SA 164. Ms. SNOWE submitted an amendment intended to be proposed by him to the bill H.R. 2, to amend the Fair Labor Standards Act of 1938 to provide for an increase in the Federal minimum wage; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
SEC. __. REGULATORY FLEXIBILITY REFORM FOR SMALL BUSINESSES.
(a) Requirements Providing for More Detailed Analyses.--
(1) INITIAL REGULATORY FLEXIBILITY ANALYSIS.--Section 603 of title 5, United States Code, is amended by adding at the end the following:
``(d) An agency shall notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities either--
``(1) when the agency submits a draft rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget under Executive Order 12866, if that order requires such submission; or
``(2) if no submission to the Office of Information and Regulatory Affairs is so required, at a reasonable time prior to publication of the rule by the agency.''.
(2) FINAL REGULATORY FLEXIBILITY ANALYSIS.--
(A) INCLUSION OF RESPONSE TO COMMENTS ON CERTIFICATION OF PROPOSED RULE.--Section 604(a)(2) 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''.
(B) INCLUSION OF RESPONSE TO COMMENTS FILED BY CHIEF COUNSEL FOR ADVOCACY.--Section 604(a) of title 5, United States Code, is amended by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively, and inserting after paragraph (2) the following:
``(3) the response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule, and a detailed statement of any changes made to the proposed rule in the final rule as a result of such comments;''.
(C) PUBLICATION OF ANALYSIS ON WEB SITE, ETC.--Section 604(b) of title 5, United States Code, is amended to read as follows:
``(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 Web site, and shall publish in the Federal Register the final regulatory flexibility analysis, or a summary thereof that includes the telephone number, mailing address, and link to the Web site where the complete analysis may be obtained.''.
(3) CROSS-REFERENCES TO OTHER ANALYSES.--Section 605(a) of title 5, United States Code, is amended to read as follows:
``(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 that is required by any other law and which satisfies such requirement.''.
(4) CERTIFICATIONS.--The second sentence of section 605(b) of title 5, United States Code, is amended--
(A) by inserting ``detailed'' before ``statement''; and
(B) by inserting ``and legal'' after ``factual''.
(5) QUANTIFICATION REQUIREMENTS.--Section 607 of title 5, United States Code, is amended to read as follows:``§607. Quantification requirements

``In complying with sections 603 and 604, an agency shall provide--

``(1) a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule; or
``(2) a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable.''.
(b) Technical and Conforming Amendments.--
(1) HEADING.--The heading of section 605 of title 5, United States Code, is amended to read as follows:``§605. Incorporations by reference and certifications''.

(2) TABLE OF SECTIONS.--The table of sections for chapter 6 of title 5, United States Code, is amended--

(A) by striking the item relating to section 605 and inserting the following:

``605..Incorporations by reference and certifications.''; and

(B) by striking the item relating to section 607 and inserting the following:

``607..Quantification requirements.''.


(As printed in the Congressional Record for the Senate on Jan 23, 2007.)