Determination and Education Assistance Act (25 U.S.C. 
450b(l))),’’ after ‘‘special districts,’’. 
(e) INCLUSION OF LAND MANAGEMENT PLANS AND 
FORMAL RULEMAKING.— 
(1) INITIAL REGULATORY FLEXIBILITY ANAL-
YSIS.—Subsection (a) of section 603 of title 5, 
United States Code, is amended in the first sen-
tence— 
(A) by striking ‘‘or’’ after ‘‘proposed 
rule,’’; and 
(B) by inserting ‘‘publishes a revision or 
amendment to a land management plan, or 
issues a proposed rule made on the record after 
opportunity for an agency hearing,’’ after 
‘‘United States,’’. 
(2) FINAL
REGULATORY
FLEXIBILITY
ANAL-
YSIS.—Subsection (a) of section 604 of title 5, 
United States Code, is amended in the first sen-
tence— 
(A) by striking ‘‘or’’ after ‘‘proposed rule-
making,’’; and 
(B) by inserting ‘‘, adopts a revision or 
amendment to a land management plan, or 
issues a final rule made on the record after op-
portunity for an agency hearing,’’ after ‘‘section 
603(a),’’. 
(3) LAND MANAGEMENT PLAN DEFINED.—Sec-
tion 601 of title 5, United States Code (as amended 
by subsection (b)), is further amended by adding at 
the end the following new paragraph: 
‘‘(10) LAND MANAGEMENT PLAN.— 
‘‘(A) IN GENERAL.—The term ‘land man-
agement plan’ means— 
‘‘(i) any plan developed by the Sec-
retary of Agriculture under section 6 of 
the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 
1604); and 
‘‘(ii) any plan developed by the Sec-
retary of Interior under section 202 of the 
Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1712). 
‘‘(B) 
REVISION.—The 
term 
‘revision’ 
means any change to a land management plan 
which— 
‘‘(i) in the case of a plan described in 
subparagraph (A)(i), is made under section 
6(f)(5) of the Forest and Rangeland Re-
newable Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(5)); or 
‘‘(ii) in the case of a plan described in 
subparagraph (A)(ii), is made under sec-
tion 1610.5–6 of title 43, Code of Federal 
Regulations (or any successor regulation). 
‘‘(C) AMENDMENT.—The term ‘amend-
ment’ means any change to a land management 
plan which— 
‘‘(i) in the case of a plan described in 
subparagraph (A)(i), is made under section 
6(f)(4) of the Forest and Rangeland Re-
newable Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(4)) and with respect to 
which the Secretary of Agriculture pre-
pares a statement described in section 
102(2)(C) of the National Environmental 
Policy 
Act 
of 
1969 
(42 
U.S.C. 
4332(2)(C)); or 
‘‘(ii) in the case of a plan described in 
subparagraph (A)(ii), is made under sec-
tion 1610.5–5 of title 43, Code of Federal 
Regulations (or any successor regulation) 
and with respect to which the Secretary of 
the Interior prepares a statement described
in section 102(2)(C) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).’’. 
(f) INCLUSION OF CERTAIN INTERPRETIVE RULES 
INVOLVING THE INTERNAL REVENUE LAWS WHICH IM-
POSE RECORDKEEPING REQUIREMENTS, ETC.— 
(1) IN
GENERAL.—Subsection (a) of section 
603 of title 5, United States Code, is amended by 
striking the period at the end and inserting ‘‘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 of title 5, United States Code, is 
amended to read as follows: 
‘‘(7) COLLECTION OF INFORMATION.—The term 
‘collection of information’ has the meaning given 
such term in section 3502(3) of title 44, United 
States Code.’’. 
(3) RECORDKEEPING
REQUIREMENT.—Para-
graph (8) of section 601 of title 5, United States 
Code, is amended to read as follows: 
‘‘(8) 
RECORDKEEPING
REQUIREMENT.—The 
term ‘recordkeeping requirement’ has the meaning
given such term in section 3502(13) of title 44, 
United States Code.’’. 
(g) DEFINITION OF SMALL ORGANIZATION.—Para-
graph (4) of section 601 of title 5, United States Code, 
is amended to read as follows: 
‘‘(4) SMALL ORGANIZATION.— 
‘‘(A) IN GENERAL.—The term ‘small orga-
nization’ means any not-for-profit enterprise 
which, as of the issuance of the notice of pro-
posed rulemaking— 
‘‘(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) for small business concerns 
described by such classification code, and 
‘‘(ii) in the case of any other enter-
prise, 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, sub-
paragraph (A) shall be applied without regard 
to any national or international organization of 
which such local labor organization is a part. 
