) or subsection (d)(3)(A), whichever is later. 
(b) INTERVENTION.— 
(1) REBUTTABLE
PRESUMPTION.—In consid-
ering a motion to intervene in a covered civil action 
or a civil action in which a covered consent decree 
or settlement agreement has been proposed that is 
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filed by a person who alleges that the agency action 
in dispute would affect the person, the court shall 
presume, subject to rebuttal, that the interests of 
the person would not be represented adequately by 
the existing parties to the action. 
(2) STATE, 
LOCAL, 
AND
TRIBAL
GOVERN-
MENTS.—In considering a motion to intervene in a 
covered civil action or a civil action in which a cov-
ered consent decree or settlement agreement has 
been proposed that is filed by a State, local, or tribal 
government, the court shall take due account of 
whether the movant— 
(A) administers jointly with an agency that 
is a defendant in the action the statutory provi-
sions that give rise to the regulatory action to 
which the action relates; or 
(B) administers an authority under State, 
local, or tribal law that would be preempted by 
the regulatory action to which the action re-
lates. 
(c) SETTLEMENT NEGOTIATIONS.—Efforts to settle 
a covered civil action or otherwise reach an agreement on 
a covered consent decree or settlement agreement shall— 
(1) be conducted pursuant to the mediation or 
alternative dispute resolution program of the court 
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or by a district judge other than the presiding judge, 
magistrate judge, or special master, as determined 
appropriate by the presiding judge; and 
(2) include any party that intervenes in the ac-
tion. 
(d) PUBLICATION OF AND COMMENT ON COVERED 
CONSENT DECREES OR SETTLEMENT AGREEMENTS.— 
(1) IN GENERAL.—Not later than 60 days be-
fore the date on which a covered consent decree or 
settlement agreement is filed with a court, the agen-
cy seeking to enter the covered consent decree or 
settlement agreement shall publish in the Federal 
Register and online— 
(A) the proposed covered consent decree or 
settlement agreement; and 
(B) a statement providing— 
(i) the statutory basis for the covered 
consent decree or settlement agreement; 
and 
(ii) a description of the terms of the 
covered consent decree or settlement agree-
ment, including whether it provides for the 
award of attorneys’ fees or costs and, if so, 
the basis for including the award. 
(2) PUBLIC COMMENT.— 
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(A) IN GENERAL.—An agency seeking to 
enter a covered consent decree or settlement 
agreement shall accept public comment during 
the period described in paragraph (1) on any 
issue relating to the matters alleged in the com-
plaint in the applicable civil action or addressed 
or affected by the proposed covered consent de-
cree or settlement agreement. 
(B) RESPONSE TO COMMENTS.—An agency 
shall respond to any comment received under 
subparagraph (A). 
(C) SUBMISSIONS TO COURT.—When mov-
ing that the court enter a proposed covered con-
sent decree or settlement agreement or for dis-
missal pursuant to a proposed covered consent 
decree or settlement agreement, an agency 
shall— 
(i) inform the court of the statutory 
basis for the proposed covered consent de-
cree or settlement agreement and its 
terms; 
(ii) submit to the court a summary of 
the comments received under subparagraph 
(A) and the response of the agency to the 
comments; 
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(iii) submit to the court a certified 
index of the administrative record of the 
notice and comment proceeding; and 
(iv) make the administrative record 
described in clause (iii) fully accessible to 
the court. 
(D) INCLUSION
IN
RECORD.—The court 
shall include in the court record for a civil ac-
tion the certified index of the administrative 
record submitted by an agency under subpara-
graph (C)(iii) and any documents listed in the 
index which any party or amicus curiae appear-
ing before the court in the action submits to the 
court. 
(3) PUBLIC HEARINGS PERMITTED.— 
(A) IN GENERAL.—After providing notice 
in the Federal Register and online, an agency 
may hold a public hearing regarding whether to 
enter into a proposed covered consent decree or 
settlement agreement. 
(B) RECORD.—If an agency holds a public 
hearing under subparagraph (A)— 
(i) the agency shall— 
(I) submit to the court a sum-
mary of the proceedings; 
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(II) submit to the court a cer-
tified index of the hearing record; and 
(III) provide access to the hear-
ing record to the court; and 
(ii) the full hearing record shall be in-
cluded in the court record. 
(4) MANDATORY
DEADLINES.—If a proposed 
covered consent decree or settlement agreement re-
quires an agency action by a date certain, the agen-
cy shall, when moving for entry of the covered con-
sent decree or settlement agreement or dismissal 
based on the covered consent decree or settlement 
agreement, inform the court of— 
(A) any required regulatory action the 
agency has not taken that the covered consent 
decree or settlement agreement does not ad-
dress; 
(B) how the covered consent decree or set-
tlement agreement, if approved, would affect 
the discharge of the duties described in sub-
paragraph (A); and 
(C) why the effects of the covered consent 
decree or settlement agreement on the manner 
in which the agency discharges its duties is in 
the public interest. 
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