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 Accountability Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—REGULATORY ACCOUNTABILITY ACT 
Sec. 101. Short title. 
Sec. 102. Definitions. 
Sec. 103. Rule making. 
Sec. 104. Agency guidance; procedures to issue major guidance; presidential au-
thority to issue guidelines for issuance of guidance. 
Sec. 105. Hearings; presiding employees; powers and duties; burden of proof; 
evidence; record as basis of decision. 
Sec. 106. Actions reviewable. 
Sec. 107. Scope of review. 
Sec. 108. Added definition. 
Sec. 109. Effective date. 
Sec. 110. Prompt issuance of OIRA guidelines. 
TITLE II—SEPARATION OF POWERS RESTORATION ACT 
Sec. 201. Short title. 
Sec. 202. Judicial review of statutory and regulatory interpretations. 
TITLE III—SMALL BUSINESS REGULATORY FLEXIBILITY 
IMPROVEMENTS ACT 
Sec. 301. Short title. 
Sec. 302. Clarification and expansion of rules covered by the regulatory flexi-
bility act. 
Sec. 303. Expansion of report of regulatory agenda. 
Sec. 304. Requirements providing for more detailed analyses. 
Sec. 305. Repeal of waiver and delay authority; additional powers of the Chief 
Counsel for advocacy. 
Sec. 306. Procedures for gathering comments. 
Sec. 307. Periodic review of rules. 
Sec. 308. Judicial review of compliance with the requirements of the regulatory 
flexibility act available after publication of the final rule. 
Sec. 309. Jurisdiction of court of appeals over rules implementing the regu-
latory flexibility act. 
Sec. 310. Establishment and approval of small business concern size standards 
by Chief Counsel for Advocacy. 
Sec. 311. Clerical amendments.
Sec. 312. Agency preparation of guides. 
Sec. 313. Comptroller general report. 
TITLE IV—REQUIRE EVALUATION BEFORE IMPLEMENTING 
EXECUTIVE WISHLISTS ACT 
Sec. 401. Short title. 
Sec. 402. Relief pending review. 
TITLE V—ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT 
Sec. 501. Short title. 
Sec. 502. Office of information and regulatory affairs publication of informa-
tion relating to rules. 
TITLE VI—PROVIDING ACCOUNTABILITY THROUGH 
TRANSPARENCY ACT 
Sec. 601. Short title. 
Sec. 602. Requirement to post a 100 word summary to regulations.gov. 
TITLE I—REGULATORY 
ACCOUNTABILITY ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Regulatory Account-
ability Act’’. 
SEC. 102. DEFINITIONS. 
Section 551 of title 5, United States Code, is amend-
ed— 
(1) in paragraph (13), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (14), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(15) ‘major rule’ means any rule that the Ad-
ministrator of the Office of Information and Regu-
latory Affairs determines is likely to impose—
‘‘(A) an annual cost on the economy of 
$100,000,000 or more, adjusted annually for 
inflation; 
‘‘(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
State, local, or tribal government agencies, or 
geographic regions; 
‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, or on the ability of United States- 
based enterprises to compete with foreign-based 
enterprises in domestic and export markets; or 
‘‘(D) significant impacts on multiple sec-
tors of the economy; 
‘‘(16) ‘high-impact rule’ means any rule that 
the Administrator of the Office of Information and 
Regulatory Affairs determines is likely to impose an 
annual cost on the economy of $1,000,000,000 or 
more, adjusted annually for inflation; 
‘‘(17) ‘negative-impact on jobs and wages rule’ 
means any rule that the agency that made the rule 
or the Administrator of the Office of Information 
and Regulatory Affairs determines is likely to— 
‘‘(A) in one or more sectors of the economy 
that has a 6-digit code under the North Amer-
ican Industry Classification System, reduce em-
ployment not related to new regulatory compli-
ance by 1 percent or more annually during the 
1-year, 5-year, or 10-year period after imple-
mentation; 
‘‘(B) in one or more sectors of the econ-
omy that has a 6-digit code under the North 
American Industry Classification System, re-
duce average weekly wages for employment not 
related to new regulatory compliance by 1 per-
cent or more annually during the 1-year, 5- 
year, or 10-year period after implementation; 
‘‘(C) in any industry area (as such term is 
defined in the Current Population Survey con-
ducted by the Bureau of Labor Statistics) in 
which the most recent annual unemployment 
rate for the industry area is greater than 5 per-
cent, as determined by the Bureau of Labor 
Statistics in the Current Population Survey, re-
duce employment not related to new regulatory 
compliance during the first year after imple-
mentation; or 
‘‘(D) in any industry area in which the Bu-
reau of Labor Statistics projects in the Occupa-
tional Employment Statistics program that the
employment level will decrease by 1 percent or 
more, further reduce employment not related to 
new regulatory compliance during the first year 
after implementation; 
‘‘(18) ‘guidance’ means an agency statement of 
general applicability and future effect, other than a 
regulatory action, that sets forth a policy on a statu-
tory, regulatory or technical issue or an interpreta-
tion of a statutory or regulatory issue; 
‘‘(19) ‘major guidance’ means guidance that the 
Administrator of the Office of Information and Reg-
ulatory Affairs finds is likely to lead to— 
‘‘(A) an annual cost on the economy of 
$100,000,000 or more, adjusted annually for 
inflation; 
‘‘(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
State, local or tribal government agencies, or 
geographic regions; 
‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, or on the ability of United States- 
based enterprises to compete with foreign-based 
enterprises in domestic and export markets; or
‘‘(D) significant impacts on multiple sec-
tors of the economy; 
‘‘(20) the ‘Information Quality Act’ means sec-
tion 515 of Public Law 106–554, the Treasury and 
General Government Appropriations Act for Fiscal 
Year 2001, and guidelines issued by the Adminis-
trator of the Office of Information and Regulatory 
Affairs or other agencies pursuant to the Act; and 
‘‘(21) the ‘Office of Information and Regulatory 
Affairs’ means the office established under section 
3503 of chapter 35 of title 44 and any successor to 
that office.’’. 
SEC. 103. RULE MAKING. 
(a) Section 553(a) of title 5, United States Code, is 
amended by striking ‘‘(a) This section applies’’ and insert-
ing ‘‘(a) APPLICABILITY.—This section applies’’. 
(b) Section 553 of title 5, United States Code, is 
amended by striking subsections (b) through (e) and in-
serting the following: 
‘‘(b) RULE MAKING CONSIDERATIONS.—In a rule 
making, an agency shall make all preliminary and final 
factual determinations based on evidence and consider, in 
addition to other applicable considerations, the following: 
‘‘(1) The legal authority under which a rule 
may be proposed, including whether a rule making
‘‘(A) the alternative of no Federal re-
sponse; 
‘‘(B) amending or rescinding existing 
rules; 
‘‘(C) potential regional, State, local, or 
tribal regulatory action or other responses that 
could be taken in lieu of agency action; and 
‘‘(D) potential responses that— 
‘‘(i) specify performance objectives 
rather than conduct or manners of compli-
ance; 
‘‘(ii) establish economic incentives to 
encourage desired behavior; 
‘‘(iii) provide information upon which 
choices can be made by the public; or 
‘‘(iv) incorporate other innovative al-
ternatives rather than agency actions that 
specify conduct or manners of compliance. 
‘‘(6) Notwithstanding any other provision of 
law— 
‘‘(A) the potential costs and benefits asso-
ciated with potential alternative rules and other 
responses considered under section 553(b)(5), 
including direct, indirect, and cumulative costs 
and benefits and estimated impacts on jobs (in-
cluding an estimate of the net gain or loss in 
domestic jobs), wages, economic growth, innova-
tion, economic competitiveness, and impacts on 
low income populations; 
‘‘(B) means to increase the cost-effective-
ness of any Federal response; and 
‘‘(C) incentives for innovation, consistency, 
predictability, lower costs of enforcement and 
compliance (to government entities, regulated 
entities, and the public), and flexibility. 
