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) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on Small Business, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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 (com-
monly known as the Regulatory Flexibility Act), to en-
sure complete analysis of potential impacts on small enti-
ties of rules, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 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 Flexi-
bility 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. 2. CLARIFICATION AND EXPANSION OF RULES COV-
ERED BY THE REGULATORY FLEXIBILITY 
ACT. 
(a) IN GENERAL.—Paragraph (2) of section 601 of 
title 5, United States Code, is amended to read as follows: 
‘‘(2) RULE.—The term ‘rule’ has the meaning 
given such term in section 551(4) of this title, ex-
cept that such term does not include a rule of par-
ticular (and not general) applicability relating to 
rates, wages, corporate or financial structures or re-
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organizations thereof, prices, facilities, appliances, 
services, or allowances therefor or to valuations, 
costs or accounting, or practices relating to such 
rates, wages, structures, prices, appliances, services, 
or allowances.’’. 
(b) INCLUSION
OF RULES WITH INDIRECT EF-
FECTS.—Section 601 of title 5, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(9) ECONOMIC IMPACT.—The term ‘economic 
impact’ means, with respect to a proposed or final 
rule— 
‘‘(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 re-
sults from such rule (without regard to whether 
small entities will be directly regulated by the 
rule).’’. 
(c) INCLUSION OF RULES WITH BENEFICIAL EF-
FECTS.— 
(1) INITIAL REGULATORY FLEXIBILITY ANAL-
YSIS.—Subsection (c) of section 603 of title 5, 
United States Code, is amended by striking the first 
sentence and inserting ‘‘Each initial regulatory flexi-
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bility analysis shall also contain a detailed descrip-
tion of alternatives to the proposed rule which mini-
mize any adverse significant economic impact or 
maximize any beneficial significant economic impact 
on small entities.’’. 
(2) FINAL
REGULATORY
FLEXIBILITY
ANAL-
YSIS.—The first paragraph (6) of section 604(a) of 
title 5, United States Code, is amended by striking 
‘‘minimize the significant economic impact’’ and in-
serting ‘‘minimize the adverse significant economic 
impact or maximize the beneficial significant eco-
nomic impact’’. 
(d) INCLUSION OF RULES AFFECTING TRIBAL ORGA-
NIZATIONS.—Paragraph (5) of section 601 of title 5, 
United States Code, is amended by inserting ‘‘and tribal 
organizations (as defined in section 4(l) of the Indian Self- 
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— 
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(A) by striking ‘‘or’’ after ‘‘proposed 
rule,’’; and 
(B) by inserting ‘‘or publishes a revision or 
amendment to a land management plan,’’ 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 ‘‘or adopts a revision or 
amendment to a land management plan,’’ after 
‘‘section 603(a),’’. 
(3) LAND MANAGEMENT PLAN DEFINED.—Sec-
tion 601 of title 5, United States Code, is 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 
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‘‘(ii) any plan developed by the Sec-
retary 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’ 
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-
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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.— 
(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: 
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‘‘(7) COLLECTION OF INFORMATION.—The term 
‘collection of information’ has the meaning given 
such term in section 3502(3) of title 44.’’. 
(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.’’. 
(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 
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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) 
AGENCY
DEFINITIONS.—Subpara-
graphs (A) and (B) shall not apply to the ex-
tent that an agency, after consultation with the 
Office of Advocacy of the Small Business Ad-
ministration and after opportunity for public 
comment, establishes one or more definitions 
for such term which are appropriate to the ac-
tivities of the agency and publishes such defini-
tions in the Federal Register.’’. 
SEC. 3. EXPANSION OF REPORT OF REGULATORY AGENDA. 
Section 602 of title 5, United States Code, is amend-
ed— 
(1) in subsection (a)— 
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(A) in paragraph (2), by striking ‘‘, and’’ 
at the end and inserting ‘‘;’’; 
(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 agen-
das referenced in subsection (a) for each agency on its 
website within 3 days of their publication in the Federal 
Register.’’. 
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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; 
‘‘(6) estimating the additional cumulative eco-
nomic impact of the proposed rule on small entities 
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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) of title 5, 
United States Code, is amended— 
(A) in paragraph (4), by striking ‘‘an ex-
planation’’ and inserting ‘‘a detailed expla-
nation’’; 
(B) in each of paragraphs (4), (5), and the 
first paragraph (6), by inserting ‘‘detailed’’ be-
fore ‘‘description’’; and 
(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) 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’’. 
