[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2804 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 2804

_______________________________________________________________________

                                 AN ACT


 
 To amend title 5, United States Code, to require the Administrator of 
the Office of Information and Regulatory Affairs to publish information 
          about rules on the Internet, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 ``Achieving Less 
Excess in Regulation and Requiring Transparency Act of 2014'' or as the 
``ALERRT Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT

Sec. 101. Short title.
Sec. 102. Office of Information and Regulatory Affairs publication of 
                            information relating to rules.
                TITLE II--REGULATORY ACCOUNTABILITY ACT

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Rule making.
Sec. 204. Agency guidance; procedures to issue major guidance; 
                            presidential authority to issue guidelines 
                            for issuance of guidance.
Sec. 205. Hearings; presiding employees; powers and duties; burden of 
                            proof; evidence; record as basis of 
                            decision.
Sec. 206. Actions reviewable.
Sec. 207. Scope of review.
Sec. 208. Added definition.
Sec. 209. Effective date.
           TITLE III--REGULATORY FLEXIBILITY IMPROVEMENTS ACT

Sec. 301. Short title.
Sec. 302. Clarification and expansion of rules covered by the 
                            Regulatory Flexibility 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 
                            Regulatory 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--SUNSHINE FOR REGULATORY DECREES AND SETTLEMENTS ACT

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Consent decree and settlement reform.
Sec. 404. Motions to modify consent decrees.
Sec. 405. Effective date.

         TITLE I--ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``All Economic Regulations are 
Transparent Act of 2014'' or the ``ALERT Act of 2014''.

SEC. 102. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF 
              INFORMATION RELATING 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 PUBLICATION 
                    OF INFORMATION RELATING TO RULES

``Sec.
``651. Agency monthly submission to Office of Information and 
                            Regulatory Affairs.
``652. Office of Information and Regulatory Affairs Publications.
``653. Requirement for rules to appear in agency-specific monthly 
                            publication.
``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 following year:
                    ``(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(b)(B).
                    ``(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 following year and has issued a general notice of 
        proposed rule making--
                    ``(A) an approximate schedule for completing 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; and
                    ``(C) any estimate of the economic effects of the 
                rule, including 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. If 
                such estimate is not available, a statement affirming 
                that no information on the economic effects, including 
                the effect on the number of jobs, of the rule has been 
                considered.
``Sec. 652. Office of Information and Regulatory Affairs 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 register.--Not later than 
        October 1 of each year, the Administrator shall publish in the 
        Federal Register, for the previous year the following:
                    ``(A) The information that the Administrator 
                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 agency, 
                        including, for each such rule, an indication of 
                        whether the issuing agency conducted an 
                        analysis of the costs or benefits of the rule; 
                        and
                            ``(ii) that was finalized by each agency, 
                        including for each such rule an indication of 
                        whether--
                                    ``(I) the issuing agency conducted 
                                an analysis of the costs or benefits of 
                                the rule;
                                    ``(II) the agency claimed an 
                                exemption from the procedures under 
                                section 553 pursuant to section 
                                553(b)(B); and
                                    ``(III) the rule was issued 
                                pursuant to a statutory mandate or the 
                                rule making is committed to agency 
                                discretion 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 proposed or 
                finalized, 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 following:
                    ``(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 previous 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 disapproval was 
                introduced in either the House of Representatives or 
                the Senate under section 802.
``Sec. 653. Requirement for rules to appear in agency-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(b)(B); or
            ``(2) which the President determines by Executive 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 implementing 
                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.''.
    (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              651''.
                            Publication of Information 
                            Relating to Rules.
    (c) Effective Dates.--
            (1) Agency monthly submission to the office of information 
        and regulatory affairs.--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 section 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 enactment 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 requirement under 
                section 652(b)(2)(A) of title 5, United States Code, as 
                added by subsection (a), shall include for the first 
                publication, any analysis 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 subsection (a), shall take effect on the date 
        that is 8 months after the date of the enactment of this title.

                TITLE II--REGULATORY ACCOUNTABILITY ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Regulatory Accountability Act of 
2014''.

SEC. 202. DEFINITIONS.

    Section 551 of title 5, United States Code, is amended--
            (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 Administrator 
        of the Office of Information and Regulatory 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 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
                    ``(D) significant impacts on multiple sectors 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 American Industry 
                Classification System, reduce employment not related to 
                new regulatory compliance by 1 percent or more annually 
                during the 1-year, 5-year, or 10-year period after 
                implementation;
                    ``(B) in one or more sectors of the economy that 
                has a 6-digit code under the North American Industry 
                Classification System, reduce average weekly wages for 
                employment not related to new regulatory compliance by 
                1 percent 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 conducted by the 
                Bureau of Labor Statistics) in which the most recent 
                annual unemployment rate for the industry area is 
                greater than 5 percent, as determined by the Bureau of 
                Labor Statistics in the Current Population Survey, 
                reduce employment not related to new regulatory 
                compliance during the first year after implementation; 
                or
                    ``(D) in any industry area in which the Bureau of 
                Labor Statistics projects in the Occupational 
                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 statutory, regulatory or 
        technical issue or an interpretation of a statutory or 
        regulatory issue;
            ``(19) `major guidance' means guidance that the 
        Administrator of the Office of Information and Regulatory 
        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 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
                    ``(D) significant impacts on multiple sectors of 
                the economy;
            ``(20) the `Information Quality Act' means section 515 of 
        Public Law 106-554, the Treasury and General Government 
        Appropriations Act for Fiscal Year 2001, and guidelines issued 
        by the Administrator 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. 203. RULE MAKING.

