IB 

Union Calendar No. 208 

113TH CONGRESS 

1ST SESSION H. R. 2542 

[Report No. 113–288, Parts I and II] 

To amend chapter 6 of title 5, United States Code (commonly known as 

the Regulatory Flexibility Act), to ensure complete analysis of potential 

impacts on small entities of rules, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 27, 2013 

Mr. BACHUS (for himself, Mr. GRAVES of Missouri, Mr. BARROW of Georgia, 

Mr. MATHESON, Mr. SMITH of Texas, Mr. COBLE, and Mr. ROKITA) introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committee on 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 concerned 

DECEMBER 11, 2013 

Additional sponsors: Mr. DUNCAN of Tennessee, Mr. HANNA, Mr. 

HUELSKAMP, Ms. HERRERA BEUTLER, Mr. COLLINS of New York, Mr. 

CRAMER, Mr. CHABOT, Mr. SMITH of Missouri, Mr. ISSA, Mr. TIPTON, 

Mr. LUETKEMEYER, Mr. LONG, and Mr. SESSIONS

DECEMBER 11, 2013 

Reported from the Committee on the Judiciary with an amendment 

[Omit the part struck through in roman and insert the part printed in italic] 

DECEMBER 11, 2013 

Reported from the Committee on Small Business with an amendment 

[Strike out all after the enacting clause and insert the part printed in boldface roman] 

[For text of introduced bill, see copy of bill as introduced on June 27, 2013] 


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A BILL 

To amend chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act), to ensure complete analysis of potential impacts on small entities of rules, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Regulatory Flexibility Improvements Act of 2013’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Clarification and expansion of rules covered by the Regulatory Flexibility Act. 

Sec. 3. Expansion of report of regulatory agenda. 

Sec. 4. Requirements providing for more detailed analyses. 

Sec. 5. Repeal of waiver and delay authority; additional powers of the Chief 

Counsel for Advocacy. 

Sec. 6. Procedures for gathering comments. 

Sec. 7. Periodic review of rules. 

Sec. 8. Judicial review of compliance with the requirements of the Regulatory 

Flexibility Act available after publication of the final rule. 

Sec. 9. Jurisdiction of court of appeals over rules implementing the Regulatory 

Flexibility Act. 

Sec. 10. Establishment and approval of small business concern size standards 

by chief counsel for advocacy. 

Sec. 11. Clerical amendments. 

Sec. 12. Agency preparation of guides. 

8 SEC. 2. CLARIFICATION AND EXPANSION OF RULES COV9 ERED BY THE REGULATORY FLEXIBILITY 

10 ACT. 

11 (a) IN GENERAL.—Paragraph (2) of section 601 of 

12 title 5, United States Code, is amended to read as follows: 

13 ‘‘(2) RULE.—The term ‘rule’ has the meaning 

14 given such term in section 551(4) of this title, ex15 cept that such term does not include a rule of par16 ticular (and not general) applicability relating to 

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1 organizations thereof, prices, facilities, appliances, 

2 services, or allowances therefor or to valuations, 

3 costs or accounting, or practices relating to such 

4 rates, wages, structures, prices, appliances, services, 

5 or allowances.’’. 

6 (b) INCLUSION OF RULES WITH INDIRECT EF7 FECTS.—Section 601 of title 5, United States Code, is 

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(9) ECONOMIC IMPACT.—The term ‘economic 

11 impact’ means, with respect to a proposed or final 

12 rule— 

13 ‘‘(A) any direct economic effect on small 

14 entities of such rule; and 

15 ‘‘(B) any indirect economic effect on small 

16 entities which is reasonably foreseeable and re17 sults from such rule (without regard to whether 

18 small entities will be directly regulated by the 

19 rule).’’. 

20 (c) INCLUSION OF RULES WITH BENEFICIAL EF21 FECTS.— 

22 (1) INITIAL REGULATORY FLEXIBILITY ANAL23 YSIS.—Subsection (c) of section 603 of title 5, 

24 United States Code, is amended by striking the first 

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1 bility analysis shall also contain a detailed descrip2 tion of alternatives to the proposed rule which mini3 mize any adverse significant economic impact or 

4 maximize any beneficial significant economic impact 

5 on small entities.’’. 

6 (2) FINAL REGULATORY FLEXIBILITY ANAL7 YSIS.—The first paragraph (6) of section 604(a) of 

8 title 5, United States Code, is amended by striking 

9 ‘‘minimize the significant economic impact’’ and in10 serting ‘‘minimize the adverse significant economic 

11 impact or maximize the beneficial significant eco12 nomic impact’’. 

13 (d) INCLUSION OF RULES AFFECTING TRIBAL ORGA14 NIZATIONS.—Paragraph (5) of section 601 of title 5, 

15 United States Code, is amended by inserting ‘‘and tribal 

16 organizations (as defined in section 4(l) of the Indian Self17 Determination and Education Assistance Act (25 U.S.C. 

18 450b(l))),’’ after ‘‘special districts,’’. 

19 (e) INCLUSION OF LAND MANAGEMENT PLANS AND

20 FORMAL RULEMAKING.— 

21 (1) INITIAL REGULATORY FLEXIBILITY ANAL22 YSIS.—Subsection (a) of section 603 of title 5, 

23 United States Code, is amended in the first sen24 tence— 


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1 (A) by striking ‘‘or’’ after ‘‘proposed 

2 rule,’’; and 

3 (B) by inserting ‘‘or publishes a revision or 

4 amendment to a land management plan,’’ after 

5 ‘‘United States,’’. 

6 (2) FINAL REGULATORY FLEXIBILITY ANAL7 YSIS.—Subsection (a) of section 604 of title 5, 

8 United States Code, is amended in the first sen9 tence— 

10 (A) by striking ‘‘or’’ after ‘‘proposed rule11 making,’’; and 

12 (B) by inserting ‘‘or adopts a revision or 

13 amendment to a land management plan,’’ after 

14 ‘‘section 603(a),’’. 

15 (3) LAND MANAGEMENT PLAN DEFINED.—Sec16 tion 601 of title 5, United States Code, is amended 

17 by adding at the end the following new paragraph: 

18 ‘‘(10) LAND MANAGEMENT PLAN.— 

19 ‘‘(A) IN GENERAL.—The term ‘land man20 agement plan’ means— 

21 ‘‘(i) any plan developed by the Sec22 retary of Agriculture under section 6 of 

23 the Forest and Rangeland Renewable Re24 sources Planning Act of 1974 (16 U.S.C. 

25 1604); and 


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1 ‘‘(ii) any plan developed by the Sec2 retary of the Interior under section 202 of 

3 the Federal Land Policy and Management 

4 Act of 1976 (43 U.S.C. 1712). 

5 ‘‘(B) REVISION.—The term ‘revision’ 

6 means any change to a land management plan 

7 which— 

8 ‘‘(i) in the case of a plan described in 

9 subparagraph (A)(i), is made under section 

10 6(f)(5) of the Forest and Rangeland Re11 newable Resources Planning Act of 1974 

12 (16 U.S.C. 1604(f)(5)); or 

13 ‘‘(ii) in the case of a plan described in 

14 subparagraph (A)(ii), is made under sec15 tion 1610.5–6 of title 43, Code of Federal 

16 Regulations (or any successor regulation). 

17 ‘‘(C) AMENDMENT.—The term ‘amend18 ment’ means any change to a land management 

19 plan which— 

20 ‘‘(i) in the case of a plan described in 

21 subparagraph (A)(i), is made under section 

22 6(f)(4) of the Forest and Rangeland Re23 newable Resources Planning Act of 1974 

24 (16 U.S.C. 1604(f)(4)) and with respect to 

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1 pares a statement described in section 

2 102(2)(C) of the National Environmental 

3 Policy Act of 1969 (42 U.S.C. 

4 4332(2)(C)); or 

5 ‘‘(ii) in the case of a plan described in 

6 subparagraph (A)(ii), is made under sec7 tion 1610.5–5 of title 43, Code of Federal 

8 Regulations (or any successor regulation) 

9 and with respect to which the Secretary of 

10 the Interior prepares a statement described 

11 in section 102(2)(C) of the National Envi12 ronmental Policy Act of 1969 (42 U.S.C. 

13 4332(2)(C)).’’. 

14 (f) INCLUSION OF CERTAIN INTERPRETIVE RULES

15 INVOLVING THE INTERNAL REVENUE LAWS.— 

16 (1) IN GENERAL.—Subsection (a) of section 

17 603 of title 5, United States Code, is amended by 

18 striking the period at the end and inserting ‘‘or a 

19 recordkeeping requirement, and without regard to 

20 whether such requirement is imposed by statute or 

21 regulation.’’. 

22 (2) COLLECTION OF INFORMATION.—Paragraph 

23 (7) of section 601 of title 5, United States Code, is 

24 amended to read as follows: 


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1 ‘‘(7) COLLECTION OF INFORMATION.—The term 

2 ‘collection of information’ has the meaning given 

3 such term in section 3502(3) of title 44.’’. 

4 (3) RECORDKEEPING REQUIREMENT.—Para5 graph (8) of section 601 of title 5, United States 

6 Code, is amended to read as follows: 

7 ‘‘(8) RECORDKEEPING REQUIREMENT.—The 

8 term ‘recordkeeping requirement’ has the meaning 

9 given such term in section 3502(13) of title 44.’’. 

