U.S. Congress - Text of H.R.6240 as Introduced in House Manufacturing Comeback Act of 2012
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Donate NowH.R.6240 - Manufacturing Comeback Act of 2012
To make reforms to taxes, regulations, and workforce development programs in order to increase employment in the manufacturing sector and overall economy.
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HR 6240 IHCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 6240CommentsClose CommentsPermalink
To make reforms to taxes, regulations, and workforce development programs in order to increase employment in the manufacturing sector and overall economy.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
July 31, 2012CommentsClose CommentsPermalink
July 31, 2012CommentsClose CommentsPermalink
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 concernedCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To make reforms to taxes, regulations, and workforce development programs in order to increase employment in the manufacturing sector and overall economy.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
(a) Short Title- This Act may be cited as the ‘Manufacturing Comeback Act of 2012’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
TITLE I--RESEARCH AND DEVELOPMENT
Sec. 101. Extension and expansion of research and development tax credit.CommentsClose CommentsPermalink
TITLE II--CORPORATE AND INDIVIDUAL PROVISIONS GENERALLY
Sec. 201. Extension of bonus depreciation and temporary 100 percent expensing for certain business assets.CommentsClose CommentsPermalink
Sec. 202. Extension of increased small business expensing.CommentsClose CommentsPermalink
Sec. 203. Maximum corporate income tax rate reduced to 25 percent for 2013.CommentsClose CommentsPermalink
Sec. 204. Temporary extension of 2001 tax relief.CommentsClose CommentsPermalink
Sec. 205. Temporary extension of 2003 tax relief.CommentsClose CommentsPermalink
TITLE III--WORKFORCE TRAINING
Sec. 301. Short title.CommentsClose CommentsPermalink
Sec. 302. Industry-recognized and nationally portable credentials for job training programs.CommentsClose CommentsPermalink
Sec. 303. Skill credential registry.CommentsClose CommentsPermalink
Sec. 304. Effective Date.CommentsClose CommentsPermalink
TITLE IV--ECONOMIC IMPACT OF RESEARCH GRANTS
Sec. 401. Economic impact of research grants.CommentsClose CommentsPermalink
TITLE V--REGULATIONS
Sec. 501. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 502. Clarification and expansion of rules covered by the Regulatory Flexibility Act.CommentsClose CommentsPermalink
Sec. 503. Expansion of report of regulatory agenda.CommentsClose CommentsPermalink
Sec. 504. Requirements providing for more detailed analyses.CommentsClose CommentsPermalink
Sec. 505. Repeal of waiver and delay authority; Additional powers of the Chief Counsel for Advocacy.CommentsClose CommentsPermalink
Sec. 506. Procedures for gathering comments.CommentsClose CommentsPermalink
Sec. 507. Periodic review of rules.CommentsClose CommentsPermalink
Sec. 508. Judicial review of compliance with the requirements of the Regulatory Flexibility Act available after publication of the final rule.CommentsClose CommentsPermalink
Sec. 509. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act.CommentsClose CommentsPermalink
Sec. 510. Clerical amendments.CommentsClose CommentsPermalink
Sec. 511. Agency preparation of guides.CommentsClose CommentsPermalink
TITLE VI--VOCATIONAL TRAINING AT STATE LEVEL
Sec. 601. Findings.CommentsClose CommentsPermalink
Sec. 602. Sense of Congress.CommentsClose CommentsPermalink
TITLE I--RESEARCH AND DEVELOPMENTCommentsClose CommentsPermalink
TITLE I--RESEARCH AND DEVELOPMENTCommentsClose CommentsPermalink
SEC. 101. EXTENSION AND EXPANSION OF RESEARCH AND DEVELOPMENT TAX CREDIT.