    (a) Section 553(a) of title 5, United States Code, is amended by 
striking ``(a) This section applies'' and inserting ``(a) 
Applicability.--This section applies''.
    (b) Section 553 of title 5, United States Code, is amended by 
striking subsections (b) through (e) and inserting 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 is required by 
        statute, and if so, whether by a specific date, or whether the 
        agency has discretion to commence a rule making.
            ``(2) Other statutory considerations applicable to whether 
        the agency can or should propose a rule or undertake other 
        agency action.
            ``(3) The specific nature and significance of the problem 
        the agency may address with a rule (including the degree and 
        nature of risks the problem poses and the priority of 
        addressing those risks compared to other matters or activities 
        within the agency's jurisdiction), whether the problem warrants 
        new agency action, and the countervailing risks that may be 
        posed by alternatives for new agency action.
            ``(4) Whether existing rules have created or contributed to 
        the problem the agency may address with a rule and whether 
        those rules could be amended or rescinded to address the 
        problem in whole or part.
            ``(5) Any reasonable alternatives for a new rule or other 
        response identified by the agency or interested persons, 
        including not only responses that mandate particular conduct or 
        manners of compliance, but also--
                    ``(A) the alternative of no Federal response;
                    ``(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 compliance;
                            ``(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 
                        alternatives rather than agency actions that 
                        specify conduct or manners of compliance.
            ``(6) Notwithstanding any other provision of law--
                    ``(A) the potential costs and benefits associated 
                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 (including an estimate of the 
                net gain or loss in domestic jobs), wages, economic 
                growth, innovation, and economic competitiveness;
                    ``(B) means to increase the cost-effectiveness 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-Impact on Jobs and Wages Rules, and Rules 
Involving Novel Legal or Policy Issues.--In the case of a rule making 
for a major rule, a high-impact rule, a negative-impact on jobs and 
wages rule, or a rule that involves a novel legal or policy issue 
arising out of statutory mandates, not later than 90 days before a 
notice of proposed rule making is published in the Federal Register, an 
agency 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, including data and 
                other evidence and information 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 making is required 
                by statute, and if so, whether by a specific date, or 
                whether the agency has discretion 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 statutory 
                mandates, the nature of and potential reasons 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; Determinations 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 
Information 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 specified in subsection 
                (b);
                    ``(ii) a summary of additional information the 
                agency provided to and obtained from interested persons 
                under subsection (c);
                    ``(iii) a summary of any preliminary risk 
                assessment or regulatory impact analysis performed by 
                the agency; and
                    ``(iv) information specifically identifying all 
                data, studies, models, and other evidence or 
                information 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 proposed rule 
        (including all costs to be considered under subsection (b)(6)), 
        based on the information described 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 alternatives 
                (including all costs to be considered under subsection 
                (b)(6));
                    ``(iii) whether those alternatives meet relevant 
                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 agency 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 connection 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 Administrator 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 
proposed 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 
information 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 notice of proposed rule making to amend or rescind the 
existing rule.
All information provided to or considered by the agency, and steps to 
obtain information by the agency, in connection with its determination 
of other agency course, including 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 Administrator 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 
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 presentation shall be 
        provided pursuant to that requirement; 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 requirements of subsection (e) to receive comment outside 
        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 interested 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 petition for a hearing in accordance 
with section 556 to determine 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 subject of the petition and, if 
appropriate, withdraw the proposed 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 petition 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 presented 
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.
    ``(e) Hearings for High-Impact Rules.--Following notice of a 
proposed rule making, receipt of comments 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 
participants at the hearing other than the agency may waive 
determination 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 proposed rule 
        that would achieve the relevant statutory objectives at a lower 
        cost (including all costs to be considered under subsection 
        (b)(6)) than the proposed rule.
            ``(3) If there is more than one alternative to the proposed 
        rule that would achieve the relevant statutory 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 alternative that would 
        achieve the relevant statutory objectives (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 information 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 relevant to the 
        rule making, unless the agency determines 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 publish in the Federal Register 
a notice specifying the proposed 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 subsection (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 facilitate compliance with 
applicable rule making requirements.
    ``(2) The agency shall adopt a rule only on the basis of the best 
reasonably obtainable scientific, technical, economic, 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 relevant 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 include--
            ``(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 summary of any final risk assessment or 
        regulatory impact analysis prepared by the agency;
            ``(C) the agency's reasoned final determination that the 
        benefits of the rule meet the relevant statutory 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 making, including--
                    ``(i) the agency's reasoned final determination 
                that no alternative considered achieved the relevant 
                statutory objectives with lower costs (including all 
                costs to be considered under subsection (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 determination--
                    ``(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 intends 
                        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 Information 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 objectives;
            ``(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 administrative 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 reduce costs while 
        continuing to achieve statutory objectives; and
            ``(ii) review of a rule under a plan required by clause (i) 
        of this subparagraph shall take into account the factors and 
        criteria set forth in subsections (b) through (f) of section 
        553 of this title; 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 Administrator of the Office of Information 
        and Regulatory 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 Information 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 Requirements.--(1) Except 
when notice or hearing is required by statute, the following do not 
apply to interpretive 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 subsection (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 impracticable 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 subsections (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 supplemental 
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 
subsection and take final action to adopt a final rule or rescind 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 national 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 subsection (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 information considered by 
the agency and any additional information presented by a party that the 
court determines necessary to consider to assure justice.
    ``(3) When the agency for good cause finds (and incorporates the 
finding and a brief statement of reasons therefor in the rules issued) 
that notice and public procedure 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 publish a rule without 
compliance with subsection (c), (d), (e), or (f)(1)-(3) and (f)(4)(B)-
(F). If the agency receives significant 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 compliance 
with subsections (d) and (f).
    ``(h) Additional Requirements for Hearings.--When a hearing is 
required under subsection (e) or is otherwise 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 recognizes 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 Administrator of the 
Office of Information and Regulatory Affairs shall establish guidelines 
for the assessment, including 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 commensurate, in the Administrator's 
determination, with the economic 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 update 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 promote coordination, 
simplification and harmonization of agency rules during the rule making 
process and otherwise. 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 Regulatory 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 hearings under 
        subsections 553(d)(4) and 553(e) of this section, including to 
        assure a reasonable opportunity for cross-examination. Each 
        agency shall adopt regulations 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 proceedings under sections 553, 556, and 557 of 
this title. In all cases, such guidelines, and the Administrator's 
specific determinations regarding agency compliance with such 
guidelines, shall be entitled to judicial deference.
    ``(l) Inclusion in the Record of Certain Documents 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 information 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 Regulatory 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 subsection (d)(1), subsection (e), 
subsection (f)(3), and subparagraphs (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.''.

