[Congressional Record Volume 156, Number 23 (Tuesday, February 23, 2010)]
[Senate]
[Pages S704-S707]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself and Mr. Pryor):
  S. 3024. A bill to ensure that the creation of jobs by small 
businesses is considered during the Federal legislative and rulemaking 
process, and for other purposes; to the Committee on Homeland Security 
and Governmental Affairs.
  Ms. SNOWE. Mr. President, I rise today, with my colleague Senator 
Pryor, to introduce the Job Impact Analysis Act of 2010, a bipartisan 
measure that will help ensure that the Federal Government--both 
Congress and agencies of the executive branch--fully considers small 
business job creation in the bills we pass here in Congress and in the 
rules and regulations that agencies promulgate.
  As the former Chair and now Ranking member of the Senate Committee on 
Small Business and Entrepreneurship, I believe there is no more urgent 
imperative than job creation in our country. With 25,000 additional 
unemployed in my State of Maine alone, since the recession began in 
2007, and twenty-three million Americans unemployed or underemployed, 
it is more paramount than ever that everything we do must focus like a 
laser on jumpstarting our economy. Furthermore, the fastest route to 
recovery runs through Main Street small businesses, which over the past 
15 years have generated 64 percent of all net new jobs in this country, 
and so we must foster an entrepreneurial environment where small 
businesses can take risks and invest in the future to preserve and 
create more jobs.
  The legislation we are introducing today would help make sure that in 
whatever measure we are debating--whether it be health care reform, a 
jobs

[[Page S705]]