(a) Extension-CommentsClose CommentsPermalink
(1) 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’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 45C(b)(1)(D) of such Code is amended by striking ‘December 31, 2011’ and inserting ‘December 31, 2016’.CommentsClose CommentsPermalink
(b) 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’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to amounts paid or incurred after December 31, 2011.CommentsClose CommentsPermalink
TITLE II--CORPORATE AND INDIVIDUAL PROVISIONS GENERALLYCommentsClose CommentsPermalink
TITLE II--CORPORATE AND INDIVIDUAL PROVISIONS GENERALLYCommentsClose CommentsPermalink
SEC. 201. EXTENSION OF BONUS DEPRECIATION AND TEMPORARY 100 PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS.
(a) In General- Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink
(1) by striking ‘January 1, 2012’ in subparagraph (A)(iv) and inserting ‘January 1, 2014’, andCommentsClose CommentsPermalink
(2) by striking ‘January 1, 2011’ each place it appears and inserting ‘January 1, 2013’.CommentsClose CommentsPermalink
(b) Temporary 100 Percent Expensing- Paragraph (5) of section 168(k) of such Code is amended--CommentsClose CommentsPermalink
(1) by striking ‘2013’ and inserting ‘2014’, andCommentsClose CommentsPermalink
(2) by striking ‘2012’ both places it appears and inserting ‘2013’.CommentsClose CommentsPermalink
(c) 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’.CommentsClose CommentsPermalink
(d) Conforming Amendments-CommentsClose CommentsPermalink
(1) The heading for subsection (k) of section 168 of such Code is amended by striking ‘January 1, 2013’ and inserting ‘January 1, 2014’.CommentsClose CommentsPermalink
(2) 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’.CommentsClose CommentsPermalink
(3) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ‘January 1, 2013’ and inserting ‘January 1, 2014’.CommentsClose CommentsPermalink
(4) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking ‘January 1, 2013’ and inserting ‘January 1, 2014’.CommentsClose CommentsPermalink
(5) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ‘January 1, 2013’ and inserting ‘January 1, 2014’.CommentsClose CommentsPermalink
(e) 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.CommentsClose CommentsPermalink
SEC. 202. EXTENSION OF INCREASED SMALL BUSINESS EXPENSING.
(a) Dollar Limitation- Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink
(1) in subparagraph (B) by striking ‘or 2011’ and inserting ‘, 2011, or 2012’,CommentsClose CommentsPermalink
(2) in subparagraph (C) by striking ‘2012’ and inserting ‘2013’, andCommentsClose CommentsPermalink
(3) in subparagraph (D) by striking ‘2012’ and inserting ‘2013’.CommentsClose CommentsPermalink
(b) Reduction in Limitation- Paragraph (2) of section 179(b) of such Code is amended--CommentsClose CommentsPermalink
(1) in subparagraph (B) by striking ‘or 2011’ and inserting ‘, 2011, or 2012’,CommentsClose CommentsPermalink
(2) in subparagraph (C) by striking ‘2012’ and inserting ‘2013’, andCommentsClose CommentsPermalink
(3) in subparagraph (D) by striking ‘2012’ and inserting ‘2013’.CommentsClose CommentsPermalink
(c) Inflation Adjustment- Subparagraph (A) of section 179(b) of such Code is amended by striking ‘2012’ and inserting ‘2013’.CommentsClose CommentsPermalink
(d) Computer Software- Section 179(d)(1)(A)(ii) of such Code is amended by striking ‘2013’ and inserting ‘2014’.CommentsClose CommentsPermalink
(e) Conforming Amendment- Section 179(c)(2) of such Code is amended by striking ‘2013’ and inserting ‘2014’.CommentsClose CommentsPermalink
(f) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2012.CommentsClose CommentsPermalink
SEC. 203. MAXIMUM CORPORATE INCOME TAX RATE REDUCED TO 25 PERCENT FOR 2013.