‘‘(c) ADVANCE NOTICE OF PROPOSED RULE MAKING 
FOR MAJOR RULES, HIGH-IMPACT RULES, NEGATIVE-IM-
PACT ON JOBS AND WAGES RULES, AND RULES INVOLV-
ING NOVEL LEGAL OR POLICY ISSUES.—In the case of 
a rule making for a major rule, a high-impact rule, a nega-
tive-impact on jobs and wages rule, or a rule that involves 
a novel legal or policy issue arising out of statutory man-
dates, not later than 90 days before a notice of proposed 
rule making is published in the Federal Register, an agen-
cy shall publish advance notice of proposed rule making 
in the Federal Register. In publishing such advance notice, 
the agency shall— 
‘‘(1) include a written statement identifying, at 
a minimum—
‘‘(A) the nature and significance of the 
problem the agency may address with a rule, in-
cluding data and other evidence and informa-
tion on which the agency expects to rely for the 
proposed rule; 
‘‘(B) the legal authority under which a rule 
may be proposed, including whether a rule mak-
ing is required by statute, and if so, whether by 
a specific date, or whether the agency has dis-
cretion to commence a rule making; 
‘‘(C) preliminary information available to 
the agency concerning the other considerations 
specified in subsection (b); 
‘‘(D) in the case of a rule that involves a 
novel legal or policy issue arising out of statu-
tory mandates, the nature of and potential rea-
sons to adopt the novel legal or policy position 
upon which the agency may base a proposed 
rule; and 
‘‘(E) an achievable objective for the rule 
and metrics by which the agency will measure 
progress toward that objective; 
‘‘(2) solicit written data, views or argument 
from interested persons concerning the information 
and issues addressed in the advance notice; and
‘‘(3) provide for a period of not fewer than 60 
days for interested persons to submit such written 
data, views, or argument to the agency. 
‘‘(d) NOTICES OF PROPOSED RULE MAKING; DETER-
MINATIONS OF OTHER AGENCY COURSE.—(1) Before it 
determines to propose a rule, and following completion of 
procedures under subsection (c), if applicable, the agency 
shall consult with the Administrator of the Office of Infor-
mation and Regulatory Affairs. If the agency thereafter 
determines to propose a rule, the agency shall publish a 
notice of proposed rule making, which shall include— 
‘‘(A) a statement of the time, place, and nature 
of public rule making proceedings; 
‘‘(B) reference to the legal authority under 
which the rule is proposed; 
‘‘(C) the terms of the proposed rule; 
‘‘(D) a description of information known to the 
agency on the subject and issues of the proposed 
rule, including but not limited to— 
‘‘(i) a summary of information known to 
the agency concerning the considerations speci-
fied in subsection (b); 
‘‘(ii) a summary of additional information 
the agency provided to and obtained from inter-
ested persons under subsection (c);
‘‘(iii) a summary of any preliminary risk 
assessment or regulatory impact analysis per-
formed by the agency; and 
‘‘(iv) information specifically identifying all 
data, studies, models, and other evidence or in-
formation considered or used by the agency in 
connection with its determination to propose 
the rule; 
‘‘(E)(i) a reasoned preliminary determination of 
need for the rule based on the information described 
under subparagraph (D); 
‘‘(ii) an additional statement of whether a rule 
is required by statute; and 
‘‘(iii) an achievable objective for the rule and 
metrics by which the agency will measure progress 
toward that objective; 
‘‘(F) a reasoned preliminary determination that 
the benefits of the proposed rule meet the relevant 
statutory objectives and justify the costs of the pro-
posed rule (including all costs to be considered under 
subsection (b)(6)), based on the information de-
scribed under subparagraph (D); 
‘‘(G) a discussion of—
‘‘(i) the alternatives to the proposed rule, 
and other alternative responses, considered by 
the agency under subsection (b); 
‘‘(ii) the costs and benefits of those alter-
natives (including all costs to be considered 
under subsection (b)(6)); 
‘‘(iii) whether those alternatives meet rel-
evant statutory objectives; and 
‘‘(iv) why the agency did not propose any 
of those alternatives; and 
‘‘(H)(i) a statement of whether existing rules 
have created or contributed to the problem the agen-
cy seeks to address with the proposed rule; and 
‘‘(ii) if so, whether or not the agency proposes 
to amend or rescind any such rules, and why. 
All information provided to or considered by the agency, 
and steps to obtain information by the agency, in connec-
tion with its determination to propose the rule, including 
any preliminary risk assessment or regulatory impact 
analysis prepared by the agency and all other information 
prepared or described by the agency under subparagraph 
(D) and, at the discretion of the President or the Adminis-
trator of the Office of Information and Regulatory Affairs, 
information provided by that Office in consultations with 
the agency, shall be placed in the docket for the proposed
rule and made accessible to the public by electronic means 
and otherwise for the public’s use when the notice of pro-
posed rule making is published. 
‘‘(2)(A) If the agency undertakes procedures under 
subsection (c) and determines thereafter not to propose 
a rule, the agency shall, following consultation with the 
Office of Information and Regulatory Affairs, publish a 
notice of determination of other agency course. A notice 
of determination of other agency course shall include in-
formation required by paragraph (1)(D) to be included in 
a notice of proposed rule making and a description of the 
alternative response the agency determined to adopt. 
‘‘(B) If in its determination of other agency course 
the agency makes a determination to amend or rescind 
an existing rule, the agency need not undertake additional 
proceedings under subsection (c) before it publishes a no-
tice of proposed rule making to amend or rescind the exist-
ing rule. 
All information provided to or considered by the agency, 
and steps to obtain information by the agency, in connec-
tion with its determination of other agency course, includ-
ing but not limited to any preliminary risk assessment or 
regulatory impact analysis prepared by the agency and all 
other information that would be required to be prepared 
or described by the agency under paragraph (1)(D) if the
agency had determined to publish a notice of proposed rule 
making and, at the discretion of the President or the Ad-
ministrator of the Office of Information and Regulatory 
Affairs, information provided by that Office in consulta-
tions with the agency, shall be placed in the docket for 
the determination and made accessible to the public by 
electronic means and otherwise for the public’s use when 
the notice of determination is published. 
‘‘(3) After notice of proposed rule making required 
by this section, the agency shall provide interested persons 
an opportunity to participate in the rule making through 
submission of written data, views, or arguments with or 
without opportunity for oral presentation, except that— 
‘‘(A) if a hearing is required under paragraph 
(4)(B) or subsection (e), opportunity for oral presen-
tation shall be provided pursuant to that require-
ment; or 
‘‘(B) when other than under subsection (e) of 
this section rules are required by statute or at the 
discretion of the agency to be made on the record 
after opportunity for an agency hearing, sections 
556 and 557 shall apply, and paragraph (4), the re-
quirements of subsection (e) to receive comment out-
side of the procedures of sections 556 and 557, and
the petition procedures of subsection (e)(6) shall not 
apply. 
The agency shall provide not fewer than 60 days for inter-
ested persons to submit written data, views, or argument 
(or 120 days in the case of a proposed major or high- 
impact rule). 
‘‘(4)(A) Within 30 days of publication of notice of 
proposed rule making, a member of the public may peti-
tion for a hearing in accordance with section 556 to deter-
mine whether any evidence or other information upon 
which the agency bases the proposed rule fails to comply 
with the Information Quality Act. 
‘‘(B)(i) The agency may, upon review of the petition, 
determine without further process to exclude from the rule 
making the evidence or other information that is the sub-
ject of the petition and, if appropriate, withdraw the pro-
posed rule. The agency shall promptly publish any such 
determination. 
