‘‘(3) REPORT.—Before issuing a notice of pro-
posed rulemaking in the Federal Register regarding 
the issuance of a proposed significant rule, the head 
of the Federal agency or the independent regulatory 
agency seeking to issue the rule shall— 
‘‘(A) submit the results of the review con-
ducted under paragraph (1) to the appropriate 
congressional committees; and 
‘‘(B) post the results of the review con-
ducted under paragraph (1) on a publicly avail-
able website. 
‘‘(4) JUDICIAL
REVIEW.—Any determinations 
made, or other actions taken, by an agency or inde-
pendent regulatory agency under this subsection 
shall not be subject to judicial review. 
‘‘(5) DEFINED TERM.—In this subsection the 
term ‘significant rule’ means a rule that is likely 
to— 
‘‘(A) have an annual effect on the economy 
of $100,000,000 or more; 
‘‘(B) adversely affect, in a material way, 
the economy, a sector of the economy, produc-
tivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal gov-
ernments or communities; or 
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‘‘(C) create a serious inconsistency or oth-
erwise interfere with an action taken or planned 
by another agency.’’. 
SEC. 10. BIENNIAL STATE STARTUP BUSINESS REPORT. 
(a) DATA COLLECTION.—The Secretary of Com-
merce shall regularly compile information from each of the 
50 States and the District of Columbia on State laws that 
affect the formation and growth of new businesses within 
the State or District. 
(b) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, and every 2 years there-
after, the Secretary, using data compiled under subsection 
(a), shall prepare a report that— 
(1) analyzes the economic effect of State and 
District laws that either encourage or inhibit busi-
ness formation and growth; and 
(2) ranks the States and the District based on 
the effectiveness with which their laws foster new 
business creation and economic growth. 
(c) DISTRIBUTION.—The Secretary shall— 
(1) submit each report prepared under sub-
section (b) to Congress; and 
(2) make each report available to the public on 
the Department of Commerce’s website. 
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(d) INCLUSION OF LARGE METROPOLITAN AREAS.— 
Not later than 90 days after the submission of the first 
report under this section, the Secretary of Commerce shall 
submit to Congress a study on the feasibility and advis-
ability of including, in future reports, information about 
the effect of local laws and ordinances on the formation 
and growth of new businesses in large metropolitan areas 
within the United States. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 11. NEW BUSINESS FORMATION REPORT. 
(a) IN GENERAL.—The Secretary of Commerce shall 
regularly compile quantitative and qualitative information 
on businesses in the United States that are not more than 
1 year old. 
(b) DATA COLLECTION.—The Secretary shall— 
(1) regularly compile information from the Bu-
reau of the Census’ business register on new busi-
ness formation in the United States; and 
(2) conduct quarterly surveys of business own-
ers who start a business during the 1-year period 
ending on the date on which such survey is con-
ducted to gather qualitative information about the 
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factors that influenced their decision to start the 
business. 
(c) RANDOM
SAMPLING.—In conducting surveys 
under subsection (b)(2), the Secretary may use random 
sampling to identify a group of business owners who are 
representative of all the business owners described in sub-
section (b)(2). 
(d) BENEFITS.—The Secretary shall inform business 
owners selected to participate in a survey conducted under 
this section of the benefits they would receive from partici-
pating in the survey. 
(e) VOLUNTARY PARTICIPATION.—Business owners 
selected to participate in a survey conducted under this 
section may decline to participate without penalty. 
(f) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, and every 3 months 
thereafter, the Secretary shall use the data compiled under 
subsection (b) to prepare a report that— 
(1) lists the aggregate number of new busi-
nesses formed in the United States; 
(2) lists the aggregate number of persons em-
ployed by new businesses formed in the United 
States; 
(3) analyzes the payroll of new businesses 
formed in the United States; 
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(4) summarizes the data collected under sub-
section (b); and 
(5) identifies the most effective means by which 
government officials can encourage the formation 
and growth of new businesses in the United States. 
(g) DISTRIBUTION.—The Secretary shall— 
(1) submit each report prepared under sub-
section (f) to Congress; and 
(2) make each report available to the public on 
the Department of Commerce’s website. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 12. RESCISSION OF UNSPENT FEDERAL FUNDS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, of all available unobligated funds for fiscal 
year 2013, the amount necessary to carry out this Act and 
the amendments made by this Act in appropriated discre-
tionary funds are hereby rescinded. 
(b) IMPLEMENTATION.—The Director of the Office of 
Management and Budget shall determine and identify 
from which appropriation accounts the rescission under 
subsection (a) shall apply and the amount of such rescis-
sion that shall apply to each such account. Not later than 
60 days after the date of the enactment of this Act, the 
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Director of the Office of Management and Budget shall 
submit a report to the Secretary of the Treasury and Con-
gress of the accounts and amounts determined and identi-
fied for rescission under the preceding sentence. 
Æ 
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