10 (g) DEFINITION OF SMALL ORGANIZATION.—Para11 graph (4) of section 601 of title 5, United States Code, 

12 is amended to read as follows: 

13 ‘‘(4) SMALL ORGANIZATION.— 

14 ‘‘(A) IN GENERAL.—The term ‘small orga15 nization’ means any not-for-profit enterprise 

16 which, as of the issuance of the notice of pro17 posed rulemaking— 

18 ‘‘(i) in the case of an enterprise which 

19 is described by a classification code of the 

20 North American Industrial Classification 

21 System, does not exceed the size standard 

22 established by the Administrator of the 

23 Small Business Administration pursuant to 

24 section 3 of the Small Business Act (15 


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1 U.S.C. 632) for small business concerns 

2 described by such classification code; and 

3 ‘‘(ii) in the case of any other enter4 prise, has a net worth that does not exceed 

5 $7,000,000 and has not more than 500 

6 employees. 

7 ‘‘(B) LOCAL LABOR ORGANIZATIONS.—In 

8 the case of any local labor organization, sub9 paragraph (A) shall be applied without regard 

10 to any national or international organization of 

11 which such local labor organization is a part. 

12 ‘‘(C) AGENCY DEFINITIONS.—Subpara13 graphs (A) and (B) shall not apply to the ex14 tent that an agency, after consultation with the 

15 Office of Advocacy of the Small Business Ad16 ministration and after opportunity for public 

17 comment, establishes one or more definitions 

18 for such term which are appropriate to the ac19 tivities of the agency and publishes such defini20 tions in the Federal Register.’’. 

21 SEC. 3. EXPANSION OF REPORT OF REGULATORY AGENDA. 

22 Section 602 of title 5, United States Code, is amend23 ed— 

24 (1) in subsection (a)— 


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1 (A) in paragraph (2), by striking ‘‘, and’’ 

2 at the end and inserting ‘‘;’’; 

3 (B) by redesignating paragraph (3) as 

4 paragraph (4); and 

5 (C) by inserting after paragraph (2) the 

6 following: 

7 ‘‘(3) a brief description of the sector of the 

8 North American Industrial Classification System 

9 that is primarily affected by any rule which the 

10 agency expects to propose or promulgate which is 

11 likely to have a significant economic impact on a 

12 substantial number of small entities; and’’; and 

13 (2) in subsection (c), to read as follows: 

14 ‘‘(c) Each agency shall prominently display a plain 

15 language summary of the information contained in the 

16 regulatory flexibility agenda published under subsection 

17 (a) on its website within 3 days of its publication in the 

18 Federal Register. The Office of Advocacy of the Small 

19 Business Administration shall compile and prominently 

20 display a plain language summary of the regulatory agen21 das referenced in subsection (a) for each agency on its 

22 website within 3 days of their publication in the Federal 

23 Register.’’. 


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1 SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED 

2 ANALYSES. 

3 (a) INITIAL REGULATORY FLEXIBILITY ANALYSIS.— 

4 Subsection (b) of section 603 of title 5, United States 

5 Code, is amended to read as follows: 

6 ‘‘(b) Each initial regulatory flexibility analysis re7 quired under this section shall contain a detailed state8 ment— 

9 ‘‘(1) describing the reasons why action by the 

10 agency is being considered; 

11 ‘‘(2) describing the objectives of, and legal basis 

12 for, the proposed rule; 

13 ‘‘(3) estimating the number and type of small 

14 entities to which the proposed rule will apply; 

15 ‘‘(4) describing the projected reporting, record16 keeping, and other compliance requirements of the 

17 proposed rule, including an estimate of the classes of 

18 small entities which will be subject to the require19 ment and the type of professional skills necessary 

20 for preparation of the report and record; 

21 ‘‘(5) describing all relevant Federal rules which 

22 may duplicate, overlap, or conflict with the proposed 

23 rule, or the reasons why such a description could not 

24 be provided; 

25 ‘‘(6) estimating the additional cumulative eco26 nomic impact of the proposed rule on small entities 


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1 beyond that already imposed on the class of small 

2 entities by the agency or why such an estimate is 

3 not available; and 

4 ‘‘(7) describing any disproportionate economic 

5 impact on small entities or a specific class of small 

6 entities.’’. 

7 (b) FINAL REGULATORY FLEXIBILITY ANALYSIS.— 

8 (1) IN GENERAL.—Section 604(a) of title 5, 

9 United States Code, is amended— 

10 (A) in paragraph (4), by striking ‘‘an ex11 planation’’ and inserting ‘‘a detailed expla12 nation’’; 

13 (B) in each of paragraphs (4), (5), and the 

14 first paragraph (6), by inserting ‘‘detailed’’ be15 fore ‘‘description’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(7) describing any disproportionate economic 

18 impact on small entities or a specific class of small 

19 entities.’’. 

20 (2) INCLUSION OF RESPONSE TO COMMENTS ON

21 CERTIFICATION OF PROPOSED RULE.—Paragraph 

22 (2) of section 604(a) of title 5, United States Code, 

23 is amended by inserting ‘‘(or certification of the pro24 posed rule under section 605(b))’’ after ‘‘initial reg25 ulatory flexibility analysis’’. 


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1 (3) PUBLICATION OF ANALYSIS ON WEBSITE.— 

2 Subsection (b) of section 604 of title 5, United 

3 States Code, is amended to read as follows: 

4 ‘‘(b) The agency shall make copies of the final regu5 latory flexibility analysis available to the public, including 

6 placement of the entire analysis on the agency’s website, 

7 and shall publish in the Federal Register the final regu8 latory flexibility analysis, or a summary thereof which in9 cludes the telephone number, mailing address, and link to 

10 the website where the complete analysis may be ob11 tained.’’. 

12 (c) CROSS-REFERENCES TO OTHER ANALYSES.— 

13 Subsection (a) of section 605 of title 5, United States 

14 Code, is amended to read as follows: 

15 ‘‘(a) A Federal agency shall be treated as satisfying 

16 any requirement regarding the content of an agenda or 

17 regulatory flexibility analysis under section 602, 603, or 

18 604, if such agency provides in such agenda or analysis 

19 a cross-reference to the specific portion of another agenda 

20 or analysis which is required by any other law and which 

21 satisfies such requirement.’’. 

22 (d) CERTIFICATIONS.—Subsection (b) of section 605 

23 of title 5, United States Code, is amended— 

24 (1) by inserting ‘‘detailed’’ before ‘‘statement’’ 

25 the first place it appears; and 


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1 (2) by inserting ‘‘and legal’’ after ‘‘factual’’. 

2 (e) QUANTIFICATION REQUIREMENTS.—Section 607 

3 of title 5, United States Code, is amended to read as fol4 lows: 

5 ‘‘§ 607. Quantification requirements 

6 ‘‘In complying with sections 603 and 604, an agency 

7 shall provide— 

8 ‘‘(1) a quantifiable or numerical description of 

9 the effects of the proposed or final rule and alter10 natives to the proposed or final rule; or 

11 ‘‘(2) a more general descriptive statement and 

12 a detailed statement explaining why quantification is 

13 not practicable or reliable.’’. 

14 SEC. 5. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDI15 TIONAL POWERS OF THE CHIEF COUNSEL 

16 FOR ADVOCACY. 

17 (a) IN GENERAL.—Section 608 is amended to read 

18 as follows: 

19 ‘‘§ 608. Additional powers of Chief Counsel for Advo20 cacy 

21 ‘‘(a)(1) Not later than 270 days after the date of the 

22 enactment of the Regulatory Flexibility Improvements Act 

23 of 2013, the Chief Counsel for Advocacy of the Small 

24 Business Administration shall, after opportunity for notice 

25 and comment under section 553, issue rules governing 


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1 agency compliance with this chapter. The Chief Counsel 

2 may modify or amend such rules after notice and comment 

3 under section 553. This chapter (other than this sub4 section) shall not apply with respect to the issuance, modi5 fication, and amendment of rules under this paragraph. 

6 ‘‘(2) An agency shall not issue rules which supple7 ment the rules issued under subsection (a) unless such 

8 agency has first consulted with the Chief Counsel for Ad9 vocacy to ensure that such supplemental rules comply with 

10 this chapter and the rules issued under paragraph (1). 

11 ‘‘(b) Notwithstanding any other law, the Chief Coun12 sel for Advocacy of the Small Business Administration 

13 may intervene in any agency adjudication (unless such 

14 agency is authorized to impose a fine or penalty under 

15 such adjudication), and may inform the agency of the im16 pact that any decision on the record may have on small 

17 entities. The Chief Counsel shall not initiate an appeal 

18 with respect to any adjudication in which the Chief Coun19 sel intervenes under this subsection. 

20 ‘‘(c) The Chief Counsel for Advocacy may file com21 ments in response to any agency notice requesting com22 ment, regardless of whether the agency is required to file 

23 a general notice of proposed rulemaking under section 

24 553.’’. 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 611(a)(1) of such title is amended 

2 by striking ‘‘608(b),’’. 

3 (2) Section 611(a)(2) of such title is amended 

4 by striking ‘‘608(b),’’. 

5 (3) Section 611(a)(3) of such title is amend6 ed— 

7 (A) by striking subparagraph (B); and 

8 (B) by striking ‘‘(3)(A) A small entity’’ 

9 and inserting the following: 

10 ‘‘(3) A small entity’’. 