‘‘(ii) If the agency does not resolve the petition under 
the procedures of clause (i), it shall grant any such peti-
tion that presents a prima facie case that evidence or other 
information upon which the agency bases the proposed 
rule fails to comply with the Information Quality Act, hold 
the requested hearing not later than 30 days after receipt 
of the petition, provide a reasonable opportunity for cross-
examination at the hearing, and decide the issues pre-
sented by the petition not later than 60 days after receipt 
of the petition. The agency may deny any petition that 
it determines does not present such a prima facie case. 
‘‘(C) There shall be no judicial review of the agency’s 
disposition of issues considered and decided or determined 
under subparagraph (B)(ii) until judicial review of the 
agency’s final action. There shall be no judicial review of 
an agency’s determination to withdraw a proposed rule 
under subparagraph (B)(i) on the basis of the petition. 
‘‘(D) Failure to petition for a hearing under this 
paragraph shall not preclude judicial review of any claim 
based on the Information Quality Act under chapter 7 of 
this title. 
‘‘(5) After notice or advance notice of a proposed rule 
making, the agency making the rule, and any person act-
ing in an official capacity on behalf of the agency, may 
not communicate, and a person who receives Federal 
funds from the agency may not use those funds to commu-
nicate, through written, oral, electronic, or other means 
to the public about the proposed rule in a manner that— 
‘‘(A) directly advocates, in support of or against 
the proposed rule, for the submission of information 
to form part of the record of review for the proposed 
rule;
‘‘(B) appeals to the public, or solicits a third- 
party, to undertake advocacy in support of or 
against the proposed rule; or 
‘‘(C) is directly or indirectly for publicity or 
propaganda purposes within the United States not 
heretofore authorized by the Congress. 
Such prohibition shall not apply to communication that 
requests comments or provides information regarding the 
rule in an impartial manner. 
‘‘(e) HEARINGS
FOR HIGH-IMPACT RULES.—Fol-
lowing notice of a proposed rule making, receipt of com-
ments on the proposed rule, and any hearing held under 
subsection (d)(4), and before adoption of any high-impact 
rule, the agency shall hold a hearing in accordance with 
sections 556 and 557, unless such hearing is waived by 
all participants in the rule making other than the agency. 
The agency shall provide a reasonable opportunity for 
cross-examination at such hearing. The hearing shall be 
limited to the following issues of fact, except that partici-
pants at the hearing other than the agency may waive de-
termination of any such issue: 
‘‘(1) Whether the agency’s asserted factual 
predicate for the rule is supported by the evidence. 
‘‘(2) Whether there is an alternative to the pro-
posed rule that would achieve the relevant statutory
objectives at a lower cost (including all costs to be 
considered under subsection (b)(6)) than the pro-
posed rule. 
‘‘(3) If there is more than one alternative to the 
proposed rule that would achieve the relevant statu-
tory objectives at a lower cost than the proposed 
rule, which alternative would achieve the relevant 
statutory objectives at the lowest cost. 
‘‘(4) Whether, if the agency proposes to adopt 
a rule that is more costly than the least costly alter-
native that would achieve the relevant statutory ob-
jectives (including all costs to be considered under 
subsection (b)(6)), the additional benefits of the 
more costly rule exceed the additional costs of the 
more costly rule. 
‘‘(5) Whether the evidence and other informa-
tion upon which the agency bases the proposed rule 
meets the requirements of the Information Quality 
Act. 
‘‘(6) Upon petition by an interested person who 
has participated in the rule making, other issues rel-
evant to the rule making, unless the agency deter-
mines that consideration of the issues at the hearing 
would not advance consideration of the rule or 
would, in light of the nature of the need for agency
action, unreasonably delay completion of the rule 
making. An agency shall grant or deny a petition 
under this paragraph within 30 days of its receipt 
of the petition. 
No later than 45 days before any hearing held under this 
subsection or sections 556 and 557, the agency shall pub-
lish in the Federal Register a notice specifying the pro-
posed rule to be considered at such hearing, the issues 
to be considered at the hearing, and the time and place 
for such hearing, except that such notice may be issued 
not later than 15 days before a hearing held under sub-
section (d)(4)(B). 
‘‘(f) FINAL RULES.—(1) The agency shall adopt a 
rule only following consultation with the Administrator of 
the Office of Information and Regulatory Affairs to facili-
tate compliance with applicable rule making requirements. 
‘‘(2) The agency shall adopt a rule only on the basis 
of the best reasonably obtainable scientific, technical, eco-
nomic, and other evidence and information concerning the 
need for, consequences of, and alternatives to the rule. 
‘‘(3)(A) Except as provided in subparagraph (B), the 
agency shall adopt the least costly rule considered during 
the rule making (including all costs to be considered under 
subsection (b)(6)) that meets relevant statutory objectives.
‘‘(B) The agency may adopt a rule that is more costly 
than the least costly alternative that would achieve the rel-
evant statutory objectives only if the additional benefits 
of the more costly rule justify its additional costs and only 
if the agency explains its reason for doing so based on 
interests of public health, safety or welfare that are clearly 
within the scope of the statutory provision authorizing the 
rule. 
‘‘(4) When it adopts a final rule, the agency shall 
publish a notice of final rule making. The notice shall in-
clude— 
‘‘(A) a concise, general statement of the rule’s 
basis and purpose; 
‘‘(B) the agency’s reasoned final determination 
of need for a rule to address the problem the agency 
seeks to address with the rule, including a statement 
of whether a rule is required by statute and a sum-
mary of any final risk assessment or regulatory im-
pact analysis prepared by the agency; 
‘‘(C) the agency’s reasoned final determination 
that the benefits of the rule meet the relevant statu-
tory objectives and justify the rule’s costs (including 
all costs to be considered under subsection (b)(6)); 
‘‘(D) the agency’s reasoned final determination 
not to adopt any of the alternatives to the proposed
rule considered by the agency during the rule mak-
ing, including— 
‘‘(i) the agency’s reasoned final determina-
tion that no alternative considered achieved the 
relevant statutory objectives with lower costs 
(including all costs to be considered under sub-
section (b)(6)) than the rule; or 
‘‘(ii) the agency’s reasoned determination 
that its adoption of a more costly rule complies 
with subsection (f)(3)(B); 
‘‘(E) the agency’s reasoned final determina-
tion— 
‘‘(i) that existing rules have not created or 
contributed to the problem the agency seeks to 
address with the rule; or 
‘‘(ii) that existing rules have created or 
contributed to the problem the agency seeks to 
address with the rule, and, if so— 
‘‘(I) why amendment or rescission of 
such existing rules is not alone sufficient 
to respond to the problem; and 
‘‘(II) whether and how the agency in-
tends to amend or rescind the existing rule 
separate from adoption of the rule;
‘‘(F) the agency’s reasoned final determination 
that the evidence and other information upon which 
the agency bases the rule complies with the Informa-
tion Quality Act; 
‘‘(G) the agency’s reasoned final determination 
that the rule meets the objectives that the agency 
identified in subsection (d)(1)(E)(iii) or that other 
objectives are more appropriate in light of the full 
administrative record and the rule meets those ob-
jectives; 
‘‘(H) the agency’s reasoned final determination 
that it did not deviate from the metrics the agency 
included in subsection (d)(1)(E)(iii) or that other 
metrics are more appropriate in light of the full ad-
ministrative record and the agency did not deviate 
from those metrics; 
‘‘(I)(i) for any major rule, high-impact rule, or 
negative-impact on jobs and wages rule, the agency’s 
plan for review of the rule no less than every ten 
years to determine whether, based upon evidence, 
there remains a need for the rule, whether the rule 
is in fact achieving statutory objectives, whether the 
rule’s benefits continue to justify its costs, and 
whether the rule can be modified or rescinded to re-
duce costs while continuing to achieve statutory ob-
jectives; 
‘‘(ii) review of a rule under a plan required by 
clause (i) of this subparagraph shall take into ac-
count the factors and criteria set forth in sub-
sections (b) through (f) of section 553 of this title; 
and 
‘‘(iii) in the case of a major rule, a report on 
the benefits and costs of the final rule on entities 
whose conduct is regulated by the rule in the Fed-
eral Register, to be revised every 5 years thereafter 
while the rule remains in effect, and including, at a 
minimum— 
‘‘(I) an assessment of the impacts, includ-
ing any costs, of the major rule on regulated 
entities; 
‘‘(II) a determination about how the actual 
benefits and costs of the major rule have varied 
from those anticipated at the time the major 
rule was issued; 
‘‘(III) an assessment of the effectiveness 
and benefits of the major rule in producing the 
regulatory objectives of the major rule; and 
‘‘(IV) a review by the Administrator of the 
Office of Information and Regulatory Affairs of
the Office of Management and Budget when re-
quired under executive order; and 
‘‘(J) for any negative-impact on jobs and wages 
rule, a statement that the head of the agency that 
made the rule approved the rule knowing about the 
findings and determination of the agency or the Ad-
ministrator of the Office of Information and Regu-
latory Affairs that qualified the rule as a negative 
impact on jobs and wages rule. 
