,,ii #aafth ,,congress #ast ,session ,s4 #aabj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aj1 #bjai,mr4 ,lankford 7for himself1 ,mr4 ,grassley1 ,mr4 ,risch1 ,mr4 ,roberts1 and ,mr4 ,hoeven7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend chapter #f of title #e1 ,united ,states ,code 7commonly known as the ,regulatory ,flexibility ,act71 to ensure complete analysis of potential impacts on small entities of rules1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,small ,business ,regulatory ,flexibility ,improvements ,act4 #b4 ,clarification and expansion of rules covered by the ,regulatory ,flexibility ,act 7a7 ,in general ,section #fja7b7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,rule ,the term rule-- 7,a7 has the meaning given the term in section #eea7d72 and 7,b7 does not include-- 7i7 a rule pertaining to the protection of the rights of and benefits for veterans or part #bcb of title #cb1 ,code of ,federal ,regulations 7as in effect on ,july #a1 #bjad71 or any successor provisions thereto2 or 7ii7 a rule of particular 7and not general7 applicability relating to rates1 wages1 corporate or financial structures or reorganizations thereof1 prices1 facilities1 appliances1 services1 or allowances therefor or to valuations1 costs or accounting1 or practices relating to such rates1 wages1 structures1 prices1 appliances1 services1 or allowances4 4 7b7 ,inclusion of rules with indirect effects ,section #fja of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#i7 ,economic impact ,the term economic impact means1 with respect to a proposed or final rule-- 7,a7 any direct economic effect on small entities of such rule2 and 7,b7 any indirect economic effect 7including compliance costs and effects on revenue7 on small entities which is reasonably foreseeable and results from such rule 7without regard to whether small entities will be directly regulated by the rule74 4 7c7 ,inclusion of rules with beneficial effects 7#a7 ,initial regulatory flexibility analysis ,section #fjc7;c7 of title #e1 ,united ,states ,code1 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 entities44 7#b7 ,final regulatory flexibility analysis ,section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by redesignating the second paragraph designated as paragraph 7#f7 7relating to covered agencies7 as paragraph 7#g72 and 7,b7 in paragraph 7#f71 by striking minimize the significant economic impact and inserting minimize the adverse significant economic impact or maximize the beneficial significant economic impact4 7d7 ,inclusion of rules affecting tribal organizations ,section #fja7e7 of title #e1 ,united ,states ,code1 is amended by inserting and tribal organizations 7as defined in section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7l7771 after special districts14 7e7 ,inclusion of land management plans and formal rule making 7#a7 ,initial regulatory flexibility analysis ,section #fjc7;a7 of title #e1 ,united ,states ,code1 is amended in the first sentence-- 7,a7 by striking or after proposed rule12 and 7,b7 by inserting or publishes a revision or amendment to a land management plan1 after ,united ,states14 7#b7 ,final regulatory flexibility analysis ,section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended in the first sentence-- 7,a7 by striking or after proposed rulemaking12 and 7,b7 by inserting or adopts a revision or amendment to a land management plan1 after section #fjc7;a714 7#c7 ,land management plan defined ,section #fja of title #e1 ,united ,states ,code1 as amended by subsection 7b71 is amended by adding at the end the following3 7#aj7 ,land management plan 7,a7 ,in general ,the term land management plan means-- 7i7 any plan developed by the ,secretary of ,agriculture under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd72 and 7ii7 any plan developed by the ,secretary of the ,interior under section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab74 7,b7 ,revision ,the term revision means any change to a land management plan which-- 7i7 in the case of a plan described in subparagraph 7,a77i71 is made under section #f7;f77#e7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;f77#e772 or 7ii7 in the case of a plan described in subparagraph 7,a77ii71 is made under section #afaj4e-f of title #dc1 ,code of ,federal ,regulations 7or any successor regulation74 7,c7 ,amendment ,the term amendment means any change to a land management plan which-- 7i7 in the case of a plan described in subparagraph 7,a77i71 is made under section #f7;f77#d7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;f77#d77 and with respect to which the ,secretary of ,agriculture prepares a statement described in section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c772 or 7ii7 in the case of a plan described in