Pub. L. 104-121, tit. II, subtit. D, sec. 243
TECHNICAL AND CONFORMING AMENDMENTS.
SEC. 243. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 605(b) of title 5, United States Code, is amended to read as follows: “(b) Sections 603 and 604 of this title shall not apply to any proposed or final rule if the head of the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. If the head of the agency makes a certification under the preceding sentence, the agency shall publish such certification in the Federal Register at the time of publication of general notice of proposed rulemaking for the rule or at the time of publication of the final rule, along with a statement providing the factual basis for such certification. The agency shall provide such certification and statement to the Chief Counsel for Advocacy of the Small Business Administration.”. (b) Section 612 of title 5, United States Code, is amended— (1) in subsection (a), by striking “the committees on the Judiciary of the Senate and the House of Representatives, the Select Committee on Small Business of the Senate, and the Committee on Small Business of the House of Representatives” and inserting “the Committees on the Judiciary and Small Business of the Senate and House of Representatives”. (2) in subsection (b), by striking “his views with respect to the” and inserting in lieu thereof, “his or her views with respect to compliance with this chapter, the adequacy of the rulemaking record with respect to small entities and the”.