All information considered by the agency in connection 
with its adoption of the rule, and, at the discretion of the 
President or the Administrator of the Office of Informa-
tion and Regulatory Affairs, information provided by that 
Office in consultations with the agency, shall be placed 
in the docket for the rule and made accessible to the public 
for the public’s use no later than when the rule is adopted. 
‘‘(g) EXCEPTIONS FROM NOTICE AND HEARING RE-
QUIREMENTS.—(1) Except when notice or hearing is re-
quired by statute, the following do not apply to interpre-
tive rules, general statements of policy, or rules of agency 
organization, procedure, or practice: 
‘‘(A) Subsections (c) through (e). 
‘‘(B) Paragraphs (1) through (3) of subsection 
(f).
‘‘(C) Subparagraphs (B) through (H) of sub-
section (f)(4). 
‘‘(2)(A) When the agency for good cause, based upon 
evidence, finds (and incorporates the finding and a brief 
statement of reasons therefor in the rules issued) that 
compliance with subsection (c), (d), or (e) or requirements 
to render final determinations under subsection (f) of this 
section before the issuance of an interim rule is impracti-
cable or contrary to the public interest, including interests 
of national security, such subsections or requirements to 
render final determinations shall not apply to the agency’s 
adoption of an interim rule. 
‘‘(B) If, following compliance with subparagraph (A) 
of this paragraph, the agency adopts an interim rule, it 
shall commence proceedings that comply fully with sub-
sections (d) through (f) of this section immediately upon 
publication of the interim rule, shall treat the publication 
of the interim rule as publication of a notice of proposed 
rule making and shall not be required to issue supple-
mental notice other than to complete full compliance with 
subsection (d). No less than 270 days from publication 
of the interim rule (or 18 months in the case of a major 
rule or high-impact rule), the agency shall complete rule 
making under subsections (d) through (f) of this sub-
section and take final action to adopt a final rule or re-
scind the interim rule. If the agency fails to take timely 
final action, the interim rule will cease to have the effect 
of law. 
‘‘(C) Other than in cases involving interests of na-
tional security, upon the agency’s publication of an interim 
rule without compliance with subsection (c), (d), or (e) or 
requirements to render final determinations under sub-
section (f) of this section, an interested party may seek 
immediate judicial review under chapter 7 of this title of 
the agency’s determination to adopt such interim rule. The 
record on such review shall include all documents and in-
formation considered by the agency and any additional in-
formation presented by a party that the court determines 
necessary to consider to assure justice. 
‘‘(3) When the agency for good cause finds (and in-
corporates the finding and a brief statement of reasons 
therefor in the rules issued) that notice and public proce-
dure thereon are unnecessary, including because agency 
rule making is undertaken only to correct a de minimis 
technical or clerical error in a previously issued rule or 
for other noncontroversial purposes, the agency may pub-
lish a rule without compliance with subsection (c), (d), (e), 
or (f)(1)–(3) and (f)(4)(B)–(F). If the agency receives sig-
nificant adverse comment within 60 days after publication 
of the rule, it shall treat the notice of the rule as a notice
of proposed rule making and complete rule making in com-
pliance with subsections (d) and (f). 
‘‘(h) ADDITIONAL REQUIREMENTS FOR HEARINGS.— 
When a hearing is required under subsection (e) or is oth-
erwise required by statute or at the agency’s discretion 
before adoption of a rule, the agency shall comply with 
the requirements of sections 556 and 557 in addition to 
the requirements of subsection (f) in adopting the rule and 
in providing notice of the rule’s adoption. 
‘‘(i) DATE OF PUBLICATION OF RULE.—The required 
publication or service of a substantive final or interim rule 
shall be made not less than 30 days before the effective 
date of the rule, except— 
‘‘(1) a substantive rule which grants or recog-
nizes an exemption or relieves a restriction; 
‘‘(2) interpretive rules and statements of policy; 
or 
‘‘(3) as otherwise provided by the agency for 
good cause found and published with the rule. 
‘‘(j) RIGHT TO PETITION.—Each agency shall give 
an interested person the right to petition for the issuance, 
amendment, or repeal of a rule. 
‘‘(k) RULE MAKING GUIDELINES.—(1)(A) The Ad-
ministrator of the Office of Information and Regulatory 
Affairs shall establish guidelines for the assessment, in-
cluding quantitative and qualitative assessment, of the 
costs and benefits of proposed and final rules and other 
economic issues or issues related to risk that are relevant 
to rule making under this title. The rigor of cost-benefit 
analysis required by such guidelines shall be commensu-
rate, in the Administrator’s determination, with the eco-
nomic impact of the rule. 
‘‘(B) To ensure that agencies use the best available 
techniques to quantify and evaluate anticipated present 
and future benefits, costs, other economic issues, and risks 
as accurately as possible, the Administrator of the Office 
of Information and Regulatory Affairs shall regularly up-
date guidelines established under paragraph (1)(A) of this 
subsection. 
‘‘(2) The Administrator of the Office of Information 
and Regulatory Affairs shall also issue guidelines to pro-
mote coordination, simplification and harmonization of 
agency rules during the rule making process and other-
wise. Such guidelines shall assure that each agency avoids 
regulations that are inconsistent or incompatible with, or 
duplicative of, its other regulations and those of other 
Federal agencies and drafts its regulations to be simple 
and easy to understand, with the goal of minimizing the 
potential for uncertainty and litigation arising from such 
uncertainty.
‘‘(3) To ensure consistency in Federal rule making, 
the Administrator of the Office of Information and Regu-
latory Affairs shall— 
‘‘(A) issue guidelines and otherwise take action 
to ensure that rule makings conducted in whole or 
in part under procedures specified in provisions of 
law other than those of subchapter II of this title 
conform to the fullest extent allowed by law with the 
procedures set forth in section 553 of this title; and 
‘‘(B) issue guidelines for the conduct of hear-
ings under subsections 553(d)(4) and 553(e) of this 
section, including to assure a reasonable opportunity 
for cross-examination. Each agency shall adopt regu-
lations for the conduct of hearings consistent with 
the guidelines issued under this subparagraph. 
‘‘(4) The Administrator of the Office of Information 
and Regulatory Affairs shall issue guidelines pursuant to 
the Information Quality Act to apply in rule making pro-
ceedings under sections 553, 556, and 557 of this title. 
In all cases, such guidelines, and the Administrator’s spe-
cific determinations regarding agency compliance with 
such guidelines, shall be entitled to judicial deference. 