subparagraph 7,a77ii71 is made under section #afaj4e-e of title #dc1 ,code of ,federal ,regulations 7or any successor regulation71 and with respect to which the ,secretary of the ,interior prepares a statement described in section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 4 7f7 ,inclusion of certain interpretive rules involving the internal revenue laws 7#a7 ,in general ,section #fjc7;a7 of title #e1 ,united ,states ,code1 is amended by striking the period at the end and inserting or a recordkeeping requirement1 and without regard to whether such recordkeeping requirement is imposed by statute or regulation44 7#b7 ,collection of information ,section #fja7g7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#g7 ,collection of information ,the term collection of information has the meaning given the term in section #cejb of title #dd4 4 7#c7 ,recordkeeping requirement ,section #fja7h7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#h7 ,recordkeeping requirement ,the term recordkeeping requirement has the meaning given the term in section #cejb of title #dd4 4 7g7 ,definition of small organization ,section #fja7d7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#d7 ,small organization 7,a7 ,in general ,the term small organization means any nonprofit enterprise which1 as of the issuance of a notice of proposed rulemaking-- 7i7 in the case of an enterprise which is described by a classification code of the ,north ,american ,industrial ,classification ,system1 does not exceed the size standard established by the ,administrator of the ,small ,business ,administration pursuant to section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7 for small business concerns described by such classification code2 and 7ii7 in the case of any other enterprise1 has a net worth that does not exceed #g1jjj1jjj and has not more than #ejj employees4 7,b7 ,local labor organizations ,in the case of any local labor organization1 subparagraph 7,a7 shall be applied without regard to any national or international organization of which such local labor organization is a part4 7,c7 ,agency definitions ,subparagraphs 7,a7 and 7,b7 shall not apply to the extent that an agency1 after consultation with the ,office of ,advocacy of the ,small ,business ,administration and after opportunity for public comment1 establishes one or more definitions for such term which are appropriate to the activities of the agency and publishes such definitions in the ,federal ,register4 4 #c4 ,expansion of report of regulatory agenda ,section #fjb of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking 1 and at the end and inserting a semicolon2 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 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 entities2 and 2 and 7#b7 in subsection 7c71 to read as follows3 7c7 7#a7 ,not later than #c days after the date on which an agency publishes a regulatory flexibility agenda in the ,federal ,register under subsection 7a71 the agency shall prominently display on the website of the agency a plain language summary of the information contained in the regulatory flexibility agenda4 7#b7 ,the ,office of ,advocacy of the ,small ,business ,administration shall compile1 by agency1 and prominently display on the website of the ,small ,business ,administration a plain language summary of each regulatory flexibility agenda published under subsection 7a7 not later than #c days after the date of publication in the ,federal ,register4 4 #d4 ,requirements providing for more detailed analyses 7a7 ,initial regulatory flexibility analysis ,section #fjc7;b7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7b7 ,each initial regulatory flexibility analysis required under this section shall contain a detailed statement-- 7#a7 describing the reasons why action by the agency is being considered2 7#b7 describing the objectives of1 and legal basis for1 the proposed rule2 7#c7 estimating the number and type of small entities to which the proposed rule will apply2 7#d7 describing the projected reporting1 recordkeeping1 and other compliance requirements of the proposed rule1 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 record2 7#e7 describing all relevant ,federal rules which may duplicate1 overlap1 or conflict with the proposed rule1 or the reasons why such a description could not be provided2 7#f7 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 available2 7#g7 describing any disproportionate economic impact on small entities or a specific class of small entities2 and 7#h7 describing any impairment of the ability of small entities to have access to credit4 4 7b7 ,final regulatory flexibility analysis 7#a7 ,in general ,section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#d7-- 7i7 by inserting detailed before description2 