Regulatory Flexibility Improvements Act of 2013

To amend chapter 6 1. Short title; table of contents (a) Short title This Act may be cited as the Regulatory Flexibility Improvements Act of 2013 (b) Table of contents The table of contents 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. 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. 2. Clarification and expansion of rules covered by the Regulatory Flexibility Act (a) In general Paragraph (2) of section 601 (2) Rule The term rule . (b) Inclusion of rules with indirect effects Section 601 (9) Economic impact The term economic impact (A) any direct economic effect on small entities of such rule; and (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). . (c) Inclusion of rules with beneficial effects (1) Initial regulatory flexibility analysis Subsection (c) of section 603 Each initial regulatory flexibility analysis shall also contain a detailed description of alternatives to the proposed rule which minimize any adverse significant economic impact or maximize any beneficial significant economic impact on small entities. (2) Final regulatory flexibility analysis The first paragraph (6) of section 604(a) minimize the significant economic impact minimize the adverse significant economic impact or maximize the beneficial significant economic impact (d) Inclusion of rules affecting tribal organizations Paragraph (5) of section 601 and tribal organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act 25 U.S.C. 450b(l) special districts, (e) Inclusion of land management plans and formal rulemaking (1) Initial regulatory flexibility analysis Subsection (a) of section 603 (A) by striking or proposed rule, (B) by inserting or publishes a revision or amendment to a land management plan, United States, (2) Final regulatory flexibility analysis Subsection (a) of section 604 (A) by striking or proposed rulemaking, (B) by inserting or adopts a revision or amendment to a land management plan, section 603(a), (3) Land management plan defined Section 601 (10) Land management plan (A) In general The term land management plan (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 (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 (B) Revision The term revision (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) (ii) in the case of a plan described in subparagraph (A)(ii), is made under section 1610.5–6 (C) Amendment The term amendment (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) National Environmental Policy Act of 1969 42 U.S.C. 4332(2)(C) (ii) in the case of a plan described in subparagraph (A)(ii), is made under section 1610.5–5 National Environmental Policy Act of 1969 42 U.S.C. 4332(2)(C) . (f) Inclusion of certain interpretive rules involving the internal revenue laws (1) In general Subsection (a) of section 603 or a recordkeeping requirement, and without regard to whether such requirement is imposed by statute or regulation. (2) Collection of information Paragraph (7) of section 601 (7) Collection of information The term collection of information section 3502(3) . (3) Recordkeeping requirement Paragraph (8) of section 601 (8) Recordkeeping requirement The term recordkeeping requirement section 3502(13) . (g) Definition of small organization Paragraph (4) of section 601 (4) Small organization (A) In general The term small organization (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 (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. (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. (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. . 3. Expansion of report of regulatory agenda Section 602 (1) in subsection (a)— (A) in paragraph (2), by striking , and ; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (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 ; and (2) in subsection (c), to read as follows: (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. . 4. Requirements providing for more detailed analyses (a) Initial regulatory flexibility analysis Subsection (b) of section 603 (b) Each initial regulatory flexibility analysis required under this section shall contain a detailed statement— (1) describing the reasons why action by the agency is being considered; (2) describing the objectives of, and legal basis for, the proposed rule; (3) estimating the number and type of small entities to which the proposed rule will apply; (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; (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; (6) estimating the additional cumulative economic impact of the proposed rule on small entities beyond that already imposed on the class of small entities by the agency or why such an estimate is not available; and (7) describing any disproportionate economic impact on small entities or a specific class of small entities. . (b) Final regulatory flexibility analysis (1) In general Section 604(a) (A) in paragraph (4), by striking an explanation a detailed explanation (B) in each of paragraphs (4), (5), and the first paragraph (6), by inserting detailed description (C) by adding at the end the following: (7) describing any disproportionate economic impact on small entities or a specific class of small entities. . (2) Inclusion of response to comments on certification of proposed rule Paragraph (2) of section 604(a) (or certification of the proposed rule under section 605(b)) initial regulatory flexibility analysis (3) Publication of analysis on website Subsection (b) of section 604 (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. . (c) Cross-References to other analyses Subsection (a) of section 605 (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. . (d) Certifications Subsection (b) of section 605 (1) by inserting detailed statement (2) by inserting and legal factual (e) Quantification requirements Section 607 607. 