Clarification and expansion of rules covered by the Regulatory Flexibility Act

(a) In general Section 601(2) of title 5, United States Code, is amended to read as follows: (2) Rule The term rule — (A) has the meaning given the term in section 551; and (B) does not include— (i) a rule pertaining to the protection of the rights of and benefits for veterans or part 232 of title 32, Code of Federal Regulations (as in effect on July 1, 2014), or any successor provisions thereto; or (ii) a rule of particular (and not general) applicability relating to rates, wages, corporate or financial structures or reorganizations 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 effects Section 601 of title 5, United States Code, is amended by adding at the end the following: (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 (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 Section 603(c) of title 5, United States Code, is amended by striking the first sentence and inserting 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 Section 604(a) of title 5, United States Code, is amended— (A) by redesignating the second paragraph designated as paragraph (6) (relating to covered agencies) as paragraph (7); and (B) in paragraph (6), by striking minimize the significant economic impact and inserting minimize the adverse significant economic impact or maximize the beneficial significant economic impact. (d) Inclusion of rules affecting tribal organizations Section 601(5) of title 5, United States Code, is amended by striking or special districts and inserting, special districts, or Tribal organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l))),. (e) Inclusion of land management plans and formal rule making (1) Initial regulatory flexibility analysis Section 603(a) of title 5, United States Code, is amended in the first sentence— (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 analysis Section 604(a) of title 5, United States Code, is amended in the first sentence— (A) by striking or after proposed rulemaking,; and (B) by inserting or adopts a revision or amendment to a land management plan, after section 603(a),. (3) Land management plan defined Section 601 of title 5, United States Code, as amended by subsections (a) and (b), is amended by adding at the end the following: (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 Rangeland Renewable Resources Planning 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 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 Renewable 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 section 1610.5–6 of title 43, Code of Federal Regulations (or any successor regulation). (C) Amendment The term amendment 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 Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(4)) and with respect to which the Secretary of Agriculture prepares 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 section 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 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 Section 603(a) of title 5, United States Code, as amended by subsection (e), is amended by striking the period at the end and inserting or a recordkeeping requirement, and without regard to whether such recordkeeping requirement is imposed by statute or regulation.. (2) Collection of information Section 601(7) 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 the term in section 3502 of title 44.. (3) Recordkeeping requirement Section 601(8) of title 5, United States Code, is amended to read as follows: (8) Recordkeeping requirement The term recordkeeping requirement has the meaning given the term in section 3502 of title 44.. (g) Definition of small organization Section 601(4) of title 5, United States Code, is amended to read as follows: (4) Small organization (A) In general The term small organization means any nonprofit enterprise which, as of the issuance of a notice of proposed 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 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..