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(3) PUBLICATION OF ANALYSIS ON WEBSITE.— 
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 section 605 
of title 5, United States Code, is amended— 
(1) by inserting ‘‘detailed’’ before ‘‘statement’’ 
the first place it appears; and 
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(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 WAIVER AND DELAY AUTHORITY; ADDI-
TIONAL 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 Advo-
cacy 
‘‘(a)(1) Not later than 270 days after the date of the 
enactment of the Regulatory Flexibility Improvements Act 
of 2013, the Chief Counsel for Advocacy of the Small 
Business Administration shall, after opportunity for notice 
and comment under section 553, issue rules governing 
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agency compliance with this chapter. The Chief Counsel 
may modify or amend such rules after notice and comment 
under section 553. This chapter (other than this sub-
section) shall not apply with respect to the issuance, modi-
fication, 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 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 im-
pact 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 Coun-
sel intervenes under this subsection. 
‘‘(c) The Chief Counsel for Advocacy may file com-
ments in response to any agency notice requesting com-
ment, regardless of whether the agency is required to file 
a general notice of proposed rulemaking under section 
553.’’. 
(b) CONFORMING AMENDMENTS.— 
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(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 amend-
ed— 
(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 through 
the end of the section and inserting the following: 
‘‘(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 of the Small Busi-
ness 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. 
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‘‘(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 defined in section 3502(5) of title 44). 
‘‘(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 Administra-
tion 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; 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 agen-
cy other than an independent regulatory agency (as 
defined in section 3502(5) of title 44), an employee 
from the Office of Information and Regulatory Af-
fairs of the Office of Management and Budget to re-
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view the materials and 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 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 agen-
cy other than an independent regulatory agency (as de-
fined in section 3502(5) of title 44), the Office of Informa-
tion and Regulatory Affairs of the Office of Management 
and Budget. 
‘‘(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 discus-
sion of any alternatives that will minimize adverse signifi-
cant 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 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, 
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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 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, un-
necessary, 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: 
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‘‘§ 610. Periodic review of rules 
‘‘(a) Not later than 180 days after the enactment of 
the Regulatory Flexibility Improvements Act of 2013, 
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 deter-
mines have 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 determine whether such rules should be contin-
ued without change, or should be amended or rescinded, 
consistent with the stated objectives of applicable statutes, 
to minimize any adverse significant economic impacts or 
maximize any beneficial significant economic impacts on 
a substantial 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 of 2013 within 
10 years of the date of publication of the plan in the Fed-
eral Register and for review of rules adopted after the date 
of enactment of the Regulatory Flexibility Improvements 
Act of 2013 within 10 years after the publication of the 
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final rule in the Federal Register. If the head of the agen-
cy determines that completion of the review of existing 
rules is not feasible 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 Register. Such certification and notice shall 
be sent to the Chief Counsel for Advocacy of the Small 
Business Administration and the Congress. 
‘‘(c) The plan shall include a section that details how 
an agency will conduct outreach to and meaningfully in-
clude 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 gath-
er their input on existing agency rules. 
‘‘(d) Each agency shall annually submit a report re-
garding 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 agen-
cies other than independent regulatory agencies (as de-
fined in section 3502(5) of title 44) to the Administrator 
of the Office of Information and Regulatory Affairs of the 
Office of Management and Budget. Such report shall in-
clude the identification of any rule with respect to which 
the head of the agency made a determination described 
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in paragraph (5) or (6) of subsection (e) and a detailed 
explanation of the reasons for such determination. 
‘‘(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 great-
est 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, du-
plicates, or conflicts with other Federal rules and, 
unless the head of the agency determines it to be in-
feasible, State, territorial, and local rules. 
‘‘(6) The contribution of the rule to the cumu-
lative economic impact of all Federal rules on the 
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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, eco-
nomic 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 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 of the Small Business Admin-
istration, and the Regulatory Enforcement Ombudsman 
concerning the enforcement of the rule.’’. 
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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 is amended— 
(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, 603, 604, 
605(b), 609, or 610’’. 
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SEC. 9. JURISDICTION OF COURT OF APPEALS OVER RULES 
IMPLEMENTING THE REGULATORY FLEXI-
BILITY ACT. 
(a) IN GENERAL.—Section 2342 of title 28, United 
States Code, is amended— 
(1) in paragraph (6), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (7), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8) all final rules under section 608(a) of title 
5.’’. 
(b) CONFORMING AMENDMENTS.—Paragraph (3) of 
section 2341 of title 28, United States Code, is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(F) the Office of Advocacy of the Small 
Business Administration, when the final rule is 
under section 608(a) of title 5.’’. 