11 SEC. 6. PROCEDURES FOR GATHERING COMMENTS. 

12 Section 609 of title 5, United States Code, is amend13 ed by striking subsection (b) and all that follows through 

14 the end of the section and inserting the following: 

15 ‘‘(b)(1) Prior to publication of any proposed rule de16 scribed in subsection (e), an agency making such rule shall 

17 notify the Chief Counsel for Advocacy of the Small Busi18 ness Administration and provide the Chief Counsel with— 

19 ‘‘(A) all materials prepared or utilized by the 

20 agency in making the proposed rule, including the 

21 draft of the proposed rule; and 

22 ‘‘(B) information on the potential adverse and 

23 beneficial economic impacts of the proposed rule on 

24 small entities and the type of small entities that 

25 might be affected. 


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1 ‘‘(2) An agency shall not be required under para2 graph (1) to provide the exact language of any draft if 

3 the rule— 

4 ‘‘(A) relates to the internal revenue laws of the 

5 United States; or 

6 ‘‘(B) is proposed by an independent regulatory 

7 agency (as defined in section 3502(5) of title 44). 

8 ‘‘(c) Not later than 15 days after the receipt of such 

9 materials and information under subsection (b), the Chief 

10 Counsel for Advocacy of the Small Business Administra11 tion shall— 

12 ‘‘(1) identify small entities or representatives of 

13 small entities or a combination of both for the pur14 pose of obtaining advice, input, and recommenda15 tions from those persons about the potential eco16 nomic impacts of the proposed rule and the compli17 ance of the agency with section 603; and 

18 ‘‘(2) convene a review panel consisting of an 

19 employee from the Office of Advocacy of the Small 

20 Business Administration, an employee from the 

21 agency making the rule, and in the case of an agen22 cy other than an independent regulatory agency (as 

23 defined in section 3502(5) of title 44), an employee 

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1 view the materials and information provided to the 

2 Chief Counsel under subsection (b). 

3 ‘‘(d)(1) Not later than 60 days after the review panel 

4 described in subsection (c)(2) is convened, the Chief Coun5 sel for Advocacy of the Small Business Administration 

6 shall, after consultation with the members of such panel, 

7 submit a report to the agency and, in the case of an agen8 cy other than an independent regulatory agency (as de9 fined in section 3502(5) of title 44), the Office of Informa10 tion and Regulatory Affairs of the Office of Management 

11 and Budget. 

12 ‘‘(2) Such report shall include an assessment of the 

13 economic impact of the proposed rule on small entities, 

14 including an assessment of the proposed rule’s impact on 

15 the cost that small entities pay for energy, and a discus16 sion of any alternatives that will minimize adverse signifi17 cant economic impacts or maximize beneficial significant 

18 economic impacts on small entities. 

19 ‘‘(3) Such report shall become part of the rulemaking 

20 record. In the publication of the proposed rule, the agency 

21 shall explain what actions, if any, the agency took in re22 sponse to such report. 

23 ‘‘(e) A proposed rule is described by this subsection 

24 if the Administrator of the Office of Information and Reg25 ulatory Affairs of the Office of Management and Budget, 


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1 the head of the agency (or the delegatee of the head of 

2 the agency), or an independent regulatory agency deter3 mines that the proposed rule is likely to result in— 

4 ‘‘(1) an annual effect on the economy of 

5 $100,000,000 or more; 

6 ‘‘(2) a major increase in costs or prices for con7 sumers, individual industries, Federal, State, or local 

8 governments, tribal organizations, or geographic re9 gions; 

10 ‘‘(3) significant adverse effects on competition, 

11 employment, investment, productivity, innovation, or 

12 on the ability of United States-based enterprises to 

13 compete with foreign-based enterprises in domestic 

14 and export markets; or 

15 ‘‘(4) a significant economic impact on a sub16 stantial number of small entities. 

17 ‘‘(f) Upon application by the agency, the Chief Coun18 sel for Advocacy of the Small Business Administration 

19 may waive the requirements of subsections (b) through (e) 

20 if the Chief Counsel determines that compliance with the 

21 requirements of such subsections are impracticable, un22 necessary, or contrary to the public interest.’’. 

23 SEC. 7. PERIODIC REVIEW OF RULES. 

24 Section 610 of title 5, United States Code, is amend25 ed to read as follows: 


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1 ‘‘§ 610. Periodic review of rules 

2 ‘‘(a) Not later than 180 days after the enactment of 

3 the Regulatory Flexibility Improvements Act of 2013, 

4 each agency shall publish in the Federal Register and 

5 place on its website a plan for the periodic review of rules 

6 issued by the agency which the head of the agency deter7 mines have a significant economic impact on a substantial 

8 number of small entities. Such determination shall be 

9 made without regard to whether the agency performed an 

10 analysis under section 604. The purpose of the review 

11 shall be to determine whether such rules should be contin12 ued without change, or should be amended or rescinded, 

13 consistent with the stated objectives of applicable statutes, 

14 to minimize any adverse significant economic impacts or 

15 maximize any beneficial significant economic impacts on 

16 a substantial number of small entities. Such plan may be 

17 amended by the agency at any time by publishing the revi18 sion in the Federal Register and subsequently placing the 

19 amended plan on the agency’s website. 

20 ‘‘(b) The plan shall provide for the review of all such 

21 agency rules existing on the date of the enactment of the 

22 Regulatory Flexibility Improvements Act of 2013 within 

23 10 years of the date of publication of the plan in the Fed24 eral Register and for review of rules adopted after the date 

25 of enactment of the Regulatory Flexibility Improvements 

26 Act of 2013 within 10 years after the publication of the 


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1 final rule in the Federal Register. If the head of the agen2 cy determines that completion of the review of existing 

3 rules is not feasible by the established date, the head of 

4 the agency shall so certify in a statement published in the 

5 Federal Register and may extend the review for not longer 

6 than 2 years after publication of notice of extension in 

7 the Federal Register. Such certification and notice shall 

8 be sent to the Chief Counsel for Advocacy of the Small 

9 Business Administration and the Congress. 

10 ‘‘(c) The plan shall include a section that details how 

11 an agency will conduct outreach to and meaningfully in12 clude small businesses for the purposes of carrying out 

13 this section. The agency shall include in this section a plan 

14 for how the agency will contact small businesses and gath15 er their input on existing agency rules. 

16 ‘‘(d) Each agency shall annually submit a report re17 garding the results of its review pursuant to such plan 

18 to the Congress, the Chief Counsel for Advocacy of the 

19 Small Business Administration, and, in the case of agen20 cies other than independent regulatory agencies (as de21 fined in section 3502(5) of title 44) to the Administrator 

22 of the Office of Information and Regulatory Affairs of the 

23 Office of Management and Budget. Such report shall in24 clude the identification of any rule with respect to which 

25 the head of the agency made a determination described 


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1 in paragraph (5) or (6) of subsection (e) and a detailed 

2 explanation of the reasons for such determination. 

3 ‘‘(e) In reviewing a rule pursuant to subsections (a) 

4 through (d), the agency shall amend or rescind the rule 

5 to minimize any adverse significant economic impact on 

6 a substantial number of small entities or disproportionate 

7 economic impact on a specific class of small entities, or 

8 maximize any beneficial significant economic impact of the 

9 rule on a substantial number of small entities to the great10 est extent possible, consistent with the stated objectives 

11 of applicable statutes. In amending or rescinding the rule, 

12 the agency shall consider the following factors: 

13 ‘‘(1) The continued need for the rule. 

14 ‘‘(2) The nature of complaints received by the 

15 agency from small entities concerning the rule. 

16 ‘‘(3) Comments by the Regulatory Enforcement 

17 Ombudsman and the Chief Counsel for Advocacy of 

18 the Small Business Administration. 

19 ‘‘(4) The complexity of the rule. 

20 ‘‘(5) The extent to which the rule overlaps, du21 plicates, or conflicts with other Federal rules and, 

22 unless the head of the agency determines it to be in23 feasible, State, territorial, and local rules. 

24 ‘‘(6) The contribution of the rule to the cumu25 lative economic impact of all Federal rules on the 


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1 class of small entities affected by the rule, unless the 

2 head of the agency determines that such calculations 

3 cannot be made and reports that determination in 

4 the annual report required under subsection (d). 

5 ‘‘(7) The length of time since the rule has been 

6 evaluated or the degree to which technology, eco7 nomic conditions, or other factors have changed in 

8 the area affected by the rule. 

9 ‘‘(f) The agency shall publish in the Federal Register 

10 and on its website a list of rules to be reviewed pursuant 

11 to such plan. Such publication shall include a brief de12 scription of the rule, the reason why the agency deter13 mined that it has a significant economic impact on a sub14 stantial number of small entities (without regard to wheth15 er it had prepared a final regulatory flexibility analysis 

16 for the rule), and request comments from the public, the 

17 Chief Counsel for Advocacy of the Small Business Admin18 istration, and the Regulatory Enforcement Ombudsman 

19 concerning the enforcement of the rule.’’. 


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1 SEC. 8. JUDICIAL REVIEW OF COMPLIANCE WITH THE RE2 QUIREMENTS OF THE REGULATORY FLEXI3 BILITY ACT AVAILABLE AFTER PUBLICATION 

4 OF THE FINAL RULE. 

5 (a) IN GENERAL.—Paragraph (1) of section 611(a) 

6 of title 5, United States Code, is amended by striking 

7 ‘‘final agency action’’ and inserting ‘‘such rule’’. 

