IB 
Union Calendar No. 191 
112TH CONGRESS 
1ST SESSION 
H. R. 527 
[Report No. 112–289, Parts I and II] 
To amend chapter 6 of title 5, United States Code (commonly known as 
the Regulatory Flexibility Act), to ensure complete analysis of potential 
impacts on small entities of rules, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2011 
Mr. SMITH of Texas (for himself, Mr. GRAVES of Missouri, and Mr. COBLE) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on Small Business, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
NOVEMBER 16, 2011 
Additional sponsors: Mr. GALLEGLY, Mr. FRANKS of Arizona, Mr. GOWDY, 
Mr. REED, Mr. ROSS of Florida, Mr. KING of New York, Mr. MANZULLO, 
Ms. FOXX, Mr. SHUSTER, Mr. DANIEL E. LUNGREN of California, Mr. 
GRIFFIN of Arkansas, Mr. GIBBS, Mr. GRIMM, Mr. JOHNSON of Ohio, 
Mr. TURNER of Ohio, Mr. DAVIS of Kentucky, Mr. DUNCAN of Ten-
nessee, Mr. SENSENBRENNER, Mr. GOODLATTE, Mr. POE of Texas, Mr. 
FRELINGHUYSEN, Mrs. BLACK, Mr. MCKINLEY, and Mr. BROOKS 
NOVEMBER 16, 2011 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
NOVEMBER 16, 2011 
Reported from the Committee on Small Business with an amendment 
[Strike out all after the enacting clause and insert the part printed in boldface roman] 
[For text of introduced bill, see copy of bill as introduced on February 8, 2011] 
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A BILL 
To amend chapter 6 of title 5, United States Code (com-
monly known as the Regulatory Flexibility Act), to en-
sure complete analysis of potential impacts on small enti-
ties of rules, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Regulatory Flexibility Improvements Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Clarification and expansion of rules covered by the Regulatory Flexibility 
Act. 
Sec. 3. Requirements providing for more detailed analyses. 
Sec. 4. Repeal of waiver and delay authority; additional powers of the Chief 
Counsel for Advocacy. 
Sec. 5. Procedures for gathering comments. 
Sec. 6. Periodic review of rules. 
Sec. 7. Judicial review of compliance with the requirements of the Regulatory 
Flexibility Act available after publication of the final rule. 
Sec. 8. Jurisdiction of court of appeals over rules implementing the Regulatory 
Flexibility Act. 
Sec. 9. Clerical amendments. 
SEC. 2. 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, except 
that such term does not include a rule of particular 
(and not general) applicability relating to rates, 
wages, corporate or financial structures or reorga-
nizations thereof, prices, facilities, appliances, serv-
ices, or allowances therefor or to valuations, costs or 
accounting, or practices relating to such rates, wages, 
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structures, prices, appliances, services, or allow-
ances.’’. 
(b) INCLUSION OF RULES WITH INDIRECT EFFECTS.— 
Section 601 of title 5, United States Code, is amended by 
adding at the end the following new paragraph: 
‘‘(9) ECONOMIC
IMPACT.—The term ‘economic 
impact’ means, with respect to a proposed or final 
rule— 
‘‘(A) any direct economic effect on small en-
tities 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).’’. 
(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 flexibility 
analysis shall also contain a detailed description of 
alternatives to the proposed rule which minimize any 
adverse significant economic impact or maximize any 
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beneficial significant economic impact on small enti-
ties.’’. 
(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 ORGANI-
ZATIONS.—Paragraph (5) of section 601 of title 5, United 
States Code, is amended by inserting ‘‘and tribal organiza-
tions (as defined in section 4(l) of the Indian Self-Deter-
mination 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 sentence— 
(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,’’. 
