I
112th CONGRESS
2d Session
H. R. 6240
IN THE HOUSE OF REPRESENTATIVES
July 31, 2012
Mr. Graves of Missouri introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, the Judiciary, and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To make reforms to taxes, regulations, and workforce development programs in order to increase employment in the manufacturing sector and overall economy.
Short title
Short title
This Act may be cited
as the Manufacturing Comeback Act of
2012
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Title I—Research and Development
Sec. 101. Extension and expansion of research and development tax credit.
Title II—Corporate and Individual Provisions Generally
Sec. 201. Extension of bonus depreciation and temporary 100 percent expensing for certain business assets.
Sec. 202. Extension of increased small business expensing.
Sec. 203. Maximum corporate income tax rate reduced to 25 percent for 2013.
Sec. 204. Temporary extension of 2001 tax relief.
Sec. 205. Temporary extension of 2003 tax relief.
Title III—Workforce Training
Sec. 301. Short title.
Sec. 302. Industry-recognized and nationally portable credentials for job training programs.
Sec. 303. Skill credential registry.
Sec. 304. Effective Date.
Title IV—Economic Impact of Research Grants
Sec. 401. Economic impact of research grants.
Title V—Regulations
Sec. 501. Short title; table of contents.
Sec. 502. Clarification and expansion of rules covered by the Regulatory Flexibility Act.
Sec. 503. Expansion of report of regulatory agenda.
Sec. 504. Requirements providing for more detailed analyses.
Sec. 505. Repeal of waiver and delay authority; Additional powers of the Chief Counsel for Advocacy.
Sec. 506. Procedures for gathering comments.
Sec. 507. Periodic review of rules.
Sec. 508. Judicial review of compliance with the requirements of the Regulatory Flexibility Act available after publication of the final rule.
Sec. 509. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act.
Sec. 510. Clerical amendments.
Sec. 511. Agency preparation of guides.
Title VI—Vocational Training at State Level
Sec. 601. Findings.
Sec. 602. Sense of Congress.
Research and Development
Extension and expansion of research and development tax credit
Extension
Subparagraph (B)
of section 41(h)(1) of the Internal Revenue Code of 1986 is amended by striking
December 31, 2011
and inserting December 31,
2016
.
Conforming amendment
Section
45C(b)(1)(D) of such Code is amended by striking December 31,
2011
and inserting December 31, 2016
.
Alternative simplified credit
Subparagraph (A) of section 41(c)(5) of such
Code is amended by striking 14 percent (12 percent in the case of
taxable years ending before January 1, 2009)
and inserting 25
percent
.
Effective date
The amendments made by this section shall apply to amounts paid or incurred after December 31, 2011.
Corporate and Individual Provisions Generally
Extension of bonus depreciation and temporary 100 percent expensing for certain business assets
In general
Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended—
by striking
January 1, 2012
in subparagraph (A)(iv) and inserting
January 1, 2014
, and
by striking
January 1, 2011
each place it appears and inserting
January 1, 2013
.
Temporary 100 percent expensing
Paragraph (5) of section 168(k) of such Code is amended—
by striking
2013
and inserting 2014
, and
by striking
2012
both places it appears and inserting
2013
.
Extension of election To accelerate the AMT credit in lieu of bonus depreciation
Subclause (II) of section 168(k)(4)(D)(iii) of such
Code is amended by striking 2013
and inserting
2014
.
Conforming amendments
The heading for
subsection (k) of section 168 of such Code is amended by striking
January 1,
2013
and inserting January 1, 2014
.
The heading for
clause (ii) of section 168(k)(2)(B) of such Code is amended by striking
pre-January 1,
2013
and inserting pre-January 1, 2014
.
Subparagraph (C)
of section 168(n)(2) of such Code is amended by striking January 1,
2013
and inserting January 1, 2014
.
Subparagraph (D)
of section 1400L(b)(2) of such Code is amended by striking January 1,
2013
and inserting January 1, 2014
.