(c) AUTHORIZATION TO INTERVENE AND COMMENT 
ON AGENCY COMPLIANCE WITH ADMINISTRATIVE PROCE-
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DURE.—Subsection (b) of section 612 of title 5, United 
States Code, is amended by inserting ‘‘chapter 5, and 
chapter 7,’’ after ‘‘this chapter,’’. 
SEC. 10. 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, 
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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 ‘‘or Chief Counsel for Advo-
cacy, as appropriate’’ 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: 
‘‘(6) (9) JUDICIAL REVIEW OF STANDARDS AP-
PROVED BY CHIEF COUNSEL.—In the case of an ac-
tion for judicial review of a rule which includes a 
definition or standard approved by the Chief Counsel 
for Advocacy under this subsection, the party seek-
ing such review shall be entitled to join the Chief 
Counsel as a party in such action.’’. 
SEC. 11. CLERICAL AMENDMENTS. 
(a) Section 601 of title 5, United States Code, is 
amended— 
(1) in paragraph (1)— 
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(A) by striking the semicolon at the end 
and inserting a period; and 
(B) by striking ‘‘(1) the term’’ and insert-
ing the following: 
‘‘(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’’ and insert-
ing the following: 
‘‘(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’’ and insert-
ing the following: 
‘‘(5) SMALL GOVERNMENTAL JURISDICTION.— 
The term’’; and 
(4) in paragraph (6)— 
(A) by striking ‘‘; and’’ and inserting a pe-
riod; and 
(B) by striking ‘‘(6) the term’’ and insert-
ing the following: 
‘‘(6) SMALL ENTITY.—The term’’. 
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(b) The heading of section 605 of title 5, United 
States Code, is amended to read as follows: 
‘‘§ 605. Incorporations by reference and certifi-
cations’’. 
(c) The table of sections for chapter 6 of title 5, 
United States Code, is amended— 
(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 of title 5, United States Code, is 
amended as follows: 
(1) In section 603, by striking subsection (d). 
(2) In section 604(a) by striking the second 
paragraph (6). 
SEC. 12. AGENCY PREPARATION OF GUIDES. 
Section 212(a)(5) the Small Business Regulatory En-
forcement Fairness Act of 1996 (5 U.S.C. 601 note) is 
amended to read as follows: 
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‘‘(5) AGENCY PREPARATION OF GUIDES.—The 
agency shall, in its sole discretion, taking into ac-
count the subject matter of the rule and the lan-
guage 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.’’. 
SECTION 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 con-
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 pow-
ers 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 pub-
lication of the final rule. 
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Sec. 9. Jurisdiction of court of appeals over rules imple-
menting 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. 
SEC. 2. CLARIFICATION AND EXPANSION OF RULES COV-
ERED BY THE REGULATORY FLEXIBILITY 
ACT. 
(a) IN GENERAL.—Paragraph (2) of section 
601 of title 5, United States Code, is amended 
to read as follows: 
‘‘(2) RULE.—The term ‘rule’ has the 
meaning given such term in section 
551(4) of this title, except that such term 
does not include 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, corporate or financial struc-
tures or reorganizations thereof, prices, 
facilities, appliances, services, or allow-
ances therefor or to valuations, costs or 
accounting, or practices relating to such 
rates, wages, structures, prices, appli-
ances, services, or allowances.’’. 
(b) INCLUSION OF RULES WITH INDIRECT EF-
FECTS.—Section 601 of title 5, United States 
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Code, is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(9) ECONOMIC IMPACT.—The term ‘eco-
nomic impact’ means, with respect to a 
proposed or final rule— 
‘‘(A) any direct economic effect on 
small entities of such rule; and 
‘‘(B) any indirect economic effect 
(including compliance costs and ef-
fects on revenue) on small entities 
which is reasonably foreseeable and 
results from such rule (without re-
gard 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 of 
title 5, United States Code, is amended by 
striking the first sentence and inserting 
‘‘Each initial regulatory flexibility anal-
ysis shall also contain a detailed descrip-
tion of alternatives to the proposed rule 
which minimize any adverse significant 
economic impact or maximize any bene-
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ficial significant economic impact on 
small entities.’’. 
(2) 
FINAL
REGULATORY
FLEXIBILITY 
ANALYSIS.—The first paragraph (6) of sec-
tion 604(a) of title 5, United States Code, 
is amended by striking ‘‘minimize the sig-
nificant economic impact’’ and inserting 
‘‘minimize the adverse significant eco-
nomic impact or maximize the beneficial 
significant economic impact’’. 