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(2) FINAL
REGULATORY
FLEXIBILITY
ANAL-
YSIS.—Subsection (a) of section 604 of title 5, United 
States Code, is amended in the first sentence— 
(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.—Section 
601 of title 5, United States Code, is amended by 
adding at the end the following new paragraph: 
‘‘(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 Resources 
Planning Act of 1974 (16 U.S.C. 1604); 
and 
‘‘(ii) any plan developed by the Sec-
retary of 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— 
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‘‘(i) in the case of a plan described in 
subparagraph (A)(i), is made under section 
6(f)(5) of the Forest and Rangeland Renew-
able 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 section 
1610.5–6 of title 43, Code of Federal Regu-
lations (or any successor regulation). 
‘‘(C) AMENDMENT.—The term ‘amendment’ 
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 Renew-
able Resources Planning Act of 1974 (16 
U.S.C. 1604(f)(4)) and with respect to 
which the Secretary of Agriculture prepares 
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 section 
1610.5–5 of title 43, Code of Federal Regu-
lations (or any successor regulation) and 
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with respect to which the Secretary of the 
Interior prepares a statement described in 
section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).’’. 
(f) INCLUSION OF CERTAIN INTERPRETIVE RULES IN-
VOLVING THE INTERNAL REVENUE LAWS.— 
(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 record-
keeping requirement, and without regard to whether 
such requirement is imposed by statute or regula-
tion.’’. 
(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.’’. 
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(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 organi-
zation’ 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 es-
tablished by the Administrator of the Small 
Business Administration pursuant to sec-
tion 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 em-
ployees. 
‘‘(B) LOCAL
LABOR
ORGANIZATIONS.—In 
the case of any local labor organization, sub-
paragraph (A) shall be applied without regard to 
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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 extent 
that an agency, after consultation with the Office 
of Advocacy of the Small Business Administra-
tion and after opportunity for public comment, 
establishes one or more definitions for such term 
which are appropriate to the activities of the 
agency and publishes such definitions in the 
Federal Register.’’. 
SEC. 3. REQUIREMENTS PROVIDING FOR MORE DETAILED 
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; 
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‘‘(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 requirement 
and the type of professional skills necessary for prepa-
ration 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 en-
tities 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’’; 
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(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: 
‘‘(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 regu-
latory 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 obtained.’’. 
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(c) CROSS-REFERENCES TO OTHER ANALYSES.—Sub-
section (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 reg-
ulatory 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 anal-
ysis 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 follows: 
‘‘§ 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 
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‘‘(2) a more general descriptive statement and a 
detailed statement explaining why quantification is 
not practicable or reliable.’’. 
SEC. 4. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDI-
TIONAL 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 2011, the Chief Counsel for Advocacy of the Small Busi-
ness Administration shall, after opportunity for notice and 
comment under section 553, issue rules governing agency 
compliance with this chapter. The Chief Counsel may mod-
ify 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 supplement 
the rules issued under subsection (a) unless such agency has 
first consulted with the Chief Counsel for Advocacy to en-
sure that such supplemental rules comply with this chapter 
and the rules issued under paragraph (1). 
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‘‘(b) Notwithstanding any other law, the Chief Counsel 
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 such adju-
dication), and may inform the agency of the impact 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 Counsel intervenes 
under this subsection. 
‘‘(c) The Chief Counsel for Advocacy may file com-
ments in response to any agency notice requesting comment, 
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 amended— 
(A) by striking subparagraph (B); and 
(B) by striking ‘‘(3)(A) A small entity’’ and 
inserting the following: 
‘‘(3) A small entity’’. 
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SEC. 5. PROCEDURES FOR GATHERING COMMENTS. 
Section 609 of title 5, United States Code, is amended 
by striking subsection (b) and all that follows through the 
end of the section and inserting the following: 
‘‘(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 Business 
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 paragraph 
(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 Administration 
shall— 
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‘‘(1) identify small entities or representatives of 
small entities or a combination of both for the pur-
pose of obtaining advice, input, and recommendations 
from those persons about the potential economic im-
pacts of the proposed rule and the compliance of the 
agency with section 603; and 
‘‘(2) convene a review panel consisting of an em-
ployee from the Office of Advocacy of the Small Busi-
ness Administration, an employee from the agency 
making the rule, and in the case of an agency other 
than an independent regulatory agency (as defined in 
section 3502(5) of title 44), an employee from the Of-
fice of Information and Regulatory Affairs of the Of-
fice of Management and Budget to review the mate-
rials 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 Counsel 
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 agency other 
than an independent regulatory agency (as defined in sec-
tion 3502(5) of title 44), the Office of Information and Reg-
ulatory Affairs of the Office of Management and Budget. 
