[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 426 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 426

 To amend chapter 6 of title 5, United States Code (commonly known as 
    the Regulatory Flexibility Act), to ensure complete analysis of 
 potential impacts on small entities of rules, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2015

  Ms. Ayotte introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 6 of title 5, United States Code (commonly known as 
    the Regulatory Flexibility Act), to ensure complete analysis of 
 potential impacts on small entities of rules, 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.

    This Act may be cited as the ``Small Business Regulatory 
Flexibility Improvements Act of 2015''.

SEC. 2. 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'--
                    ``(A) has the meaning given such term in section 
                551(4); and
                    ``(B) does not include--
                            ``(i) a rule pertaining to the protection 
                        of the rights of or benefits for veterans; or
                            ``(ii) a rule of particular (and not 
                        general) applicability relating to--
                                    ``(I) rates, wages, corporate or 
                                financial structures or reorganizations 
                                thereof, prices, facilities, 
                                appliances, services, or allowances 
                                therefor; or
                                    ``(II) valuations, costs or 
                                accounting, or practices relating to 
                                rates, wages, structures, prices, 
                                facilities, appliances, services, or 
                                allowances described in subclause 
                                (I).''.
    (b) Inclusion of Rules With Indirect Effects.--Section 601 of title 
5, United States Code, is amended by adding at the end the following:
            ``(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 the rule; and
                    ``(B) any indirect economic effect (including 
                compliance costs and effects on revenue) on small 
                entities which is reasonably foreseeable and results 
                from the 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.--Section 
        603(c) 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.--Section 604(a) 
        of title 5, United States Code, is amended, in the first 
        paragraph designated as paragraph (6) (relating to minimization 
        of significant economic impacts), 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.--Section 
601(5) of title 5, United States Code, is amended by striking ``special 
districts,'' and inserting ``special districts and tribal organizations 
(as defined in section 4(l) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b(l)))''.
    (e) Inclusion of Land Management Plans and Formal Rulemaking.--
            (1) Initial regulatory flexibility analysis.--Section 
        603(a) 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.--Section 604(a) 
        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, as amended by subsection (b), is amended by 
        adding at the end the following:
            ``(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', relating to a 
                land management plan, means any change that--
                            ``(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', relating to 
                a land management plan, means any change that--
                            ``(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.--Section 603(a) 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 under the internal 
        revenue laws directly or under the interpretative rules.''.
            (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 nonprofit 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--
                                    ``(I) has a net worth that does not 
                                exceed $7,000,000; and
                                    ``(II) has not more than 500 
                                employees.
                    ``(B) Local labor organizations.--In the case of 
                any local labor organization (as defined in section 2 
                of the National Labor Relations Act (29 U.S.C. 152)), 
                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--
                            ``(i) establishes 1 or more definitions for 
                        the term `small organization' which are 
                        appropriate to the activities of the agency; 
                        and
                            ``(ii) publishes such definitions in the 
                        Federal Register.''.

SEC. 3. EXPANSION OF REPORT OF REGULATORY AGENDA.

    Section 602 of title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``, and'' at the 
                end and inserting ``;'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) a brief description of the sector of the North 
        American Industrial 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) by striking subsection (c) and inserting the following:
    ``(c) Not later than 3 days after the date on which an agency 
publishes a regulatory flexibility agenda under subsection (a) in the 
Federal Register--
            ``(1) the agency shall prominently display a plain language 
        summary of the information contained in the regulatory 
        flexibility agenda on the website of the agency; and
            ``(2) the Office of Advocacy of the Small Business 
        Administration shall prominently display a plain language 
        summary of the regulatory agenda on the website of the Office, 
        as part of a compilation of such summaries.''.

SEC. 4. 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 designated as paragraph (6) (relating to 
                minimization of significant economic impacts), by 
                inserting ``detailed'' before ``description'';
                    (C) in the first paragraph designated as paragraph 
                (6) (relating to minimization of significant economic 
                impacts), by striking ``and'' at the end;
                    (D) in the second paragraph (6), by striking the 
                period and inserting ``; and'';
                    (E) by redesignating the second paragraph 
                designated as paragraph (6) (relating to covered 
                agencies) as paragraph (7); and
                    (F) by adding at the end the following:
            ``(8) a detailed description of 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.--Section 604(a)(2) 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) An agency shall--
            ``(1) make copies of each final regulatory flexibility 
        analysis available to the public, including placement of the 
        entire analysis on the website of the agency; and
            ``(2) 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) An agency shall be considered to have satisfied any 
requirement regarding the content of an agenda or regulatory 
flexibility analysis under section 602, 603, or 604, if the agency 
provides in the 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 the requirement.''.
    (d) Certifications.--Section 605(b) 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. 5. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDITIONAL POWERS OF THE 
              CHIEF COUNSEL FOR ADVOCACY.