SEC. 204. AGENCY GUIDANCE; PROCEDURES TO ISSUE MAJOR GUIDANCE; 
              PRESIDENTIAL AUTHORITY 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:
``Sec. 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 determination that--
                    ``(A) assures that such guidance is understandable 
                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 (including 
                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 guidance 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 guidance is reasonable, 
        understandable, consistent with relevant statutory and 
        regulatory provisions and requirements 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 mandates, 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 relied upon by 
        an agency as legal grounds for agency action;
            ``(2) shall state in a plain, prominent and permanent 
        manner that it is not legally binding; and
            ``(3) shall, at the time it is issued or upon request, be 
        made available by the issuing agency to interested persons and 
        the public by electronic means and otherwise.
Agencies shall avoid the issuance of guidance that is inconsistent 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 guidelines for use by the 
agencies in the issuance of major guidance 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 Federal 
agencies and drafts its guidance documents to be simple and easy to 
understand, 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 following new item:

``553a. Agency guidance; procedures to issue major guidance; authority 
                            to issue guidelines for issuance of 
                            guidance.''.

SEC. 205. HEARINGS; PRESIDING EMPLOYEES; POWERS AND DUTIES; BURDEN OF 
              PROOF; EVIDENCE; RECORD AS BASIS OF DECISION.

    Section 556 of title 5, United States Code, is amended by striking 
subsection (e) and inserting the following:
    ``(e)(1) The transcript of testimony and exhibits, together 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 decision rests on official notice of a material fact not 
appearing 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 subsection, 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 proceedings 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 
relevant matters and determinations, the matters and determinations 
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 determines 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 petition 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 administrative record. This subsection shall not 
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.''.

SEC. 206. ACTIONS REVIEWABLE.

    Section 704 of title 5, United States Code, is amended--
            (1) by striking ``Agency action made'' and inserting ``(a) 
        Agency action made''; and
            (2) by adding at the end the following: ``Denial by an 
        agency of a correction request or, where administrative appeal 
        is provided for, denial of an appeal, 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 national security, 
notwithstanding subsection (a) of this section, upon the agency's 
publication of an interim rule without compliance with section 553(c), 
(d), or (e) or requirements 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 determination to 
adopt such rule on an interim basis. Review shall be limited to whether 
the agency abused its discretion to adopt the interim rule without 
compliance with section 553(c), (d), or (e) or without rendering final 
determinations under subsection (f) of section 553.''.

SEC. 207. SCOPE OF REVIEW.

    Section 706 of title 5, United States Code is amended--
            (1) by striking ``To the extent necessary'' and inserting 
        ``(a) To the extent necessary'';
            (2) in paragraph (2)(A) of subsection (a) (as designated by 
        paragraph (1) of this section), by inserting after ``in 
        accordance with law'' the following: ``(including the 
        Information Quality Act)''; and
            (3) by adding at the end the following:
    ``(b) The court shall not defer to the agency's--
            ``(1) interpretation of an agency rule if the agency did 
        not comply with the procedures of section 553 or sections 556-
        557 of chapter 5 of this title to issue the interpretation;
            ``(2) 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 Regulatory Affairs under section 553(k);
            ``(3) determinations made in the adoption of an interim 
        rule; or
            ``(4) guidance.
    ``(c) The court shall review agency denials of petitions under 
section 553(e)(6) or any other petition for a hearing under sections 
556 and 557 for abuse of agency discretion.''.

SEC. 208. 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 adequate 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 
        decision.''.

SEC. 209. 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 (2) and (3) of section 706(b) of such title; 
        and
            (4) subsection (c) of section 706 of such title,
shall not apply to any rule makings pending or completed on the date of 
enactment of this title.

           TITLE III--REGULATORY FLEXIBILITY IMPROVEMENTS ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Regulatory Flexibility 
Improvements Act of 2014''.

SEC. 302. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE 
              REGULATORY FLEXIBILITY ACT.