‘‘(l) INCLUSION IN THE RECORD OF CERTAIN DOCU-
MENTS AND INFORMATION.—The agency shall include in 
the record for a rule making, and shall make available by
electronic means and otherwise, all documents and infor-
mation prepared or considered by the agency during the 
proceeding, including, at the discretion of the President 
or the Administrator of the Office of Information and Reg-
ulatory Affairs, documents and information communicated 
by that Office during consultation with the Agency. 
‘‘(m) MONETARY POLICY EXEMPTION.—Nothing in 
subsection (b)(6), subparagraphs (F) and (G) of sub-
section (d)(1), subsection (e), subsection (f)(3), and sub-
paragraphs (C) and (D) of subsection (f)(5) shall apply 
to rule makings that concern monetary policy proposed or 
implemented by the Board of Governors of the Federal 
Reserve System or the Federal Open Market Committee. 
‘‘(n) REGULATION-SPECIFIC FRAMEWORKS.— 
‘‘(1) REPORT TO CONGRESS.—The agency shall 
provide a report to Congress not later than 90 days 
after the agency makes any determination under 
subsection (f)(4)(I)(iii)(II) that the cost to regulated 
entities has exceeded the anticipated cost at the time 
the final rule was issued. The agency, at a min-
imum, shall assess in the report— 
‘‘(A) whether the major rule is accom-
plishing its regulatory objective; and 
‘‘(B) whether the major rule has been ren-
dered unnecessary, taking into consideration—
‘‘(i) changes in the subject area af-
fected by the major rule; 
‘‘(ii) whether the major rule overlaps, 
duplicates, or conflicts with other rules or, 
to the extent feasible, State and local gov-
ernment regulations; and 
‘‘(iii) other alternatives to the major 
rule or modification of the major rule that 
might achieve better results while imposing 
a smaller burden on society or at a lower 
cost, taking into consideration any cost al-
ready incurred. 
‘‘(2) REOPENING OF PUBLIC DOCKET.—Upon 
delivery of the report required in paragraph (1) the 
agency shall— 
‘‘(A) reopen the public docket for 60 days 
to receive additional comments; and 
‘‘(B) consider modifications or alternatives 
that reduce costs and increase benefits to regu-
lated entities or individuals. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to affect any other 
provision of law that requires an agency to conduct 
retrospective reviews of rules issued by the agency.’’.
SEC. 104. AGENCY GUIDANCE; PROCEDURES TO ISSUE 
MAJOR GUIDANCE; PRESIDENTIAL AUTHOR-
ITY TO ISSUE GUIDELINES FOR ISSUANCE OF 
GUIDANCE. 
(a) IN GENERAL.—Chapter 5 of title 5, United 
States Code, is amended by inserting after section 553 the 
following new section: 
‘‘§ 553a. Agency guidance; procedures to issue major 
guidance; authority to issue guidelines 
for issuance of guidance 
‘‘(a) Before issuing any major guidance, or guidance 
that involves a novel legal or policy issue arising out of 
statutory mandates, an agency shall— 
‘‘(1) make and document a reasoned determina-
tion that— 
‘‘(A) assures that such guidance is under-
standable and complies with relevant statutory 
objectives and regulatory provisions (including 
any statutory deadlines for agency action); 
‘‘(B) summarizes the evidence and data on 
which the agency will base the guidance; 
‘‘(C) identifies the costs and benefits (in-
cluding all costs to be considered during a rule 
making under section 553(b) of this title) of 
conduct conforming to such guidance and
assures that such benefits justify such costs; 
and 
‘‘(D) describes alternatives to such guid-
ance and their costs and benefits (including all 
costs to be considered during a rule making 
under section 553(b) of this title) and explains 
why the agency rejected those alternatives; and 
‘‘(2) confer with the Administrator of the Office 
of Information and Regulatory Affairs on the 
issuance of such guidance to assure that the guid-
ance is reasonable, understandable, consistent with 
relevant statutory and regulatory provisions and re-
quirements or practices of other agencies, does not 
produce costs that are unjustified by the guidance’s 
benefits, and is otherwise appropriate. 
Upon issuing major guidance, or guidance that involves 
a novel legal or policy issue arising out of statutory man-
dates, the agency shall publish the documentation required 
by subparagraph (1) by electronic means and otherwise. 
‘‘(b) Agency guidance— 
‘‘(1) is not legally binding and may not be re-
lied upon by an agency as legal grounds for agency 
action; 
‘‘(2) shall state in a plain, prominent and per-
manent manner that it is not legally binding; and
‘‘(3) shall, at the time it is issued or upon re-
quest, be made available by the issuing agency to in-
terested persons and the public by electronic means 
and otherwise. 
Agencies shall avoid the issuance of guidance that is in-
consistent or incompatible with, or duplicative of, the 
agency’s governing statutes or regulations, with the goal 
of minimizing the potential for uncertainty and litigation 
arising from such uncertainty. 
‘‘(c) The Administrator of the Office of Information 
and Regulatory Affairs shall have authority to issue guide-
lines for use by the agencies in the issuance of major guid-
ance and other guidance. Such guidelines shall assure that 
each agency avoids issuing guidance documents that are 
inconsistent or incompatible with, or duplicative of, the 
law, its other regulations, or the regulations of other Fed-
eral agencies, drafts its guidance documents to be simple 
and easy to understand, and issues guidance in a manner 
sufficient to provide at least 90 days for affected entities 
to take steps to comply with such guidance, with the goal 
of minimizing the potential for uncertainty and litigation 
arising from such uncertainty.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 5 of title 5, United States Code, is amended
by inserting after the item relating to section 553 the fol-
lowing new item: 
‘‘553a. Agency guidance; procedures to issue major guidance; authority to issue 
guidelines for issuance of guidance.’’. 
SEC. 105. HEARINGS; PRESIDING EMPLOYEES; POWERS AND 
DUTIES; 
BURDEN 
OF 
PROOF; 
EVIDENCE; 
RECORD AS BASIS OF DECISION. 
Section 556 of title 5, United States Code, is amend-
ed by striking subsection (e) and inserting the following: 
‘‘(e)(1) The transcript of testimony and exhibits, to-
gether with all papers and requests filed in the proceeding, 
constitutes the exclusive record for decision in accordance 
with section 557 and shall be made available to the parties 
and the public by electronic means and, upon payment of 
lawfully prescribed costs, otherwise. When an agency deci-
sion rests on official notice of a material fact not appear-
ing in the evidence in the record, a party is entitled, on 
timely request, to an opportunity to show the contrary. 
‘‘(2) Notwithstanding paragraph (1) of this sub-
section, in a proceeding held under this section pursuant 
to section 553(d)(4) or 553(e), the record for decision 
shall also include any information that is part of the 
record of proceedings under section 553. 
‘‘(f) When an agency conducts rule making under this 
section and section 557 directly after concluding pro-
ceedings upon an advance notice of proposed rule making
under section 553(c), the matters to be considered and 
determinations to be made shall include, among other rel-
evant matters and determinations, the matters and deter-
minations described in subsections (b) and (f) of section 
553. 
‘‘(g) Upon receipt of a petition for a hearing under 
this section, the agency shall grant the petition in the case 
of any major rule, unless the agency reasonably deter-
mines that a hearing would not advance consideration of 
the rule or would, in light of the need for agency action, 
unreasonably delay completion of the rule making. The 
agency shall publish its decision to grant or deny the peti-
tion when it renders the decision, including an explanation 
of the grounds for decision. The information contained in 
the petition shall in all cases be included in the adminis-
trative record. This subsection shall not apply to rule mak-
ings that concern monetary policy proposed or imple-
mented by the Board of Governors of the Federal Reserve 
System or the Federal Open Market Committee.’’. 
SEC. 106. ACTIONS REVIEWABLE. 