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. . 5. 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: 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 2013 (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). (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. (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. . (b) Conforming amendments (1) Section 611(a)(1) of such title is amended by striking 608(b), (2) Section 611(a)(2) of such title is amended by striking 608(b), (3) Section 611(a)(3) of such title is amended— (A) by striking subparagraph (B); and (B) by striking (3)(A) A small entity (3) A small entity . 6. Procedures for gathering comments Section 609 (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— (A) all materials prepared or utilized by the agency in making the proposed rule, including the draft of the proposed rule; and (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. (2) An agency shall not be required under paragraph (1) to provide the exact language of any draft if the rule— (A) relates to the internal revenue laws of the United States; or (B) is proposed by an independent regulatory agency (as defined in section 3502(5) (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— (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; and (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) (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) (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. (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. (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— (1) an annual effect on the economy of $100,000,000 or more; (2) a major increase in costs or prices for consumers, individual industries, Federal, State, or local governments, tribal organizations, or geographic regions; (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; or (4) a significant economic impact on a substantial number of small entities. (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. . 7. Periodic review of rules Section 610 610. Periodic review of rules (a) Not later than 180 days after the enactment of the Regulatory Flexibility Improvements Act of 2013 (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 2013 Regulatory Flexibility Improvements Act of 2013 (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. (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) (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: (1) The continued need for the rule. (2) The nature of complaints received by the agency from small entities concerning the rule. (3) Comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy of the Small Business Administration. (4) The complexity of the rule. (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. (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). (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. (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. . 8. 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 section 611(a) final agency action such rule (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) provision of law, (c) Time for bringing action Paragraph (3) of such section is amended— (1) by striking final agency action publication of the final rule (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, except that (d) Intervention by Chief Counsel for Advocacy Subsection (b) of section 612 or agency compliance with section 601, 603, 604, 605(b), 609, or 610 9. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act (a) In general Section 2342 (1) in paragraph (6), by striking and (2) in paragraph (7), by striking the period at the end and inserting ; and (3) by inserting after paragraph (7) the following new paragraph: (8) all final rules under section 608(a) . (b) Conforming amendments Paragraph (3) of section 2341 (1) in subparagraph (D), by striking and (2) in subparagraph (E), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (F) the Office of Advocacy of the Small Business Administration, when the final rule is under section 608(a) . (c) Authorization To intervene and comment on agency compliance with administrative procedure Subsection (b) of section 612 chapter 5, and chapter 7, this chapter, 10. Establishment and approval of small business concern size standards by chief counsel for advocacy (a) In general Subparagraph (A) of section 3(a)(2) of the Small Business Act ( 15 U.S.C. 632(a)(2)(A) (A) In general In addition to the criteria specified in paragraph (1)— (i) the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for purposes of this Act or the Small Business Investment Act of 1958; and (ii) the Chief Counsel for Advocacy may specify such definitions or standards for purposes of any other Act. . (b) Approval by chief counsel Clause (iii) of section 3(a)(2)(C) of the Small Business Act ( 15 U.S.C. 632(a)(2)(C)(iii) (iii) except in the case of a size standard prescribed by the Administrator, is approved by the Chief Counsel for Advocacy. . (c) Industry variation Paragraph (3) of section 3(a) of the Small Business Act ( 15 U.S.C. 632(a)(3) (1) by inserting or Chief Counsel for Advocacy, as appropriate shall ensure (2) by inserting or Chief Counsel for Advocacy (d) Judicial review of size standards approved by chief counsel Section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) (6) (9) Judicial review of standards approved by chief counsel In the case of an action for judicial review of a rule which includes a definition or standard approved by the Chief Counsel for Advocacy under this subsection, the party seeking such review shall be entitled to join the Chief Counsel as a party in such action. . 