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‘‘(2) Such report shall include an assessment of the eco-
nomic impact of the proposed rule on small entities and 
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 Regu-
latory Affairs of the Office of Management and Budget, the 
head of the agency (or the delegatee of the head of the agen-
cy), or an independent regulatory agency determines 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 
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compete with foreign-based enterprises in domestic 
and export markets; or 
‘‘(4) a significant economic impact on a substan-
tial number of small entities. 
‘‘(f) Upon application by the agency, the Chief Counsel 
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 require-
ments of such subsections are impracticable, unnecessary, 
or contrary to the public interest.’’. 
SEC. 6. PERIODIC REVIEW OF RULES. 
Section 610 of title 5, United States Code, is amended 
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 determines 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 continued without change, or 
should be amended or rescinded, consistent with the stated 
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objectives of applicable statutes, to minimize any adverse 
significant economic impacts or 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 revision in the Federal Reg-
ister 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 Federal 
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 agency deter-
mines 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 
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the Congress, the Chief Counsel for Advocacy of the Small 
Business Administration, and, in the case of agencies other 
than independent regulatory agencies (as defined in section 
3502(5) of title 44) to the Administrator of the Office of 
Information and Regulatory Affairs of the Office of Man-
agement and Budget. Such report shall include the identi-
fication of any rule with respect to which the head of the 
agency made a determination described in paragraph (5) 
or (6) of subsection (d) and a detailed explanation of the 
reasons for such determination. 
‘‘(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 greatest 
extent possible, consistent with the stated objectives of appli-
cable statutes. In amending or rescinding the rule, the agen-
cy 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. 
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‘‘(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, dupli-
cates, or conflicts with other Federal rules and, unless 
the head of the agency determines it to be infeasible, 
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 (c). 
‘‘(7) The length of time since the rule has been 
evaluated or the degree to which technology, economic 
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 descrip-
tion of the rule, the reason why the agency determined that 
it has a significant economic impact on a substantial num-
ber of small entities (without regard to whether it had pre-
pared a final regulatory flexibility analysis for the rule), 
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and request comments from the public, the Chief Counsel 
for Advocacy of the Small Business Administration, and 
the Regulatory Enforcement Ombudsman concerning the 
enforcement of the rule.’’. 
SEC. 7. 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 ‘‘except 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 period 
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‘‘or agency compliance with section 601, 603, 604, 605(b), 
609, or 610’’. 
SEC. 8. 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 paragpraph (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: 
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‘‘(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 chap-
ter 7,’’ after ‘‘this chapter,’’. 
SEC. 9. 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)— 
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(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 amend-
ed as follows: 
(1) In section 603, by striking subsection (d). 
(2) In section 604(a) by striking the second 
paragraph (6). 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as 
the ‘‘Regulatory Flexibility Improvements Act 
of 2011’’. 
(b) TABLE OF CONTENTS.—The table of con-
tents of this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Clarification and expansion of rules covered by the 
Regulatory Flexibility Act. 
Sec. 3. Expansion of report of regulatory agenda. 
Sec. 4. Requirements providing for more detailed analyses. 
Sec. 5. Repeal of waiver and delay authority; Additional pow-
ers of the Chief Counsel for Advocacy. 
Sec. 6. Procedures for gathering comments. 
Sec. 7. Periodic review of rules. 
Sec. 8. Judicial review of compliance with the requirements of 
the Regulatory Flexibility Act available after pub-
lication of the final rule. 
Sec. 9. Jurisdiction of court of appeals over rules imple-
menting the Regulatory Flexibility Act. 
Sec. 10. Clerical amendments. 
Sec. 11. Agency preparation of guides. 