Section 704 of title 5, United States Code, is amend-
ed— 
(1) by striking ‘‘Agency action made’’ and in-
serting ‘‘(a) Agency action made’’; and
(2) by adding at the end the following: ‘‘Denial 
by an agency of a correction request or, where ad-
ministrative appeal is provided for, denial of an ap-
peal, under an administrative mechanism described 
in subsection (b)(2)(B) of the Information Quality 
Act, or the failure of an agency within 90 days to 
grant or deny such request or appeal, shall be final 
action for purposes of this section. 
‘‘(b) Other than in cases involving interests of na-
tional security, notwithstanding subsection (a) of this sec-
tion, upon the agency’s publication of an interim rule with-
out compliance with section 553(c), (d), or (e) or require-
ments to render final determinations under subsection (f) 
of section 553, an interested party may seek immediate 
judicial review under this chapter of the agency’s deter-
mination to adopt such rule on an interim basis. Review 
shall be limited to whether the agency abused its discre-
tion to adopt the interim rule without compliance with sec-
tion 553(c), (d), or (e) or without rendering final deter-
minations under subsection (f) of section 553.’’. 
SEC. 107. SCOPE OF REVIEW. 
Section 706 of title 5, United States Code is amend-
ed— 
(1) by striking ‘‘To the extent necessary’’ and 
inserting ‘‘(a) To the extent necessary’’;
(2) in paragraph (2)(A) of subsection (b) (as 
designated by section 202 of this Act), by inserting 
after ‘‘in accordance with law’’ the following: ‘‘(in-
cluding the Information Quality Act)’’; and 
(3) by adding at the end the following: 
‘‘(c) The court shall not defer to the agency’s— 
‘‘(1) determination of the costs and benefits or 
other economic or risk assessment of the action, if 
the agency failed to conform to guidelines on such 
determinations and assessments established by the 
Administrator of the Office of Information and Reg-
ulatory Affairs under section 553(k); 
‘‘(2) determinations made in the adoption of an 
interim rule; or 
‘‘(3) guidance. 
‘‘(d) The court shall review agency denials of peti-
tions under section 553(e)(6) or any other petition for a 
hearing under sections 556 and 557 for abuse of agency 
discretion.’’. 
SEC. 108. ADDED DEFINITION. 
Section 701(b) of title 5, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end;
(2) in paragraph (2), by striking the period at 
the end, and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) ‘substantial evidence’ means such relevant 
evidence as a reasonable mind might accept as ade-
quate to support a conclusion in light of the record 
considered as a whole, taking into account whatever 
in the record fairly detracts from the weight of the 
evidence relied upon by the agency to support its de-
cision.’’. 
SEC. 109. EFFECTIVE DATE. 
The amendments made by this title to— 
(1) sections 553, 556, and 704 of title 5, 
United States Code; 
(2) subsection (b) of section 701 of such title; 
(3) paragraphs (1) and (2) of section 706(c) of 
such title; and 
(4) subsection (d) of section 706 of such title, 
shall not apply to any rule makings pending or completed 
on the date of enactment of this title. 
SEC. 110. PROMPT ISSUANCE OF OIRA GUIDELINES. 
The Administrator of the Office of Information and 
Regulatory Affairs of the Office of Management and 
Budget shall establish any guideline required to be estab-
lished by this title or the amendments made by this title
by not later than 270 days after the date of enactment 
of this title. 
TITLE II—SEPARATION OF 
POWERS RESTORATION ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Separation of Powers 
Restoration Act’’. 
SEC. 202. JUDICIAL REVIEW OF STATUTORY AND REGU-
LATORY INTERPRETATIONS. 
Section 706 of title 5, United States Code, as amend-
ed by this Act, is further amended— 
(1) in subsection (a) (as designated by section 
107 of this Act)— 
(A) by striking ‘‘decide all relevant ques-
tions of law, interpret constitutional and statu-
tory provisions, and’’; and 
(B) by inserting after ‘‘of the terms of an 
agency action’’ the following ‘‘and decide de 
novo all relevant questions of law, including the 
interpretation of constitutional and statutory 
provisions, and rules made by agencies. If the 
reviewing court determines that a statutory or 
regulatory provision relevant to its decision con-
tains a gap or ambiguity, the court shall not in-
terpret that gap or ambiguity as an implicit del-
egation to the agency of legislative rule making 
authority and shall not rely on such gap or am-
biguity as a justification either for interpreting 
agency authority expansively or for deferring to 
the agency’s interpretation on the question of 
law. Notwithstanding any other provision of 
law, this subsection shall apply in any action 
for judicial review of agency action authorized 
under any provision of law. No law may exempt 
any such civil action from the application of 
this section except by specific reference to this 
section’’; and 
(2) by striking ‘‘The reviewing court shall—’’ 
and inserting the following: 
‘‘(b) The reviewing court shall—’’. 
TITLE 
III—SMALL 
BUSINESS 
REGULATORY 
FLEXIBILITY 
IMPROVEMENTS ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Small Business Regu-
latory Flexibility Improvements Act’’.
SEC. 302. 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) a rule pertaining to the protection of 
the rights of and benefits for veterans or part 
232 of title 32 of the Code of Federal Regula-
tions (as in effect on July 1, 2014) or any suc-
cessor provisions thereto; or 
‘‘(B) a rule of particular (and not general) 
applicability relating to rates, wages, corporate 
or financial structures or reorganizations there-
of, prices, facilities, appliances, services, or al-
lowances therefor or to valuations, costs or ac-
counting, 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 (includ-
ing compliance costs and effects on revenue) 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 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 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: 
‘‘(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). 
‘‘(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.— 
(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 
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 million 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 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 
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. 303. 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 
(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. 304. 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-
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 on small entities 
beyond that already imposed on the class of small 
entities by the agency or why such an estimate is 
not available; 
‘‘(7) describing any disproportionate economic 
impact on small entities or a specific class of small 
entities; and 
‘‘(8) describing any impairment of the ability of 
small entities to have access to credit.’’. 
(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’’; 
(C) in the first paragraph (6), by striking 
‘‘; and’’ at the end; 
(D) in the second paragraph (6), by strik-
ing the period and inserting ‘‘; and’’; 
(E) by redesignating the second paragraph 
(6) as paragraph (7); and 
(F) by adding at the end the following: 
‘‘(8) a detailed description of any dispropor-
tionate economic impact on small entities or a spe-
cific 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: 
‘‘(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;
(2) by inserting ‘‘and legal’’ after ‘‘factual’’; 
and 
(3) by inserting ‘‘The detailed statement shall 
include an economic assessment or a summary there-
of that is sufficiently detailed to support the agen-
cy’s certification.’’ before ‘‘The agency shall provide 
such certification’’. 
(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.’’. 
SEC. 305. REPEAL OF WAIVER AND DELAY AUTHORITY; AD-
DITIONAL POWERS OF THE CHIEF COUNSEL 
FOR ADVOCACY. 
(a) IN GENERAL.—Section 608 of title 5, United 
States Code, 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 this section, the Chief Counsel for Advocacy 
of the Small Business Administration shall, after oppor-
tunity 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 no-
tice 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 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 
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. 306. 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: 
‘‘(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-
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 
the cost that small entities pay for energy, an assessment 
of the proposed rule’s impact on startup costs for small 
entities, and a discussion of any alternatives that will min-
imize adverse significant 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 
million 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 
‘‘(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. 
‘‘(g) A small entity or a representative of a small enti-
ty may submit a request that the agency provide a copy 
of the report prepared under subsection (d) and all mate-
rials and information provided to the Chief Counsel for 
Advocacy of the Small Business Administration under 
subsection (b). The agency receiving such request shall 
provide the report, materials and information to the re-
questing small entity or representative of a small entity 
not later than 10 business days after receiving such re-
quest, except that the agency shall not disclose any infor-
mation that is prohibited from disclosure to the public 
pursuant to section 552(b) of this title.’’. 