11. Clerical amendments (a) Section 601 (1) in paragraph (1)— (A) by striking the semicolon at the end and inserting a period; and (B) by striking (1) the term (1) Agency The term ; (2) in paragraph (3)— (A) by striking the semicolon at the end and inserting a period; and (B) by striking (3) the term (3) Small business The term ; (3) in paragraph (5)— (A) by striking the semicolon at the end and inserting a period; and (B) by striking (5) the term (5) Small governmental jurisdiction The term ; and (4) in paragraph (6)— (A) by striking ; and (B) by striking (6) the term (6) Small entity The term . (b) The heading of section 605 605. Incorporations by reference and certifications . (c) The table of sections for chapter 6 (1) by striking the item relating to section 605 and inserting the following new item: 605. Incorporations by reference and certifications. ; (2) by striking the item relating to section 607 and inserting the following new item: 607. Quantification requirements. ; and (3) by striking the item relating to section 608 and inserting the following: 608. Additional powers of Chief Counsel for Advocacy. . (d) Chapter 6 (1) In section 603, by striking subsection (d). (2) In section 604(a) by striking the second paragraph (6). 12. Agency preparation of guides Section 212(a)(5) the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 (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. . 1. Short title; table of contents (a) Short title This Act may be cited as the Regulatory Flexibility Improvements Act of 2013 (b) Table of contents The table of contents 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. 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. 2. Clarification and expansion of rules covered by the Regulatory Flexibility Act (a) In general Paragraph (2) of section 601 (2) Rule The term rule . (b) Inclusion of rules with indirect effects Section 601 (9) Economic impact The term economic impact (A) any direct economic effect on small entities of such rule; and (B) any indirect economic effect (including compliance costs and effects on revenue) 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). . (c) Inclusion of rules with beneficial effects (1) Initial regulatory flexibility analysis Subsection (c) of section 603 Each initial regulatory flexibility analysis shall also contain a detailed description of alternatives to the proposed rule which minimize any adverse significant economic impact or maximize any beneficial significant economic impact on small entities. (2) Final regulatory flexibility analysis The first paragraph (6) of section 604(a) minimize the significant economic impact minimize the adverse significant economic impact or maximize the beneficial significant economic impact (d) Inclusion of rules affecting tribal organizations Paragraph (5) of section 601 and tribal organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act 25 U.S.C. 450b(l) special districts, (e) Inclusion of land management plans and formal rulemaking (1) Initial regulatory flexibility analysis Subsection (a) of section 603 (A) by striking or proposed rule, (B) by inserting or publishes a revision or amendment to a land management plan, United States, (2) Final regulatory flexibility analysis Subsection (a) of section 604 (A) by striking or proposed rulemaking, (B) by inserting or adopts a revision or amendment to a land management plan, section 603(a), (3) Land management plan defined Section 601 (10) Land management plan (A) In general The term land management plan (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 (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 (B) Revision The term revision (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) (ii) in the case of a plan described in subparagraph (A)(ii), is made under section 1610.5–6 (C) Amendment The term amendment (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) National Environmental Policy Act of 1969 42 U.S.C. 4332(2)(C) (ii) in the case of a plan described in subparagraph (A)(ii), is made under section 1610.5–5 National Environmental Policy Act of 1969 42 U.S.C. 4332(2)(C) . (f) Inclusion of certain interpretive rules involving the internal revenue laws (1) In general Subsection (a) of section 603 or a recordkeeping requirement, and without regard to whether such requirement is imposed by statute or regulation. (2) Collection of information Paragraph (7) of section 601 (7) Collection of information The term collection of information section 3502(3) . (3) Recordkeeping requirement Paragraph (8) of section 601 (8) Recordkeeping requirement The term recordkeeping requirement section 3502(13) . (g) Definition of small organization Paragraph (4) of section 601 (4) Small organization (A) In general The term small organization (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 (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. (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. (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. . 