112TH CONGRESS 
1ST SESSION 
H. R. 527 
AN ACT 
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. 
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 Flexi-
bility 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 powers 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 publication of the final rule. 
Sec. 9. Jurisdiction of court of appeals over rules implementing the Regulatory 
Flexibility Act. 
Sec. 10. Clerical amendments. 
Sec. 11. Agency preparation of guides. 
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, ex-
cept that such term does not include a rule of par-
ticular (and not general) applicability relating to 
rates, wages, corporate or financial structures or re-
organizations thereof, prices, facilities, appliances, 
services, or allowances therefor or to valuations, 
costs or accounting, or practices relating to such
rates, wages, structures, prices, appliances, services, 
or allowances.’’. 
(b) INCLUSION
OF RULES WITH INDIRECT EF-
FECTS.—Section 601 of title 5, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(9) ECONOMIC IMPACT.—The term ‘economic 
impact’ means, with respect to a proposed or final 
rule— 
‘‘(A) any direct economic effect on small 
entities of such rule; and 
‘‘(B) any indirect economic effect on small 
entities which is reasonably foreseeable and re-
sults from such rule (without regard to whether 
small entities will be directly regulated by the 
rule).’’. 
(c) INCLUSION OF RULES WITH BENEFICIAL EF-
FECTS.— 
(1) INITIAL REGULATORY FLEXIBILITY ANAL-
YSIS.—Subsection (c) of section 603 of title 5, 
United States Code, is amended by striking the first 
sentence and inserting ‘‘Each initial regulatory flexi-
bility analysis shall also contain a detailed descrip-
tion of alternatives to the proposed rule which mini-
mize any adverse significant economic impact or
maximize any beneficial significant economic impact 
on small entities.’’. 
(2) FINAL
REGULATORY
FLEXIBILITY
ANAL-
YSIS.—The first paragraph (6) of section 604(a) of 
title 5, United States Code, is amended by striking 
‘‘minimize the significant economic impact’’ and in-
serting ‘‘minimize the adverse significant economic 
impact or maximize the beneficial significant eco-
nomic impact’’. 
(d) INCLUSION OF RULES AFFECTING TRIBAL ORGA-
NIZATIONS.—Paragraph (5) of section 601 of title 5, 
United States Code, is amended by inserting ‘‘and tribal 
organizations (as defined in section 4(l) of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b(l))),’’ after ‘‘special districts,’’. 
(e) INCLUSION OF LAND MANAGEMENT PLANS AND 
FORMAL RULE MAKING.— 
(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) 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-
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