(d) INCLUSION OF RULES AFFECTING TRIBAL 
ORGANIZATIONS.—Paragraph (5) of section 601 
of title 5, United States Code, is amended by 
inserting ‘‘and tribal organizations (as de-
fined in section 4(l) of the Indian Self-Deter-
mination 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 
ANALYSIS.—Subsection (a) of section 603 of 
title 5, United States Code, is amended in 
the first sentence— 
(A) by striking ‘‘or’’ after ‘‘pro-
posed rule,’’; and 
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(B) by inserting ‘‘or publishes a 
revision or amendment to a land 
management 
plan,’’ 
after 
‘‘United 
States,’’. 
(2) 
FINAL
REGULATORY
FLEXIBILITY 
ANALYSIS.—Subsection (a) of section 604 of 
title 5, United States Code, is amended in 
the first sentence— 
(A) by striking ‘‘or’’ after ‘‘pro-
posed rulemaking,’’; and 
(B) by inserting ‘‘or adopts a revi-
sion or amendment to a land manage-
ment plan,’’ after ‘‘section 603(a),’’. 
(3) LAND MANAGEMENT PLAN DEFINED.— 
Section 601 of title 5, United States Code, 
is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(10) LAND MANAGEMENT PLAN.— 
‘‘(A) IN GENERAL.—The term ‘land 
management plan’ means— 
‘‘(i) any plan developed by the 
Secretary of Agriculture under 
section 6 of the Forest and Range-
land Renewable Resources Plan-
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ning Act of 1974 (16 U.S.C. 1604); 
and 
‘‘(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 ‘revi-
sion’ means any change to a land 
management plan which— 
‘‘(i) in the case of a plan de-
scribed 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)); or 
‘‘(ii) in the case of a plan de-
scribed in subparagraph (A)(ii), is 
made under section 1610.5–6 of 
title 43, Code of Federal Regula-
tions (or any successor regula-
tion). 
‘‘(C) 
AMENDMENT.—The 
term 
‘amendment’ means any change to a 
land management plan which— 
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(f) INCLUSION
OF CERTAIN INTERPRETIVE 
RULES
INVOLVING
THE
INTERNAL
REVENUE 
LAWS.— 
(1) IN GENERAL.—Subsection (a) of sec-
tion 603 of title 5, United States Code, is 
amended by striking the period at the 
end and inserting ‘‘or a recordkeeping re-
quirement, and without regard to wheth-
er such requirement is imposed by stat-
ute 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.’’. 
(3) 
RECORDKEEPING
REQUIREMENT.— 
Paragraph (8) of section 601 of title 5, 
United States Code, is amended to read 
as follows: 
‘‘(8) RECORDKEEPING
REQUIREMENT.— 
The term ‘recordkeeping requirement’ 
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has the meaning given such term in sec-
tion 3502(13) of title 44.’’. 
(g) DEFINITION OF SMALL ORGANIZATION.— 
Paragraph (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 
organization’ means any not-for-prof-
it enterprise which, as of the issuance 
of 
the 
notice 
of 
proposed 
rule-
making— 
‘‘(i) in the case of an enter-
prise which is described by a clas-
sification code of the North Amer-
ican Industrial Classification Sys-
tem, does not exceed the size 
standard established by the Ad-
ministrator of the Small Business 
Administration pursuant to sec-
tion 3 of the Small Business Act 
(15 U.S.C. 632) for small business 
concerns described by such classi-
fication code; and 
‘‘(ii) in the case of any other 
enterprise, has a net worth that 
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does not exceed $7,000,000 and 
has not more than 500 employees. 
‘‘(B) 
LOCAL
LABOR
ORGANIZA-
TIONS.—In the case of any local labor 
organization, subparagraph (A) shall 
be applied without regard to any na-
tional or international organization 
of which such local labor organiza-
tion is a part. 
‘‘(C) 
AGENCY
DEFINITIONS.—Sub-
paragraphs (A) and (B) shall not 
apply to the extent that an agency, 
after consultation with the Office of 
Advocacy of the Small Business Ad-
ministration and after opportunity 
for public comment, establishes one 
or more definitions for such term 
which are appropriate to the activi-
ties of the agency and publishes such 
definitions in the Federal Register.’’. 
SEC. 3. EXPANSION OF REPORT OF REGULATORY AGENDA. 
Section 602 of title 5, United States Code, 
is amended— 
(1) in subsection (a)— 
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(A) in paragraph (2), by striking ‘‘, 
and’’ at the end and inserting ‘‘;’’; 
(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 Classi-
fication 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 fol-
lows: 
‘‘(c) Each agency shall prominently dis-
play a plain language summary of the infor-
mation 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 com-
pile and prominently display a plain language 
summary of the regulatory agendas ref-
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erenced in subsection (a) for each agency on 
its website within 3 days of their publication 
in the Federal Register.’’. 
SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED 
ANALYSES. 
(a) INITIAL REGULATORY FLEXIBILITY ANAL-
YSIS.—Subsection (b) of section 603 of title 5, 
United States Code, is amended to read as fol-
lows: 
‘‘(b) Each initial regulatory flexibility 
analysis required under this section shall con-
tain a detailed statement— 
‘‘(1) describing the reasons why ac-
tion 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 report-
ing, recordkeeping, and other compliance 
requirements of the proposed rule, in-
cluding an estimate of the classes of 
small entities which will be subject to the 
requirement and the type of professional 
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skills necessary for preparation of the re-
port 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 cumu-
lative 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 ANAL-
YSIS.— 
(1) IN GENERAL.—Section 604(a) of title 
5, United States Code, is amended— 
(A) in paragraph (4), by striking 
‘‘an explanation’’ and inserting ‘‘a de-
tailed explanation’’; 
(B) in each of paragraphs (4), (5), 
and the first paragraph (6), by insert-
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ing ‘‘detailed’’ before ‘‘description’’; 
and 
(C) by adding at the end the fol-
lowing: 
‘‘(7) describing any disproportionate 
economic impact on small entities or a 
specific class of small entities.’’. 
(2) INCLUSION
OF
RESPONSE
TO
COM-
MENTS
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 regulatory flexibility analysis’’. 
(3) 
PUBLICATION
OF
ANALYSIS
ON 
WEBSITE.—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 regulatory flexibility analysis available 
to the public, including placement of the en-
tire 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, 
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mailing address, and link to the website 
where the complete analysis may be ob-
tained.’’. 
(c) CROSS-REFERENCES
TO
OTHER
ANAL-
YSES.—Subsection (a) of section 605 of title 5, 
United States Code, is amended to read as fol-
lows: 
‘‘(a) A Federal agency shall be treated as 
satisfying any requirement regarding the con-
tent 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 an-
other agenda or analysis which is required by 
any other law and which satisfies such re-
quirement.’’. 
(d) CERTIFICATIONS.—Subsection (b) of sec-
tion 605 of title 5, United States Code, is 
amended— 
(1) by inserting ‘‘detailed’’ before 
‘‘statement’’ the first place it appears; and 
(2) by inserting ‘‘and legal’’ after ‘‘fac-
tual’’. 
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(e) QUANTIFICATION REQUIREMENTS.—Sec-
tion 607 of title 5, United States Code, is 
amended to read as follows: 
‘‘§ 607. Quantification requirements 
‘‘In complying with sections 603 and 604, 
an agency shall provide— 
‘‘(1) a quantifiable or numerical de-
scription of the effects of the proposed or 
final rule and alternatives to the pro-
posed or final rule; or 
‘‘(2) a more general descriptive state-
ment and a detailed statement explaining 
why quantification is not practicable or 
reliable.’’. 
SEC. 5. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDI-
TIONAL 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 Advo-
cacy 
‘‘(a)(1) Not later than 270 days after the 
date of the enactment of the Regulatory Flexi-
bility Improvements Act of 2013, the Chief 
Counsel for Advocacy of the Small Business 
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Administration shall, after opportunity for 
notice and comment under section 553, issue 
rules governing agency compliance with this 
chapter. The Chief Counsel may modify or 
amend such rules after notice and comment 
under section 553. This chapter (other than 
this subsection) shall not apply with respect 
to the issuance, modification, and amendment 
of rules under this paragraph. 
‘‘(2) 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 en-
sure 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 Busi-
ness 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 agen-
cy of the impact that any decision on the 
record may have on small entities. The Chief 
Counsel shall not initiate an appeal with re-
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spect 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 no-
tice requesting comment, regardless of wheth-
er the agency is required to file a general no-
tice 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 en-
tity’’ and inserting the following: 
‘‘(3) A small entity’’. 
SEC. 6. PROCEDURES FOR GATHERING COMMENTS. 
Section 609 of title 5, United States Code, 
is amended by striking subsection (b) and all 
that follows through the end of the section 
and inserting the following: 
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‘‘(b)(1) Prior to publication of any pro-
posed rule described in subsection (e), an 
agency making such rule shall notify the 
Chief Counsel for Advocacy of the Small Busi-
ness 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 ad-
verse 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) of title 44). 
‘‘(c) Not later than 15 days after the re-
ceipt of such materials and information under 
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