‘‘(C) PROFESSIONAL AND TRADE ASSOCIA-
TIONS.—In the case of any professional or 
trade association, subparagraph (A) shall be ap-
plied without regard to the net worth or num-
ber of employees of any member of such asso-
ciation. 
‘‘(D) 
AGENCY
DEFINITIONS.—Subpara-
graphs (A), (B), and (C) shall not apply to the 
extent that an agency establishes, after oppor-
tunity for public comment, one or more defini-
tions for such term which are appropriate to 
the activities of the agency and publishes such 
definition(s) in the Federal Register.’’. 
SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED 
ANALYSES. 
(a) INITIAL REGULATORY FLEXIBILITY ANALYSIS.— 
Subsection (b) of section 603 of title 5, United States 
Code, is amended to read as follows: 
‘‘(b) Each initial regulatory flexibility analysis re-
quired under this section shall contain a detailed state-
ment—
‘‘(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, record-
keeping, and other compliance requirements of the 
proposed rule, including an estimate of the classes of 
small entities which will be subject to the require-
ment 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; and 
‘‘(6) estimating the additional cumulative eco-
nomic 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.’’. 
(b) FINAL REGULATORY FLEXIBILITY ANALYSIS.— 
(1) IN GENERAL.—
(A) Paragraph (1) of section 604(a) of 
title 5, United States Code, is amended by 
striking ‘‘succinct’’. 
(B) Paragraph (2) of such section is 
amended by striking ‘‘summary’’ each place it 
appears and inserting ‘‘statement’’. 
(C) Paragraph (3) of such section is 
amended by striking ‘‘an explanation’’ and in-
serting ‘‘a detailed explanation’’. 
(D) Paragraphs (3), (4), and (5) of such 
section are each amended by inserting ‘‘de-
tailed’’ before ‘‘description’’. 
(2) INCLUSION OF RESPONSE TO COMMENTS ON 
CERTIFICATION
OF
PROPOSED
RULE.—Paragraph 
(2) of section 604(a) of title 5, United States Code, 
is amended by inserting ‘‘(or certification of the pro-
posed rule under section 605(b))’’ after ‘‘initial reg-
ulatory flexibility analysis’’. 
(3) INCLUSION
OF
RESPONSE
TO
COMMENTS 
FILED BY CHIEF COUNSEL FOR ADVOCACY.—Sub-
section (a) of section 604 of title 5, United States 
Code, is amended by redesignating paragraphs (3), 
(4), and (5) as paragraphs (4), (5), and (6), respec-
tively, and inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3) the agency’s response to any comments 
filed by the Chief Counsel for Advocacy in response 
to the proposed rule, and a detailed statement of 
any changes made to the proposed rule in the final 
rule as a result of such comments;’’. 
(4) PUBLICATION OF ANALYSIS ON WEBSITE, 
ETC.—Subsection (b) of section 604 of title 5, 
United States Code, is amended to read as follows: 
‘‘(b) The agency shall make copies of the final regu-
latory 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 regu-
latory flexibility analysis, or a summary thereof which in-
cludes the telephone number, mailing address, and link to 
the website where the complete analysis may be ob-
tained.’’. 
(c) CROSS-REFERENCES
TO OTHER ANALYSES.— 
Subsection (a) of section 605 of title 5, United States 
Code, is amended to read as follows: 
‘‘(a) A Federal agency shall be treated as satisfying 
any requirement regarding the content of an agenda or 
regulatory flexibility analysis under section 602, 603, or 
604, if such agency provides in such agenda or analysis 
a cross-reference to the specific portion of another agenda
or analysis which is required by any other law and which 
satisfies such requirement.’’. 
(d) CERTIFICATIONS.—Subsection (b) of such section 
is amended— 
(1) by inserting ‘‘detailed’’ before ‘‘statement’’; 
and 
(2) by inserting ‘‘and legal’’ after ‘‘factual’’. 
(e) QUANTIFICATION REQUIREMENTS.—Section 607 
of title 5, United States Code, is amended to read as fol-
lows: 
‘‘§ 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 alter-
natives 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.’’. 
SEC. 5. REPEAL OF PROCEDURE FOR WAIVER AND DELAY. 
(a) IN GENERAL.—Title 5, United States Code, is 
amended by striking section 608. 
(b) CONFORMING AMENDMENTS.—
(1) Paragraphs (1) and (2) of section 611(a) of 
title 5, United States Code, are each amended by 
striking ‘‘608(b),’’. 