8 (b) JURISDICTION.—Paragraph (2) of such section is 

9 amended by inserting ‘‘(or which would have such jurisdic10 tion if publication of the final rule constituted final agency 

11 action)’’ after ‘‘provision of law,’’. 

12 (c) TIME FOR BRINGING ACTION.—Paragraph (3) of 

13 such section is amended— 

14 (1) by striking ‘‘final agency action’’ and insert15 ing ‘‘publication of the final rule’’; and 

16 (2) by inserting ‘‘, in the case of a rule for 

17 which the date of final agency action is the same 

18 date as the publication of the final rule,’’ after ‘‘ex19 cept that’’. 

20 (d) INTERVENTION BY CHIEF COUNSEL FOR ADVO21 CACY.—Subsection (b) of section 612 of title 5, United 

22 States Code, is amended by inserting before the first pe23 riod ‘‘or agency compliance with section 601, 603, 604, 

24 605(b), 609, or 610’’. 


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1 SEC. 9. JURISDICTION OF COURT OF APPEALS OVER RULES 

2 IMPLEMENTING THE REGULATORY FLEXI3 BILITY ACT. 

4 (a) IN GENERAL.—Section 2342 of title 28, United 

5 States Code, is amended— 

6 (1) in paragraph (6), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (7), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by inserting after paragraph (7) the fol11 lowing new paragraph: 

12 ‘‘(8) all final rules under section 608(a) of title 

13 5.’’. 

14 (b) CONFORMING AMENDMENTS.—Paragraph (3) of 

15 section 2341 of title 28, United States Code, is amended— 

16 (1) in subparagraph (D), by striking ‘‘and’’ at 

17 the end; 

18 (2) in subparagraph (E), by striking the period 

19 at the end and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following new sub21 paragraph: 

22 ‘‘(F) the Office of Advocacy of the Small 

23 Business Administration, when the final rule is 

24 under section 608(a) of title 5.’’. 

25 (c) AUTHORIZATION TO INTERVENE AND COMMENT

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1 DURE.—Subsection (b) of section 612 of title 5, United 

2 States Code, is amended by inserting ‘‘chapter 5, and 

3 chapter 7,’’ after ‘‘this chapter,’’. 

4 SEC. 10. ESTABLISHMENT AND APPROVAL OF SMALL BUSI5 NESS CONCERN SIZE STANDARDS BY CHIEF 

6 COUNSEL FOR ADVOCACY. 

7 (a) IN GENERAL.—Subparagraph (A) of section 

8 3(a)(2) of the Small Business Act (15 U.S.C. 

9 632(a)(2)(A)) is amended to read as follows: 

10 ‘‘(A) IN GENERAL.—In addition to the cri11 teria specified in paragraph (1)— 

12 ‘‘(i) the Administrator may specify de13 tailed definitions or standards by which a 

14 business concern may be determined to be 

15 a small business concern for purposes of 

16 this Act or the Small Business Investment 

17 Act of 1958; and 

18 ‘‘(ii) the Chief Counsel for Advocacy 

19 may specify such definitions or standards 

20 for purposes of any other Act.’’. 

21 (b) APPROVAL BY CHIEF COUNSEL.—Clause (iii) of 

22 section 3(a)(2)(C) of the Small Business Act (15 U.S.C. 

23 632(a)(2)(C)(iii)) is amended to read as follows: 

24 ‘‘(iii) except in the case of a size 

25 standard prescribed by the Administrator, 


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1 is approved by the Chief Counsel for Advo2 cacy.’’. 

3 (c) INDUSTRY VARIATION.—Paragraph (3) of section 

4 3(a) of the Small Business Act (15 U.S.C. 632(a)(3)) is 

5 amended— 

6 (1) by inserting ‘‘or Chief Counsel for Advo7 cacy, as appropriate’’ before ‘‘shall ensure’’; and 

8 (2) by inserting ‘‘or Chief Counsel for Advo9 cacy’’ before the period at the end. 

10 (d) JUDICIAL REVIEW OF SIZE STANDARDS AP11 PROVED BY CHIEF COUNSEL.—Section 3(a) of the Small 

12 Business Act (15 U.S.C. 632(a)) is amended by adding 

13 at the end the following new paragraph: 

14 ‘‘(6) (9) JUDICIAL REVIEW OF STANDARDS AP15 PROVED BY CHIEF COUNSEL.—In the case of an ac16 tion for judicial review of a rule which includes a 

17 definition or standard approved by the Chief Counsel 

18 for Advocacy under this subsection, the party seek19 ing such review shall be entitled to join the Chief 

20 Counsel as a party in such action.’’. 

21 SEC. 11. CLERICAL AMENDMENTS. 

22 (a) Section 601 of title 5, United States Code, is 

23 amended— 

24 (1) in paragraph (1)— 


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1 (A) by striking the semicolon at the end 

2 and inserting a period; and 

3 (B) by striking ‘‘(1) the term’’ and insert4 ing the following: 

5 ‘‘(1) AGENCY.—The term’’; 

6 (2) in paragraph (3)— 

7 (A) by striking the semicolon at the end 

8 and inserting a period; and 

9 (B) by striking ‘‘(3) the term’’ and insert10 ing the following: 

11 ‘‘(3) SMALL BUSINESS.—The term’’; 

12 (3) in paragraph (5)— 

13 (A) by striking the semicolon at the end 

14 and inserting a period; and 

15 (B) by striking ‘‘(5) the term’’ and insert16 ing the following: 

17 ‘‘(5) SMALL GOVERNMENTAL JURISDICTION.— 

18 The term’’; and 

19 (4) in paragraph (6)— 

20 (A) by striking ‘‘; and’’ and inserting a pe21 riod; and 

22 (B) by striking ‘‘(6) the term’’ and insert23 ing the following: 

24 ‘‘(6) SMALL ENTITY.—The term’’. 


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1 (b) The heading of section 605 of title 5, United 

2 States Code, is amended to read as follows: 

3 ‘‘§ 605. Incorporations by reference and certifi4 cations’’. 

5 (c) The table of sections for chapter 6 of title 5, 

6 United States Code, is amended— 

7 (1) by striking the item relating to section 605 

8 and inserting the following new item: 

‘‘605. Incorporations by reference and certifications.’’; 

9 (2) by striking the item relating to section 607 

10 and inserting the following new item: 

‘‘607. Quantification requirements.’’; 

11 and 

12 (3) by striking the item relating to section 608 

13 and inserting the following: 

‘‘608. Additional powers of Chief Counsel for Advocacy.’’. 

14 (d) Chapter 6 of title 5, United States Code, is 

15 amended as follows: 

16 (1) In section 603, by striking subsection (d). 

17 (2) In section 604(a) by striking the second 

18 paragraph (6). 

19 SEC. 12. AGENCY PREPARATION OF GUIDES. 

20 Section 212(a)(5) the Small Business Regulatory En21 forcement Fairness Act of 1996 (5 U.S.C. 601 note) is 

22 amended to read as follows: 


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1 ‘‘(5) AGENCY PREPARATION OF GUIDES.—The 

2 agency shall, in its sole discretion, taking into ac3 count the subject matter of the rule and the lan4 guage of relevant statutes, ensure that the guide is 

5 written using sufficiently plain language likely to be 

6 understood by affected small entities. Agencies may 

7 prepare separate guides covering groups or classes of 

8 similarly affected small entities and may cooperate 

9 with associations of small entities to distribute such 

10 guides. In developing guides, agencies shall solicit 

11 input from affected small entities or associations of 

12 affected small entities. An agency may prepare 

13 guides and apply this section with respect to a rule 

14 or a group of related rules.’’. 

15 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

16 (a) SHORT TITLE.—This Act may be cited as 

17 the ‘‘Regulatory Flexibility Improvements Act 

18 of 2013’’. 

19 (b) TABLE OF CONTENTS.—The table of con20 tents of this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Clarification and expansion of rules covered by the 

Regulatory Flexibility Act. 

Sec. 3. Expansion of report of regulatory agenda. 

Sec. 4. Requirements providing for more detailed analyses. 

Sec. 5. Repeal of waiver and delay authority; additional powers of the Chief Counsel for Advocacy. 

Sec. 6. Procedures for gathering comments. 

Sec. 7. Periodic review of rules. 

Sec. 8. Judicial review of compliance with the requirements of 

the Regulatory Flexibility Act available after publication of the final rule. 


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Sec. 9. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act. 

Sec. 10. Establishment and approval of small business concern 

size standards by Chief Counsel for Advocacy. 

Sec. 11. Clerical amendments. 

Sec. 12. Agency preparation of guides. 

Sec. 13. GAO report. 

1 SEC. 2. CLARIFICATION AND EXPANSION OF RULES COV2 ERED BY THE REGULATORY FLEXIBILITY 

3 ACT. 

4 (a) IN GENERAL.—Paragraph (2) of section 

5 601 of title 5, United States Code, is amended 

6 to read as follows: 

7 ‘‘(2) RULE.—The term ‘rule’ has the 

8 meaning given such term in section 

9 551(4) of this title, except that such term 

10 does not include a rule pertaining to the 

11 protection of the rights of and benefits 

12 for veterans or a rule of particular (and 

13 not general) applicability relating to 

14 rates, wages, corporate or financial struc15 tures or reorganizations thereof, prices, 

16 facilities, appliances, services, or allow17 ances therefor or to valuations, costs or 

18 accounting, or practices relating to such 

19 rates, wages, structures, prices, appli20 ances, services, or allowances.’’. 