3. Expansion of report of regulatory agenda Section 602 (1) in subsection (a)— (A) in paragraph (2), by striking , and ; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (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 ; and (2) in subsection (c), to read as follows: (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. . 4. Requirements providing for more detailed analyses (a) Initial regulatory flexibility analysis Subsection (b) of section 603 (b) Each initial regulatory flexibility analysis required under this section shall contain a detailed statement— (1) describing the reasons why action by the agency is being considered; (2) describing the objectives of, and legal basis for, the proposed rule; (3) estimating the number and type of small entities to which the proposed rule will apply; (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; (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; (6) estimating the additional cumulative economic impact of the proposed rule on small entities beyond that already imposed on the class of small entities by the agency or why such an estimate is not available; and (7) describing any disproportionate economic impact on small entities or a specific class of small entities. . (b) Final regulatory flexibility analysis (1) In general Section 604(a) (A) in paragraph (4), by striking an explanation a detailed explanation (B) in each of paragraphs (4), (5), and the first paragraph (6), by inserting detailed description (C) by adding at the end the following: (7) describing any disproportionate economic impact on small entities or a specific class of small entities. . (2) Inclusion of response to comments on certification of proposed rule Paragraph (2) of section 604(a) (or certification of the proposed rule under section 605(b)) initial regulatory flexibility analysis (3) Publication of analysis on website Subsection (b) of section 604 (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. . (c) Cross-References to other analyses Subsection (a) of section 605 (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. . (d) Certifications Subsection (b) of section 605 (1) by inserting detailed statement (2) by inserting and legal factual (e) Quantification requirements Section 607 607. 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. . 5. 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: 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 2013 (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). (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. (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. . (b) Conforming amendments (1) Section 611(a)(1) of such title is amended by striking 608(b), (2) Section 611(a)(2) of such title is amended by striking 608(b), (3) Section 611(a)(3) of such title is amended— (A) by striking subparagraph (B); and (B) by striking (3)(A) A small entity (3) A small entity . 6. Procedures for gathering comments Section 609 (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— (A) all materials prepared or utilized by the agency in making the proposed rule, including the draft of the proposed rule; and (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. (2) An agency shall not be required under paragraph (1) to provide the exact language of any draft if the rule— (A) relates to the internal revenue laws of the United States; or (B) is proposed by an independent regulatory agency (as defined in section 3502(5) (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— (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; and (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) (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) (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, an assessment of the proposed rule’s impact on start-up costs for small entities, and a discussion of any alternatives that will minimize adverse significant economic impacts or maximize beneficial significant economic impacts on small entities. (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. (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— (1) an annual effect on the economy of $100,000,000 or more; (2) a major increase in costs or prices for consumers, individual industries, Federal, State, or local governments, tribal organizations, or geographic regions; (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; or (4) a significant economic impact on a substantial number of small entities. (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. (g) A small entity or a representative of a small entity may submit a request that the agency provide a copy of the report prepared under subsection (d) and all materials and information provided to the Chief Counsel for Advocacy of the Small Business Administration under subsection (b). The agency receiving such request shall provide the report, materials and information to the requesting small entity or representative of a small entity not later than 10 business days after receiving such request, except that the agency shall not disclose any information that is prohibited from disclosure to the public pursuant to section 552(b) of this title. . 