(a) 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:CommentsClose CommentsPermalink
‘(3) SPECIAL RULE FOR 2013- In the case of a taxable year beginning in 2013--CommentsClose CommentsPermalink
‘(A) in lieu of paragraph (1), the amount of the tax imposed by subsection (a) shall be the sum of--CommentsClose CommentsPermalink
‘(i) 15 percent of so much of the taxable income as does not exceed $50,000, andCommentsClose CommentsPermalink
‘(ii) 25 percent of so much of the taxable income as exceeds $50,000,CommentsClose CommentsPermalink
‘(B) paragraph (2) shall be applied by substituting ‘25 percent’ for ‘35 percent’, andCommentsClose CommentsPermalink
‘(C) paragraphs (1) and (2) of section 1445(e) shall be applied by substituting ‘25 percent’ for ‘35 percent’.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall apply to taxable years beginning after December 31, 2012.CommentsClose CommentsPermalink
SEC. 204. TEMPORARY EXTENSION OF 2001 TAX RELIEF.
(a) 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’.CommentsClose CommentsPermalink
(b) 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.CommentsClose CommentsPermalink
SEC. 205. TEMPORARY EXTENSION OF 2003 TAX RELIEF.
(a) 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’.CommentsClose CommentsPermalink
(b) 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.CommentsClose CommentsPermalink
TITLE III--WORKFORCE TRAININGCommentsClose CommentsPermalink
TITLE III--WORKFORCE TRAININGCommentsClose CommentsPermalink
SEC. 301. SHORT TITLE.
This title may be cited as the ‘American Manufacturing Efficiency and Retraining Investment Collaboration Achievement Works Act’ or the ‘AMERICA Works Act’.CommentsClose CommentsPermalink
SEC. 302. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIALS FOR JOB TRAINING PROGRAMS.
(a) Workforce Investment Act of 1998-CommentsClose CommentsPermalink
(1) GENERAL EMPLOYMENT AND TRAINING ACTIVITIES- Section 134(d)(4)(F) of the Workforce Investment Act of 1998 (
‘(iv) 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.’.CommentsClose CommentsPermalink
(2) YOUTH ACTIVITIES- Section 129(c)(1)(C) of the Workforce Investment Act of 1998 (
(A) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; andCommentsClose CommentsPermalink
(B) by inserting after clause (i) the following:CommentsClose CommentsPermalink
‘(ii) 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);’.CommentsClose CommentsPermalink
(b) Career and Technical Education-CommentsClose CommentsPermalink
(1) STATE PLAN- Section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (
‘(i) 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; andCommentsClose CommentsPermalink
‘(ii) may provide a basis for additional credentials, certificates, or degrees;’.CommentsClose CommentsPermalink
(2) USE OF LOCAL FUNDS- Section 134(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (
(A) in paragraph (11), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink
(B) in paragraph (12)(B), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(13) 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).’.CommentsClose CommentsPermalink
(3) TECH-PREP PROGRAMS- Section 203(c)(2)(E) of the Carl D. Perkins Career and Technical Education Act of 2006 (
(c) Training Programs Under TAA- Section 236(a)(5) of the Trade Act of 1974 (
SEC. 303. SKILL CREDENTIAL REGISTRY.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) COVERED PROVISION- The term ‘covered provision’ means any of sections 129 and 134 of the Workforce Investment Act of 1998 (
(2) INDUSTRY-RECOGNIZED- The term ‘industry-recognized’, used with respect to a credential, means a credential that--CommentsClose CommentsPermalink
(A) is sought or accepted by companies within the industry sector involved as recognized, preferred, or required for recruitment, screening, or hiring; andCommentsClose CommentsPermalink
(B) is endorsed by a nationally recognized trade association or organization representing a significant part of the industry sector.CommentsClose CommentsPermalink
(3) 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.CommentsClose CommentsPermalink
(4) WORKFORCE INVESTMENT ACTIVITIES- The term ‘workforce investment activities’ has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (
(b) Registry-CommentsClose CommentsPermalink
(1) 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.CommentsClose CommentsPermalink
(2) REGISTRY- The Secretary shall--CommentsClose CommentsPermalink
(A) 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);CommentsClose CommentsPermalink
(B) list the credential in the registry if the credential is a credential from the Manufacturing Institute-Endorsed Manufacturing Skills Certification System; andCommentsClose CommentsPermalink
(C) 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.CommentsClose CommentsPermalink
(c) 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).CommentsClose CommentsPermalink
SEC. 304. EFFECTIVE DATE.
