S 584 — Small Business Regulatory Flexibility Improvements Act

584 IntroducedReported in Senate (IS)](RS)] <DOC> 115thCalendar CONGRESSNo. 1st Session S.

584284 To115th amendCONGRESS chapter1st 6Session ofS. 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.

584 [Report No.

115-194] 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.

Risch, and Mr.

Grassley)Grassley, introducedMr. the following bill;

whichHatch, wasMr. 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.

Hoeven, Mr.

Roberts, and Mr.

Rubio) introduced the following bill;

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs December 14, 2017 Reported by Mr.

Johnson, with amendments [Omit the part struck through and insert the part printed in italic] _______________________________________________________________________ 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.

``(2) Rule.--The term `rule'-- ``(A) has the meaning given such the term in section 551(4) of this title;

and ``(B) does not include-- ``(i) a rule pertaining to the protection of the rights of and benefits for veterans or part 232 of title 3232, of the Code of Federal Regulations (as in effect on July 1, 2014)2014), or any successor provisions thereto;

450b(l))),''450b 5304(l))),'' after ``special districts,''.

or ``(ii) in the case of a plan described in subparagraph (A)(ii), is made under section 1610.5-61610. of title 43, Code of Federal Regulations (or any successor regulation).

5-6 of title 43, Code of Federal Regulations (or any successor regulation).

``(4) Small organization.-- ``(A) In general.--The term `small organization' means any nonprofit enterprise which, as of the issuance of the a notice of proposed rule making-- ``(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.

``SEC.<DELETED>``SEC.

QUANTIFICATION REQUIREMENTS.REQUIREMENTS.</DELETED> <DELETED> ``In complying with sections 603 and 604, an agency shall provide--</DELETED> <DELETED> ``(1) a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule;

``Inor</DELETED> complying<DELETED> with``(2) sectionsa 603more andgeneral 604,descriptive anstatement agencyand shall provide-- ``(1) a quantifiabledetailed orstatement numericalexplaining descriptionwhy ofquantification theis effectsnot ofpracticable the proposed or finalreliable.''.</DELETED> rule``Sec. and alternatives to the proposed or final rule;

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;

Additional powers of chief counsel for advocacy ``(a)(1) Not later than 270 days after the date of enactment of this section,section the Small Business Regulatory Flexibility Improvements Act, 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.

and ``(2) convene a review panel consisting of an employee from the Office of Advocacy of the Small Business Administration, an employee from the agency making the rule, andand, in the case of an agency other than an independent regulatory agency, an employee from the Office of Information and Regulatory Affairs of the Office of Management and Budget to review the materials and information provided to the Chief Counsel under subsection (b).

The agency receiving such request shall provide the report, materialsmaterials, and information to the requesting small entity or representative of a small entity not later than 10 business days after receiving such request, except that the agency shall not disclose any information that is prohibited from disclosure to the public pursuant to section 552(b) of this title.

Periodic review of rules ``(a) Not later than 180 days after the date of enactment of this section,section the Small Business Regulatory Flexibility Improvements Act, each agency shall publish in the Federal Register and place on 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 entities.

``(b) The plan shall provide for the review of all such agency rules existing on the date of enactment of this section the Small Business Regulatory Flexibility Improvements Act within 10 years of the date of publication of the plan in the Federal Register and for review of rules adopted after the date of enactment of this section the Small Business Regulatory Flexibility Improvements Act within 10 years after the publication of the final rule in the Federal Register.

``(d) Each agency shall annually submit a report regarding the results of its review pursuant to such plan 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 of title 44)44), to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget.

632(a)(3)) is amended-- (1) by inserting ``or Chief Counsel for Advocacy, as appropriate''appropriate,'' before ``shall ensure'';

``SEC.<DELETED>``SEC.

INCORPORATIONS BY REFERENCE AND CERTIFICATIONS.''.CERTIFICATIONS.''.</DELETED> ``Sec.

605.

Incorporations by reference and certifications''.

``(A) First time-time violation.--The term `first-time violation' means a violation by a small business concern of a requirement regarding collection of information by an agency, where the small business concern has not previously violated any similar requirement regarding collection of information by that same agency during the 5-year period preceding the violation.

``(2) First time-time violation.-- ``(A) In general.--Except as provided in paragraph (3), in the case of a first-time violation by a small business concern of a requirement regarding the collection of information by an agency, the head of the agency shall not impose a civil fine on the small business concern.

<all>Calendar No.

284 115th CONGRESS 1st Session S.

584 [Report No.

115-194] _______________________________________________________________________ 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.