and 7ii7 by striking an explanation and inserting a detailed explanation2 7,b7 in paragraph 7#e71 by inserting detailed before description2 7,c7 in paragraph 7#f7-- 7i7 by inserting detailed before description2 and 7ii7 by striking and at the end2 7,d7 in paragraph 7#g71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following3 7#h7 a detailed description of any disproportionate economic impact on small entities or a specific class of small entities4 4 7#b7 ,inclusion of response to comments on certification of proposed rule ,section #fjd7;a77#b7 of title #e1 ,united ,states ,code1 is amended by inserting 7or certification of the proposed rule under section #fje7;b77 after initial regulatory flexibility analysis4 7#c7 ,publication of analysis on website ,section #fjd7;b7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7b7 ,the agency shall make copies of the final regulatory flexibility analysis available to the public1 including placement of the entire analysis on the website of the agency1 and shall publish in the ,federal ,register the final regulatory flexibility analysis1 or a summary thereof which includes the telephone number1 mailing address1 and link to the website where the complete analysis may be obtained4 4 7c7 ,cross-,references to other analyses ,section #fje7;a7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7a7 ,a ,federal agency shall be treated as satisfying any requirement regarding the content of a regulatory flexibility agenda or regulatory flexibility analysis under section #fjb1 #fjc1 or #fjd if the ,federal 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 requirement4 4 7d7 ,certifications ,section #fje7;b7 of title #e1 ,united ,states ,code1 is amended by striking statement providing the factual basis for such certification4 and inserting detailed statement providing the factual and legal basis for such certification4 ,the detailed statement shall include an economic assessment or a summary thereof that is sufficiently detailed to support the certification of the agency44 7e7 ,quantification requirements ,section #fjg of title #e1 ,united ,states ,code1 is amended to read as follows3 #fjg4 ,quantification requirements ,in complying with sections #fjc and #fjd1 an agency shall provide-- 7#a7 a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule2 or 7#b7 a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable4 4 #e4 ,repeal of waiver and delay authority2 additional powers of the ,chief ,counsel for ,advocacy 7a7 ,in general ,section #fjh of title #e1 ,united ,states ,code1 is amended to read as follows3 #fjh4 ,additional powers of ,chief ,counsel for ,advocacy 7a7 7#a7 ,not later than #bgj days after the date of enactment of the ,small ,business ,regulatory ,flexibility ,improvements ,act1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall1 after opportunity for notice and comment under section #eec1 issue rules governing agency compliance with this chapter4 ,the ,chief ,counsel may modify or amend such rules after notice and comment under section #eec4 ,this chapter 7other than this subsection7 shall not apply with respect to the issuance1 modification1 and amendment of rules under this paragraph4 7#b7 ,an agency shall not issue rules which supplement the rules issued under paragraph 7#a7 unless such 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 7#a74 7b7 ,notwithstanding any other law1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration may intervene in any agency adjudication 7unless such agency is authorized to impose a fine or penalty under such adjudication7 and may inform the agency of the impact that any decision on the record may have on small entities4 ,the ,chief ,counsel shall not initiate an appeal with respect to any adjudication in which the ,chief ,counsel intervenes under this subsection4 7c7 ,the ,chief ,counsel for ,advocacy may file comments in response to any agency notice requesting comment1 regardless of whether the agency is required to file a general notice of proposed rule making under section #eec4 4 7b7 ,conforming amendments ,section #faa7;a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking #fjh7;b712 7#b7 in paragraph 7#b71 by striking #fjh7;b712 and 7#c7 in paragraph 7#c7-- 7,a7 by striking subparagraph 7,b72 and 7,b7 by striking 7#c77;,a7 ,a small entity and inserting the following3 7#c7 ,a small entity 4 #f4 ,procedures for gathering comments ,section #fji of title #e1 ,united ,states ,code1 is amended by striking subsection 7b7 and all that follows through the end of the section and inserting the following3 7b7 7#a7 ,prior to publication of any proposed rule described in subsection 7e71 an agency making the rule shall notify the ,chief ,counsel for ,advocacy of the ,small ,business ,administration and provide the ,chief ,counsel with-- 7,a7 all materials prepared or utilized by the agency in making the proposed rule1 including the draft of the proposed rule2 and 7,b7 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 affected4 7#b7 ,an agency shall not be required under paragraph 7#a7 to provide the exact language of any draft if the rule-- 7,a7 relates to the internal revenue laws of the ,united ,states2 or 7,b7 is proposed by an independent regulatory agency4 7c7 ,not later than #ae days after the receipt of the materials and information under subsection 7b71 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall-- 7#a7 identify small entities or representatives of small entities or a combination of both for the purpose of obtaining advice1 input1 and recommendations from those persons about the potential economic impacts of the proposed rule and the compliance of the agency with section #fjc2 and 7#b7 convene a review panel consisting of an employee from the ,office of ,advocacy of the ,small ,business ,administration1 an employee from the agency making the rule1 and1 in the case of an agency other than an independent regulatory agency1 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 7b74 7d7 7#a7 ,not later than #fj days after the review panel described in subsection 7c77#b7 is convened1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall1 after consultation with the members of the panel1 submit a report to the agency and1 in the case of an agency other than an independent regulatory agency1 the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget4 7#b7 ,each report described in paragraph 7#a7 shall include an assessment of the economic impact of the proposed rule on small entities1 including-- 7,a7 an assessment of the impact of the proposed rule on the cost that small entities pay for energy2 7,b7 an assessment of the impact of the proposed rule on startup costs for small entities2 and 7,c7 a discussion of any alternatives that will minimize adverse significant economic impacts or maximize beneficial significant economic impacts on small entities4 7#c7 ,each report described in paragraph 7#a7 shall become part of the rulemaking record4 ,in the publication of the proposed rule1 the agency shall explain what actions1 if any1 the agency took in response to the report4 7e7 ,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 ,budget1 the head of the agency 7or the delegatee of the head of the agency71 or an independent regulatory agency determines that the proposed rule is likely to result in-- 7#a7 an annual effect on the economy of #ajj1jjj1jjj or more2 7#b7 a major increase in costs or prices for consumers1 individual industries1 the ,federal ,government1 ,state or local governments1 tribal organizations1 or geographic regions2 7#c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 or 7#d7 a significant economic impact on a substantial number of small entities4 7f7 ,upon application by the agency1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration may waive the requirements of subsections 7b7 through 7e7 if the ,chief ,counsel determines that compliance with the requirements of such subsections is impracticable1 unnecessary1 or contrary to the public interest4 7g7 ,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 7d7 and all materials and information provided to the ,chief ,counsel for ,advocacy of the ,small ,business ,administration under subsection 7b74 ,the agency receiving such request shall provide the report1 materials1 and information to the requesting small entity or representative of a small entity not later than #aj business days after receiving such request1 except that the agency shall not disclose any information that is prohibited from disclosure to the public pursuant to section #eeb7;b7 of this title4 7h7 ,in this section1 the term independent regulatory agency has the meaning given the term in section #cejb of title #dd4 4 #g4 ,periodic review of rules ,section #faj of title #e1 ,united ,states ,code1 is amended to read as follows3 #faj4 ,periodic review of rules 7a7 ,not later than #ahj days after the date of enactment of the ,small ,business ,regulatory ,flexibility ,improvements ,act1 each agency shall publish in the ,federal ,register and place on the website of the agency 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 entities4 ,such determination shall be made without regard to whether the agency performed an analysis under section #fjd4 ,the purpose of the review shall be to determine whether such rules should be continued without change1 or should be amended or rescinded1 consistent with the stated objectives of applicable statutes1 to minimize any adverse significant economic impacts or maximize any beneficial significant economic impacts on a substantial number of small