Subparagraph (B)
of section 1400N(d)(3) of such Code is amended by striking January 1,
2013
and inserting January 1, 2014
.
Effective date
The amendments made by this section shall apply to property placed in service after December 31, 2012, in taxable years ending after such date.
Extension of increased small business expensing
Dollar limitation
Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 is amended—
in subparagraph
(B) by striking or 2011
and inserting , 2011, or
2012
,
in subparagraph
(C) by striking 2012
and inserting 2013
,
and
in subparagraph
(D) by striking 2012
and inserting 2013
.
Reduction in limitation
Paragraph (2) of section 179(b) of such Code is amended—
in subparagraph
(B) by striking or 2011
and inserting , 2011, or
2012
,
in subparagraph
(C) by striking 2012
and inserting 2013
,
and
in subparagraph
(D) by striking 2012
and inserting 2013
.
Inflation adjustment
Subparagraph (A) of section 179(b) of such Code is
amended by striking 2012
and inserting
2013
.
Computer software
Section 179(d)(1)(A)(ii) of such Code is amended by
striking 2013
and inserting 2014
.
Conforming amendment
Section 179(c)(2) of such Code is amended by striking
2013
and inserting 2014
.
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2012.
Maximum corporate income tax rate reduced to 25 percent for 2013
In general
Subsection (b) of section 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
Special rule for 2013
In the case of a taxable year beginning in 2013—
in lieu of paragraph (1), the amount of the tax imposed by subsection (a) shall be the sum of—
15 percent of so much of the taxable income as does not exceed $50,000, and
25 percent of so much of the taxable income as exceeds $50,000,
paragraph (2)
shall be applied by substituting 25 percent
for 35
percent
, and
paragraphs (1) and
(2) of section 1445(e) shall be applied by substituting 25
percent
for 35
percent
.
.
Effective date
The amendment made by this section shall apply to taxable years beginning after December 31, 2012.
Temporary extension of 2001 tax relief
In general
Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is amended by striking December 31,
2012
both places it appears and inserting December 31,
2013
.
Effective date
The amendment made by this section shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001.
Temporary extension of 2003 tax relief
In general
Section 303 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 is amended by striking December 31,
2012
and inserting December 31, 2013
.
Effective date
The amendment made by this section shall take effect as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003.
Workforce Training
Short title
This title may be cited
as the American Manufacturing
Efficiency and Retraining Investment Collaboration Achievement Works
Act
or the AMERICA Works Act
.
Industry-recognized and nationally portable credentials for job training programs
Workforce Investment Act of 1998
General employment and training activities
Section 134(d)(4)(F) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)(F)) is amended by adding at the end the following:
Priority for programs that provide an industry-Recognized and nationally portable credential
In selecting and approving training services, or programs of training services, under this section, a one-stop operator and employees of a one-stop center referred to in subsection (c) shall give priority consideration to services and programs (approved by the appropriate State agency and local board in conjunction with section 122) that lead to a credential that is in high demand in the local area served and listed in the registry described in section 3(b) of the AMERICA Works Act.
.
Youth activities
Section 129(c)(1)(C) of the Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is amended—
by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; and
by inserting after clause (i) the following:
training (with priority consideration given to programs that lead to a credential that is in high demand in the local area served and listed in the registry described in section 3(b) of the AMERICA Works Act, if the local board determines that such programs are available and appropriate);
.
Career and technical education
State plan
Section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(B)) is amended by striking the semicolon at the end and inserting the following:
and, with respect to programs of study leading to an industry-recognized credential or certificate, will give priority consideration to programs of study that—
lead to an appropriate (as determined by the eligible agency) skills credential (which may be a certificate) that is in high demand in the area served and listed in the registry described in section 3(b) of the AMERICA Works Act; and
may provide a basis for additional credentials, certificates, or degrees;
.
Use of local funds
Section 134(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2354(b)) is amended—
in paragraph (11),
by striking ; and
and inserting a semicolon;
in paragraph
(12)(B), by striking the period and inserting ; and
; and
by adding at the end the following:
describe the career and technical education activities supporting the attainment of industry-recognized credentials or certificates, and how the eligible recipient, in selecting such activities, gave priority consideration to activities supporting high-demand registry skill credentials described in section 122(c)(1)(B)(i).