(2) Paragraph (3) of such section is amended— 
(A) by striking subparagraph (B); and 
(B) by striking ‘‘(3)(A) A small entity’’ 
and inserting the following: 
‘‘(3) A small entity’’. 
SEC. 6. PROCEDURES FOR GATHERING COMMENTS. 
Section 609 of title 5, United States Code, is amend-
ed by striking subsection (b) and all that follows and in-
serting the following new subsections: 
‘‘(b)(1) Prior to publication of any proposed rule de-
scribed in subsection (e), an agency making such rule shall 
notify the Chief Counsel for Advocacy 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 para-
graph (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 that term is defined in section 3502(5) 
of title 44, United States Code. 
‘‘(c) Not later than 15 days after the receipt of such 
information, the Chief Counsel for Advocacy shall— 
‘‘(1) identify small entities or representatives of 
small entities or a combination of both for the pur-
pose of obtaining advice, input, and recommenda-
tions from those persons about the potential eco-
nomic impacts of the proposed rule and the compli-
ance of the agency with section 603 or section 
605(b) of this title; and 
‘‘(2) convene a review panel consisting of an 
employee from the Office of Advocacy, 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) of title 44, 
United States Code), an employee from the Office of 
Information and Regulatory Affairs of the Office of
Management and Budget to review the information 
provided to the Chief Counsel under subsection (b). 
‘‘(d)(1) Not later than 60 days after the review panel 
described in subsection (c)(2) is convened, the Chief Coun-
sel for Advocacy shall, after consultation with the mem-
bers of such panel, submit a report to the agency and, 
in the case of an agency other than an independent regu-
latory agency (as defined in section 3502(5) of title 44, 
United States Code), the Office of Information and Regu-
latory Affairs of the Office of Management and Budget. 
‘‘(2) Such report shall include an assessment of the 
impact of the proposed rule on small entities and a discus-
sion of any alternatives that will minimize adverse eco-
nomic impacts or maximize beneficial 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 re-
sponse to such report. 
‘‘(e) A proposed rule is described by this subsection 
if the Administrator of the Office of Information and Reg-
ulatory 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 deter-
mines 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 con-
sumers, individual industries, Federal, State, or local 
governments, tribal organizations, or geographic re-
gions; 
‘‘(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 sub-
stantial number of small entities. 
‘‘(f) Upon application by the agency, the Chief Coun-
sel for Advocacy may waive the requirements of sub-
sections (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.’’. 
SEC. 7. PERIODIC REVIEW OF RULES. 
Section 610 of title 5, United States Code, is amend-
ed to read as follows: 
‘‘§ 610. Periodic review of rules 
‘‘(a) Not later than 180 days after the enactment of 
the Regulatory Flexibility Improvements Act, each agency
shall publish in the Federal Register and place on its 
website a plan for the periodic review of rules issued by 
the agency which the head of the agency determines has 
a significant economic impact on a substantial number of 
small entities. Such determination shall be made without 
regard to whether the agency performed an analysis under 
section 604. The purpose of the review shall be to deter-
mine whether such rules should be continued without 
change, or should be amended or rescinded, consistent 
with the stated objectives of applicable statutes, to mini-
mize any significant adverse economic impacts or maxi-
mize any significant beneficial economic impacts on a sub-
stantial number of small entities. Such plan may be 
amended by the agency at any time by publishing the revi-
sion in the Federal Register and subsequently placing the 
amended plan on the agency’s website. 
‘‘(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 within 10 years 
of the date of publication of the plan in the Federal Reg-
ister and for review of rules adopted after the date of en-
actment of the Regulatory Flexibility Improvements Act 
within 10 years after the publication of the final rule in 
the Federal Register. If the head of the agency determines 
that completion of the review of existing rules is not fea-
sible by the established date, the head of the agency shall 
so certify in a statement published in the Federal Register 
and may extend the review for not longer than 2 years 
after publication of notice of extension in the Federal Reg-
ister. Such certification and notice shall be sent to the 
Chief Counsel for Advocacy and the Congress. 
‘‘(c) Each agency shall annually submit a report re-
garding the results of its review pursuant to such plan 
to the Congress and, in the case of agencies other than 
independent regulatory agencies (as defined in section 
3502(5) of title 44, United States Code) to the Adminis-
trator of the Office of Information and Regulatory Affairs 
of the Office of Management and Budget. Such report 
shall include the identification of any rule with respect to 
which the head of the agency made a determination de-
scribed in paragraph (5) or (6) of subsection (d) and a 
detailed explanation of the reasons for such determination. 
‘‘(d) In reviewing rules under such plan, 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. 