bill, or financial services overhaul--that we strive to discern whether 
it contributes to creating a climate in which our smallest enterprises 
and entrepreneurs cannot only survive, but thrive. It would amend the 
Congressional Budget and Impoundment Control Act of 1974 to direct the 
Congressional Budget Office, CBO, to the extent practicable, to 
estimate in a ``job impact statement'' the potential job creation or 
job loss attributable to each bill or joint resolution reported by a 
congressional committee that exceeds $5 billion in costs. For years we 
have had environmental impact statements, and so in 2010, I do not 
think it is too much to ask, where are the job impact statements?
  As our Nation continues to reel from the worst set of economic 
circumstances since World War II, Congress must focus on job creation, 
and we must begin by ensuring all economic factors--including potential 
small business job creation and job loss--are fully considered in 
debate of every bill that we consider in the Senate. It is clear that 
Washington has ignored the will of the people for far too long. At a 
time when the Nation is struggling to dig out of the deepest recession 
since the Great Depression, we must ensure that our country once again 
brings to bear the kind of ingenuity, creativity, and innovation that 
made America and our free-market economy the greatest and most powerful 
on earth. I believe that a job impact statement attached to every bill 
with costs over $5 billion would provide a powerful incentive for 
Congress to focus its efforts where they belong and help Congress focus 
on what matters to the American people these days--job creation.
  In addition, onerous regulations are crushing the entrepreneurial 
spirit of America's small businesses. In 2009, there were close to 
70,000 pages in the Federal Register, which chronicles new regulations 
by the government. Furthermore, according to research by the Small 
Business Administration's, SBA's, Office of Advocacy, the annual cost 
of Federal regulations totals $1.1 trillion, and small firms bear a 
disproportionate burden, paying approximately 45 percent more per 
employee in annual regulatory compliance costs than larger firms. Small 
firms also spend twice as much on tax compliance than their larger 
counterparts.
  So our legislation includes several targeted regulatory reforms that 
would help to ensure that Federal agencies fully consider small 
business implications during the rulemaking process. The reforms in our 
bill are based on what we introduced in the Regulatory Flexibility 
Reform Act in the 109th Congress and the Independent Office of Advocacy 
and Small Business Regulatory Reform Act of 2008, from the 110th 
Congress. Most of these reforms have been supported by a host of small 
business stakeholders, including the U.S. Chamber of Commerce, the 
National Federation of Independent Business, the National Small 
Business Association, the National Association for the Self-Employed, 
Women Impacting Public Policy, the National Black Chamber of Commerce, 
Small Business Legislative Council, and the U.S. Hispanic Chamber of 
Commerce.
  Our measure would amend the Regulatory Flexibility Act, RFA, the 
seminal legislation, enacted in 1980, which requires agencies to 
consider the impact of their regulatory proposals on small businesses, 
to analyze effective alternatives that minimize small business impact, 
and to make their analyses available for public comment. The RFA 
requires federal agencies to conduct a small business analysis any time 
a proposed Federal rule would impose a ``significant impact on a 
substantial number of small businesses.'' Unfortunately, there remain a 
number of loopholes in the RFA that undermine its effectiveness in 
reducing these regulatory burdens.
  Our legislation would close loopholes in this process, while also 
ensuring that Federal agencies consider potential job creation and job 
loss during the rulemaking process. In far too many cases, Federal 
agencies promulgate rules and regulations without adequately addressing 
the economic impact on small businesses. Under our legislation agencies 
must consider the ``indirect'' effects of an ``economic impact.'' Rules 
with indirect effects are currently exempt from RFA coverage according 
to well-established case law. This has serious consequences for small 
businesses. It means that Federal agencies can avoid the various 
analyses required under the RFA by either requiring the states to 
regulate small entities or regulating an industry so rigorously that it 
has a negative trickle down impact on other industries. For example, 
rules can regulate a handful of large manufacturers in the same 
industry. Yet, a foreseeable, indirect effect of these rules--not 
presently considered under RFA analyses--is that small distributors 
would no longer have the right to sell the product produced by the 
larger manufacturers.
  The RFA has already saved billions of dollars for small businesses by 
forcing government regulators to be sensitive to their direct impact on 
small firms. If billions of dollars can be filtered out of direct 
regulatory mandates upon small business while improving workplace 
safety and environmental conditions, even more can be saved by 
filtering out unnecessary or duplicative costs to those small 
businesses indirectly impacted by regulation. Those dollars would be 
better spent by the businesses hiring more employees or providing 
existing employees with greater benefits, and would also help to 
prevent unintended job loss through regulatory requirements.
  Our legislation also requires Federal agencies to consider comments 
provided by the SBA's Office of Advocacy, which has historically not 
received the public attention it deserves. In case after case, it has 
been the last, best hope for small businesses faced with burdensome, 
duplicative and nonsensical Federal regulations. Our legislation would 
also amend the RFA to include a provision for agencies to specifically 
respond to comments filed by the Chief Counsel for Advocacy. Codifying 
this necessary change would ensure that agencies give the proper 
deference to the Office of Advocacy, and to the comments and concerns 
of small businesses. This is a straightforward and simple reform that 
could have major benefits.
  In addition, our measure would also clarify the circumstances for 
when ``periodic review'' under the RFA is required. Many questions have 
arisen as a result of ambiguous language in the RFA that has caused 
some confusion as to what rules require periodic review, and when. 
Under our bill, periodic review, with a focus on potential job creation 
or job loss, would be required for all final rules that would impose a 
significant impact on a substantial number of small businesses. 
Agencies would be required to review all 10-year-old rules every year 
to avoid confusion over which rules to review. In addition, agencies 
would be required to review rules every 10 years and not just the first 
10 years.
  Finally, our bill would ensure the statutory and budgetary 
independence of the SBA Office of Advocacy, a key office that is 
intended to be the independent voice for small business within the 
Federal Government. It is charged with the duty of representing the 
views and interests of small businesses before other Federal agencies, 
and developing proposals for changing government policies to help small 
businesses. These roles can sometimes come into conflict.
  Our bill would resolve such conflicts in favor of the small 
businesses that rely on the Chief Counsel and the Office of Advocacy to 
be a fully independent advocate within the Executive Branch. The bill 
would help to reinforce a clear mandate that the Office of Advocacy 
must fight on behalf of small businesses, regardless of the position 
taken on critical issues by the administration. Funding for the Office 
of Advocacy currently comes from the ``Salaries and Expense Account'' 
of the SBA's budget. Staffing is allocated by the SBA Administrator to 
the Office of Advocacy from the overall staff allocation for the 
Agency. In 1990, there were 70 full-time employees working on behalf of 
small businesses in the Office of Advocacy. Today, there are fewer than 
50. The independence and effectiveness of the Office is potentially 
diminished when the Office of Advocacy staff is reduced, at the 
discretion of the administrator.
  To address this problem, our legislation would build a firewall to 
minimize political intrusion into the management of day-to-day 
operations of the