This title, and the amendments made by this title, take effect 120 days after the date of enactment of this Act.CommentsClose CommentsPermalink
TITLE IV--ECONOMIC IMPACT OF RESEARCH GRANTSCommentsClose CommentsPermalink
TITLE IV--ECONOMIC IMPACT OF RESEARCH GRANTSCommentsClose CommentsPermalink
SEC. 401. 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.CommentsClose CommentsPermalink
TITLE V--REGULATIONSCommentsClose CommentsPermalink
TITLE V--REGULATIONSCommentsClose CommentsPermalink
SEC. 501. SHORT TITLE; TABLE OF CONTENTS.
This title may be cited as the ‘Regulatory Flexibility Improvements Act of 2012’.CommentsClose CommentsPermalink
SEC. 502. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE REGULATORY FLEXIBILITY ACT.
(a) In General- Paragraph (2) of
‘(2) 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.’.CommentsClose CommentsPermalink
(b) Inclusion of Rules With Indirect Effects-
‘(9) ECONOMIC IMPACT- The term ‘economic impact’ means, with respect to a proposed or final rule--CommentsClose CommentsPermalink
‘(A) any direct economic effect on small entities of such rule; andCommentsClose CommentsPermalink
‘(B) 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).’.CommentsClose CommentsPermalink
(c) Inclusion of Rules With Beneficial Effects-CommentsClose CommentsPermalink
(1) INITIAL REGULATORY FLEXIBILITY ANALYSIS- Subsection (c) of
(2) FINAL REGULATORY FLEXIBILITY ANALYSIS- The first paragraph (6) of
(d) Inclusion of Rules Affecting Tribal Organizations- Paragraph (5) of
(e) Inclusion of Land Management Plans and Formal Rulemaking-CommentsClose CommentsPermalink
(1) INITIAL REGULATORY FLEXIBILITY ANALYSIS- Subsection (a) of
(A) by striking ‘or’ after ‘proposed rule,’; andCommentsClose CommentsPermalink
(B) by inserting ‘or publishes a revision or amendment to a land management plan,’ after ‘United States,’.CommentsClose CommentsPermalink
(2) FINAL REGULATORY FLEXIBILITY ANALYSIS- Subsection (a) of
(A) by striking ‘or’ after ‘proposed rulemaking,’; andCommentsClose CommentsPermalink
(B) by inserting ‘or adopts a revision or amendment to a land management plan,’ after ‘section 603(a),’.CommentsClose CommentsPermalink
(3) LAND MANAGEMENT PLAN DEFINED-
‘(10) LAND MANAGEMENT PLAN-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘land management plan’ means--CommentsClose CommentsPermalink
‘(i) 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 ); andCommentsClose CommentsPermalink‘(ii) 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 ).CommentsClose CommentsPermalink‘(B) REVISION- The term ‘revision’ means any change to a land management plan which--CommentsClose CommentsPermalink
‘(i) 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) ); orCommentsClose CommentsPermalink‘(ii) 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).CommentsClose CommentsPermalink
‘(C) AMENDMENT- The term ‘amendment’ means any change to a land management plan which--CommentsClose CommentsPermalink
‘(i) 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) ); orCommentsClose CommentsPermalink‘(ii) 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) ).’.CommentsClose CommentsPermalink
(f) Inclusion of Certain Interpretive Rules Involving the Internal Revenue Laws-CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (a) of
(2) COLLECTION OF INFORMATION- Paragraph (7) of
‘(7) COLLECTION OF INFORMATION- The term ‘collection of information’ has the meaning given such term in section 3502(3) of title 44.’.CommentsClose CommentsPermalink
(3) RECORDKEEPING REQUIREMENT- Paragraph (8) of
‘(8) RECORDKEEPING REQUIREMENT- The term ‘recordkeeping requirement’ has the meaning given such term in section 3502(13) of title 44.’.CommentsClose CommentsPermalink
(g) Definition of Small Organization- Paragraph (4) of
‘(4) SMALL ORGANIZATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘small organization’ means any not-for-profit enterprise which, as of the issuance of the notice of proposed rulemaking--CommentsClose CommentsPermalink
‘(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. 632 ) for small business concerns described by such classification code; andCommentsClose CommentsPermalink‘(ii) 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.CommentsClose CommentsPermalink
‘(B) 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.CommentsClose CommentsPermalink
‘(C) 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.’.CommentsClose CommentsPermalink
SEC. 503. EXPANSION OF REPORT OF REGULATORY AGENDA.
