Executive Order 13272: Proper Consideration of Small Entities in Agency Rulemaking

President: George W. Bush

Required agencies to adopt procedures for considering effects of draft rules on small entities, notify and respond to the SBA Office of Advocacy in specified cases, and required Advocacy to train agencies and report annually to OMB.

Status: In effect.

Is Executive Order 13272 still in effect? Yes. Active; still used in agency rulemaking and SBA oversight.

What does Executive Order 13272 do?

The order assigned these duties: Rulemaking agencies — Adopt procedures, review draft rules and notify Advocacy of potentially significant small-entity effects; SBA Office of Advocacy — Issue notice, train agency staff, comment on draft rules and monitor compliance.

Checked the RFA rulemaking duties against the order and current SBA oversight material. The order calls for agency procedures and review; it does not exempt small entities from generally applicable statutes or rules.

SignedAugust 13, 2002
IssuerPresident George W. Bush
Lead agencies or officialsFederal rulemaking agencies, SBA Office of Advocacy and Office of Information and Regulatory Affairs
Express timingAdvocacy notice within 90 days; draft agency procedures within 90 days; final procedures within 180 days; annual reporting

Before and after

Before the order

The Regulatory Flexibility Act required analysis of significant small-entity effects, but implementation practices varied across agencies.

After the order

Agencies published procedures, Advocacy began government-wide training and annual compliance reporting, and rule preambles routinely address the order. The Small Business Jobs Act of 2010 placed related response-to-comments and training duties in statute. SBA continues to list EO 13272 as current rulemaking guidance.

Who had to do what

Agency / officeActionTiming / position
Rulemaking agenciesAdopt procedures, review draft rules and notify Advocacy of potentially significant small-entity effectsDraft procedures within 90 days; final within 180 days
SBA Office of AdvocacyIssue notice, train agency staff, comment on draft rules and monitor complianceInitial notice within 90 days; continuing
SBA Office of AdvocacyReport agency compliance to OMBAt least annually

What happened next

EO 13272 signed.

EO 13272 established the agency and Advocacy procedures.

The Small Business Jobs Act added related agency-response and training provisions to the RFA.

Advocacy published its FY 2023 annual report on RFA and EO 13272 implementation.