[[Page S706]]

Office of Advocacy similar to the one that protects Inspectors General 
in other agencies. The bill would require the Federal budget to include 
a separate account for the Office of Advocacy drawn directly from the 
General Fund of the Treasury. No longer would its funds come from the 
general operating account of the SBA. This will free the Chief Counsel 
for Advocacy from having to seek approval from the SBA Administrator to 
hire staff for the Office of Advocacy.
  Our bill would leave unchanged current law that allows the Chief 
Counsel to hire individuals critical to the mission of the Office of 
Advocacy without going through the normal competitive procedures 
directed by Federal law and the Office of Personnel Management. This 
long-standing special hiring authority, which is limited only to 
employees within the Office of Advocacy, is beneficial because it 
allows the Chief Counsel to hire quickly those persons who can best 
assist the Office in responding to changing issues and problems 
confronting small businesses.
  This non-controversial, bipartisan legislation is absolutely 
necessary. I urge my colleagues to support my bill so we can ensure 
that our Nation's small businesses and their employees are provided 
with much needed relief.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3024

       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 ``Job Impact 
     Analysis Act of 2010''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Job impact statement for reported bills and joint resolutions.
Sec. 4. Clarification and expansion of rules covered by the Regulatory 
              Flexibility Act.
Sec. 5. Requirements providing for more detailed analyses.
Sec. 6. Periodic review of rules.
Sec. 7. Office of Advocacy.
Sec. 8. Clerical amendments.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) A vibrant and growing small business sector is critical 
     to the recovery of the economy of the United States.
       (2) Regulations designed for application to large-scale 
     entities have been applied uniformly to small businesses and 
     other small entities, sometimes inhibiting the ability of 
     small entities to create new jobs.
       (3) Uniform Federal regulatory and reporting requirements 
     in many instances have imposed on small businesses and other 
     small entities unnecessary and disproportionately burdensome 
     demands, including legal, accounting, and consulting costs, 
     thereby threatening the viability of small entities and the 
     ability of small entities to compete and create new jobs in a 
     global marketplace.
       (4) Since 1980, Federal agencies have been required to 
     recognize and take account of the differences in the scale 
     and resources of regulated entities, but in many instances 
     have failed to do so.
       (5) In 2009, there were nearly 70,000 pages in the Federal 
     Register, and, according to research by the Office of 
     Advocacy of the Small Business Administration, the annual 
     cost of Federal regulations totals $1,100,000,000,000. Small 
     firms bear a disproportionate burden, paying approximately 45 
     percent, or $7,647, more per employee than larger firms in 
     annual regulatory compliance costs.
       (6) The Federal Government should fully consider the costs, 
     including indirect economic impacts and the potential for job 
     creation and job loss, of proposed rules.
       (7) It is the intention of Congress to amend chapter 6 of 
     title 5, United States Code, to ensure that all impacts, 
     including foreseeable indirect effects, of proposed and final 
     rules are considered by agencies during the rulemaking 
     process and that the agencies assess a full range of 
     alternatives that will limit adverse economic consequences, 
     enhance economic benefits, and fully address potential job 
     creation or job loss.
       (8) To the maximum extent practicable, the Director of the 
     Congressional Budget Office should, in certain estimates the 
     Director prepares with respect to bills or joint resolutions 
     reported by congressional committees, estimate the potential 
     job creation or job loss attributable to the bills or joint 
     resolutions.

     SEC. 3. JOB IMPACT STATEMENT FOR REPORTED BILLS AND JOINT 
                   RESOLUTIONS.

       Section 424 of the Congressional Budget and Impoundment 
     Control Act of 1974 (2 U.S.C. 658c) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) if the Director estimates that the total amount of 
     direct costs of all Federal intergovernmental mandates in the 
     bill or joint resolution will equal or exceed $5,000,000,000 
     (adjusted annually for inflation), to the extent practicable, 
     the potential job creation or job loss in State, local, and 
     tribal governments as a result of the mandates.''; and
       (2) in subsection (b)(2)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) if the Director estimates that the total amount of 
     direct costs of all Federal private sector mandates in the 
     bill or joint resolution will equal or exceed $5,000,000,000 
     (adjusted annually for inflation), to the extent practicable, 
     the potential job creation or job loss in the private sector 
     as a result of the mandates.''.