21 (b) INCLUSION OF RULES WITH INDIRECT EF22 FECTS.—Section 601 of title 5, United States 


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1 Code, is amended by adding at the end the fol2 lowing new paragraph: 

3 ‘‘(9) ECONOMIC IMPACT.—The term ‘eco4 nomic impact’ means, with respect to a 

5 proposed or final rule— 

6 ‘‘(A) any direct economic effect on 

7 small entities of such rule; and 

8 ‘‘(B) any indirect economic effect 

9 (including compliance costs and ef10 fects on revenue) on small entities 

11 which is reasonably foreseeable and 

12 results from such rule (without re13 gard to whether small entities will be 

14 directly regulated by the rule).’’. 

15 (c) INCLUSION OF RULES WITH BENEFICIAL

16 EFFECTS.— 

17 (1) INITIAL REGULATORY FLEXIBILITY

18 ANALYSIS.—Subsection (c) of section 603 of 

19 title 5, United States Code, is amended by 

20 striking the first sentence and inserting 

21 ‘‘Each initial regulatory flexibility anal22 ysis shall also contain a detailed descrip23 tion of alternatives to the proposed rule 

24 which minimize any adverse significant 

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1 ficial significant economic impact on 

2 small entities.’’. 

3 (2) FINAL REGULATORY FLEXIBILITY

4 ANALYSIS.—The first paragraph (6) of sec5 tion 604(a) of title 5, United States Code, 

6 is amended by striking ‘‘minimize the sig7 nificant economic impact’’ and inserting 

8 ‘‘minimize the adverse significant eco9 nomic impact or maximize the beneficial 

10 significant economic impact’’. 

11 (d) INCLUSION OF RULES AFFECTING TRIBAL

12 ORGANIZATIONS.—Paragraph (5) of section 601 

13 of title 5, United States Code, is amended by 

14 inserting ‘‘and tribal organizations (as de15 fined in section 4(l) of the Indian Self-Deter16 mination and Education Assistance Act (25 

17 U.S.C. 450b(l))),’’ after ‘‘special districts,’’. 

18 (e) INCLUSION OF LAND MANAGEMENT PLANS

19 AND FORMAL RULEMAKING.— 

20 (1) INITIAL REGULATORY FLEXIBILITY

21 ANALYSIS.—Subsection (a) of section 603 of 

22 title 5, United States Code, is amended in 

23 the first sentence— 

24 (A) by striking ‘‘or’’ after ‘‘pro25 posed rule,’’; and 


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1 (B) by inserting ‘‘or publishes a 

2 revision or amendment to a land 

3 management plan,’’ after ‘‘United 

4 States,’’. 

5 (2) FINAL REGULATORY FLEXIBILITY

6 ANALYSIS.—Subsection (a) of section 604 of 

7 title 5, United States Code, is amended in 

8 the first sentence— 

9 (A) by striking ‘‘or’’ after ‘‘pro10 posed rulemaking,’’; and 

11 (B) by inserting ‘‘or adopts a revi12 sion or amendment to a land manage13 ment plan,’’ after ‘‘section 603(a),’’. 

14 (3) LAND MANAGEMENT PLAN DEFINED.— 

15 Section 601 of title 5, United States Code, 

16 is amended by adding at the end the fol17 lowing new paragraph: 

18 ‘‘(10) LAND MANAGEMENT PLAN.— 

19 ‘‘(A) IN GENERAL.—The term ‘land 

20 management plan’ means— 

21 ‘‘(i) any plan developed by the 

22 Secretary of Agriculture under 

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1 ning Act of 1974 (16 U.S.C. 1604); 

2 and 

3 ‘‘(ii) any plan developed by 

4 the Secretary of the Interior 

5 under section 202 of the Federal 

6 Land Policy and Management Act 

7 of 1976 (43 U.S.C. 1712). 

8 ‘‘(B) REVISION.—The term ‘revi9 sion’ means any change to a land 

10 management plan which— 

11 ‘‘(i) in the case of a plan de12 scribed in subparagraph (A)(i), is 

13 made under section 6(f)(5) of the 

14 Forest and Rangeland Renewable 

15 Resources Planning Act of 1974 

16 (16 U.S.C. 1604(f)(5)); or 

17 ‘‘(ii) in the case of a plan de18 scribed in subparagraph (A)(ii), is 

19 made under section 1610.5–6 of 

20 title 43, Code of Federal Regula21 tions (or any successor regula22 tion). 

23 ‘‘(C) AMENDMENT.—The term 

24 ‘amendment’ means any change to a 

25 land management plan which— 


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1 ‘‘(i) in the case of a plan de2 scribed in subparagraph (A)(i), is 

3 made under section 6(f)(4) of the 

4 Forest and Rangeland Renewable 

5 Resources Planning Act of 1974 

6 (16 U.S.C. 1604(f)(4)) and with re7 spect to which the Secretary of 

8 Agriculture prepares a statement 

9 described in section 102(2)(C) of 

10 the National Environmental Pol11 icy Act of 1969 (42 U.S.C. 

12 4332(2)(C)); or 

13 ‘‘(ii) in the case of a plan de14 scribed in subparagraph (A)(ii), is 

15 made under section 1610.5–5 of 

16 title 43, Code of Federal Regula17 tions (or any successor regula18 tion) and with respect to which 

19 the Secretary of the Interior pre20 pares a statement described in 

21 section 102(2)(C) of the National 

22 Environmental Policy Act of 1969 

23 (42 U.S.C. 4332(2)(C)).’’. 


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1 (f) INCLUSION OF CERTAIN INTERPRETIVE

2 RULES INVOLVING THE INTERNAL REVENUE

3 LAWS.— 

4 (1) IN GENERAL.—Subsection (a) of sec5 tion 603 of title 5, United States Code, is 

6 amended by striking the period at the 

7 end and inserting ‘‘or a recordkeeping re8 quirement, and without regard to wheth9 er such requirement is imposed by stat10 ute or regulation.’’. 

11 (2) COLLECTION OF INFORMATION.— 

12 Paragraph (7) of section 601 of title 5, 

13 United States Code, is amended to read 

14 as follows: 

15 ‘‘(7) COLLECTION OF INFORMATION.—The 

16 term ‘collection of information’ has the 

17 meaning given such term in section 

18 3502(3) of title 44.’’. 

19 (3) RECORDKEEPING REQUIREMENT.— 

20 Paragraph (8) of section 601 of title 5, 

21 United States Code, is amended to read 

22 as follows: 

23 ‘‘(8) RECORDKEEPING REQUIREMENT.— 

24 The term ‘recordkeeping requirement’ 


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1 has the meaning given such term in sec2 tion 3502(13) of title 44.’’. 

3 (g) DEFINITION OF SMALL ORGANIZATION.— 

4 Paragraph (4) of section 601 of title 5, United 

5 States Code, is amended to read as follows: 

6 ‘‘(4) SMALL ORGANIZATION.— 

7 ‘‘(A) IN GENERAL.—The term ‘small 

8 organization’ means any not-for-prof9 it enterprise which, as of the issuance 

10 of the notice of proposed rule11 making— 

12 ‘‘(i) in the case of an enter13 prise which is described by a clas14 sification code of the North Amer15 ican Industrial Classification Sys16 tem, does not exceed the size 

17 standard established by the Ad18 ministrator of the Small Business 

19 Administration pursuant to sec20 tion 3 of the Small Business Act 

21 (15 U.S.C. 632) for small business 

22 concerns described by such classi23 fication code; and 

24 ‘‘(ii) in the case of any other 

25 enterprise, has a net worth that 


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1 does not exceed $7,000,000 and 

2 has not more than 500 employees. 

3 ‘‘(B) LOCAL LABOR ORGANIZA4 TIONS.—In the case of any local labor 

5 organization, subparagraph (A) shall 

6 be applied without regard to any na7 tional or international organization 

8 of which such local labor organiza9 tion is a part. 

10 ‘‘(C) AGENCY DEFINITIONS.—Sub11 paragraphs (A) and (B) shall not 

12 apply to the extent that an agency, 

13 after consultation with the Office of 

14 Advocacy of the Small Business Ad15 ministration and after opportunity 

16 for public comment, establishes one 

17 or more definitions for such term 

18 which are appropriate to the activi19 ties of the agency and publishes such 

20 definitions in the Federal Register.’’. 