SEC. 307. 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 
this section, each agency shall publish in the Federal Reg-
ister 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 sub-
stantial 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 
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 this 
section within 10 years of the date of publication of the 
plan in the Federal Register and for review of rules adopt-
ed after the date of enactment of this section within 10 
years after the publication of the final rule in the Federal 
Register. If the head of the agency determines that com-
pletion 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 publi-
cation 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 (including small business concerns 
owned and controlled by women, small business concerns 
owned and controlled by veterans, and small business con-
cerns owned and controlled by socially and economically 
disadvantaged individuals (as such terms are defined in 
the Small Business Act)) for the purposes of carrying out 
this section. The agency shall include in this section a plan 
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. 
‘‘(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) 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-
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 
(3) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8) all final rules under section 608(a) of title 
5.’’. 
(b) CONFORMING AMENDMENTS.—Paragraph (3) of 
section 2341 of title 28, United States Code, is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(F) the Office of Advocacy of the Small 
Business Administration, when the final rule is 
under section 608(a) of title 5.’’. 
(c) AUTHORIZATION TO INTERVENE AND COMMENT 
ON AGENCY COMPLIANCE WITH ADMINISTRATIVE PROCE-
DURE.—Subsection (b) of section 612 of title 5, United 
States Code, is amended by inserting ‘‘chapter 5, and 
chapter 7,’’ after ‘‘this chapter,’’. 
SEC. 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.’’. 
(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 
(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: 
‘‘§ 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 as 
follows: 
(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.’’. 
(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 
in section 603(d)— 
(1) by striking paragraph (2); 
(2) by striking ‘‘(1) For a covered agency,’’ and 
inserting ‘‘For a covered agency,’’; 
(3) by striking ‘‘(A) any’’ and inserting ‘‘(1) 
any’’;
(4) by striking ‘‘(B) any’’ and inserting ‘‘(2) 
any’’; and 
(5) by striking ‘‘(C) advice’’ and inserting ‘‘(3) 
advice’’. 
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-
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. 
TITLE 
IV—REQUIRE 
EVALUA-
TION 
BEFORE 
IMPLE-
MENTING 
EXECUTIVE 
WISHLISTS ACT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Require Evaluation 
before Implementing Executive Wishlists Act’’ or as the 
‘‘REVIEW Act’’. 
SEC. 402. RELIEF PENDING REVIEW. 
Section 705 of title 5, United States Code, is amend-
ed— 
(1) by striking ‘‘When’’ and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—When’’; and 
(2) by adding at the end the following: 
‘‘(b) HIGH-IMPACT RULES.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘Administrator’ means the 
Administrator of the Office of Information and
Regulatory Affairs of the Office of Management 
and Budget; and 
‘‘(B) the term ‘high-impact rule’ means 
any rule that the Administrator determines may 
impose an annual cost on the economy of not 
less than $1,000,000,000. 
‘‘(2) IDENTIFICATION.—A final rule may not be 
published or take effect until the agency making the 
rule submits the rule to the Administrator and the 
Administrator makes a determination as to whether 
the rule is a high-impact rule, which shall be pub-
lished by the agency with the final rule. 
‘‘(3) RELIEF.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an agency shall postpone the 
effective date of a high-impact rule of the agen-
cy until the final disposition of all actions seek-
ing judicial review of the rule. 
‘‘(B) FAILURE TO TIMELY SEEK JUDICIAL 
REVIEW.—Notwithstanding section 553(i), if no 
person seeks judicial review of a high-impact 
rule— 
‘‘(i) during any period explicitly pro-
vided for judicial review under the statute 
authorizing the making of the rule; or
‘‘(ii) if no such period is explicitly pro-
vided for, during the 60-day period begin-
ning on the date on which the high-impact 
rule is published in the Federal Register, 
the high-impact rule may take effect as early as 
the date on which the applicable period ends. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to impose any limi-
tation under law on any court against the issuance 
of any order enjoining the implementation of any 
rule.’’. 
TITLE V—ALL ECONOMIC REGU-
LATIONS ARE TRANSPARENT 
ACT 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘All Economic Regula-
tions are Transparent Act’’ or the ‘‘ALERT Act’’. 
SEC. 502. OFFICE OF INFORMATION AND REGULATORY AF-
FAIRS PUBLICATION OF INFORMATION RE-
LATING TO RULES. 
(a) AMENDMENT.—Title 5, United States Code, is 
amended by inserting after chapter 6, the following new 
chapter:
‘‘CHAPTER 6A—OFFICE OF INFORMATION 
AND REGULATORY AFFAIRS PUBLICA-
TION OF INFORMATION RELATING TO 
RULES 
‘‘Sec. 651. Agency monthly submission to office of information and regulatory 
affairs. 
‘‘Sec. 652. Office of information and regulatory affairs publications. 
‘‘Sec. 653. Requirement for rules to appear in agency-specific monthly publica-
tion. 
‘‘Sec. 654. Definitions. 
‘‘SEC. 651. AGENCY MONTHLY SUBMISSION TO OFFICE OF 
INFORMATION AND REGULATORY AFFAIRS. 
‘‘On a monthly basis, the head of each agency shall 
submit to the Administrator of the Office of Information 
and Regulatory Affairs (referred to in this chapter as the 
‘Administrator’), in such a manner as the Administrator 
may reasonably require, the following information: 
‘‘(1) For each rule that the agency expects to 
propose or finalize during the 12-month period fol-
lowing the month covered by the monthly submis-
sion: 
‘‘(A) A summary of the nature of the rule, 
including the regulation identifier number and 
the docket number for the rule. 
‘‘(B) The objectives of and legal basis for 
the issuance of the rule, including— 
‘‘(i) any statutory or judicial deadline; 
and
‘‘(ii) whether the legal basis restricts 
or precludes the agency from conducting 
an analysis of the costs or benefits of the 
rule during the rule making, and if not, 
whether the agency plans to conduct an 
analysis of the costs or benefits of the rule 
during the rule making. 
‘‘(C) Whether the agency plans to claim an 
exemption from the requirements of section 553 
pursuant to section 553(g)(2)(A). 
‘‘(D) The stage of the rule making as of 
the date of submission. 
‘‘(E) Whether the rule is subject to review 
under section 610. 
‘‘(2) For any rule for which the agency expects 
to finalize during the 12-month period following the 
month covered by the monthly submission and has 
issued a general notice of proposed rule making— 
‘‘(A) an approximate schedule for com-
pleting action on the rule; 
‘‘(B) an estimate of whether the rule will 
cost— 
‘‘(i) less than $50,000,000; 
‘‘(ii) $50,000,000 or more but less 
than $100,000,000;
‘‘(iii) $100,000,000 or more but less 
than $500,000,000; 
‘‘(iv) $500,000,000 or more but less 
than $1,000,000,000; 
‘‘(v) $1,000,000,000 or more but less 
than $5,000,000,000; 
‘‘(vi) $5,000,000,000 or more but less 
than $10,000,000,000; or 
‘‘(vii) $10,000,000,000 or more; 
‘‘(C) any estimate of the economic effects 
of the rule, including the imposition of un-
funded mandates and any estimate of the net 
effect that the rule will have on the number of 
jobs in the United States, that was considered 
in drafting the rule, or, if no such estimate is 
available, a statement affirming that no infor-
mation on the economic effects, including the 
effect on the number of jobs, of the rule has 
been considered; and 
‘‘(D) a list of all influential scientific infor-
mation disseminated or expected to be dissemi-
nated by the agency relating to the rule, includ-
ing any peer review plans for the information, 
including—
‘‘(i) the date the information or peer 
review was or is expected to be received by 
the agency; 
‘‘(ii) the date the information or peer 
review was publically disclosed or is ex-
pected to be publically disclosed, and, if 
that date is altered in subsequent reports, 
a brief explanation for the change; and 
‘‘(iii) the Internet address of the in-
formation or peer review completed and 
disclosed or of where the information or 
peer review will be found, once completed 
and disclosed. 