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (2), by striking ‘, and’ at the end and inserting ‘;’;CommentsClose CommentsPermalink
(B) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink
(C) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
‘(3) 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’; andCommentsClose CommentsPermalink
(2) in subsection (c), to read as follows:CommentsClose CommentsPermalink
‘(c) 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.’.CommentsClose CommentsPermalink
SEC. 504. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.
(a) Initial Regulatory Flexibility Analysis- Subsection (b) of
‘(b) Each initial regulatory flexibility analysis required under this section shall contain a detailed statement--CommentsClose CommentsPermalink
‘(1) describing the reasons why action by the agency is being considered;CommentsClose CommentsPermalink
‘(2) describing the objectives of, and legal basis for, the proposed rule;CommentsClose CommentsPermalink
‘(3) estimating the number and type of small entities to which the proposed rule will apply;CommentsClose CommentsPermalink
‘(4) 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;CommentsClose CommentsPermalink
‘(5) 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;CommentsClose CommentsPermalink
‘(6) 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; andCommentsClose CommentsPermalink
‘(7) describing any disproportionate economic impact on small entities or a specific class of small entities.’.CommentsClose CommentsPermalink
(b) Final Regulatory Flexibility Analysis-CommentsClose CommentsPermalink
(1) IN GENERAL-
(A) in paragraph (4), by striking ‘an explanation’ and inserting ‘a detailed explanation’;CommentsClose CommentsPermalink
(B) in each of paragraphs (4), (5), and the first paragraph (6), by inserting ‘detailed’ before ‘description’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(7) describing any disproportionate economic impact on small entities or a specific class of small entities.’.CommentsClose CommentsPermalink
(2) INCLUSION OF RESPONSE TO COMMENTS ON CERTIFICATION OF PROPOSED RULE- Paragraph (2) of
(3) PUBLICATION OF ANALYSIS ON WEBSITE- Subsection (b) of
‘(b) 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.’.CommentsClose CommentsPermalink
(c) Cross-References to Other Analyses- Subsection (a) of
‘(a) 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.’.CommentsClose CommentsPermalink
(d) Certifications- Subsection (b) of
(1) by inserting ‘detailed’ before ‘statement’ the first place it appears; andCommentsClose CommentsPermalink
(2) by inserting ‘and legal’ after ‘factual’.CommentsClose CommentsPermalink
(e) Quantification Requirements-
‘Sec. 607. Quantification requirements
‘In complying with sections 603 and 604, an agency shall provide--CommentsClose CommentsPermalink
‘(1) a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule; orCommentsClose CommentsPermalink
‘(2) a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable.’.CommentsClose CommentsPermalink
SEC. 505. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDITIONAL POWERS OF THE CHIEF COUNSEL FOR ADVOCACY.