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SEC. 2. 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, except that such term 
does not include a rule of particular (and 
not general) applicability relating to 
rates, wages, corporate or financial struc-
tures or reorganizations thereof, prices, 
facilities, appliances, services, or allow-
ances therefor or to valuations, costs or 
accounting, or practices relating to such 
rates, wages, structures, prices, appli-
ances, 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 fol-
lowing new paragraph: 
‘‘(9) ECONOMIC IMPACT.—The term ‘eco-
nomic impact’ means, with respect to a 
proposed or final rule— 
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‘‘(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 results from such 
rule (without regard to whether small 
entities will be directly regulated by 
the rule).’’. 
(c) INCLUSION OF RULES WITH BENEFICIAL 
EFFECTS.— 
(1) INITIAL
REGULATORY
FLEXIBILITY 
ANALYSIS.—Subsection (c) of section 603 of 
title 5, United States Code, is amended by 
striking the first sentence and inserting 
‘‘Each initial regulatory flexibility anal-
ysis shall also contain a detailed descrip-
tion of alternatives to the proposed rule 
which minimize any adverse significant 
economic impact or maximize any bene-
ficial significant economic impact on 
small entities.’’. 
(2) 
FINAL
REGULATORY
FLEXIBILITY 
ANALYSIS.—The first paragraph (6) of sec-
tion 604(a) of title 5, United States Code, 
is amended by striking ‘‘minimize the sig-
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nificant economic impact’’ and inserting 
‘‘minimize the adverse significant eco-
nomic impact or maximize the beneficial 
significant economic impact’’. 
(d) INCLUSION OF RULES AFFECTING TRIBAL 
ORGANIZATIONS.—Paragraph (5) of section 601 
of title 5, United States Code, is amended by 
inserting ‘‘and tribal organizations (as de-
fined in section 4(l) of the Indian Self-Deter-
mination and Education Assistance Act (25 
U.S.C. 450b(l))),’’ after ‘‘special districts,’’. 
(e) INCLUSION OF LAND MANAGEMENT PLANS 
AND FORMAL RULE MAKING.— 
(1) INITIAL
REGULATORY
FLEXIBILITY 
ANALYSIS.—Subsection (a) of section 603 of 
title 5, United States Code, is amended in 
the first sentence— 
(A) by striking ‘‘or’’ after ‘‘pro-
posed rule,’’; and 
(B) by inserting ‘‘or publishes a 
revision or amendment to a land 
management 
plan,’’ 
after 
‘‘United 
States,’’. 
(2) 
FINAL
REGULATORY
FLEXIBILITY 
ANALYSIS.—Subsection (a) of section 604 of 
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title 5, United States Code, is amended in 
the first sentence— 
(A) by striking ‘‘or’’ after ‘‘pro-
posed rulemaking,’’; and 
(B) by inserting ‘‘or adopts a revi-
sion or amendment to a land manage-
ment plan,’’ after ‘‘section 603(a),’’. 
(3) LAND MANAGEMENT PLAN DEFINED.— 
Section 601 of title 5, United States Code, 
is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(10) LAND MANAGEMENT PLAN.— 
‘‘(A) IN GENERAL.—The term ‘land 
management plan’ means— 
‘‘(i) any plan developed by the 
Secretary of Agriculture under 
section 6 of the Forest and Range-
land Renewable Resources Plan-
ning Act of 1974 (16 U.S.C. 1604); 
and 
‘‘(ii) any plan developed by 
the Secretary of Interior under 
section 202 of the Federal Land 
Policy and Management Act of 
1976 (43 U.S.C. 1712). 
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‘‘(B) REVISION.—The term ‘revi-
sion’ means any change to a land 
management plan which— 
‘‘(i) in the case of a plan de-
scribed in subparagraph (A)(i), is 
made under section 6(f)(5) of the 
Forest and Rangeland Renewable 
Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(5)); or 
‘‘(ii) in the case of a plan de-
scribed in subparagraph (A)(ii), is 
made under section 1610.5–6 of 
title 43, Code of Federal Regula-
tions (or any successor regula-
tion). 
