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Code · BILL · 115th Congress · H.R. 33 (Introduced in House) — To amend chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act), to ensure compl... · Sec. 2

Sec. 2. Clarification and expansion of rules covered by the regulatory flexibility act

1,016 words·~5 min read·/bill/115/hr/33/ih/section-2

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Paragraph
(2)of section 601 of title 5, United States Code, is amended to read as follows: 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 pertaining to the protection of the rights of and benefits for veterans or part 232 of title 32 of the Code of Federal Regulations (as in effect on July 1, 2014) or any successor provisions thereto; or 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. . Section 601 of title 5, United States Code, is amended by adding at the end the following new paragraph: 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 (including compliance costs and effects on revenue) 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). . 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. . 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 . 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 ( after 25 U.S.C. 450b(l) )), special districts, . 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, . 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), . Section 601 of title 5, United States Code, is amended by adding at the end the following new paragraph: 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 ). 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). 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) ). . 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. . Paragraph
(7)of section 601 of title 5, United States Code, is amended to read as follows: The term collection of information has the meaning given such term in section 3502(3) of title 44. . Paragraph
(8)of section 601 of title 5, United States Code, is amended to read as follows: The term recordkeeping requirement has the meaning given such term in section 3502(13) of title 44. . Paragraph
(4)of section 601 of title 5, United States Code, is amended to read as follows: 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 million and has not more than 500 employees. 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. 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. .
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