‘‘(4) The complexity of the rule.
‘‘(5) The extent to which the rule overlaps, du-
plicates, or conflicts with other Federal rules and, 
unless the head of the agency determines it to be in-
feasible, State and local rules. 
‘‘(6) The contribution of the rule to the cumu-
lative 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 (c). 
‘‘(7) The length of time since the rule has been 
evaluated or the degree to which technology, eco-
nomic conditions, or other factors have changed in 
the area affected by the rule. 
‘‘(e) 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 de-
scription of the rule, the reason why the agency deter-
mined that it has a significant economic impact on a sub-
stantial number of small entities (without regard to wheth-
er it had prepared a final regulatory flexibility analysis 
for the rule), and request comments from the public, the 
Chief Counsel for Advocacy, and the Regulatory Enforce-
ment Ombudsman concerning the enforcement of the 
rule.’’.
SEC. 8. JUDICIAL REVIEW OF COMPLIANCE WITH THE RE-
QUIREMENTS OF THE REGULATORY FLEXI-
BILITY ACT AVAILABLE AFTER PUBLICATION 
OF THE FINAL RULE. 
(a) IN GENERAL.—Paragraph (1) of section 611(a) 
of title 5, United States Code, is amended by striking 
‘‘final agency action’’ and inserting ‘‘such rule’’. 
(b) JURISDICTION.—Paragraph (2) of such section is 
amended by inserting ‘‘(or which would have such jurisdic-
tion if publication of the final rule constituted final agency 
action)’’ after ‘‘provision of law,’’. 
(c) TIME FOR BRINGING ACTION.—Paragraph (3) of 
such section (as amended by section 5(b)(2)) is amend-
ed— 
(1) by striking ‘‘final agency action’’ and insert-
ing ‘‘publication of the final rule’’; and 
(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,’’ after ‘‘ex-
cept that’’. 
(d) INTERVENTION BY CHIEF COUNSEL FOR ADVO-
CACY.—Subsection (b) of section 612 of title 5, United 
States Code, is amended by inserting before the first pe-
riod ‘‘or agency compliance with section 601, 604, 605(b), 
609, or 610’’.
SEC. 9. ESTABLISHMENT AND APPROVAL OF SMALL BUSI-
NESS 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)) is amended to read as follows: 
‘‘(A) IN GENERAL.—In addition to the cri-
teria specified in paragraph (1)— 
‘‘(i) the Administrator may specify de-
tailed 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)) is amended to read as follows: 
‘‘(iii) except in the case of a size 
standard prescribed by the Administrator, 
is approved by the Chief Counsel for Advo-
cacy.’’.
(c) INDUSTRY VARIATION.—Paragraph (3) of section 
3(a) of the Small Business Act (15 U.S.C. 632(a)(3)) is 
amended— 
(1) by inserting ‘‘and Chief Counsel for Advo-
cacy’’ before ‘‘shall ensure’’; and 
(2) by inserting ‘‘or Chief Counsel for Advo-
cacy’’ before the period at the end. 
(d) JUDICIAL REVIEW
OF SIZE STANDARDS AP-
PROVED BY CHIEF COUNSEL.—Section 3(a) of the Small 
Business Act (15 U.S.C. 632(a)) is amended by adding 
at the end the following new paragraph: 
‘‘(4) 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.’’. 
SEC. 10. ADDITIONAL POWERS OF THE CHIEF COUNSEL 
FOR ADVOCACY. 
(a) IN GENERAL.—Chapter 6 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 613. Additional powers of Chief Counsel for Advo-
cacy 
‘‘(a)(1) Not later than 270 days after the date of the 
enactment of the Regulatory Flexibility Improvements 
Act, the Chief Counsel for Advocacy shall, after oppor-
tunity for notice and comment under section 553, issue 
rules governing agency compliance with this chapter. The 
Chief Counsel may modify or amend such rules after no-
tice and comment under section 553. This chapter (other 
than this subsection and section 614) shall not apply with 
respect to the issuance, modification, and amendment of 
rules under this paragraph. 
‘‘(2) An agency shall not issue rules which supple-
ment the rules issued under subsection (a) unless such 
agency has first consulted with the Chief Counsel for Ad-
vocacy to ensure that such supplemental rules comply with 
this chapter and the rules issued under paragraph (1). 
‘‘(b) Notwithstanding any other law, the Chief Coun-
sel for Advocacy may intervene in any adjudication before 
any Federal agency (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 Coun-
sel shall not initiate an appeal with respect to any adju-
dication in which the Chief Counsel intervenes under this 
subsection.