     SEC. 4. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE 
                   REGULATORY FLEXIBILITY ACT.

       Section 601 of title 5, United States Code, is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7)(B), by striking the period at the end 
     and inserting a semicolon;
       (3) in paragraph (8)--
       (A) by striking ``Recordkeeping requirement.--The'' and 
     inserting ``the''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (4) by adding at the end the following:
       ``(9) the term `economic impact' means, with respect to a 
     proposed or final rule--
       ``(A) any direct economic effect of the rule on small 
     entities; and
       ``(B) any indirect economic effect on small entities, 
     including potential job creation or job loss, that is 
     reasonably foreseeable and that results from the rule, 
     without regard to whether small entities are directly 
     regulated by the rule.''.

     SEC. 5. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.

       (a) Initial Regulatory Flexibility Analysis.--Section 603 
     of title 5, United States Code, is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(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; and
       ``(6) estimating the additional cumulative economic impact 
     of the proposed rule on small entities, including job 
     creation and employment by small entities, beyond that 
     already imposed on the class of small entities by the agency, 
     or the reasons why such an estimate is not available.''; and
       (2) by adding at the end the following:
       ``(d) An agency shall notify the Chief Counsel for Advocacy 
     of the Small Business Administration of any draft rules that 
     may have a significant economic impact on a substantial 
     number of small entities either--
       ``(1) when the agency submits a draft rule to the Office of 
     Information and Regulatory Affairs at the Office of 
     Management and Budget under Executive Order 12866, if that 
     order requires such submission; or
       ``(2) if no submission to the Office of Information and 
     Regulatory Affairs is so required, at a reasonable time prior 
     to publication of the rule by the agency.''.
       (b) Final Regulatory Flexibility Analysis.--
       (1) In general.--Section 604(a) of title 5, United States 
     Code, is amended--
       (A) by inserting ``detailed'' before ``description'' each 
     place it appears;
       (B) in paragraph (1), by striking ``succinct'';
       (C) in paragraph (2)--
       (i) by striking ``summary'' each place it appears and 
     inserting ``statement''; and
       (ii) by inserting ``(or certification of the proposed rule 
     under section 605(b))'' after ``initial regulatory 
     flexibility analysis'';
       (D) in paragraph (3), by striking ``an explanation'' and 
     inserting ``a detailed explanation'';
       (E) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (F) by inserting after paragraph (2) the following:
       ``(3) the response of the agency to any comments filed by 
     the Chief Counsel for Advocacy of the Small Business 
     Administration in response to the proposed rule, and a 
     detailed statement of any change made to the proposed rule in 
     the final rule as a result of the comments;''.
       (2) Publication of analysis on web site, etc.--Section 
     604(b) of title 5, United States Code, is amended to read as 
     follows:

[[Page S707]]