    (a) In General.--Section 608 of title 5, United States Code, is 
amended to read as follows:
``Sec. 608. Additional powers of Chief Counsel for Advocacy
    ``(a) Rules Governing Agency Compliance.--
            ``(1) In general.--Not later than 270 days after the date 
        of the enactment of the Small Business Regulatory Flexibility 
        Improvements Act of 2015, 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) Limitation on supplemental rules.--An agency may not 
        issue rules which supplement the rules issued under paragraph 
        (1) unless the agency has first consulted with the Chief 
        Counsel for Advocacy to ensure that the supplemental rules 
        comply with this chapter and the rules issued under paragraph 
        (1).
    ``(b) Intervention.--
            ``(1) In general.--Notwithstanding any other provision of 
        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.
            ``(2) Limitation.--The Chief Counsel shall not initiate an 
        appeal with respect to any adjudication in which the Chief 
        Counsel intervenes under this subsection.
    ``(c) Response to Agency Notices.--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.--Section 611(a) of title 5, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``608(b),'';
            (2) in paragraph (2), by striking ``608(b),''; and
            (3) in paragraph (3)--
                    (A) by striking subparagraph (B); and
                    (B) by striking ``(3)(A) A small entity'' and 
                inserting ``(3) A small entity''.

SEC. 6. PROCEDURES FOR GATHERING COMMENTS.

    Section 609 of title 5, United States Code, is amended--
            (1) in subsection (a), by inserting ``In General.--'' 
        before ``When any rule is promulgated''; and
            (2) by striking subsection (b) and all that follows and 
        inserting the following:
    ``(b) Information to Chief Counsel.--
            ``(1) In general.--Before publishing a proposed rule 
        described in subsection (e), the agency issuing the rule shall 
        notify the Chief Counsel for Advocacy of the Small Business 
        Administration and provide the Chief Counsel with--
                    ``(A) all materials prepared or used by the agency 
                in preparing 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) Exception.--An agency shall not be required under 
        paragraph (1) to provide the exact language of any draft if--
                    ``(A) the rule relates to the internal revenue laws 
                of the United States; or
                    ``(B) the agency issuing the rule is an independent 
                regulatory agency (as defined in section 3502(5) of 
                title 44).
    ``(c) Chief Counsel Action.--Not later than 15 days after the 
receipt of 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--
                    ``(A) the potential economic impacts of the 
                proposed rule; and
                    ``(B) the compliance of the agency with section 
                603; and
            ``(2) convene a review panel to review the materials and 
        information provided to the Chief Counsel under subsection (b), 
        which shall consist of--
                    ``(A) an employee from the Office of Advocacy of 
                the Small Business Administration;
                    ``(B) an employee from the agency issuing the rule; 
                and
                    ``(C) 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.
    ``(d) Report.--
            ``(1) In general.--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 the review panel, 
        submit a report to--
                    ``(A) the agency; and
                    ``(B) 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) Contents.--Each report under paragraph (1) shall 
        include--
                    ``(A) 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;
                    ``(B) an assessment of the impact of the proposed 
                rule on start-up costs for small entities; and
                    ``(C) a discussion of any alternatives that will 
                minimize adverse significant economic impacts or 
                maximize beneficial significant economic impacts on 
                small entities.
            ``(3) Treatment of reports.--Each report under paragraph 
        (1) 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 the report.
    ``(e) Rules Covered.--A proposed rule described in this subsection 
is a proposed rule that the Administrator of the Office of Information 
and Regulatory Affairs of the Office of Management and Budget, the head 
of the agency, or an independent regulatory agency determines 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) Waiver Authority.--Upon application by an 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) Requests for Reports.--
            ``(1) In general.--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).
            ``(2) Production.--Not later than 10 business days after 
        receiving a request under paragraph (1), an agency shall 
        provide the report, materials, and information requested to the 
        small entity or representative of a small entity making the 
        request, except that the agency shall not disclose any 
        information that is prohibited from disclosure to the public 
        pursuant to section 552(b).''.