‘‘SEC. 652. OFFICE OF INFORMATION AND REGULATORY AF-
FAIRS PUBLICATIONS. 
‘‘(a) AGENCY-SPECIFIC INFORMATION PUBLISHED 
MONTHLY.—Not later than 30 days after the submission 
of information pursuant to section 651, the Administrator 
shall make such information publicly available on the 
Internet. 
‘‘(b) CUMULATIVE ASSESSMENT OF AGENCY RULE 
MAKING PUBLISHED ANNUALLY.— 
‘‘(1) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—Not later than October 1 of each year, the
Administrator shall publish in the Federal Register 
the following, with respect to the previous year: 
‘‘(A) The information that the Adminis-
trator received from the head of each agency 
under section 651. 
‘‘(B) The number of rules and a list of 
each such rule— 
‘‘(i) that was proposed by each agen-
cy, including, for each such rule, an indica-
tion of whether the issuing agency con-
ducted an analysis of the costs or benefits 
of the rule; and 
‘‘(ii) that was finalized by each agen-
cy, including for each such rule an indica-
tion of whether— 
‘‘(I) the issuing agency conducted 
an analysis of the costs or benefits of 
the rule; 
‘‘(II) the agency claimed an ex-
emption from the procedures under 
section 
553 
pursuant 
to 
section 
553(g)(2)(A); and 
‘‘(III) the rule was issued pursu-
ant to a statutory mandate or the rule
making is committed to agency discre-
tion by law. 
‘‘(C) The number of agency actions and a 
list of each such action taken by each agency 
that— 
‘‘(i) repealed a rule; 
‘‘(ii) reduced the scope of a rule; 
‘‘(iii) reduced the cost of a rule; or 
‘‘(iv) accelerated the expiration date 
of a rule. 
‘‘(D) The total cost (without reducing the 
cost by any offsetting benefits) of all rules pro-
posed or finalized, the total cost of any un-
funded mandates imposed by all such rules, and 
the number of rules for which an estimate of 
the cost of the rule was not available. 
‘‘(2) PUBLICATION
ON
THE
INTERNET.—Not 
later than October 1 of each year, the Administrator 
shall make publicly available on the Internet the fol-
lowing: 
‘‘(A) The analysis of the costs or benefits, 
if conducted, for each proposed rule or final 
rule issued by an agency for the previous year.
‘‘(B) The docket number and regulation 
identifier number for each proposed or final 
rule issued by an agency for the previous year. 
‘‘(C) The number of rules and a list of 
each such rule reviewed by the Director of the 
Office of Management and Budget for the pre-
vious year, and the authority under which each 
such review was conducted. 
‘‘(D) The number of rules and a list of 
each such rule for which the head of an agency 
completed a review under section 610 for the 
previous year. 
‘‘(E) The number of rules and a list of 
each such rule submitted to the Comptroller 
General under section 801. 
‘‘(F) The number of rules and a list of 
each such rule for which a resolution of dis-
approval was introduced in either the House of 
Representatives or the Senate under section 
802. 
‘‘SEC. 653. REQUIREMENT FOR RULES TO APPEAR IN AGEN-
CY-SPECIFIC MONTHLY PUBLICATION. 
‘‘(a) IN GENERAL.—Subject to subsection (b), a rule 
may not take effect until the information required to be 
made publicly available on the Internet regarding such
rule pursuant to section 652(a) has been so available for 
not less than 6 months. 
‘‘(b) EXCEPTIONS.—The requirement of subsection 
(a) shall not apply in the case of a rule— 
‘‘(1) for which the agency issuing the rule 
claims an exception under section 553(g)(2)(A); or 
‘‘(2) which the President determines by Execu-
tive order should take effect because the rule is— 
‘‘(A) necessary because of an imminent 
threat to health or safety or other emergency; 
‘‘(B) necessary for the enforcement of 
criminal laws; 
‘‘(C) necessary for national security; or 
‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement. 
‘‘SEC. 654. DEFINITIONS. 
‘‘In this chapter, the terms ‘agency’, ‘agency action’, 
‘rule’, and ‘rule making’ have the meanings given those 
terms in section 551, and the term ‘unfunded mandate’ 
has the meaning given the term ‘Federal mandate’ in sec-
tion 421(6) of the Congressional Budget Act of 1974 (2 
U.S.C. 658(6)).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of chapters for part I of title 5, United States
Code, is amended by inserting after the item relating to 
chapter 5, the following: 
‘‘6. The Analysis of Regulatory Functions .............................................
601
‘‘6A. Office of Information and Regulatory Affairs Publication of In-
formation Relating to Rules ..........................................
651’’. 
(c) EFFECTIVE DATES.— 
(1) AGENCY MONTHLY SUBMISSION TO THE OF-
FICE
OF
INFORMATION
AND
REGULATORY
AF-
FAIRS.—The first submission required pursuant to 
section 651 of title 5, United States Code, as added 
by subsection (a), shall be submitted not later than 
30 days after the date of the enactment of this title, 
and monthly thereafter. 
(2) CUMULATIVE
ASSESSMENT
OF
AGENCY 
RULE MAKING.— 
(A) IN GENERAL.—Subsection (b) of sec-
tion 652 of title 5, United States Code, as 
added by subsection (a), shall take effect on the 
date that is 60 days after the date of the enact-
ment of this title. 
(B) DEADLINE.—The first requirement to 
publish or make available, as the case may be, 
under subsection (b) of section 652 of title 5, 
United States Code, as added by subsection (a), 
shall be the first October 1 after the effective 
date of such subsection.
(C) FIRST
PUBLICATION.—The require-
ment under section 652(b)(2)(A) of title 5, 
United States Code, as added by subsection (a), 
shall include for the first publication, any anal-
ysis of the costs or benefits conducted for a 
proposed or final rule, for the 10 years before 
the date of the enactment of this title. 
(3) REQUIREMENT FOR RULES TO APPEAR IN 
AGENCY-SPECIFIC MONTHLY PUBLICATION.—Section 
653 of title 5, United States Code, as added by sub-
section (a), shall take effect on the date that is 8 
months after the date of the enactment of this title. 
TITLE VI—PROVIDING ACCOUNT-
ABILITY 
THROUGH 
TRANS-
PARENCY ACT 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Providing Account-
ability Through Transparency Act’’. 
SEC. 602. REQUIREMENT TO POST A 100 WORD SUMMARY 
TO REGULATIONS.GOV. 
Section 553(d)(1) of title 5, United States Code, as 
inserted by section 103(b) of this Act, is amended— 
(1) in subparagraph (G)(iv) by striking ‘‘; and’’ 
and inserting ‘‘;’’;
(2) in subparagraph (H)(ii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(3) by inserting after subparagraph (H) the fol-
lowing: 
‘‘(I) the internet address of a summary of 
not more than 100 words in length of the pro-
posed rule, in plain language, that shall be 
posted on the internet website under section 
206(d) of the E–Government Act of 2002 (44 
U.S.C. 3501 note) (commonly known as regula-
tions.gov).’’. 
Passed the House of Representatives January 11, 
2017. 
Attest: 
Clerk.
115TH CONGRESS 
1ST SESSION 
H. R. 5 
AN ACT 
To reform the process by which Federal agencies 
analyze and formulate new regulations and guid-
ance documents, to clarify the nature of judicial 
review of agency interpretations, to ensure com-
plete analysis of potential impacts on small enti-
ties of rules, and for other purposes.