‘‘(C) 
AMENDMENT.—The 
term 
‘amendment’ means any change to a 
land management plan which— 
‘‘(i) in the case of a plan de-
scribed in subparagraph (A)(i), is 
made under section 6(f)(4) of the 
Forest and Rangeland Renewable 
Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(4)) and with re-
spect to which the Secretary of 
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Agriculture prepares a statement 
described in section 102(2)(C) of 
the National Environmental Pol-
icy 
Act 
of 
1969 
(42 
U.S.C. 
4332(2)(C)); or 
‘‘(ii) in the case of a plan de-
scribed in subparagraph (A)(ii), is 
made under section 1610.5–5 of 
title 43, Code of Federal Regula-
tions (or any successor regula-
tion) and with respect to which 
the Secretary of the Interior 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)).’’. 
(f) INCLUSION
OF CERTAIN INTERPRETIVE 
RULES
INVOLVING
THE
INTERNAL
REVENUE 
LAWS.— 
(1) IN GENERAL.—Subsection (a) of sec-
tion 603 of title 5, United States Code, is 
amended by striking the period at the 
end and inserting ‘‘or a recordkeeping re-
quirement, and without regard to wheth-
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er such requirement is imposed by stat-
ute 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.— 
Paragraph (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 sec-
tion 3502(13) of title 44.’’. 
(g) DEFINITION OF SMALL ORGANIZATION.— 
Paragraph (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 
organization’ means any not-for-prof-
it enterprise which, as of the issuance 
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of 
the 
notice 
of 
proposed 
rule-
making— 
‘‘(i) in the case of an enter-
prise which is described by a clas-
sification code of the North Amer-
ican Industrial Classification Sys-
tem, does not exceed the size 
standard established by the Ad-
ministrator of the Small Business 
Administration pursuant to sec-
tion 3 of the Small Business Act 
(15 U.S.C. 632) for small business 
concerns described by such classi-
fication code; and 
‘‘(ii) in the case of any other 
enterprise, has a net worth that 
does not exceed $7,000,000 and 
has not more than 500 employees. 
‘‘(B) 
LOCAL
LABOR
ORGANIZA-
TIONS.—In the case of any local labor 
organization, subparagraph (A) shall 
be applied without regard to any na-
tional or international organization 
of which such local labor organiza-
tion is a part. 
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‘‘(C) 
AGENCY
DEFINITIONS.—Sub-
paragraphs (A) and (B) shall not 
apply to the extent that an agency, 
after consultation with the 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 activi-
ties of the agency and publishes such 
definitions in the Federal Register.’’. 
SEC. 3. EXPANSION OF REPORT OF REGULATORY AGENDA. 
Section 602 of title 5, United States Code, 
is amended— 
(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 Classi-
fication System that is primarily affected 
by any rule which the agency expects to 
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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 fol-
lows: 
‘‘(c) Each agency shall prominently dis-
play a plain language summary of the infor-
mation contained in the regulatory flexibility 
agenda published under subsection (a) on its 
website within 3 days of its publication in the 
Federal Register. The Office of Advocacy of 
the Small Business Administration shall com-
pile and prominently display a plain language 
summary of the regulatory agendas ref-
erenced in subsection (a) for each agency on 
its website within 3 days of their publication 
in the Federal Register.’’. 
SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED 
ANALYSES. 
(a) INITIAL REGULATORY FLEXIBILITY ANAL-
YSIS.—Subsection (b) of section 603 of title 5, 
United States Code, is amended to read as fol-
lows: 
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‘‘(b) Each initial regulatory flexibility 
analysis required under this section shall con-
tain a detailed statement— 
‘‘(1) describing the reasons why ac-
tion 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 report-
ing, recordkeeping, and other compliance 
requirements of the proposed rule, in-
cluding an estimate of the classes of 
small entities which will be subject to the 
requirement and the type of professional 
skills necessary for preparation of the re-
port 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 cumu-
lative economic impact of the proposed 
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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 ANAL-
YSIS.— 
(1) IN GENERAL.—Section 604(a) of title 
5, United States Code, is amended— 
(A) in paragraph (4), by striking 
‘‘an explanation’’ and inserting ‘‘a de-
tailed explanation’’; 
(B) in each of paragraphs (4), (5), 
and the first paragraph (6), by insert-
ing ‘‘detailed’’ before ‘‘description’’; 
and 
(C) by adding at the end the fol-
lowing: 
‘‘(7) describing any disproportionate 
economic impact on small entities or a 
specific class of small entities.’’. 
