Sec. 211. Ensuring that agencies consider small entity impact during the rulemaking process
229 words·~1 min read·
/bill/113/s/1730/is/section-211A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 605(b) of title 5, United States Code, is amended— by inserting
(1)after
(b); and by adding at the end the following: If, after publication of the certification required under paragraph (1), the head of the agency determines that there will be a significant economic impact on a substantial number of small entities, the agency shall comply with the requirements of section 603 before the publication of the final rule, by— publishing an initial regulatory flexibility analysis for public comment; or re-proposing the rule with an initial regulatory flexibility analysis. The head of an agency may not make a certification relating to a rule under this subsection, unless the head of the agency has determined— the average cost of the rule for small entities affected or reasonably presumed to be affected by the rule; the number of small entities affected or reasonably presumed to be affected by the rule; and the number of affected small entities for which that cost will be significant. Before publishing a certification and a statement providing the factual basis for the certification under paragraph (1), the head of an agency shall— transmit a copy of the certification and statement to the Chief Counsel for Advocacy of the Small Business Administration; and consult with the Chief Counsel for Advocacy of the Small Business Administration on the accuracy of the certification and statement. .