21 SEC. 3. EXPANSION OF REPORT OF REGULATORY AGENDA. 

22 Section 602 of title 5, United States Code, 

23 is amended— 

24 (1) in subsection (a)— 


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1 (A) in paragraph (2), by striking ‘‘, 

2 and’’ at the end and inserting ‘‘;’’; 

3 (B) by redesignating paragraph 

4 (3) as paragraph (4); and 

5 (C) by inserting after paragraph 

6 (2) the following: 

7 ‘‘(3) a brief description of the sector 

8 of the North American Industrial Classi9 fication System that is primarily affected 

10 by any rule which the agency expects to 

11 propose or promulgate which is likely to 

12 have a significant economic impact on a 

13 substantial number of small entities; 

14 and’’; and 

15 (2) in subsection (c), to read as fol16 lows: 

17 ‘‘(c) Each agency shall prominently dis18 play a plain language summary of the infor19 mation contained in the regulatory flexibility 

20 agenda published under subsection (a) on its 

21 website within 3 days of its publication in the 

22 Federal Register. The Office of Advocacy of 

23 the Small Business Administration shall com24 pile and prominently display a plain language 

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1 erenced in subsection (a) for each agency on 

2 its website within 3 days of their publication 

3 in the Federal Register.’’. 

4 SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED 

5 ANALYSES. 

6 (a) INITIAL REGULATORY FLEXIBILITY ANAL7 YSIS.—Subsection (b) of section 603 of title 5, 

8 United States Code, is amended to read as fol9 lows: 

10 ‘‘(b) Each initial regulatory flexibility 

11 analysis required under this section shall con12 tain a detailed statement— 

13 ‘‘(1) describing the reasons why ac14 tion by the agency is being considered; 

15 ‘‘(2) describing the objectives of, and 

16 legal basis for, the proposed rule; 

17 ‘‘(3) estimating the number and type 

18 of small entities to which the proposed 

19 rule will apply; 

20 ‘‘(4) describing the projected report21 ing, recordkeeping, and other compliance 

22 requirements of the proposed rule, in23 cluding an estimate of the classes of 

24 small entities which will be subject to the 

25 requirement and the type of professional 


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1 skills necessary for preparation of the re2 port and record; 

3 ‘‘(5) describing all relevant Federal 

4 rules which may duplicate, overlap, or 

5 conflict with the proposed rule, or the 

6 reasons why such a description could not 

7 be provided; 

8 ‘‘(6) estimating the additional cumu9 lative economic impact of the proposed 

10 rule on small entities beyond that already 

11 imposed on the class of small entities by 

12 the agency or why such an estimate is 

13 not available; and 

14 ‘‘(7) describing any disproportionate 

15 economic impact on small entities or a 

16 specific class of small entities.’’. 

17 (b) FINAL REGULATORY FLEXIBILITY ANAL18 YSIS.— 

19 (1) IN GENERAL.—Section 604(a) of title 

20 5, United States Code, is amended— 

21 (A) in paragraph (4), by striking 

22 ‘‘an explanation’’ and inserting ‘‘a de23 tailed explanation’’; 

24 (B) in each of paragraphs (4), (5), 

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1 ing ‘‘detailed’’ before ‘‘description’’; 

2 and 

3 (C) by adding at the end the fol4 lowing: 

5 ‘‘(7) describing any disproportionate 

6 economic impact on small entities or a 

7 specific class of small entities.’’. 

8 (2) INCLUSION OF RESPONSE TO COM9 MENTS ON CERTIFICATION OF PROPOSED

10 RULE.—Paragraph (2) of section 604(a) of 

11 title 5, United States Code, is amended by 

12 inserting ‘‘(or certification of the pro13 posed rule under section 605(b))’’ after 

14 ‘‘initial regulatory flexibility analysis’’. 

15 (3) PUBLICATION OF ANALYSIS ON

16 WEBSITE.—Subsection (b) of section 604 of 

17 title 5, United States Code, is amended to 

18 read as follows: 

19 ‘‘(b) The agency shall make copies of the 

20 final regulatory flexibility analysis available 

21 to the public, including placement of the en22 tire analysis on the agency’s website, and 

23 shall publish in the Federal Register the final 

24 regulatory flexibility analysis, or a summary 

25 thereof which includes the telephone number, 


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1 mailing address, and link to the website 

2 where the complete analysis may be ob3 tained.’’. 

4 (c) CROSS-REFERENCES TO OTHER ANAL5 YSES.—Subsection (a) of section 605 of title 5, 

6 United States Code, is amended to read as fol7 lows: 

8 ‘‘(a) A Federal agency shall be treated as 

9 satisfying any requirement regarding the con10 tent of an agenda or regulatory flexibility 

11 analysis under section 602, 603, or 604, if such 

12 agency provides in such agenda or analysis a 

13 cross-reference to the specific portion of an14 other agenda or analysis which is required by 

15 any other law and which satisfies such re16 quirement.’’. 

17 (d) CERTIFICATIONS.—Subsection (b) of sec18 tion 605 of title 5, United States Code, is 

19 amended— 

20 (1) by inserting ‘‘detailed’’ before 

21 ‘‘statement’’ the first place it appears; and 

22 (2) by inserting ‘‘and legal’’ after ‘‘fac23 tual’’. 


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1 (e) QUANTIFICATION REQUIREMENTS.—Sec2 tion 607 of title 5, United States Code, is 

3 amended to read as follows: 

4 ‘‘§ 607. Quantification requirements 

5 ‘‘In complying with sections 603 and 604, 

6 an agency shall provide— 

7 ‘‘(1) a quantifiable or numerical de8 scription of the effects of the proposed or 

9 final rule and alternatives to the pro10 posed or final rule; or 

11 ‘‘(2) a more general descriptive state12 ment and a detailed statement explaining 

13 why quantification is not practicable or 

14 reliable.’’. 

15 SEC. 5. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDI16 TIONAL POWERS OF THE CHIEF COUNSEL 

17 FOR ADVOCACY. 

18 (a) IN GENERAL.—Section 608 is amended 

19 to read as follows: 

20 ‘‘§ 608. Additional powers of Chief Counsel for Advo21 cacy 

22 ‘‘(a)(1) Not later than 270 days after the 

23 date of the enactment of the Regulatory Flexi24 bility Improvements Act of 2013, the Chief 

25 Counsel for Advocacy of the Small Business 


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1 Administration shall, after opportunity for 

2 notice and comment under section 553, issue 

3 rules governing agency compliance with this 

4 chapter. The Chief Counsel may modify or 

5 amend such rules after notice and comment 

6 under section 553. This chapter (other than 

7 this subsection) shall not apply with respect 

8 to the issuance, modification, and amendment 

9 of rules under this paragraph. 

10 ‘‘(2) An agency shall not issue rules which 

11 supplement the rules issued under subsection 

12 (a) unless such agency has first consulted 

13 with the Chief Counsel for Advocacy to en14 sure that such supplemental rules comply 

15 with this chapter and the rules issued under 

16 paragraph (1). 

17 ‘‘(b) Notwithstanding any other law, the 

18 Chief Counsel for Advocacy of the Small Busi19 ness Administration may intervene in any 

20 agency adjudication (unless such agency is 

21 authorized to impose a fine or penalty under 

22 such adjudication), and may inform the agen23 cy of the impact that any decision on the 

24 record may have on small entities. The Chief 

25 Counsel shall not initiate an appeal with reVerDate Mar 15 2010 22:34 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6202 E:\BILLS\H2542.RH H2542

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1 spect to any adjudication in which the Chief 

2 Counsel intervenes under this subsection. 

3 ‘‘(c) The Chief Counsel for Advocacy may 

4 file comments in response to any agency no5 tice requesting comment, regardless of wheth6 er the agency is required to file a general no7 tice of proposed rulemaking under section 

8 553.’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) Section 611(a)(1) of such title is 

11 amended by striking ‘‘608(b),’’. 

12 (2) Section 611(a)(2) of such title is 

13 amended by striking ‘‘608(b),’’. 

14 (3) Section 611(a)(3) of such title is 

15 amended— 

16 (A) by striking subparagraph (B); 

17 and 

18 (B) by striking ‘‘(3)(A) A small en19 tity’’ and inserting the following: 

20 ‘‘(3) A small entity’’. 

21 SEC. 6. PROCEDURES FOR GATHERING COMMENTS. 

22 Section 609 of title 5, United States Code, 

23 is amended by striking subsection (b) and all 

24 that follows through the end of the section 

25 and inserting the following: 


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1 ‘‘(b)(1) Prior to publication of any pro2 posed rule described in subsection (e), an 

3 agency making such rule shall notify the 

4 Chief Counsel for Advocacy of the Small Busi5 ness Administration and provide the Chief 

6 Counsel with— 

7 ‘‘(A) all materials prepared or utilized 

8 by the agency in making the proposed 

9 rule, including the draft of the proposed 

10 rule; and 

11 ‘‘(B) information on the potential ad12 verse and beneficial economic impacts of 

13 the proposed rule on small entities and 

14 the type of small entities that might be 

15 affected. 

16 ‘‘(2) An agency shall not be required under 

17 paragraph (1) to provide the exact language 

18 of any draft if the rule— 

19 ‘‘(A) relates to the internal revenue 

20 laws of the United States; or 

21 ‘‘(B) is proposed by an independent 

22 regulatory agency (as defined in section 

23 3502(5) of title 44). 

24 ‘‘(c) Not later than 15 days after the re25 ceipt of such materials and information under 


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1 subsection (b), the Chief Counsel for Advo2 cacy of the Small Business Administration 

3 shall— 

4 ‘‘(1) identify small entities or rep5 resentatives of small entities or a com6 bination of both for the purpose of ob7 taining advice, input, and recommenda8 tions from those persons about the poten9 tial economic impacts of the proposed 

10 rule and the compliance of the agency 

11 with section 603; and 

12 ‘‘(2) convene a review panel con13 sisting of an employee from the Office of 

14 Advocacy of the Small Business Adminis15 tration, an employee from the agency 

16 making the rule, and in the case of an 

17 agency other than an independent regu18 latory agency (as defined in section 

19 3502(5) of title 44), an employee from the 

20 Office of Information and Regulatory Af21 fairs of the Office of Management and 

22 Budget to review the materials and infor23 mation provided to the Chief Counsel 

24 under subsection (b). 