(2) INCLUSION
OF
RESPONSE
TO
COM-
MENTS
ON
CERTIFICATION
OF
PROPOSED 
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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 regulatory 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 regulatory flexibility analysis available 
to the public, including placement of the en-
tire analysis on the agency’s website, and 
shall publish in the Federal Register the final 
regulatory flexibility analysis, or a summary 
thereof which includes the telephone number, 
mailing address, and link to the website 
where the complete analysis may be ob-
tained.’’. 
(c) CROSS-REFERENCES
TO
OTHER
ANAL-
YSES.—Subsection (a) of section 605 of title 5, 
United States Code, is amended to read as fol-
lows: 
‘‘(a) A Federal agency shall be treated as 
satisfying any requirement regarding the con-
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tent 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 an-
other agenda or analysis which is required by 
any other law and which satisfies such re-
quirement.’’. 
(d) CERTIFICATIONS.—Subsection (b) of sec-
tion 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 ‘‘fac-
tual’’. 
(e) QUANTIFICATION REQUIREMENTS.—Sec-
tion 607 of title 5, United States Code, is 
amended to read as follows: 
‘‘§ 607. Quantification requirements 
‘‘In complying with sections 603 and 604, 
an agency shall provide— 
‘‘(1) a quantifiable or numerical de-
scription of the effects of the proposed or 
final rule and alternatives to the pro-
posed or final rule; or 
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‘‘(2) a more general descriptive state-
ment and a detailed statement explaining 
why quantification is not practicable or 
reliable.’’. 
SEC. 5. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDI-
TIONAL 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 Flexi-
bility Improvements Act of 2011, 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 subsection) shall not apply with respect 
to the issuance, modification, and amendment 
of rules under this paragraph. 
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‘‘(2) An agency shall not issue rules which 
supplement the rules issued under subsection 
(a) unless such agency has first consulted 
with the Chief Counsel for Advocacy to en-
sure that such supplemental rules comply 
with this chapter and the rules issued under 
paragraph (1). 
‘‘(b) Notwithstanding any other law, the 
Chief Counsel for Advocacy of the Small Busi-
ness Administration may intervene in any 
agency adjudication (unless such agency is 
authorized to impose a fine or penalty under 
such adjudication), and may inform the agen-
cy of the impact that any decision on the 
record may have on small entities. The Chief 
Counsel shall not initiate an appeal with re-
spect to any adjudication in which the Chief 
Counsel intervenes under this subsection. 
‘‘(c) The Chief Counsel for Advocacy may 
file comments in response to any agency no-
tice requesting comment, regardless of wheth-
er the agency is required to file a general no-
tice of proposed rulemaking under section 
553.’’. 
(b) CONFORMING AMENDMENTS.— 
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(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 
amended— 
(A) by striking subparagraph (B); 
and 
(B) by striking ‘‘(3)(A) A small en-
tity’’ and inserting the following: 
‘‘(3) A small entity’’. 
SEC. 6. PROCEDURES FOR GATHERING COMMENTS. 
Section 609 of title 5, United States Code, 
is amended by striking subsection (b) and all 
that follows through the end of the section 
and inserting the following: 
‘‘(b)(1) Prior to publication of any pro-
posed rule described 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 
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rule, including the draft of the proposed 
rule; and 
‘‘(B) information on the potential ad-
verse 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 
paragraph (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 re-
ceipt of such materials and information under 
subsection (b), the Chief Counsel for Advo-
cacy of the Small Business Administration 
shall— 
‘‘(1) identify small entities or rep-
resentatives of small entities or a com-
bination of both for the purpose of ob-
taining advice, input, and recommenda-
tions from those persons about the poten-
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tial economic impacts of the proposed 
rule and the compliance of the agency 
with section 603; and 
‘‘(2) convene a review panel con-
sisting of an employee from the Office of 
Advocacy of the Small Business Adminis-
tration, an employee from the agency 
making the rule, and in the case of an 
agency other than an independent regu-
latory 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 review the materials and infor-
mation provided to the Chief Counsel 
under subsection (b). 