entities4 ,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 website of the agency4 7b7 ,the plan shall provide for the review of all such agency rules existing on the date of enactment of the ,small ,business ,regulatory ,flexibility ,improvements ,act within #aj 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 the ,small ,business ,regulatory ,flexibility ,improvements ,act within #aj years after the publication of the final rule in the ,federal ,register4 ,if the head of the agency determines that completion of the review of existing rules is not feasible by the established date1 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 #b years after publication of notice of extension in the ,federal ,register4 ,such certification and notice shall be sent to the ,chief ,counsel for ,advocacy of the ,small ,business ,administration and ,congress4 7c7 ,the plan shall include a section that details how an agency will conduct outreach to and meaningfully include small businesses 7including small business concerns owned and controlled by women1 small business concerns owned and controlled by veterans1 and small business concerns owned and controlled by socially and economically disadvantaged individuals 7as such terms are defined in section #c and section #h7;d77#c77;,c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb1 #fcg7;d77#c77;,c7777 for the purposes of carrying out this section4 ,the agency shall include in this section a plan for how the agency will contact small businesses and gather their input on existing agency rules4 7d7 ,each agency shall annually submit a report regarding the results of its review pursuant to such plan to ,congress1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration1 and1 in the case of agencies other than independent regulatory agencies 7as defined in section #cejb of title #dd71 to the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget4 ,such report shall include the identification of any rule with respect to which the head of the agency made a determination described in paragraph 7#e7 or 7#f7 of subsection 7e7 and a detailed explanation of the reasons for such determination4 7e7 ,in reviewing a rule pursuant to subsections 7a7 through 7d71 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 entities1 or maximize any beneficial significant economic impact of the rule on a substantial number of small entities to the greatest extent possible1 consistent with the stated objectives of applicable statutes4 ,in amending or rescinding the rule1 the agency shall consider the following factors3 7#a7 ,the continued need for the rule4 7#b7 ,the nature of complaints received by the agency from small entities concerning the rule4 7#c7 ,comments by the ,regulatory ,enforcement ,ombudsman and the ,chief ,counsel for ,advocacy of the ,small ,business ,administration4 7#d7 ,the complexity of the rule4 7#e7 ,the extent to which the rule overlaps1 duplicates1 or conflicts with other ,federal rules and1 unless the head of the agency determines it to be infeasible1 ,state1 territorial1 and local rules4 7#f7 ,the contribution of the rule to the cumulative economic impact of all ,federal rules on the class of small entities affected by the rule1 unless the head of the agency determines that such calculations cannot be made and reports that determination in the annual report required under subsection 7d74 7#g7 ,the length of time since the rule has been evaluated or the degree to which technology1 economic conditions1 or other factors have changed in the area affected by the rule4 7f7 ,each year1 each agency shall publish in the ,federal ,register and on its website a list of rules to be reviewed pursuant to such plan4 ,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 comments4 ,such publication shall include a brief description of the rule1 state the reason why the agency determined that it has a significant economic impact on a substantial number of small entities 7without regard to whether it had prepared a final regulatory flexibility analysis for the rule71 and request comments from the public1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration1 and the ,regulatory ,enforcement ,ombudsman concerning the enforcement of the rule4 4 #h4 ,judicial review of compliance with the requirements of the ,regulatory ,flexibility ,act available after publication of the final rule 7a7 ,in general ,section #faa7;a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking final agency action and inserting such rule2 7#b7 in paragraph 7#b71 by inserting 7or which would have such jurisdiction if publication of the final rule constituted final agency action7 after provision of law12 and 7#c7 in paragraph 7#c7-- 7,a7 by striking final agency action and inserting publication of the final rule2 and 7,b7 