7. Periodic review of rules Section 610 610. Periodic review of rules (a) Not later than 180 days after the enactment of the Regulatory Flexibility Improvements Act of 2013 (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 2013 Regulatory Flexibility Improvements Act of 2013 (c) The plan shall include a section that details how an agency will conduct outreach to and meaningfully include small businesses (including small business concerns owned and controlled by women, small business concerns owned and controlled by veterans, and small business concerns owned and controlled by socially and economically disadvantaged individuals (as such terms are defined in the Small Business Act)) 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. (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) (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: (1) The continued need for the rule. (2) The nature of complaints received by the agency from small entities concerning the rule. (3) Comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy of the Small Business Administration. (4) The complexity of the rule. (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. (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). (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. (f) The agency shall publish in the Federal Register and on its website a list of rules to be reviewed pursuant to such plan. The agency shall include in the publication a solicitation of public comments on any further inclusions or exclusions of rules from the list, and shall respond to such comments. 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. . 8. 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 section 611(a) final agency action such rule (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) provision of law, (c) Time for bringing action Paragraph (3) of such section is amended— (1) by striking final agency action publication of the final rule (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, except that (d) Intervention by Chief Counsel for Advocacy Subsection (b) of section 612 or agency compliance with section 601, 603, 604, 605(b), 609, or 610 9. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act (a) In general Section 2342 (1) in paragraph (6), by striking and (2) in paragraph (7), by striking the period at the end and inserting ; and (3) by inserting after paragraph (7) the following new paragraph: (8) all final rules under section 608(a) . (b) Conforming amendments Paragraph (3) of section 2341 (1) in subparagraph (D), by striking and (2) in subparagraph (E), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (F) the Office of Advocacy of the Small Business Administration, when the final rule is under section 608(a) . (c) Authorization To intervene and comment on agency compliance with administrative procedure Subsection (b) of section 612 chapter 5, and chapter 7, this chapter, 10. Establishment and approval of small business concern size standards by chief counsel for advocacy (a) In general Subparagraph (A) of section 3(a)(2) of the Small Business Act ( 15 U.S.C. 632(a)(2)(A) (A) In general In addition to the criteria specified in paragraph (1)— (i) the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for purposes of this Act or the Small Business Investment Act of 1958; and (ii) the Chief Counsel for Advocacy may specify such definitions or standards for purposes of any other Act. . (b) Approval by chief counsel Clause (iii) of section 3(a)(2)(C) of the Small Business Act ( 15 U.S.C. 632(a)(2)(C)(iii) (iii) except in the case of a size standard prescribed by the Administrator, is approved by the Chief Counsel for Advocacy. . (c) Industry variation Paragraph (3) of section 3(a) of the Small Business Act ( 15 U.S.C. 632(a)(3) (1) by inserting or Chief Counsel for Advocacy, as appropriate shall ensure (2) by inserting or Chief Counsel for Advocacy (d) Judicial review of size standards approved by chief counsel Section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) (9) Judicial review of standards approved by chief counsel In the case of an action for judicial review of a rule which includes a definition or standard approved by the Chief Counsel for Advocacy under this subsection, the party seeking such review shall be entitled to join the Chief Counsel as a party in such action. . 11. Clerical amendments (a) Definitions Section 601 (1) in paragraph (1)— (A) by striking the semicolon at the end and inserting a period; and (B) by striking (1) the term (1) Agency The term ; (2) in paragraph (3)— (A) by striking the semicolon at the end and inserting a period; and (B) by striking (3) the term (3) Small business The term ; (3) in paragraph (5)— (A) by striking the semicolon at the end and inserting a period; and (B) by striking (5) the term (5) Small governmental jurisdiction The term ; and (4) in paragraph (6)— (A) by striking ; and (B) by striking (6) the term (6) Small entity The term . (b) Incorporations by reference and certifications The heading of section 605 605. Incorporations by reference and certifications . (c) Table of sections The table of sections for chapter 6 (1) by striking the item relating to section 605 and inserting the following new item: 605. Incorporations by reference and certifications. ; (2) by striking the item relating to section 607 and inserting the following new item: 607. Quantification requirements. ; and (3) by striking the item relating to section 608 and inserting the following: 608. Additional powers of Chief Counsel for Advocacy. . (d) Other clerical adendments to chapter 6 Chapter 6 (1) In section 603, by striking subsection (d). (2) In section 604(a) by striking the second paragraph (6). 12. Agency preparation of guides Section 212(a)(5) the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 (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. . 13. GAO report Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall complete and publish a study that examines whether the Chief Counsel for Advocacy of the Small Business Administration has the capacity and resources to carry out the duties of the Chief Counsel under this Act and the amendments made by this Act. December 11, 2013 Reported from the Committee on the Judiciary December 11, 2013 Reported from the Committee on Small Business