‘‘(d)(1) Not later than 60 days after the re-
view panel described in subsection (c)(2) is 
convened, the Chief Counsel 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 agency other than an independent regu-
latory agency (as defined in section 3502(5) of 
title 44), the Office of Information and Regu-
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latory Affairs of the Office of Management 
and Budget. 
‘‘(2) Such report shall include an assess-
ment of the economic impact of the proposed 
rule on small entities, including an assess-
ment of the proposed rule’s impact on the cost 
that small entities pay for energy, and a dis-
cussion of any alternatives that will minimize 
adverse significant economic impacts or 
maximize beneficial significant economic im-
pacts 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 response to 
such report. 
‘‘(e) A proposed rule is described by this 
subsection if the Administrator of the Office 
of Information and Regulatory 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 
determines that the proposed rule is likely to 
result in— 
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‘‘(1) an annual effect on the economy 
of $100,000,000 or more; 
‘‘(2) a major increase in costs or 
prices for consumers, individual indus-
tries, Federal, State, or local govern-
ments, 
tribal 
organizations, 
or 
geo-
graphic regions; 
‘‘(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 
‘‘(4) a significant economic impact on 
a substantial number of small entities. 
‘‘(f) Upon application by the agency, the 
Chief Counsel for Advocacy of the Small Busi-
ness Administration may waive the require-
ments of subsections (b) through (e) if the 
Chief Counsel determines that compliance 
with the requirements of such subsections are 
impracticable, unnecessary, or contrary to 
the public interest.’’. 
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SEC. 7. PERIODIC REVIEW OF RULES. 
Section 610 of title 5, United States Code, 
is amended to read as follows: 
‘‘§ 610. Periodic review of rules 
‘‘(a) Not later than 180 days after the en-
actment of the Regulatory Flexibility Im-
provements 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 determines have a significant eco-
nomic 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 continued with-
out change, or should be amended or re-
scinded, consistent with the stated objectives 
of applicable statutes, to minimize any ad-
verse significant economic impacts or maxi-
mize any beneficial significant economic im-
pacts on a substantial number of small enti-
ties. Such plan may be amended by the agency 
at any time by publishing the revision in the 
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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 
agency determines that completion of the re-
view of existing rules is not feasible by the es-
tablished date, the head of the agency shall so 
certify in a statement published in the Fed-
eral 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 include small businesses 
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for the purposes of carrying out this section. 
The agency shall include in this section a plan 
for how the agency will contact small busi-
nesses and gather their input on existing 
agency rules. 
‘‘(d) Each agency shall annually submit a 
report regarding the results of its review pur-
suant to such plan to the Congress, the Chief 
Counsel for Advocacy of the Small Business 
Administration, and, in the case of agencies 
other than independent regulatory agencies 
(as defined in section 3502(5) of title 44) to the 
Administrator of the Office of Information 
and Regulatory Affairs of the Office of Man-
agement and Budget. Such report shall in-
clude the identification of any rule with re-
spect to which the head of the agency made 
a determination described in paragraph (5) or 
(6) of subsection (e) and a detailed expla-
nation of the reasons for such determination. 
‘‘(e) In reviewing a rule pursuant to sub-
sections (a) through (d), the agency shall 
amend or rescind the rule to minimize any ad-
verse significant economic impact on a sub-
stantial number of small entities or dispropor-
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tionate economic impact on a specific class of 
small entities, or maximize any beneficial sig-
nificant economic impact of the rule on a sub-
stantial 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 con-
sider the following factors: 
‘‘(1) The continued need for the rule. 
‘‘(2) The nature of complaints re-
ceived by the agency from small entities 
concerning the rule. 