by inserting 1 in the case of a rule for which the date of final agency action is the same date as the publication of the final rule1 after except that4 7b7 ,intervention by chief counsel for advocacy ,section #fab7;b7 of title #e1 ,united ,states ,code1 is amended by inserting before the first period or agency compliance with section #fja1 #fjc1 #fjd1 #fje7;b71 #fji1 or #faj4 #i4 ,jurisdiction of court of appeals over rules implementing the ,regulatory ,flexibility ,act 7a7 ,in general ,section #bcdb of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f71 by striking and at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#g7 the following3 7#h7 all final rules under section #fjh7;a7 of title #e4 4 7b7 ,conforming amendments ,section #bcda7c7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,d71 by striking and at the end2 7#b7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,f7 the ,office of ,advocacy of the ,small ,business ,administration1 when the final rule is under section #fjh7;a7 of title #e4 4 7c7 ,authorization ,to intervene and comment on agency compliance with administrative procedure ,section #fab7;b7 of title #e1 ,united ,states ,code1 is amended by inserting chapter #e1 and chapter #g1 after this chapter14 #aj4 ,establishment and approval of small business concern size standards by ,chief ,counsel for ,advocacy 7a7 ,in general ,section #c7;a77#b77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77#b77;,a77 is amended to read as follows3 7,a7 ,in general ,in addition to the criteria specified in paragraph 7#a7-- 7i7 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 #aieh 7#ae ,u4,s4,c4 #ffa et seq472 and 7ii7 the ,chief ,counsel for ,advocacy may specify such definitions or standards for purposes of any other ,act4 4 7b7 ,approval by chief counsel ,section #c7;a77#b77;,c77iii7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77#b77;,c77iii77 is amended to read as follows3 7iii7 except in the case of a size standard prescribed by the ,administrator1 is approved by the ,chief ,counsel for ,advocacy4 4 7c7 ,industry variation ,section #c7;a77#c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77#c77 is amended-- 7#a7 by inserting or ,chief ,counsel for ,advocacy1 as appropriate1 before shall ensure2 and 7#b7 by inserting or ,chief ,counsel for ,advocacy before the period at the end4 7d7 ,judicial review of size standards approved by chief counsel ,section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77 is amended by adding at the end the following3 7#aj7 ,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 subsection1 the party seeking such review shall be entitled to join the ,chief ,counsel as a party in such action4 4 #aa4 ,clerical amendments 7a7 ,definitions ,section #fja of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking the semicolon at the end and inserting a period2 and 7,b7 by striking 7#a7 the term and inserting the following3 7#a7 ,agency ,the term 2 7#b7 in paragraph 7#c7-- 7,a7 by striking the semicolon at the end and inserting a period2 and 7,b7 by striking 7#c7 the term and inserting the following3 7#c7 ,small business ,the term 2 7#c7 in paragraph 7#e7-- 7,a7 by striking the semicolon at the end and inserting a period2 and 7,b7 by striking 7#e7 the term and inserting the following3 7#e7 ,small governmental jurisdiction ,the term 2 and 7#d7 in paragraph 7#f7-- 7,a7 by striking 2 and and inserting a period2 and 7,b7 by striking 7#f7 the term and inserting the following3 7#f7 ,small entity ,the term 4 7b7 ,incorporations by reference and certifications ,the heading of section #fje of title #e1 ,united ,states ,code1 is amended to read as follows3 #fje4 ,incorporations by reference and certifications 4 7c7 ,table of sections ,the table of sections for chapter #f of title #e1 ,united ,states ,code1 is amended as follows3 7#a7 ,by striking the item relating to section #fje and inserting the following new item3 #fje4 ,incorporations by reference and certifications4 4 7#b7 ,by striking the item relating to section #fjg and inserting the following new item3 #fjg4 ,quantification requirements4 4 7#c7 ,by striking the item relating to section #fjh and inserting the following3 #fjh4 ,additional powers of ,chief ,counsel for ,advocacy4 4 7d7 ,other clerical amendments to chapter #f ,chapter #f of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #fjc7;d7-- 7,a7 by striking paragraph 7#b72 7,b7 by striking 7#a7 ,for a covered agency1 as defined in section #fji7;d77#b71 each initial regulatory flexibility analysis and inserting ,each initial regulatory flexibility analysis by an agency2 7,c7 by striking 7,a7 any and inserting 7#a7 any2 7,d7 by striking 7,b7 any and inserting 7#b7 any2 and 7,e7 by striking 7,c7 advice and inserting 7#c7 advice2 and 7#b7 in paragraph 7#g7 