.
Tech-prep programs
Section 203(c)(2)(E) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2373(c)(2)(E)) is amended by
striking industry-recognized credential, a certificate,
and
inserting industry-recognized credential or certificate (such as a
high-demand registry skill credential described in section
122(c)(1)(B)(i)),
.
Training programs under TAA
Section 236(a)(5) of the Trade Act of 1974 (19
U.S.C. 2296(a)(5)) is amended by inserting after the sentence that follows
subparagraph (H)(ii) the following: In approving training programs under
paragraph (1), the Secretary shall give priority consideration to programs that
lead to a credential that is in high demand in the local area (defined for
purposes of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.)) served by the corresponding one-stop delivery system under that title
for the training programs, and that is listed in the registry described in
section 3(b) of the AMERICA Works Act.
.
Skill credential registry
Definitions
In this section:
Covered provision
The term covered provision means any of sections 129 and 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2854, 2864), section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(B)), and section 236 of the Trade Act of 1974 (19 U.S.C. 2296).
Industry-recognized
The term industry-recognized, used with respect to a credential, means a credential that—
is sought or accepted by companies within the industry sector involved as recognized, preferred, or required for recruitment, screening, or hiring; and
is endorsed by a nationally recognized trade association or organization representing a significant part of the industry sector.
Nationally portable
The term nationally portable, used with respect to a credential, means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring.
Workforce investment activities
The term workforce investment activities has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).
Registry
In general
Not later than 120 days after the date of enactment of
this Act, the Secretary of Labor (referred to in this section as the
Secretary
) shall create a registry of skill credentials (which
may be certificates), for purposes of enabling programs that lead to such a
credential to receive priority under a covered provision.
Registry
The Secretary shall—
list the credential in the registry if the credential is required by Federal or State law for an occupation (such as a credential required by a State law regarding qualifications for a health care occupation);
list the credential in the registry if the credential is a credential from the Manufacturing Institute-Endorsed Manufacturing Skills Certification System; and
list the credential, and list an updated credential, in the registry if the credential involved is an industry-recognized, nationally portable credential that is consistent with the Secretary's established industry competency models and is consistently updated through third party validation to reflect changing industry competencies.
Rule of construction
Nothing in this title shall be construed to require an entity with responsibility for selecting or approving an education, training, or workforce investment activities program with regard to a covered provision, to select a program with a credential listed in the registry described in subsection (b).
Effective Date
This title, and the amendments made by this title, take effect 120 days after the date of enactment of this Act.
Economic Impact of Research Grants
Economic impact of research grants
The Secretary of Labor and the Secretary of Commerce shall prepare for each research grant made by their departments a statement describing the economic impact of the activities to be carried out using the grant funding.
Regulations
Short title; table of contents
This title may be
cited as the Regulatory Flexibility
Improvements Act of 2012
.
Clarification and expansion of rules covered by the Regulatory Flexibility Act
In general
Paragraph (2) of section 601 of title 5, United States Code, is amended to read as follows:
Rule
The term rule has the meaning given such term in section 551(4) of this title, except that such term does not include a rule of particular (and not general) applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances.
.
Inclusion of rules with indirect effects
Section 601 of title 5, United States Code, is amended by adding at the end the following new paragraph:
Economic impact
The term economic impact means, with respect to a proposed or final rule—
any direct economic effect on small entities of such rule; and
any indirect economic effect on small entities which is reasonably foreseeable and results from such rule (without regard to whether small entities will be directly regulated by the rule).
.
Inclusion of rules with beneficial effects
Initial regulatory flexibility analysis
Subsection (c) of section 603 of
title 5, United States Code, is amended by striking the first sentence and
inserting Each initial regulatory flexibility analysis shall also
contain a detailed description of alternatives to the proposed rule which
minimize any adverse significant economic impact or maximize any beneficial
significant economic impact on small entities.