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1 ‘‘(d)(1) Not later than 60 days after the re2 view panel described in subsection (c)(2) is 

3 convened, the Chief Counsel for Advocacy of 

4 the Small Business Administration shall, after 

5 consultation with the members of such panel, 

6 submit a report to the agency and, in the case 

7 of an agency other than an independent regu8 latory agency (as defined in section 3502(5) of 

9 title 44), the Office of Information and Regu10 latory Affairs of the Office of Management 

11 and Budget. 

12 ‘‘(2) Such report shall include an assess13 ment of the economic impact of the proposed 

14 rule on small entities, including an assess15 ment of the proposed rule’s impact on the cost 

16 that small entities pay for energy, an assess17 ment of the proposed rule’s impact on start18 up costs for small entities, and a discussion of 

19 any alternatives that will minimize adverse 

20 significant economic impacts or maximize 

21 beneficial significant economic impacts on 

22 small entities. 

23 ‘‘(3) Such report shall become part of the 

24 rulemaking record. In the publication of the 

25 proposed rule, the agency shall explain what 


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1 actions, if any, the agency took in response to 

2 such report. 

3 ‘‘(e) A proposed rule is described by this 

4 subsection if the Administrator of the Office 

5 of Information and Regulatory Affairs of the 

6 Office of Management and Budget, the head of 

7 the agency (or the delegatee of the head of the 

8 agency), or an independent regulatory agency 

9 determines that the proposed rule is likely to 

10 result in— 

11 ‘‘(1) an annual effect on the economy 

12 of $100,000,000 or more; 

13 ‘‘(2) a major increase in costs or 

14 prices for consumers, individual indus15 tries, Federal, State, or local govern16 ments, tribal organizations, or geo17 graphic regions; 

18 ‘‘(3) significant adverse effects on 

19 competition, employment, investment, 

20 productivity, innovation, or on the ability 

21 of United States-based enterprises to 

22 compete with foreign-based enterprises 

23 in domestic and export markets; or 

24 ‘‘(4) a significant economic impact on 

25 a substantial number of small entities. 


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1 ‘‘(f) Upon application by the agency, the 

2 Chief Counsel for Advocacy of the Small Busi3 ness Administration may waive the require4 ments of subsections (b) through (e) if the 

5 Chief Counsel determines that compliance 

6 with the requirements of such subsections are 

7 impracticable, unnecessary, or contrary to 

8 the public interest. 

9 ‘‘(g) A small entity or a representative of 

10 a small entity may submit a request that the 

11 agency provide a copy of the report prepared 

12 under subsection (d) and all materials and in13 formation provided to the Chief Counsel for 

14 Advocacy of the Small Business Administra15 tion under subsection (b). The agency receiv16 ing such request shall provide the report, ma17 terials and information to the requesting 

18 small entity or representative of a small enti19 ty not later than 10 business days after receiv20 ing such request, except that the agency shall 

21 not disclose any information that is prohib22 ited from disclosure to the public pursuant to 

23 section 552(b) of this title.’’. 


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1 SEC. 7. PERIODIC REVIEW OF RULES. 

2 Section 610 of title 5, United States Code, 

3 is amended to read as follows: 

4 ‘‘§ 610. Periodic review of rules 

5 ‘‘(a) Not later than 180 days after the en6 actment of the Regulatory Flexibility Im7 provements Act of 2013, each agency shall 

8 publish in the Federal Register and place on 

9 its website a plan for the periodic review of 

10 rules issued by the agency which the head of 

11 the agency determines have a significant eco12 nomic impact on a substantial number of 

13 small entities. Such determination shall be 

14 made without regard to whether the agency 

15 performed an analysis under section 604. The 

16 purpose of the review shall be to determine 

17 whether such rules should be continued with18 out change, or should be amended or re19 scinded, consistent with the stated objectives 

20 of applicable statutes, to minimize any ad21 verse significant economic impacts or maxi22 mize any beneficial significant economic im23 pacts on a substantial number of small enti24 ties. Such plan may be amended by the agency 

25 at any time by publishing the revision in the 


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1 Federal Register and subsequently placing 

2 the amended plan on the agency’s website. 

3 ‘‘(b) The plan shall provide for the review 

4 of all such agency rules existing on the date 

5 of the enactment of the Regulatory Flexibility 

6 Improvements Act of 2013 within 10 years of 

7 the date of publication of the plan in the Fed8 eral Register and for review of rules adopted 

9 after the date of enactment of the Regulatory 

10 Flexibility Improvements Act of 2013 within 

11 10 years after the publication of the final rule 

12 in the Federal Register. If the head of the 

13 agency determines that completion of the re14 view of existing rules is not feasible by the es15 tablished date, the head of the agency shall so 

16 certify in a statement published in the Fed17 eral Register and may extend the review for 

18 not longer than 2 years after publication of 

19 notice of extension in the Federal Register. 

20 Such certification and notice shall be sent to 

21 the Chief Counsel for Advocacy of the Small 

22 Business Administration and the Congress. 

23 ‘‘(c) The plan shall include a section that 

24 details how an agency will conduct outreach 

25 to and meaningfully include small businesses 


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1 (including small business concerns owned 

2 and controlled by women, small business con3 cerns owned and controlled by veterans, and 

4 small business concerns owned and con5 trolled by socially and economically disadvan6 taged individuals (as such terms are defined 

7 in the Small Business Act)) for the purposes 

8 of carrying out this section. The agency shall 

9 include in this section a plan for how the 

10 agency will contact small businesses and 

11 gather their input on existing agency rules. 

12 ‘‘(d) Each agency shall annually submit a 

13 report regarding the results of its review pur14 suant to such plan to the Congress, the Chief 

15 Counsel for Advocacy of the Small Business 

16 Administration, and, in the case of agencies 

17 other than independent regulatory agencies 

18 (as defined in section 3502(5) of title 44) to the 

19 Administrator of the Office of Information 

20 and Regulatory Affairs of the Office of Man21 agement and Budget. Such report shall in22 clude the identification of any rule with re23 spect to which the head of the agency made 

24 a determination described in paragraph (5) or 


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1 (6) of subsection (e) and a detailed expla2 nation of the reasons for such determination. 

3 ‘‘(e) In reviewing a rule pursuant to sub4 sections (a) through (d), the agency shall 

5 amend or rescind the rule to minimize any ad6 verse significant economic impact on a sub7 stantial number of small entities or dispropor8 tionate economic impact on a specific class of 

9 small entities, or maximize any beneficial sig10 nificant economic impact of the rule on a sub11 stantial number of small entities to the great12 est extent possible, consistent with the stated 

13 objectives of applicable statutes. In amending 

14 or rescinding the rule, the agency shall con15 sider the following factors: 

16 ‘‘(1) The continued need for the rule. 

17 ‘‘(2) The nature of complaints re18 ceived by the agency from small entities 

19 concerning the rule. 

20 ‘‘(3) Comments by the Regulatory En21 forcement Ombudsman and the Chief 

22 Counsel for Advocacy of the Small Busi23 ness Administration. 

24 ‘‘(4) The complexity of the rule. 


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1 ‘‘(5) The extent to which the rule 

2 overlaps, duplicates, or conflicts with 

3 other Federal rules and, unless the head 

4 of the agency determines it to be infeasi5 ble, State, territorial, and local rules. 

6 ‘‘(6) The contribution of the rule to 

7 the cumulative economic impact of all 

8 Federal rules on the class of small enti9 ties affected by the rule, unless the head 

10 of the agency determines that such cal11 culations cannot be made and reports 

12 that determination in the annual report 

13 required under subsection (d). 

14 ‘‘(7) The length of time since the rule 

15 has been evaluated or the degree to 

16 which technology, economic conditions, 

17 or other factors have changed in the area 

18 affected by the rule. 

19 ‘‘(f) The agency shall publish in the Fed20 eral Register and on its website a list of rules 

21 to be reviewed pursuant to such plan. The 

22 agency shall include in the publication a so23 licitation of public comments on any further 

24 inclusions or exclusions of rules from the list, 

25 and shall respond to such comments. Such 


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1 publication shall include a brief description 

2 of the rule, the reason why the agency deter3 mined that it has a significant economic im4 pact on a substantial number of small entities 

5 (without regard to whether it had prepared a 

6 final regulatory flexibility analysis for the 

7 rule), and request comments from the public, 

8 the Chief Counsel for Advocacy of the Small 

9 Business Administration, and the Regulatory 

10 Enforcement Ombudsman concerning the en11 forcement of the rule.’’. 

12 SEC. 8. JUDICIAL REVIEW OF COMPLIANCE WITH THE RE13 QUIREMENTS OF THE REGULATORY FLEXI14 BILITY ACT AVAILABLE AFTER PUBLICATION 

15 OF THE FINAL RULE. 

16 (a) IN GENERAL.—Paragraph (1) of section 

17 611(a) of title 5, United States Code, is amend18 ed by striking ‘‘final agency action’’ and in19 serting ‘‘such rule’’. 