of section #fjd7;a71 as so redesignated by section #b7;c77#b77;,a7 of this ,act1 by striking for a covered agency1 as defined in section #fji7;d77#b714 #ab4 ,agency preparation of guides ,section #bab7;a77#e7 the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note7 is amended to read as follows3 7#e7 ,agency preparation of guides ,the agency shall1 in its sole discretion1 taking into account the subject matter of the rule and the language of relevant statutes1 ensure that the guide is written using sufficiently plain language likely to be understood by affected small entities4 ,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 guides4 ,in developing guides1 agencies shall solicit input from affected small entities or associations of affected small entities4 ,an agency may prepare guides and apply this section with respect to a rule or a group of related rules4 4 #ac4 ,comptroller ,general report ,not later than #ij days after the date of enactment of this ,act1 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 ,act4 #ad4 ,waiver of fines for first-time paperwork violations by small businesses ,section #cejf of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act71 is amended by adding at the end the following3 7j7 ,small businesses 7#a7 ,definitions ,in this subsection3 7,a7 ,first-time violation ,the term first-time violation means a violation by a small business concern of a requirement regarding collection of information by an agency1 where the small business concern has not previously violated any similar requirement regarding collection of information by that same agency during the #e-year period preceding the violation4 7,b7 ,small business concern ,the term small business concern has the meaning given the term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7#b7 ,first-time violation 7,a7 ,in general ,except as provided in subparagraph 7,c71 in the case of a first-time violation by a small business concern of a requirement regarding the collection of information by an agency1 the head of the agency shall not impose a civil fine on the small business concern4 7,b7 ,determination ,for purposes of determining whether to impose a civil fine on a small business concern under subparagraph 7,a71 the head of an agency shall not take into account any violation by the small business concern of a requirement regarding collection of information by another agency4 7,c7 ,exception ,an agency may impose a civil fine on a small business concern for a first-time violation if the head of the agency determines that-- 7i7 the violation has the potential to cause serious harm to the public interest2 7ii7 failure to impose a civil fine would impede or interfere with the detection of criminal activity2 7iii7 the violation is a violation of an internal revenue law or a law concerning the assessment or collection of any tax1 debt1 revenue1 or receipt2 7iv7 the violation was not corrected on or before the date that is #f months after the date on which the small business concern receives notification of the violation in writing from the agency2 or 7v7 except as provided in paragraph 7#c71 the violation presents a danger to the public health or safety4 7#c7 ,danger to public health or safety 7,a7 ,in general ,in any case in which the head of an agency determines under paragraph 7#b77;,c77v7 that a violation presents a danger to the public health or safety1 the head of the agency may determine not to impose a civil fine on the small business concern if the violation is corrected not later than #bd hours after receipt by the owner of the small business concern of notification of the violation in writing4 7,b7 ,considerations ,in determining whether to allow a small business concern #bd hours to correct a violation under subparagraph 7,a71 the head of an agency shall take into account all of the facts and circumstances regarding the violation1 including-- 7i7 the nature and seriousness of the violation1 including whether the violation is technical or inadvertent or involves willful or criminal conduct2 7ii7 whether the small business concern had made a good faith effort to comply with applicable laws and to remedy the violation within the shortest practicable period of time2 and 7iii7 whether the small business concern has obtained a significant economic benefit from the violation4 7,c7 ,notice to ,congress ,in any case in which the head of an agency imposes a civil fine on a small business concern for a violation that presents a danger to the public health or safety and does not allow the small business concern #bd hours to correct the violation under subparagraph 7,a71 the head of the agency shall notify ,congress regarding the determination not later than #fj days after the date on which the civil fine is imposed by the agency4 4