.
Final regulatory flexibility analysis
The
first paragraph (6) of section 604(a) of title 5, United States Code, is
amended by striking minimize the significant economic impact
and
inserting minimize the adverse significant economic impact or maximize
the beneficial significant economic impact
.
Inclusion of rules affecting tribal organizations
Paragraph (5) of section 601
of title 5, United States Code, is amended by inserting and tribal
organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(l))),
after special
districts,
.
Inclusion of land management plans and formal rulemaking
Initial regulatory flexibility analysis
Subsection (a) of section 603 of title 5, United States Code, is amended in the first sentence—
by striking
or
after proposed rule,
; and
by inserting
or publishes a revision or amendment to a land management plan,
after United States,
.
Final regulatory flexibility analysis
Subsection (a) of section 604 of title 5, United States Code, is amended in the first sentence—
by striking
or
after proposed rulemaking,
; and
by inserting
or adopts a revision or amendment to a land management plan,
after section 603(a),
.
Land management plan defined
Section 601 of title 5, United States Code, is amended by adding at the end the following new paragraph:
Land management plan
In general
The term land management plan means—
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
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).
Revision
The term revision means any change to a land management plan which—
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
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).
Amendment
The term amendment means any change to a land management plan which—
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
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)).
.
Inclusion of certain interpretive rules involving the internal revenue laws
In general
Subsection (a) of section 603 of title 5, United States
Code, is amended by striking the period at the end and inserting or a
recordkeeping requirement, and without regard to whether such requirement is
imposed by statute or regulation.
.
Collection of information
Paragraph (7) of section 601 of title 5, United States Code, is amended to read as follows:
Collection of information
The term collection of information has the meaning given such term in section 3502(3) of title 44.
.
Recordkeeping requirement
Paragraph (8) of section 601 of title 5, United States Code, is amended to read as follows:
Recordkeeping requirement
The term recordkeeping requirement has the meaning given such term in section 3502(13) of title 44.
.
Definition of small organization
Paragraph (4) of section 601 of title 5, United States Code, is amended to read as follows:
Small organization
In general
The term small organization means any not-for-profit enterprise which, as of the issuance of the notice of proposed rulemaking—
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
in the case of any other enterprise, has a net worth that does not exceed $7,000,000 and has not more than 500 employees.
Local labor organizations
In the case of any local labor organization, subparagraph (A) shall be applied without regard to any national or international organization of which such local labor organization is a part.
Agency definitions
Subparagraphs (A) and (B) shall not apply to the extent that an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions for such term which are appropriate to the activities of the agency and publishes such definitions in the Federal Register.
.
Expansion of report of regulatory agenda
Section 602 of title 5, United States Code, is amended—
in subsection (a)—
in paragraph (2),
by striking , and
at the end and inserting
;
;
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following:
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
in subsection (c), to read as follows:
Each agency shall prominently display a plain language summary of the information contained in the regulatory flexibility agenda published under subsection (a) on its website within 3 days of its publication in the Federal Register. The Office of Advocacy of the Small Business Administration shall compile and prominently display a plain language summary of the regulatory agendas referenced in subsection (a) for each agency on its website within 3 days of their publication in the Federal Register.
.
Requirements providing for more detailed analyses
Initial regulatory flexibility analysis
Subsection (b) of section 603 of title 5, United States Code, is amended to read as follows:
Each initial regulatory flexibility analysis required under this section shall contain a detailed statement—
describing the reasons why action by the agency is being considered;
describing the objectives of, and legal basis for, the proposed rule;
estimating the number and type of small entities to which the proposed rule will apply;
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;
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;
estimating the additional cumulative economic impact of the proposed rule, or the cumulative impact of any other rule stemming from the implementation of the Free Trade Agreements, on small entities beyond that already imposed on the class of small entities by the agency or why such an estimate is not available; and
describing any disproportionate economic impact on small entities or a specific class of small entities.
.