SEC. 7. 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) Definitions.--In this section--
            ``(1) the term `covered rule' means a rule issued by an 
        agency that the head of the agency determines has a significant 
        economic impact on a substantial number of small entities, 
        which shall be determined without regard to whether the agency 
        performed an analysis under section 604; and
            ``(2) the term `plan' means a plan for the periodic review 
        of covered rules developed under subsection (b)(1).
    ``(b) Development of Plan for Periodic Review.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Small Business Regulatory Flexibility 
        Improvements Act of 2015, each agency shall develop, publish in 
        the Federal Register, and place on the website of the agency a 
        plan for the periodic review of the covered rules of the 
        agency.
            ``(2) Purpose.--The purpose of a plan shall be to determine 
        whether the covered rules of the agency 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.
            ``(3) Revisions.--A plan may be amended by an agency at any 
        time by publishing the revision in the Federal Register and 
        placing the amended plan on the website of the agency.
    ``(c) Plan Requirements.--
            ``(1) Deadlines.--A plan shall--
                    ``(A) except as provided in paragraph (2), provide 
                for the review of all covered rules of the agency in 
                effect on the date of the enactment of the Small 
                Business Regulatory Flexibility Improvements Act of 
                2015 by not later than 10 years after the date of 
                publication of the initial plan in the Federal 
                Register; and
                    ``(B) provide for the review of each covered rule 
                of the agency adopted after the date of enactment of 
                the Small Business Regulatory Flexibility Improvements 
                Act of 2015 by not later than 10 years after the date 
                of publication of the final rule in the Federal 
                Register.
            ``(2) Extension of initial deadline.--If the head of an 
        agency determines that completion of the review of covered 
        rules described in paragraph (1)(A) is not feasible by date 
        described in such paragraph, not later than the date described 
        in such paragraph, the head of the agency--
                    ``(A) shall publish in the Federal Register and 
                submit to Congress and the Chief Counsel for Advocacy a 
                statement certifying the determination of the head of 
                the agency; and
                    ``(B) may extend the period for completing the 
                review for not longer than 2 years after publication of 
                notice of extension in the Federal Register.
    ``(d) Inclusion of Small Businesses.--A plan shall detail how an 
agency will--
            ``(1) 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 (15 U.S.C. 631 et seq.))) for the purposes of carrying out 
        this section; and
            ``(2) contact small businesses and gather their input on 
        covered rules of the agency.
    ``(e) Reporting.--Each agency shall annually submit to 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 a report regarding the results of the review of 
the agency under the plan of the agency, which shall include the 
identification of any covered rule with respect to which the head of 
the agency made a determination described in subparagraph (E) or (F) of 
subsection (f)(2) and a detailed explanation of the reasons for such 
determination.
    ``(f) Amendment or Recession of Rules.--
            ``(1) In general.--In reviewing a covered rule under 
        subsections (b) through (e), an agency shall amend or rescind 
        the covered 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.
            ``(2) Factors.--In amending or rescinding a covered rule, 
        an agency shall consider--
                    ``(A) the continued need for the covered rule;
                    ``(B) the nature of complaints received by the 
                agency from small entities concerning the covered rule;
                    ``(C) comments by the Regulatory Enforcement 
                Ombudsman and the Chief Counsel for Advocacy of the 
                Small Business Administration;
                    ``(D) the complexity of the covered rule;
                    ``(E) the extent to which the covered 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;
                    ``(F) the contribution of the covered rule to the 
                cumulative economic impact of all Federal rules on the 
                class of small entities affected by the covered rule, 
                unless the head of the agency determines that such 
                calculations cannot be made and includes a discussion 
                of that determination in the annual report required 
                under subsection (e); and
                    ``(G) the length of time since the covered rule has 
                been evaluated or the degree to which technology, 
                economic conditions, or other factors have changed in 
                the area affected by the covered rule.
    ``(g) Rules To Be Reviewed.--Each year, each agency shall--
            ``(1) publish in the Federal Register and on the website of 
        the agency a list of covered rules to be reviewed pursuant to 
        the plan of the agency, which shall include--
                    ``(A) a solicitation of public comments on any 
                further inclusions or exclusions of rules from the 
                list; and
                    ``(B) a brief description of--
                            ``(i) the covered rule; and
                            ``(ii) the reason why the agency determined 
                        that the covered rule has a significant 
                        economic impact on a substantial number of 
                        small entities;
            ``(2) 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 covered rule; and
            ``(3) respond to any comments received under paragraph (1) 
        or (2).''.