    (a) In General.--Paragraph (2) of section 601 of title 5, United 
States Code, is amended to read as follows:
            ``(2) Rule.--The term `rule' has the meaning given such 
        term in section 551(4) of this title, except that such term 
        does not include a rule pertaining to the protection of the 
        rights of and benefits for veterans or a rule of particular 
        (and not general) applicability relating to rates, wages, 
        corporate or financial structures or reorganizations thereof, 
        prices, facilities, appliances, services, or allowances 
        therefor or to valuations, costs or accounting, or practices 
        relating to such rates, wages, structures, prices, appliances, 
        services, or allowances.''.
    (b) Inclusion of Rules With Indirect Effects.--Section 601 of title 
5, United States Code, is amended by adding at the end the following 
new paragraph:
            ``(9) Economic impact.--The term `economic impact' means, 
        with respect to a proposed or final rule--
                    ``(A) any direct economic effect on small entities 
                of such rule; and
                    ``(B) any indirect economic effect (including 
                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 Effects.--
            (1) Initial regulatory flexibility analysis.--Subsection 
        (c) of section 603 of title 5, United States Code, is amended 
        by striking the first sentence and inserting ``Each initial 
        regulatory flexibility analysis shall also contain a detailed 
        description of alternatives to the proposed rule which minimize 
        any adverse significant economic impact or maximize any 
        beneficial significant economic impact on small entities.''.
            (2) Final regulatory flexibility analysis.--The first 
        paragraph (6) of section 604(a) of title 5, United States Code, 
        is amended by striking ``minimize the significant economic 
        impact'' and inserting ``minimize the adverse significant 
        economic impact or maximize the beneficial significant economic 
        impact''.
    (d) Inclusion of Rules Affecting Tribal Organizations.--Paragraph 
(5) of section 601 of title 5, United States Code, is amended by 
inserting ``and tribal organizations (as 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 analysis.--Subsection 
        (a) of section 603 of title 5, United States Code, is amended 
        in the first sentence--
                    (A) by striking ``or'' after ``proposed rule,''; 
                and
                    (B) by inserting ``or publishes a revision or 
                amendment to a land management plan,'' after ``United 
                States,''.
            (2) Final regulatory flexibility analysis.--Subsection (a) 
        of section 604 of title 5, United States Code, is amended in 
        the first sentence--
                    (A) by striking ``or'' after ``proposed 
                rulemaking,''; and
                    (B) by inserting ``or adopts a revision or 
                amendment to a land management plan,'' after ``section 
                603(a),''.
            (3) Land management plan defined.--Section 601 of title 5, 
        United States Code, is amended by adding at the end the 
        following new paragraph:
            ``(10) Land management plan.--
                    ``(A) In general.--The term `land management plan' 
                means--
                            ``(i) any plan developed by the Secretary 
                        of Agriculture under section 6 of the Forest 
                        and Rangeland Renewable Resources Planning Act 
                        of 1974 (16 U.S.C. 1604); and
                            ``(ii) any plan developed by the Secretary 
                        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 Renewable 
                        Resources Planning Act of 1974 (16 U.S.C. 
                        1604(f)(5)); or
                            ``(ii) in the case of a plan described in 
                        subparagraph (A)(ii), is made under section 
                        1610.5-6 of title 43, Code of Federal 
                        Regulations (or any successor regulation).
                    ``(C) Amendment.--The term `amendment' means any 
                change to a land management plan which--
                            ``(i) in the case of a plan described in 
                        subparagraph (A)(i), is made under section 
                        6(f)(4) of the Forest and Rangeland Renewable 
                        Resources Planning Act of 1974 (16 U.S.C. 
                        1604(f)(4)) and with respect to which the 
                        Secretary of Agriculture prepares a statement 
                        described in section 102(2)(C) of the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4332(2)(C)); or
                            ``(ii) in the case of a plan described in 
                        subparagraph (A)(ii), is made under section 
                        1610.5-5 of title 43, Code of Federal 
                        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 Environmental 
                        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.
    (f) Inclusion of Certain Interpretive Rules Involving the Internal 
Revenue Laws.--
            (1) In general.--Subsection (a) of 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.--Paragraph (8) of section 
        601 of title 5, United States Code, is amended to read as 
        follows:
            ``(8) Recordkeeping requirement.--The term `recordkeeping 
        requirement' has the meaning given such term in section 
        3502(13) of title 44.''.
    (g) Definition of Small Organization.--Paragraph (4) of section 601 
of title 5, United States Code, is amended to read as follows:
            ``(4) Small organization.--
                    ``(A) In general.--The term `small organization' 
                means any not-for-profit enterprise which, as of the 
                issuance of the notice of proposed 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 enterprise, 
                        has a net worth that does not exceed $7,000,000 
                        and has not more than 500 employees.
                    ``(B) Local labor organizations.--In the case of 
                any local labor organization, subparagraph (A) shall be 
                applied without regard to any national or international 
                organization of which such local labor organization is 
                a part.
                    ``(C) Agency definitions.--Subparagraphs (A) and 
                (B) shall not apply to the extent that an agency, after 
                consultation with the Office of Advocacy of the Small 
                Business Administration and after opportunity for 
                public comment, establishes one or more definitions for 
                such term which are appropriate to the activities of 
                the agency and publishes such definitions in the 
                Federal Register.''.

SEC. 303. EXPANSION OF REPORT OF REGULATORY 
              AGENDA.

    Section 602 of title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``, and'' at the 
                end and inserting ``;'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) a brief description of the sector of the North 
        American Industrial 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 agendas 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 DETAILED ANALYSES.

    (a) Initial Regulatory Flexibility Analysis.--Subsection (b) of 
section 603 of title 5, United States Code, is amended to read as 
follows:
    ``(b) Each initial regulatory flexibility analysis required under 
this section shall contain a detailed statement--
            ``(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, recordkeeping, 
        and other compliance requirements of the proposed rule, 
        including an estimate of the classes of small entities which 
        will be subject to the requirement and the type of professional 
        skills necessary for 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 economic 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 
                explanation'' and inserting ``a detailed explanation'';
                    (B) in each of paragraphs (4), (5), and the first 
                paragraph (6), by inserting ``detailed'' before 
                ``description''; and
                    (C) by adding at the end the following:
            ``(7) describing any disproportionate economic impact on 
        small entities or a specific class of small entities.''.
            (2) Inclusion of response to comments on certification of 
        proposed rule.--Paragraph (2) of section 604(a) of title 5, 
        United States Code, is amended by inserting ``(or certification 
        of the proposed rule under section 605(b))'' after ``initial 
        regulatory flexibility analysis''.
            (3) Publication of analysis on website.--Subsection (b) of 
        section 604 of title 5, United States Code, is amended to read 
        as follows:
    ``(b) The agency shall make copies of the final regulatory 
flexibility analysis available to the public, including placement of 
the entire analysis on the agency's website, and shall publish in the 
Federal Register the final regulatory flexibility analysis, or a 
summary thereof which includes the telephone number, mailing address, 
and link to the website where the complete analysis may be obtained.''.
    (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; and
            (2) by inserting ``and legal'' after ``factual''.
    (e) Quantification Requirements.--Section 607 of title 5, United 
States Code, is amended to read as follows:
``Sec. 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 alternatives 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; ADDITIONAL POWERS OF 
              THE CHIEF COUNSEL FOR ADVOCACY.