Final regulatory flexibility analysis
In general
Section 604(a) of title 5, United States Code, is amended—
in paragraph (4),
by striking an explanation
and inserting a detailed
explanation
;
in each of
paragraphs (4), (5), and the first paragraph (6), by inserting
detailed
before description
; and
by adding at the end the following:
describing any disproportionate economic impact on small entities or a specific class of small entities.
.
Inclusion of response to comments on certification of proposed rule
Paragraph
(2) of section 604(a) of title 5, United States Code, is amended by inserting
(or certification of the proposed rule under section 605(b))
after initial regulatory flexibility analysis
.
Publication of analysis on website
Subsection (b) of section 604 of title 5, United States Code, is amended to read as follows:
The agency shall make copies of the final regulatory flexibility analysis available to the public, including placement of the entire analysis on the agency’s website, and shall publish in the Federal Register the final regulatory flexibility analysis, or a summary thereof which includes the telephone number, mailing address, and link to the website where the complete analysis may be obtained.
.
Cross-References to other analyses
Subsection (a) of section 605 of title 5, United States Code, is amended to read as follows:
A Federal agency shall be treated as satisfying any requirement regarding the content of an agenda or regulatory flexibility analysis under section 602, 603, or 604, if such agency provides in such agenda or analysis a cross-reference to the specific portion of another agenda or analysis which is required by any other law and which satisfies such requirement.
.
Certifications
Subsection (b) of section 605 of title 5, United States Code, is amended—
by inserting
detailed
before statement
the first place it
appears; and
by inserting
and legal
after factual
.
Quantification requirements
Section 607 of title 5, United States Code, is amended to read as follows:
Quantification requirements
In complying with sections 603 and 604, an agency shall provide—
a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule; or
a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable.
.
Repeal of waiver and delay authority; Additional powers of the Chief Counsel for Advocacy
In general
Section 608 is amended to read as follows:
Additional powers of Chief Counsel for Advocacy
Not later than 270 days after the date of the enactment of the Regulatory Flexibility Improvements Act of 2012, 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.
An agency shall not issue rules which supplement the rules issued under subsection (a) unless such agency has first consulted with the Chief Counsel for Advocacy to ensure that such supplemental rules comply with this chapter and the rules issued under paragraph (1).
Notwithstanding any other law, the Chief Counsel for Advocacy of the Small Business Administration may intervene in any agency adjudication (unless such agency is authorized to impose a fine or penalty under such adjudication), and may inform the agency of the impact that any decision on the record may have on small entities. The Chief Counsel shall not initiate an appeal with respect to any adjudication in which the Chief Counsel intervenes under this subsection.
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.
.
Conforming amendments
Section 611(a)(1) of such title is amended
by striking 608(b),
.
Section 611(a)(2) of such title is amended
by striking 608(b),
.
Section 611(a)(3) of such title is amended—
by striking subparagraph (B); and
by striking
(3)(A) A small entity
and inserting the following:
A small entity
.
Procedures for gathering comments
Section 609 of title 5, United States Code, is amended by striking subsection (b) and all that follows through the end of the section and inserting the following:
Prior to publication of any proposed rule described in subsection (e), an agency making such rule shall notify the Chief Counsel for Advocacy of the Small Business Administration and provide the Chief Counsel with—
all materials prepared or utilized by the agency in making the proposed rule, including the draft of the proposed rule; and
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.
An agency shall not be required under paragraph (1) to provide the exact language of any draft if the rule—
relates to the internal revenue laws of the United States; or
is proposed by an independent regulatory agency (as defined in section 3502(5) of title 44).
Not later than 15 days after the receipt of such materials and information under subsection (b), the Chief Counsel for Advocacy of the Small Business Administration shall—
identify small entities or representatives of small entities or a combination of both for the purpose of obtaining advice, input, and recommendations from those persons about the potential economic impacts of the proposed rule and the compliance of the agency with section 603; and
convene a review panel consisting of an employee from the Office of Advocacy of the Small Business Administration, an employee from the agency making the rule, and in the case of an agency other than an independent regulatory agency (as defined in section 3502(5) of title 44), an employee from the Office of Information and Regulatory Affairs of the Office of Management and Budget to review the materials and information provided to the Chief Counsel under subsection (b).