       ``(b) The agency shall--
       ``(1) make copies of the final regulatory flexibility 
     analysis available to the public, including by publishing the 
     entire final regulatory flexibility analysis on the Web site 
     of the agency; and
       ``(2) publish in the Federal Register the final regulatory 
     flexibility analysis, or a summary of the analysis that 
     includes the telephone number, mailing address, and address 
     of the Web site where the complete final regulatory 
     flexibility analysis may be obtained.''.
       (c) Cross-References to Other Analyses.--Section 605(a) of 
     title 5, United States Code, is amended to read as follows:
       ``(a) A Federal agency shall be deemed to have satisfied a 
     requirement regarding the content of a regulatory flexibility 
     agenda or regulatory flexibility analysis under section 602, 
     603, or 604, if the Federal agency provides in the agenda or 
     regulatory flexibility analysis a cross-reference to the 
     specific portion of an agenda or analysis that is required by 
     another law and that satisfies the requirement.''.
       (d) Certifications.--The second sentence of section 605(b) 
     of title 5, United States Code, is amended by striking 
     ``statement providing the factual'' and inserting ``detailed 
     statement providing the factual and legal''.
       (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, including an estimate 
     of the potential for job creation or job loss, 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. 6. 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 the 
     Job Impact Analysis Act of 2010, each agency shall publish in 
     the Federal Register and place on its Web site a plan for the 
     periodic review of rules issued by the agency that the head 
     of the agency determines has 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 significant adverse economic impacts on a 
     substantial number of small entities (including an estimate 
     of any adverse impacts on job creation and employment by 
     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 Web site of 
     the agency.
       ``(b) The plan shall provide for the review of all such 
     agency rules existing on the date of the enactment of the Job 
     Impact Analysis Act of 2010 within 10 years after the date of 
     publication of the plan in the Federal Register and every 10 
     years thereafter and for review of rules adopted after the 
     date of enactment of the Job Impact Analysis Act of 2010 
     within 10 years after the publication of the final rule in 
     the Federal Register and every 10 years thereafter. 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 and 
     Congress.
       ``(c) Each agency shall annually submit a report regarding 
     the results of its review pursuant to such plan to Congress 
     and, in the case of agencies other than independent 
     regulatory agencies (as defined in section 3502(5) of title 
     44, United States Code), 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 of infeasibility under 
     paragraph (5) or (6) of subsection (d) and a detailed 
     explanation of the reasons for such determination.
       ``(d) In reviewing rules under such plan, the agency shall 
     consider--
       ``(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;
       ``(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 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 (c);
       ``(7) the length of time since the rule has been evaluated, 
     or the degree to which technology, economic conditions, or 
     other factors have changed in the area affected by the rule; 
     and
       ``(8) the current impact of the rule, including--
       ``(A) the estimated number of small entities to which the 
     rule will apply;
       ``(B) the estimated number of small business jobs that will 
     be lost or created by the rule; and
       ``(C) the projected reporting, recordkeeping and other 
     compliance requirements of the proposed rule, including--
       ``(i) an estimate of the classes of small entities that 
     will be subject to the requirement; and
       ``(ii) the type of professional skills necessary for 
     preparation of the report or record.
       ``(e) The agency shall publish in the Federal Register and 
     on the Web site of the agency a list of rules to be reviewed 
     pursuant to such plan. Such publication shall include a brief 
     description of the rule, the reason why the agency determined 
     that it has a significant economic impact on a substantial 
     number of small entities (without regard to whether the 
     agency had prepared a final regulatory flexibility analysis 
     for the rule), and request comments from the public, the 
     Chief Counsel for Advocacy, and the Regulatory Enforcement 
     Ombudsman concerning the enforcement of the rule.''.

     SEC. 7. OFFICE OF ADVOCACY.

       (a) In General.--Section 203 of Public Law 94-305 (15 
     U.S.C. 634c) is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(6) carry out the responsibilities of the Office of 
     Advocacy under chapter 6 of title 5, United States Code.''.
       (b) Budgetary Line Item and Authorization of 
     Appropriations.--Title II of Public Law 94-305 (15 U.S.C. 
     634a et seq.) is amended by striking section 207 and 
     inserting the following:

     ``SEC. 207. BUDGETARY LINE ITEM AND AUTHORIZATION OF 
                   APPROPRIATIONS.

       ``(a) Appropriation Requests.--Each budget of the United 
     States Government submitted by the President under section 
     1105 of title 31, United States Code, shall include a 
     separate statement of the amount of appropriations requested 
     for the Office of Advocacy of the Small Business 
     Administration, which shall be designated in a separate 
     account in the General Fund of the Treasury.
       ``(b) Administrative Operations.--The Administrator of the 
     Small Business Administration shall provide the Office of 
     Advocacy with appropriate and adequate office space at 
     central and field office locations, together with such 
     equipment, operating budget, and communications facilities 
     and services as may be necessary, and shall provide necessary 
     maintenance services for such offices and the equipment and 
     facilities located in such offices.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this title. Any amount appropriated under this 
     subsection shall remain available, without fiscal year 
     limitation, until expended.''.

     SEC. 8. CLERICAL AMENDMENTS.

       (a) Heading.--The heading of section 605 of title 5, United 
     States Code, is amended to read as follows:

     ``Sec. 605. Incorporations by reference and certifications''.

       (b) 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.''; and
       (2) by striking the item relating to section 607 and 
     inserting the following:

``607. Quantification requirements.''.
                                 ______