    (a) In General.--Section 608 is amended to read as follows:
``Sec. 608. Additional powers of Chief Counsel for Advocacy
    ``(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 opportunity for notice and comment under 
section 553, issue rules governing agency compliance with this chapter. 
The Chief Counsel may modify or amend such rules after notice and 
comment under section 553. This chapter (other than this subsection) 
shall not apply with respect to the issuance, modification, and 
amendment of rules under this paragraph.
    ``(2) An agency shall not issue rules which supplement the rules 
issued under subsection (a) unless such agency has first consulted with 
the Chief Counsel for Advocacy to ensure that such supplemental rules 
comply with this chapter and the rules issued under paragraph (1).
    ``(b) Notwithstanding any other law, the Chief Counsel for Advocacy 
of the Small 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 
impact that any decision on the record may have on small entities. The 
Chief Counsel shall not initiate an appeal with respect to any 
adjudication in which the Chief Counsel intervenes under this 
subsection.
    ``(c) The Chief Counsel for Advocacy may file comments in response 
to any agency notice requesting comment, regardless of whether the 
agency is required to file a general notice of proposed rulemaking 
under section 553.''.
    (b) Conforming Amendments.--
            (1) Section 611(a)(1) of such title is amended by striking 
        ``608(b),''.
            (2) Section 611(a)(2) of such title is amended by striking 
        ``608(b),''.
            (3) Section 611(a)(3) of such title is amended--
                    (A) by striking subparagraph (B); and
                    (B) by striking ``(3)(A) A small entity'' and 
                inserting the following:
    ``(3) A small entity''.

SEC. 306. PROCEDURES FOR GATHERING COMMENTS.

    Section 609 of title 5, United States Code, is amended by striking 
subsection (b) and all that follows through the end of the section and 
inserting the following:
    ``(b)(1) Prior to publication of any proposed rule described in 
subsection (e), an agency making such rule shall notify the Chief 
Counsel for Advocacy of the Small Business Administration and provide 
the Chief Counsel with--
            ``(A) all materials prepared or utilized by the agency in 
        making the proposed rule, including the draft of the proposed 
        rule; and
            ``(B) information on the potential adverse and beneficial 
        economic impacts of the proposed rule on small entities and the 
        type of small entities that might be affected.
    ``(2) An agency shall not be required under paragraph (1) to 
provide the exact language of any draft if the rule--
            ``(A) relates to the internal revenue laws of the United 
        States; or
            ``(B) is proposed by an independent regulatory agency (as 
        defined in section 3502(5) of title 44).
    ``(c) Not later than 15 days after the receipt of such materials 
and information under subsection (b), the Chief Counsel for Advocacy of 
the Small Business Administration shall--
            ``(1) identify small entities or representatives of small 
        entities or a combination of both for the purpose of obtaining 
        advice, input, and recommendations from those persons about the 
        potential economic impacts of the proposed rule and the 
        compliance 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 
        agency other than an independent regulatory agency (as defined 
        in section 3502(5) of title 44), an employee from the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget to review 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 Counsel for Advocacy of the 
Small Business Administration shall, after consultation with the 
members of such panel, submit a report to the agency and, in the case 
of an agency other than an independent regulatory agency (as defined in 
section 3502(5) of title 44), the Office of Information 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 start-up costs 
for small entities, and a discussion of any alternatives that will 
minimize 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 response to such report.
    ``(e) A proposed rule is described by this subsection if the 
Administrator of the Office of Information and Regulatory Affairs of 
the Office of Management and Budget, the head of the agency (or the 
delegatee of the head of the agency), or an independent regulatory 
agency determines that the proposed rule is likely to result in--
            ``(1) an annual effect on the economy of $100,000,000 or 
        more;
            ``(2) a major increase in costs or prices for consumers, 
        individual industries, Federal, State, or local governments, 
        tribal organizations, or geographic regions;
            ``(3) significant adverse effects on competition, 
        employment, investment, productivity, innovation, or on the 
        ability of United States-based enterprises to compete with 
        foreign-based enterprises in domestic and export markets; or
            ``(4) a significant economic impact on a substantial number 
        of small entities.
    ``(f) Upon application by the agency, the Chief Counsel for 
Advocacy of the Small 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, unnecessary, or contrary to the public interest.
    ``(g) A small entity or a representative of a small entity may 
submit a request that the agency provide a copy of the report prepared 
under subsection (d) and all materials 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 requesting small entity or 
representative of a small entity not later than 10 business days after 
receiving such request, except that the agency shall not disclose any 
information 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 amended to read as 
follows:
``Sec. 610. Periodic review of rules
    ``(a) Not later than 180 days after the enactment of this section, 
each agency shall publish in the Federal Register and place on its 
website a plan for the periodic review of rules issued by the agency 
which the head of the agency determines have a significant economic 
impact on a substantial number of small entities. Such determination 
shall be made without regard to whether the agency performed an 
analysis under section 604. The purpose of the review shall be to 
determine whether such rules should be continued without change, or 
should be amended or rescinded, consistent with the stated objectives 
of applicable statutes, to minimize any adverse significant economic 
impacts or maximize any beneficial significant economic impacts on a 
substantial number of small entities. Such plan may be amended by the 
agency at any time by publishing the revision in the Federal 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 adopted 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 completion 
of the review of existing rules is not feasible by the established 
date, the head of the agency shall so certify in a statement published 
in the Federal Register and may extend the review for not longer than 2 
years after publication of notice of extension in the Federal Register. 
Such certification and notice shall be sent to the Chief Counsel for 
Advocacy of the Small Business Administration and the Congress.
    ``(c) The plan shall include a section that details how an agency 
will conduct outreach to and meaningfully include small businesses 
(including small business concerns owned and controlled by women, small 
business concerns owned and controlled by veterans, and small business 
concerns 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 gather their input on existing agency 
rules.
    ``(d) Each agency shall annually submit a report regarding 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 agencies other than independent regulatory agencies (as defined 
in section 3502(5) of title 44) to the Administrator of the Office of 
Information and Regulatory Affairs of the Office of Management and 
Budget. Such report shall include 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 greatest 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, duplicates, or 
        conflicts with other Federal rules and, unless the head of the 
        agency determines it to be infeasible, State, territorial, and 
        local rules.
            ``(6) The contribution of the rule to the cumulative 
        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, economic conditions, or 
        other factors have changed in the area affected by the rule.
    ``(f) Each year, each agency shall publish in the Federal Register 
and on its website a list of rules to be reviewed 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 impact on a substantial 
number of small entities (without regard to whether it had prepared a 
final regulatory flexibility analysis for the rule), and request 
comments from the public, the Chief Counsel for Advocacy of the Small 
Business Administration, and the Regulatory Enforcement Ombudsman 
concerning the enforcement of the rule.''.