Not later than 60 days after the review panel described in subsection (c)(2) is convened, the Chief Counsel for Advocacy of the Small Business Administration shall, after consultation with the members of such panel, submit a report to the agency and, in the case of an agency other than an independent regulatory agency (as defined in section 3502(5) of title 44), the Office of Information and Regulatory Affairs of the Office of Management and Budget.
Such report shall include an assessment of the economic impact of the proposed rule on small entities, including an assessment of the proposed rule’s impact on the cost that small entities pay for energy, and a discussion of any alternatives that will minimize adverse significant economic impacts or maximize beneficial significant economic impacts on small entities.
Such report shall become part of the rulemaking record. In the publication of the proposed rule, the agency shall explain what actions, if any, the agency took in response to such report.
A proposed rule is described by this subsection if the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, the head of the agency (or the delegatee of the head of the agency), or an independent regulatory agency determines that the proposed rule is likely to result in—
an annual effect on the economy of $100,000,000 or more;
a major increase in costs or prices for consumers, individual industries, Federal, State, or local governments, tribal organizations, or geographic regions;
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
a significant economic impact on a substantial number of small entities.
Upon application by the agency, the Chief Counsel for Advocacy of the Small Business Administration may waive the requirements of subsections (b) through (e) if the Chief Counsel determines that compliance with the requirements of such subsections are impracticable, unnecessary, or contrary to the public interest.
.
Periodic review of rules
Section 610 of title 5, United States Code, is amended to read as follows:
Periodic review of rules
Not later than 180 days after the enactment of the Regulatory Flexibility Improvements Act of 2011, each agency shall publish in the Federal Register and place on its website a plan for the periodic review of rules issued by the agency which the head of the agency determines have a significant economic impact on a substantial number of small entities. Such determination shall be made without regard to whether the agency performed an analysis under section 604. The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any adverse significant economic impacts or maximize any beneficial significant economic impacts on a substantial number of small entities. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register and subsequently placing the amended plan on the agency’s website.
The plan shall provide for the review of all such agency rules existing on the date of the enactment of the Regulatory Flexibility Improvements Act of 2011 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 the Regulatory Flexibility Improvements Act of 2011 within 10 years after the publication of the final rule in the Federal Register. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the review for not longer than 2 years after publication of notice of extension in the Federal Register. Such certification and notice shall be sent to the Chief Counsel for Advocacy of the Small Business Administration and the Congress.
The plan shall include a section that details how an agency will conduct outreach to and meaningfully include small businesses for the purposes of carrying out this section. The agency shall include in this section a plan for how the agency will contact small businesses and gather their input on existing agency rules.
Each agency shall annually submit a report regarding the results of its review pursuant to such plan to the Congress, the Chief Counsel for Advocacy of the Small Business Administration, and, in the case of agencies other than independent regulatory agencies (as defined in section 3502(5) of title 44) to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget. Such report shall include the identification of any rule with respect to which the head of the agency made a determination described in paragraph (5) or (6) of subsection (e) and a detailed explanation of the reasons for such determination.
In reviewing a rule pursuant to subsections (a) through (d), the agency shall amend or rescind the rule to minimize any adverse significant economic impact on a substantial number of small entities or disproportionate economic impact on a specific class of small entities, or maximize any beneficial significant economic impact of the rule on a substantial number of small entities to the greatest extent possible, consistent with the stated objectives of applicable statutes. In amending or rescinding the rule, the agency shall consider the following factors:
The continued need for the rule.
The nature of complaints received by the agency from small entities concerning the rule.
Comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy of the Small Business Administration.
The complexity of the rule.
The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, unless the head of the agency determines it to be infeasible, State, territorial, and local rules.
The contribution of the rule to the cumulative economic impact of all Federal rules on the class of small entities affected by the rule, unless the head of the agency determines that such calculations cannot be made and reports that determination in the annual report required under subsection (d).