‘‘(3) Comments by the Regulatory En-
forcement Ombudsman and the Chief 
Counsel for Advocacy of the Small Busi-
ness Administration. 
‘‘(4) The complexity of the rule. 
‘‘(5) The extent to which the rule 
overlaps, duplicates, or conflicts with 
other Federal rules and, unless the head 
of the agency determines it to be infeasi-
ble, State and local rules. 
‘‘(6) The contribution of the rule to 
the cumulative economic impact of all 
Federal rules on the class of small enti-
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ties affected by the rule, unless the head 
of the agency determines that such cal-
culations 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, economic conditions, 
or other factors have changed in the area 
affected by the rule. 
‘‘(f) The agency shall publish in the Fed-
eral Register and on its website a list of rules 
to be reviewed pursuant to such plan. Such 
publication shall include a brief description 
of the rule, the reason why the agency deter-
mined 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 flexibility analysis for the 
rule), and request comments from the public, 
the Chief Counsel for Advocacy of the Small 
Business Administration, and the Regulatory 
Enforcement Ombudsman concerning the en-
forcement of the rule.’’. 
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SEC. 8. 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 amend-
ed by striking ‘‘final agency action’’ and in-
serting ‘‘such rule’’. 
(b) JURISDICTION.—Paragraph (2) of such 
section is amended by inserting ‘‘(or which 
would have such jurisdiction if publication of 
the final rule constituted final agency action)’’ 
after ‘‘provision of law,’’. 
(c) TIME
FOR
BRINGING
ACTION.—Para-
graph (3) of such section is amended— 
(1) by striking ‘‘final agency action’’ 
and inserting ‘‘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 ‘‘except that’’. 
(d) INTERVENTION BY CHIEF COUNSEL FOR 
ADVOCACY.—Subsection (b) of section 612 of 
title 5, United States Code, is amended by in-
serting before the first period ‘‘or agency com-
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pliance with section 601, 603, 604, 605(b), 609, 
or 610’’. 
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 following 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 subparagraph: 
‘‘(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 COM-
MENT ON AGENCY COMPLIANCE WITH ADMINIS-
TRATIVE PROCEDURE.—Subsection (b) of sec-
tion 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 
inserting the following: 
‘‘(1) AGENCY.—The term’’; 
(2) in paragraph (3)— 
(A) by striking the semicolon at 
the end and inserting a period; and 
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(B) by striking ‘‘(3) the term’’ and 
inserting 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 
inserting the following: 
‘‘(5) SMALL
GOVERNMENTAL
JURISDIC-
TION.—The term’’; and 
(4) in paragraph (6)— 
(A) by striking ‘‘; and’’ and insert-
ing a period; and 
(B) by striking ‘‘(6) the term’’ and 
inserting the following: 
‘‘(6) SMALL ENTITY.—The term’’. 
(b) The heading of section 605 of title 5, 
United States Code, is amended to read as fol-
lows: 
‘‘§ 605. Incorporations by reference and certifi-
cations’’. 
(c) The table of sections for chapter 6 of 
title 5, United States Code, is amended— 
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(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 sub-
section (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 Regu-
latory Enforcement 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 account the subject matter of 
the rule and the language of relevant 
statutes, ensure that the guide is written 
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using sufficiently plain language likely to 
be understood by affected small entities. 
Agencies may prepare separate guides 
covering groups or classes of similarly af-
fected small entities and may cooperate 
with associations of small entities to dis-
tribute 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 re-
spect to a rule or a group of related 
rules.’’. 
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Union Calendar No. 191 
112TH CONGRESS 
1ST SESSION 
H. R. 527 
[Report No. 112–289, Parts I and II] 
A BILL 
To amend chapter 6 of title 5, United States Code 
(commonly known as the Regulatory Flexibility 
Act), to ensure complete analysis of potential im-
pacts on small entities of rules, and for other 
purposes. 
NOVEMBER 16, 2011 
Reported from the Committee on the Judiciary with an 
amendment 
NOVEMBER 16, 2011 
Reported from the Committee on Small Business with an 
amendment 
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