SEC. 308. JUDICIAL REVIEW OF COMPLIANCE WITH THE REQUIREMENTS OF THE 
              REGULATORY FLEXIBILITY 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 jurisdiction 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 inserting 
        ``publication of the final rule''; and
            (2) by inserting ``, in the case of a rule for which the 
        date of final agency action is the same date as the publication 
        of the final rule,'' after ``except that''.
    (d) Intervention by Chief Counsel for Advocacy.--Subsection (b) of 
section 612 of title 5, United States Code, is amended by inserting 
before the first period ``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 following new 
        paragraph:
            ``(8) all final rules under section 608(a) of title 5.''.
    (b) Conforming Amendments.--Paragraph (3) of section 2341 of title 
28, United States Code, is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) the Office of Advocacy of the Small Business 
                Administration, when the final rule is under section 
                608(a) of title 5.''.
    (c) Authorization To Intervene and Comment on Agency Compliance 
With Administrative Procedure.--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 BUSINESS 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 criteria 
                specified in paragraph (1)--
                            ``(i) the Administrator may specify 
                        detailed 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 Advocacy.''.
    (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 Advocacy, as 
        appropriate'' before ``shall ensure''; and
            (2) by inserting ``or Chief Counsel for Advocacy'' before 
        the period at the end.
    (d) Judicial Review of Size Standards Approved 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 approved by chief 
        counsel.--In the case of an action for judicial review of a 
        rule which includes a definition or standard approved by the 
        Chief Counsel for Advocacy under this subsection, the party 
        seeking 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 inserting 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 inserting the 
                following:
            ``(3) Small business.--The term'';
            (3) in paragraph (5)--
                    (A) by striking the semicolon at the end and 
                inserting a period; and
                    (B) by striking ``(5) the term'' and inserting the 
                following:
            ``(5) Small governmental jurisdiction.--The term''; and
            (4) in paragraph (6)--
                    (A) by striking ``; and'' and inserting a period; 
                and
                    (B) by striking ``(6) the term'' and inserting the 
                following:
            ``(6) Small entity.--The term''.
    (b) Incorporations by Reference and Certifications.--The heading of 
section 605 of title 5, United States Code, is amended to read as 
follows:
``Sec. 605. Incorporations by reference and certifications''.
    (c) Table of Sections.--The table of sections for chapter 6 of 
title 5, United States Code, is amended--
            (1) by striking the item relating to section 605 and 
        inserting the following new item:

``605. Incorporations by reference and certifications.'';
            (2) by striking the item relating to section 607 and 
        inserting the following new item:

``607. Quantification requirements.'';
        and
            (3) by striking the item relating to section 608 and 
        inserting the following:

``608. Additional powers of Chief Counsel for Advocacy.''.
    (d) Other Clerical Amendments to Chapter 6.--Chapter 6 of title 5, 
United States Code, is amended as follows:
            (1) In section 603, by striking subsection (d).
            (2) In section 604(a) by striking the second paragraph (6).

SEC. 312. AGENCY PREPARATION OF GUIDES.

    Section 212(a)(5) the Small Business Regulatory Enforcement 
Fairness Act of 1996 (5 U.S.C. 601 note) is amended to read as follows:
            ``(5) Agency preparation of guides.--The agency shall, in 
        its sole discretion, taking into account the subject matter of 
        the rule and the language of relevant statutes, ensure that the 
        guide is written 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 Administration 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--SUNSHINE FOR REGULATORY DECREES AND SETTLEMENTS ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Sunshine for Regulatory Decrees 
and Settlements Act of 2014''.

SEC. 402. DEFINITIONS.