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.
The agency shall publish in the Federal Register and on its website 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 it had prepared a final regulatory flexibility analysis for the rule), and request comments from the public, the Chief Counsel for Advocacy of the Small Business Administration, and the Regulatory Enforcement Ombudsman concerning the enforcement of the rule.
.
Judicial review of compliance with the requirements of the Regulatory Flexibility Act available after publication of the final rule
In general
Paragraph (1) of section 611(a) of title 5, United States
Code, is amended by striking final agency action
and inserting
such rule
.
Jurisdiction
Paragraph
(2) of such section is amended by inserting (or which would have such
jurisdiction if publication of the final rule constituted final agency
action)
after provision of law,
.
Time for bringing action
Paragraph (3) of such section is amended—
by striking
final agency action
and inserting publication of the
final rule
; and
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
.
Intervention by Chief Counsel for Advocacy
Subsection (b) of section 612 of title
5, United States Code, is amended by inserting before the first period
or agency compliance with section 601, 603, 604, 605(b), 609, or
610
.
Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act
In general
Section 2342 of title 28, United States Code, is amended—
in paragraph (6),
by striking and
at the end;
in paragraph (7),
by striking the period at the end and inserting ; and
;
and
by inserting after paragraph (7) the following new paragraph:
all final rules under section 608(a) of title 5.
.
Conforming amendments
Paragraph (3) of section 2341 of title 28, United States Code, is amended—
in subparagraph
(D), by striking and
at the end;
in subparagraph
(E), by striking the period at the end and inserting ; and
;
and
by adding at the end the following new subparagraph:
the Office of Advocacy of the Small Business Administration, when the final rule is under section 608(a) of title 5.
.
Authorization To intervene and comment on agency compliance with administrative procedure
Subsection (b) of section 612 of title 5, United States
Code, is amended by inserting chapter 5, and chapter 7,
after
this chapter,
.
Clerical amendments
Section 601 of title 5, United States Code, is amended—
in paragraph (1)—
by striking the semicolon at the end and inserting a period; and
by striking
(1) the term
and inserting the following:
Agency
The term
;
in paragraph (3)—
by striking the semicolon at the end and inserting a period; and
by striking
(3) the term
and inserting the following:
Small business
The term
;
in paragraph (5)—
by striking the semicolon at the end and inserting a period; and
by striking
(5) the term
and inserting the following:
Small governmental jurisdiction
The term
; and
in paragraph (6)—
by striking
; and
and inserting a period; and
by striking
(6) the term
and inserting the following:
Small entity
The term
.
The heading of section 605 of title 5, United States Code, is amended to read as follows:
Incorporations by reference and certifications
.
The table of sections for chapter 6 of title 5, United States Code, is amended—
by striking the item relating to section 605 and inserting the following new item:
605. Incorporations by reference and certifications.
;
by striking the item relating to section 607 and inserting the following new item:
607. Quantification requirements.
;
by striking the item relating to section 608 and inserting the following:
608. Additional powers of Chief Counsel for Advocacy.
.
Chapter 6 of title 5, United States Code, is amended as follows:
In section 603, by striking subsection (d).
In section 604(a) by striking the second paragraph (6).
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:
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.
.
Vocational Training at State Level
Findings
The Congress finds that—
high schools, community colleges, technical schools, as well as public and private universities and colleges should, when opportunities are available and viable, establish local and statewide partnerships with industry, especially manufacturing companies;
these partnerships include, but are not limited to, targeting curriculum and course work, in conjunction with private businesses and industry certification organizations that provide industry recognized nationally portable skills to meet the needs of industry; and
these partnerships will connect the intellectual knowledge available at our technical colleges, our two year universities, and at our four year colleges and universities with business leaders in order to create a synergism that encourages businesses to grow and expand through the availability of a higher skilled workforce.
Sense of Congress
It is the sense of Congress that schools should establish local and statewide partnerships with industry, especially manufacturing companies.