Summary: Regulatory Flexibility Improvements Act of 2013 - (Sec. 2) Amends the Regulatory Flexibility Act of 1980 (RFA) to: (1) revise the definition of "rule" under such Act to exclude a rule pertaining to the protection of the rights of and benefits for veterans or a rule of particular (and not general) applicability relating to rates, wages, and other financial indicators; and (2) define "economic impact" with respect to a proposed or final rule as any direct economic effect on small entities from such rule and any indirect economic effect on small entities that is reasonably foreseeable and that results from such rule. Includes tribal organizations within the definition of "small governmental jurisdictions" for purposes of such Act. Requires initial and final regulatory flexibility analyses to: (1) describe alternatives to a proposed rule that minimize any adverse significant economic impact or maximize the beneficial significant economic impact on small entities, and (2) include revisions or amendments to a land management plan developed by the Secretary of Agriculture or the Secretary of the Interior under specified Acts. Expands the applicability of RFA to interpretive rules involving internal revenue laws that impose a recordkeeping requirement, without regard to whether such requirement is imposed by statute or regulation. Defines "small organization" for purposes of RFA. (Sec. 3) Requires each federal agency to include in its regulatory flexibility agenda a brief description of the sector of the North American Industrial Classification System that is affected by a proposed agency rule that is likely to have a significant economic impact on a substantial number of small entities. (Sec. 4) Requires a detailed statement in an initial regulatory flexibility analysis to include: (1) an estimate of the additional cumulative economic impact of the proposed rule on small entities, and (2) a description of any disproportionate economic impact on small entities or a specific class of such entities. Requires an agency, in developing an initial and final regulatory flexibility analysis, to provide: (1) a quantifiable or numerical description of the effects of a proposed or final rule and alternatives to such rule, or (2) a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable. (Sec. 5) Repeals provisions allowing a waiver or delay of the completion of an initial regulatory flexibility analysis. Requires the Chief Counsel for Advocacy of the Small Business Administration (SBA) to issue rules governing federal agency compliance with RFA requirements. Authorizes the Chief Counsel to modify or amend such rules, to intervene in agency adjudication relating to such rules, and to inform an agency of the impact of its rulemaking on small entities. (Sec. 6) Revises requirements for agency notification of the SBA Chief Counsel for Advocacy prior to the publication of any proposed rule. Requires agencies to provide the Chief Counsel with: (1) all materials prepared or utilized in making the proposed rule, and (2) information on the potential adverse and beneficial economic impacts of the proposed rule on small entities. (Sec. 7) Modifies requirements for the periodic review of agency rules affecting small entities to require publication of a plan for review and placement of such plan on the agency website not later than 180 days after the enactment of this Act. (Sec. 8) Provides for judicial review of an agency final rule for compliance with RFA requirements after publication of such rule. (Sec. 9) Amends the federal judicial code to grant exclusive jurisdiction to the U.S. Courts of Appeals to review all final rules promulgated by the SBA Chief Counsel for Advocacy governing agency compliance with the RFA. (Sec. 10) Amends the Small Business Act to authorize the SBA Chief Counsel for Advocacy to specify detailed definitions or standards by which a business may be determined to be a small business (size standard) for purposes of all enactments other than the Small Business Act or the Small Business Investment Act of 1958 (for which only the Administrator is authorized to specify small business size standards). Allows a party seeking judicial review of a rule that includes a definition or size standard approved by the Chief Counsel for Advocacy to join the Chief Counsel as a party in an action for such review. (Sec. 12) Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require federal agencies, in developing small entity compliance guides, to solicit input from affected small entities or associations of small entities. (Sec. 13) Requires the Comptroller General, not later than 90 days after the enactment of this Act, to complete and publish a study that examines whether the SBA Chief Counsel for Advocacy has the capacity and resources to carry out the duties of Chief Counsel under this Act.