    In this title--
            (1) the terms ``agency'' and ``agency action'' have the 
        meanings given those terms under section 551 of title 5, United 
        States Code;
            (2) the term ``covered civil action'' means a civil 
        action--
                    (A) seeking to compel agency action;
                    (B) alleging that the agency is unlawfully 
                withholding or unreasonably delaying an agency action 
                relating to a regulatory action that would affect the 
                rights of--
                            (i) private persons other than the person 
                        bringing the action; or
                            (ii) a State, local, or tribal government; 
                        and
                    (C) brought under--
                            (i) chapter 7 of title 5, United States 
                        Code; or
                            (ii) any other statute authorizing such an 
                        action;
            (3) the term ``covered consent decree'' means--
                    (A) a consent decree entered into in a covered 
                civil action; and
                    (B) any other consent decree that requires agency 
                action relating to a regulatory action that affects the 
                rights of--
                            (i) private persons other than the person 
                        bringing the action; or
                            (ii) a State, local, or tribal government;
            (4) the term ``covered consent decree or settlement 
        agreement'' means a covered consent decree and a covered 
        settlement agreement; and
            (5) the term ``covered settlement agreement'' means--
                    (A) a settlement agreement entered into in a 
                covered civil action; and
                    (B) any other settlement agreement that requires 
                agency action relating to a regulatory action that 
                affects the rights of--
                            (i) private persons other than the person 
                        bringing the action; or
                            (ii) a State, local, or tribal government.

SEC. 403. CONSENT DECREE AND SETTLEMENT REFORM.