SEC. 8. JUDICIAL REVIEW OF COMPLIANCE WITH THE REQUIREMENTS OF THE 
              REGULATORY FLEXIBILITY ACT AVAILABLE AFTER PUBLICATION OF 
              THE FINAL RULE.

    (a) In General.--Section 611(a) of title 5, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``final agency action'' 
        and inserting ``such rule'';
            (2) in paragraph (2), by inserting ``(or which would have 
        such jurisdiction if publication of the final rule constituted 
        final agency action)'' after ``provision of law,''; and
            (3) in paragraph (3)--
                    (A) by striking ``final agency action'' the first 
                place it appears and inserting ``publication of the 
                final rule''; and
                    (B) 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''.
    (b) Intervention by Chief Counsel for Advocacy.--Section 612(b) 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. 9. 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:
            ``(8) all final rules under section 608(a) of title 5.''.
    (b) Conforming Amendments.--Section 2341(3) 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:
                    ``(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.--Section 612(b) of title 5, United 
States Code, is amended, in the second sentence, by inserting ``chapter 
5, and chapter 7,'' after ``this chapter,''.

SEC. 10. 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)) 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)) is amended to read 
as follows:
                            ``(iii) is approved--
                                    ``(I) by the Administrator; or
                                    ``(II) in the case of a size 
                                standard that is not prescribed by the 
                                Administrator, by the Chief Counsel for 
                                Advocacy.''.
    (c) Industry Variation.--Section 3(a)(3) 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. 11. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Definitions.--Section 601 of title 5, United States Code, is 
amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``this chapter--'' and inserting ``this chapter:'';
            (2) in paragraph (1)--
                    (A) by striking the semicolon at the end and 
                inserting a period; and
                    (B) by striking ``(1) the term'' and inserting 
                ``(1) Agency.--The term'';
            (3) in paragraph (3)--
                    (A) by striking the semicolon at the end and 
                inserting a period; and
                    (B) by striking ``(3) the term'' and inserting 
                ``(3) Small business.--The term'';
            (4) in paragraph (5)--
                    (A) by striking the semicolon at the end and 
                inserting a period; and
                    (B) by striking ``(5) the term'' and inserting 
                ``(5) Small governmental jurisdiction.--The term'';
            (5) in paragraph (6)--
                    (A) by striking ``; and'' and inserting a period; 
                and
                    (B) by striking ``(6) the term'' and inserting 
                ``(6) Small entity.--The term''; and
            (6) by adding at the end the following:
            ``(11) Covered agency.--The term `covered agency' means--
                    ``(A) the Environmental Protection Agency;
                    ``(B) the Consumer Financial Protection Bureau of 
                the Federal Reserve System; and
                    ``(C) the Occupational Safety and Health 
                Administration of the Department of Labor.''.
    (b) Incorporations by Reference and Certifications.--Section 605 of 
title 5, United States Code, is amended, in the heading, by striking 
``Avoidance of duplicative or unnecessary analyses'' and inserting 
``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:

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

``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 Conforming Amendments.--
            (1) Section 603(d) title 5, United States Code, is 
        amended--
                    (A) by striking paragraph (2);
                    (B) by striking ``(1) For a covered agency, as 
                defined in section 609(d)(2),'' and inserting ``For a 
                covered agency,'';
                    (C) by striking ``(A) any'' and inserting ``(1) 
                any'';
                    (D) by striking ``(B) any'' and inserting ``(2) 
                any''; and
                    (E) by striking ``(C) advice'' and inserting ``(3) 
                advice''.
            (2) Section 604(a)(7) of title 5, United States Code, as 
        redesignated by section 4(b)(1)(E), is amended by striking ``, 
        as defined in section 609(d)(2),''

SEC. 12. 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. 13. COMPTROLLER GENERAL REPORT.

    Not later than 90 days after the date of enactment of this Act, 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 Act and the amendments made by 
this Act.
                                 <all>