20 (b) JURISDICTION.—Paragraph (2) of such 

21 section is amended by inserting ‘‘(or which 

22 would have such jurisdiction if publication of 

23 the final rule constituted final agency action)’’ 

24 after ‘‘provision of law,’’. 


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1 (c) TIME FOR BRINGING ACTION.—Para2 graph (3) of such section is amended— 

3 (1) by striking ‘‘final agency action’’ 

4 and inserting ‘‘publication of the final 

5 rule’’; and 

6 (2) by inserting ‘‘, in the case of a rule 

7 for which the date of final agency action 

8 is the same date as the publication of the 

9 final rule,’’ after ‘‘except that’’. 

10 (d) INTERVENTION BY CHIEF COUNSEL FOR

11 ADVOCACY.—Subsection (b) of section 612 of 

12 title 5, United States Code, is amended by in13 serting before the first period ‘‘or agency com14 pliance with section 601, 603, 604, 605(b), 609, 

15 or 610’’. 

16 SEC. 9. JURISDICTION OF COURT OF APPEALS OVER RULES 

17 IMPLEMENTING THE REGULATORY FLEXI18 BILITY ACT. 

19 (a) IN GENERAL.—Section 2342 of title 28, 

20 United States Code, is amended— 

21 (1) in paragraph (6), by striking ‘‘and’’ 

22 at the end; 

23 (2) in paragraph (7), by striking the 

24 period at the end and inserting ‘‘; and’’; 

25 and 


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1 (3) by inserting after paragraph (7) 

2 the following new paragraph: 

3 ‘‘(8) all final rules under section 

4 608(a) of title 5.’’. 

5 (b) CONFORMING AMENDMENTS.—Paragraph 

6 (3) of section 2341 of title 28, United States 

7 Code, is amended— 

8 (1) in subparagraph (D), by striking 

9 ‘‘and’’ at the end; 

10 (2) in subparagraph (E), by striking 

11 the period at the end and inserting ‘‘; 

12 and’’; and 

13 (3) by adding at the end the following 

14 new subparagraph: 

15 ‘‘(F) the Office of Advocacy of the 

16 Small Business Administration, when 

17 the final rule is under section 608(a) 

18 of title 5.’’. 

19 (c) AUTHORIZATION TO INTERVENE AND COM20 MENT ON AGENCY COMPLIANCE WITH ADMINIS21 TRATIVE PROCEDURE.—Subsection (b) of sec22 tion 612 of title 5, United States Code, is 

23 amended by inserting ‘‘chapter 5, and chapter 

24 7,’’ after ‘‘this chapter,’’. 


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1 SEC. 10. ESTABLISHMENT AND APPROVAL OF SMALL BUSI2 NESS CONCERN SIZE STANDARDS BY CHIEF 

3 COUNSEL FOR ADVOCACY. 

4 (a) IN GENERAL.—Subparagraph (A) of sec5 tion 3(a)(2) of the Small Business Act (15 

6 U.S.C. 632(a)(2)(A)) is amended to read as fol7 lows: 

8 ‘‘(A) IN GENERAL.—In addition to 

9 the criteria specified in paragraph 

10 (1)— 

11 ‘‘(i) the Administrator may 

12 specify detailed definitions or 

13 standards by which a business 

14 concern may be determined to be 

15 a small business concern for pur16 poses of this Act or the Small 

17 Business Investment Act of 1958; 

18 and 

19 ‘‘(ii) the Chief Counsel for Ad20 vocacy may specify such defini21 tions or standards for purposes of 

22 any other Act.’’. 

23 (b) APPROVAL BY CHIEF COUNSEL.—Clause 

24 (iii) of section 3(a)(2)(C) of the Small Business 

25 Act (15 U.S.C. 632(a)(2)(C)(iii)) is amended to 

26 read as follows: 


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1 ‘‘(iii) except in the case of a 

2 size standard prescribed by the 

3 Administrator, is approved by the 

4 Chief Counsel for Advocacy.’’. 

5 (c) INDUSTRY VARIATION.—Paragraph (3) of 

6 section 3(a) of the Small Business Act (15 

7 U.S.C. 632(a)(3)) is amended— 

8 (1) by inserting ‘‘or Chief Counsel for 

9 Advocacy, as appropriate’’ before ‘‘shall 

10 ensure’’; and 

11 (2) by inserting ‘‘or Chief Counsel for 

12 Advocacy’’ before the period at the end. 

13 (d) JUDICIAL REVIEW OF SIZE STANDARDS

14 APPROVED BY CHIEF COUNSEL.—Section 3(a) of 

15 the Small Business Act (15 U.S.C. 632(a)) is 

16 amended by adding at the end the following 

17 new paragraph: 

18 ‘‘(9) JUDICIAL REVIEW OF STANDARDS AP19 PROVED BY CHIEF COUNSEL.—In the case of 

20 an action for judicial review of a rule 

21 which includes a definition or standard 

22 approved by the Chief Counsel for Advo23 cacy under this subsection, the party 

24 seeking such review shall be entitled to 


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1 join the Chief Counsel as a party in such 

2 action.’’. 

3 SEC. 11. CLERICAL AMENDMENTS. 

4 (a) DEFINITIONS.—Section 601 of title 5, 

5 United States Code, is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking the semicolon at 

8 the end and inserting a period; and 

9 (B) by striking ‘‘(1) the term’’ and 

10 inserting the following: 

11 ‘‘(1) AGENCY.—The term’’; 

12 (2) in paragraph (3)— 

13 (A) by striking the semicolon at 

14 the end and inserting a period; and 

15 (B) by striking ‘‘(3) the term’’ and 

16 inserting the following: 

17 ‘‘(3) SMALL BUSINESS.—The term’’; 

18 (3) in paragraph (5)— 

19 (A) by striking the semicolon at 

20 the end and inserting a period; and 

21 (B) by striking ‘‘(5) the term’’ and 

22 inserting the following: 

23 ‘‘(5) SMALL GOVERNMENTAL JURISDIC24 TION.—The term’’; and 

25 (4) in paragraph (6)— 


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1 (A) by striking ‘‘; and’’ and insert2 ing a period; and 

3 (B) by striking ‘‘(6) the term’’ and 

4 inserting the following: 

5 ‘‘(6) SMALL ENTITY.—The term’’. 

6 (b) INCORPORATIONS BY REFERENCE AND

7 CERTIFICATIONS.—The heading of section 605 

8 of title 5, United States Code, is amended to 

9 read as follows: 

10 ‘‘§ 605. Incorporations by reference and certifi11 cations’’. 

12 (c) TABLE OF SECTIONS.—The table of sec13 tions for chapter 6 of title 5, United States 

14 Code, is amended— 

15 (1) by striking the item relating to 

16 section 605 and inserting the following 

17 new item: 

‘‘605. Incorporations by reference and certifications.’’; 

18 (2) by striking the item relating to 

19 section 607 and inserting the following 

20 new item: 

‘‘607. Quantification requirements.’’; 

21 and 

22 (3) by striking the item relating to 

23 section 608 and inserting the following: 

‘‘608. Additional powers of Chief Counsel for Advocacy.’’. 


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1 (d) OTHER CLERICAL ADENDMENTS TO CHAP2 TER 6.—Chapter 6 of title 5, United States 

3 Code, is amended as follows: 

4 (1) In section 603, by striking sub5 section (d). 

6 (2) In section 604(a) by striking the 

7 second paragraph (6). 

8 SEC. 12. AGENCY PREPARATION OF GUIDES. 

9 Section 212(a)(5) the Small Business Regu10 latory Enforcement Fairness Act of 1996 (5 

11 U.S.C. 601 note) is amended to read as follows: 

12 ‘‘(5) AGENCY PREPARATION OF GUIDES.— 

13 The agency shall, in its sole discretion, 

14 taking into account the subject matter of 

15 the rule and the language of relevant 

16 statutes, ensure that the guide is written 

17 using sufficiently plain language likely to 

18 be understood by affected small entities. 

19 Agencies may prepare separate guides 

20 covering groups or classes of similarly af21 fected small entities and may cooperate 

22 with associations of small entities to dis23 tribute such guides. In developing guides, 

24 agencies shall solicit input from affected 

25 small entities or associations of affected 


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1 small entities. An agency may prepare 

2 guides and apply this section with re3 spect to a rule or a group of related 

4 rules.’’. 

5 SEC. 13. GAO REPORT. 

6 Not later than 90 days after the date of en7 actment of this Act, the Comptroller General 

8 of the United States shall complete and pub9 lish a study that examines whether the Chief 

10 Counsel for Advocacy of the Small Business 

11 Administration has the capacity and re12 sources to carry out the duties of the Chief 

13 Counsel under this Act and the amendments 

14 made by this Act. 


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Union Calendar No. 208 

113TH CONGRESS 

1ST SESSION H. R. 2542 

[Report No. 113–288, Parts I and II] 

A BILL 

To amend chapter 6 of title 5, United States Code 

purposes. pacts on small entities of rules, and for other Act), to ensure complete analysis of potential im-(commonly known as the Regulatory Flexibility 

DECEMBER 11, 2013 

Reported from the Committee on the Judiciary with an 

amendment 

DECEMBER 11, 2013 

Reported from the Committee on Small Business with an 

amendment 


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