    (a) Pleadings and Preliminary Matters.--
            (1) In general.--In any covered civil action, the agency 
        against which the covered civil action is brought shall publish 
        the notice of intent to sue and the complaint in a readily 
        accessible manner, including by making the notice of intent to 
        sue and the complaint available online not later than 15 days 
        after receiving service of the notice of intent to sue or 
        complaint, respectively.
            (2) Entry of a covered consent decree or settlement 
        agreement.--A party may not make a motion for entry of a 
        covered consent decree or to dismiss a civil action pursuant to 
        a covered settlement agreement until after the end of 
        proceedings in accordance with paragraph (1) and subparagraphs 
        (A) and (B) of paragraph (2) of subsection (d) or subsection 
        (d)(3)(A), whichever is later.
    (b) Intervention.--
            (1) Rebuttable presumption.--In considering a motion to 
        intervene in a covered civil action or a civil action in which 
        a covered consent decree or settlement agreement has been 
        proposed that is filed by a person who alleges that the agency 
        action in dispute would affect the person, the court shall 
        presume, subject to rebuttal, that the interests of the person 
        would not be represented adequately by the existing parties to 
        the action.
            (2) State, local, and tribal governments.--In considering a 
        motion to intervene in a covered civil action or a civil action 
        in which a covered consent decree or settlement agreement has 
        been proposed that is filed by a State, local, or tribal 
        government, the court shall take due account of whether the 
        movant--
                    (A) administers jointly with an agency that is a 
                defendant in the action the statutory provisions that 
                give rise to the regulatory action to which the action 
                relates; or
                    (B) administers an authority under State, local, or 
                tribal law that would be preempted by the regulatory 
                action to which the action relates.
    (c) Settlement Negotiations.--Efforts to settle a covered civil 
action or otherwise reach an agreement on a covered consent decree or 
settlement agreement shall--
            (1) be conducted pursuant to the mediation or alternative 
        dispute resolution program of the court or by a district judge 
        other than the presiding judge, magistrate judge, or special 
        master, as determined appropriate by the presiding judge; and
            (2) include any party that intervenes in the action.
    (d) Publication of and Comment on Covered Consent Decrees or 
Settlement Agreements.--
            (1) In general.--Not later than 60 days before the date on 
        which a covered consent decree or settlement agreement is filed 
        with a court, the agency seeking to enter the covered consent 
        decree or settlement agreement shall publish in the Federal 
        Register and online--
                    (A) the proposed covered consent decree or 
                settlement agreement; and
                    (B) a statement providing--
                            (i) the statutory basis for the covered 
                        consent decree or settlement agreement; and
                            (ii) a description of the terms of the 
                        covered consent decree or settlement agreement, 
                        including whether it provides for the award of 
                        attorneys' fees or costs and, if so, the basis 
                        for including the award.
            (2) Public comment.--
                    (A) In general.--An agency seeking to enter a 
                covered consent decree or settlement agreement shall 
                accept public comment during the period described in 
                paragraph (1) on any issue relating to the matters 
                alleged in the complaint in the applicable civil action 
                or addressed or affected by the proposed covered 
                consent decree or settlement agreement.
                    (B) Response to comments.--An agency shall respond 
                to any comment received under subparagraph (A).
                    (C) Submissions to court.--When moving that the 
                court enter a proposed covered consent decree or 
                settlement agreement or for dismissal pursuant to a 
                proposed covered consent decree or settlement 
                agreement, an agency shall--
                            (i) inform the court of the statutory basis 
                        for the proposed covered consent decree or 
                        settlement agreement and its terms;
                            (ii) submit to the court a summary of the 
                        comments received under subparagraph (A) and 
                        the response of the agency to the comments;
                            (iii) submit to the court a certified index 
                        of the administrative record of the notice and 
                        comment proceeding; and
                            (iv) make the administrative record 
                        described in clause (iii) fully accessible to 
                        the court.
                    (D) Inclusion in record.--The court shall include 
                in the court record for a civil action the certified 
                index of the administrative record submitted by an 
                agency under subparagraph (C)(iii) and any documents 
                listed in the index which any party or amicus curiae 
                appearing before the court in the action submits to the 
                court.
            (3) Public hearings permitted.--
                    (A) In general.--After providing notice in the 
                Federal Register and online, an agency may hold a 
                public hearing regarding whether to enter into a 
                proposed covered consent decree or settlement 
                agreement.
                    (B) Record.--If an agency holds a public hearing 
                under subparagraph (A)--
                            (i) the agency shall--
                                    (I) submit to the court a summary 
                                of the proceedings;
                                    (II) submit to the court a 
                                certified index of the hearing record; 
                                and
                                    (III) provide access to the hearing 
                                record to the court; and
                            (ii) the full hearing record shall be 
                        included in the court record.
            (4) Mandatory deadlines.--If a proposed covered consent 
        decree or settlement agreement requires an agency action by a 
        date certain, the agency shall, when moving for entry of the 
        covered consent decree or settlement agreement or dismissal 
        based on the covered consent decree or settlement agreement, 
        inform the court of--
                    (A) any required regulatory action the agency has 
                not taken that the covered consent decree or settlement 
                agreement does not address;
                    (B) how the covered consent decree or settlement 
                agreement, if approved, would affect the discharge of 
                the duties described in subparagraph (A); and
                    (C) why the effects of the covered consent decree 
                or settlement agreement on the manner in which the 
                agency discharges its duties is in the public interest.
    (e) Submission by the Government.--
            (1) In general.--For any proposed covered consent decree or 
        settlement agreement that contains a term described in 
        paragraph (2), the Attorney General or, if the matter is being 
        litigated independently by an agency, the head of the agency 
        shall submit to the court a certification that the Attorney 
        General or head of the agency approves the proposed covered 
        consent decree or settlement agreement. The Attorney General or 
        head of the agency shall personally sign any certification 
        submitted under this paragraph.
            (2) Terms.--A term described in this paragraph is--
                    (A) in the case of a covered consent decree, a term 
                that--
                            (i) converts into a nondiscretionary duty a 
                        discretionary authority of an agency to 
                        propose, promulgate, revise, or amend 
                        regulations;
                            (ii) commits an agency to expend funds that 
                        have not been appropriated and that have not 
                        been budgeted for the regulatory action in 
                        question;
                            (iii) commits an agency to seek a 
                        particular appropriation or budget 
                        authorization;
                            (iv) divests an agency of discretion 
                        committed to the agency by statute or the 
                        Constitution of the United States, without 
                        regard to whether the discretion was granted to 
                        respond to changing circumstances, to make 
                        policy or managerial choices, or to protect the 
                        rights of third parties; or
                            (v) otherwise affords relief that the court 
                        could not enter under its own authority upon a 
                        final judgment in the civil action; or
                    (B) in the case of a covered settlement agreement, 
                a term--
                            (i) that provides a remedy for a failure by 
                        the agency to comply with the terms of the 
                        covered settlement agreement other than the 
                        revival of the civil action resolved by the 
                        covered settlement agreement; and
                            (ii) that--
                                    (I) interferes with the authority 
                                of an agency to revise, amend, or issue 
                                rules under the procedures set forth in 
                                chapter 5 of title 5, United States 
                                Code, or any other statute or Executive 
                                order prescribing rulemaking procedures 
                                for a rulemaking that is the subject of 
                                the covered settlement agreement;
                                    (II) commits the agency to expend 
                                funds that have not been appropriated 
                                and that have not been budgeted for the 
                                regulatory action in question; or
                                    (III) for such a covered settlement 
                                agreement that commits the agency to 
                                exercise in a particular way discretion 
                                which was committed to the agency by 
                                statute or the Constitution of the 
                                United States to respond to changing 
                                circumstances, to make policy or 
                                managerial choices, or to protect the 
                                rights of third parties.
    (f) Review by Court.--
            (1) Amicus.--A court considering a proposed covered consent 
        decree or settlement agreement shall presume, subject to 
        rebuttal, that it is proper to allow amicus participation 
        relating to the covered consent decree or settlement agreement 
        by any person who filed public comments or participated in a 
        public hearing on the covered consent decree or settlement 
        agreement under paragraph (2) or (3) of subsection (d).
            (2) Review of deadlines.--
                    (A) Proposed covered consent decrees.--For a 
                proposed covered consent decree, a court shall not 
                approve the covered consent decree unless the proposed 
                covered consent decree allows sufficient time and 
                incorporates adequate procedures for the agency to 
                comply with chapter 5 of title 5, United States Code, 
                and other applicable statutes that govern rulemaking 
                and, unless contrary to the public interest, the 
                provisions of any Executive order that governs 
                rulemaking.
                    (B) Proposed covered settlement agreements.--For a 
                proposed covered settlement agreement, a court shall 
                ensure that the covered settlement agreement allows 
                sufficient time and incorporates adequate procedures 
                for the agency to comply with chapter 5 of title 5, 
                United States Code, and other applicable statutes that 
                govern rulemaking and, unless contrary to the public 
                interest, the provisions of any Executive order that 
                governs rulemaking.
    (g) Annual Reports.--Each agency shall submit to Congress an annual 
report that, for the year covered by the report, includes--
            (1) the number, identity, and content of covered civil 
        actions brought against and covered consent decrees or 
        settlement agreements entered against or into by the agency; 
        and
            (2) a description of the statutory basis for--
                    (A) each covered consent decree or settlement 
                agreement entered against or into by the agency; and
                    (B) any award of attorneys fees or costs in a civil 
                action resolved by a covered consent decree or 
                settlement agreement entered against or into by the 
                agency.

SEC. 404. MOTIONS TO MODIFY CONSENT DECREES.

    If an agency moves a court to modify a covered consent decree or 
settlement agreement and the basis of the motion is that the terms of 
the covered consent decree or settlement agreement are no longer fully 
in the public interest due to the obligations of the agency to fulfill 
other duties or due to changed facts and circumstances, the court shall 
review the motion and the covered consent decree or settlement 
agreement de novo.

SEC. 405. EFFECTIVE DATE.

    This title shall apply to--
            (1) any covered civil action filed on or after the date of 
        enactment of this title; and
            (2) any covered consent decree or settlement agreement 
        proposed to a court on or after the date of enactment of this 
        title.

            Passed the House of Representatives February 27, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 2804

_______________________________________________________________________

                                 AN ACT

 To amend title 5, United States Code, to require the Administrator of 
the Office of Information and Regulatory Affairs to publish information 
          about rules on the Internet, and for other purposes.