(a) In General- Section 608 is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 608. Additional powers of Chief Counsel for Advocacy
‘(a)(1) 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.CommentsClose CommentsPermalink
‘(2) 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).CommentsClose CommentsPermalink
‘(b) 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.CommentsClose CommentsPermalink
‘(c) 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.’.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 611(a)(1) of such title is amended by striking ‘608(b),’.CommentsClose CommentsPermalink
(2) Section 611(a)(2) of such title is amended by striking ‘608(b),’.CommentsClose CommentsPermalink
(3) Section 611(a)(3) of such title is amended--CommentsClose CommentsPermalink
(A) by striking subparagraph (B); andCommentsClose CommentsPermalink
(B) by striking ‘(3)(A) A small entity’ and inserting the following:CommentsClose CommentsPermalink
‘(3) A small entity’.CommentsClose CommentsPermalink
SEC. 506. PROCEDURES FOR GATHERING COMMENTS.
‘(b)(1) 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--CommentsClose CommentsPermalink
‘(A) all materials prepared or utilized by the agency in making the proposed rule, including the draft of the proposed rule; andCommentsClose CommentsPermalink
‘(B) 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.CommentsClose CommentsPermalink
‘(2) An agency shall not be required under paragraph (1) to provide the exact language of any draft if the rule--CommentsClose CommentsPermalink
‘(A) relates to the internal revenue laws of the United States; orCommentsClose CommentsPermalink
‘(B) is proposed by an independent regulatory agency (as defined in section 3502(5) of title 44).CommentsClose CommentsPermalink
‘(c) 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--CommentsClose CommentsPermalink
‘(1) 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; andCommentsClose CommentsPermalink
‘(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, 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).CommentsClose CommentsPermalink
‘(d)(1) 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.CommentsClose CommentsPermalink
‘(2) 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.CommentsClose CommentsPermalink
‘(3) 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.CommentsClose CommentsPermalink
‘(e) 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--CommentsClose CommentsPermalink
‘(1) an annual effect on the economy of $100,000,000 or more;CommentsClose CommentsPermalink
‘(2) a major increase in costs or prices for consumers, individual industries, Federal, State, or local governments, tribal organizations, or geographic regions;CommentsClose CommentsPermalink
‘(3) 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; orCommentsClose CommentsPermalink
‘(4) a significant economic impact on a substantial number of small entities.CommentsClose CommentsPermalink
‘(f) 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.’.CommentsClose CommentsPermalink
SEC. 507. PERIODIC REVIEW OF RULES.
‘Sec. 610. Periodic review of rules
‘(a) 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.CommentsClose CommentsPermalink
‘(b) 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.CommentsClose CommentsPermalink
‘(c) 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.CommentsClose CommentsPermalink
‘(d) 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.CommentsClose CommentsPermalink
‘(e) 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:CommentsClose CommentsPermalink
‘(1) The continued need for the rule.CommentsClose CommentsPermalink
‘(2) The nature of complaints received by the agency from small entities concerning the rule.CommentsClose CommentsPermalink
‘(3) Comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy of the Small Business Administration.CommentsClose CommentsPermalink
‘(4) The complexity of the rule.CommentsClose CommentsPermalink
‘(5) 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.CommentsClose CommentsPermalink
‘(6) 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).CommentsClose CommentsPermalink
‘(7) 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.CommentsClose CommentsPermalink
‘(f) 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.’.CommentsClose CommentsPermalink
SEC. 508. JUDICIAL REVIEW OF COMPLIANCE WITH THE REQUIREMENTS OF THE REGULATORY FLEXIBILITY ACT AVAILABLE AFTER PUBLICATION OF THE FINAL RULE.
(a) In General- Paragraph (1) of
(b) 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,’.CommentsClose CommentsPermalink
(c) Time for Bringing Action- Paragraph (3) of such section is amended--CommentsClose CommentsPermalink
(1) by striking ‘final agency action’ and inserting ‘publication of the final rule’; andCommentsClose CommentsPermalink
(2) 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’.CommentsClose CommentsPermalink
(d) Intervention by Chief Counsel for Advocacy- Subsection (b) of
SEC. 509. JURISDICTION OF COURT OF APPEALS OVER RULES IMPLEMENTING THE REGULATORY FLEXIBILITY ACT.
