Repeal of waiver and delay authority; additional powers of the Chief Counsel for Advocacy

(a) In general Section 608 of title 5, United States Code, is amended to read as follows: 608. Additional powers of Chief Counsel for Advocacy (a) In general (1) Issuance of rules Not later than 270 days after the date of enactment of the Small Business Regulatory Flexibility Improvements Act, 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. (2) Prohibition An agency shall not issue rules which supplement the rules issued under paragraph (1) unless such agency has first consulted with the Chief Counsel for Advocacy to ensure that the supplemental rules comply with this chapter and the rules issued under paragraph (1). (b) Intervention in agency adjudication 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 for Advocacy shall not initiate an appeal with respect to any adjudication in which the Chief Counsel for Advocacy intervenes under this subsection. (c) Comments 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 rule making under section 553.. (b) Conforming amendments Section 611(a) of title 5, United States Code, is amended— (1) in paragraph (1), by striking 608(b),; (2) in paragraph (2), by striking 608(b),; and (3) in paragraph (3)— (A) by striking subparagraph (B); and (B) by striking (3)(A) A small entity and inserting the following: (3) A small entity.