(a) In General-
(1) in paragraph (6), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (7), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (7) the following new paragraph:CommentsClose CommentsPermalink
‘(8) all final rules under section 608(a) of title 5.’.CommentsClose CommentsPermalink
(b) Conforming Amendments- Paragraph (3) of
(1) in subparagraph (D), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in subparagraph (E), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(F) the Office of Advocacy of the Small Business Administration, when the final rule is under section 608(a) of title 5.’.CommentsClose CommentsPermalink
(c) Authorization To Intervene and Comment on Agency Compliance With Administrative Procedure- Subsection (b) of
SEC. 510. CLERICAL AMENDMENTS.
(a)
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking the semicolon at the end and inserting a period; andCommentsClose CommentsPermalink
(B) by striking ‘(1) the term’ and inserting the following:CommentsClose CommentsPermalink
‘(1) AGENCY- The term’;CommentsClose CommentsPermalink
(2) in paragraph (3)--CommentsClose CommentsPermalink
(A) by striking the semicolon at the end and inserting a period; andCommentsClose CommentsPermalink
(B) by striking ‘(3) the term’ and inserting the following:CommentsClose CommentsPermalink
‘(3) SMALL BUSINESS- The term’;CommentsClose CommentsPermalink
(3) in paragraph (5)--CommentsClose CommentsPermalink
(A) by striking the semicolon at the end and inserting a period; andCommentsClose CommentsPermalink
(B) by striking ‘(5) the term’ and inserting the following:CommentsClose CommentsPermalink
‘(5) SMALL GOVERNMENTAL JURISDICTION- The term’; andCommentsClose CommentsPermalink
(4) in paragraph (6)--CommentsClose CommentsPermalink
(A) by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(B) by striking ‘(6) the term’ and inserting the following:CommentsClose CommentsPermalink
‘(6) SMALL ENTITY- The term’.CommentsClose CommentsPermalink
(b) The heading of
‘Sec. 605. Incorporations by reference and certifications’.
(c) The table of sections for chapter 6 of title 5, United States Code, is amended--CommentsClose CommentsPermalink
(1) by striking the item relating to section 605 and inserting the following new item:CommentsClose CommentsPermalink
‘605. Incorporations by reference and certifications.’;CommentsClose CommentsPermalink
(2) by striking the item relating to section 607 and inserting the following new item:CommentsClose CommentsPermalink
‘607. Quantification requirements.’;CommentsClose CommentsPermalink
andCommentsClose CommentsPermalink
(3) by striking the item relating to section 608 and inserting the following:CommentsClose CommentsPermalink
‘608. Additional powers of Chief Counsel for Advocacy.’.CommentsClose CommentsPermalink
(d) Chapter 6 of title 5, United States Code, is amended as follows:CommentsClose CommentsPermalink
(1) In section 603, by striking subsection (d).CommentsClose CommentsPermalink
(2) In section 604(a) by striking the second paragraph (6).CommentsClose CommentsPermalink
SEC. 511. AGENCY PREPARATION OF GUIDES.
Section 212(a)(5) the Small Business Regulatory Enforcement Fairness Act of 1996 (
‘(5) 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.’.CommentsClose CommentsPermalink
TITLE VI--VOCATIONAL TRAINING AT STATE LEVELCommentsClose CommentsPermalink
TITLE VI--VOCATIONAL TRAINING AT STATE LEVELCommentsClose CommentsPermalink
SEC. 601. FINDINGS.
The Congress finds that--CommentsClose CommentsPermalink
(1) 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;CommentsClose CommentsPermalink
(2) 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; andCommentsClose CommentsPermalink
(3) 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.CommentsClose CommentsPermalink
SEC. 602. SENSE OF CONGRESS.
It is the sense of Congress that schools should establish local and statewide partnerships with industry, especially manufacturing companies.CommentsClose CommentsPermalink
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