Small Business Committee, Judiciary Committee, Oversight and Government Reform Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The "Small Business Regulatory Flexibility Improvements Act" seeks to significantly enhance how federal agencies assess and mitigate the impact of regulations on small entities. It broadens the definition of a "rule" under the Regulatory Flexibility Act (RFA) to include a wider range of agency actions, ensuring more comprehensive oversight. Crucially, the bill expands the concept of "economic impact" to encompass both direct and indirect effects on small entities, such as compliance costs and revenue changes, even if those entities are not directly regulated. It also extends RFA coverage to tribal organizations and land management plans, requiring analysis of their impact. The legislation mandates more rigorous and detailed analyses from agencies when proposing and finalizing rules. Initial and final regulatory flexibility analyses must now include estimates of cumulative economic impact , descriptions of disproportionate economic impact on specific small entity classes, and an assessment of any impairment to small entities' access to credit. Agencies are also required to quantify the effects of rules or provide detailed explanations if quantification is not feasible. Furthermore, the entire final regulatory flexibility analysis must be made publicly available on the agency's website. The bill significantly strengthens the authority and oversight capabilities of the Chief Counsel for Advocacy (CCA) of the Small Business Administration. The CCA is empowered to issue binding rules governing agency compliance with the RFA and can intervene in agency adjudications to highlight potential impacts on small entities. For significant proposed rules, agencies must now notify the CCA, provide draft materials, and participate in a review panel convened by the CCA to assess economic impacts and suggest alternatives. This report becomes part of the rulemaking record. Agencies are now required to establish and publish plans for the periodic review of existing rules that significantly impact small entities. This review, to be completed within ten years, aims to amend or rescind rules to minimize adverse or maximize beneficial economic impacts, consistent with statutory objectives. The plans must include detailed strategies for outreach to and meaningful inclusion of small businesses , including those owned by women, veterans, and socially/economically disadvantaged individuals. Annual reports on these reviews must be submitted to Congress and the CCA. The bill clarifies that judicial review of agency compliance with RFA requirements is available after the publication of a final rule, allowing the CCA to intervene in such cases. It also grants the CCA new authority to specify small business size definitions and standards for purposes of other federal acts, subject to the CCA's approval. This provision aims to ensure that small business definitions are consistently applied and appropriately tailored across various regulatory contexts. A key provision introduces a general waiver of civil fines for first-time paperwork violations by small businesses . Agencies are prohibited from imposing fines for such violations unless specific exceptions apply, such as serious harm to public interest, impeding criminal activity, or uncorrected violations. For violations posing a danger to public health or safety, agencies may still waive fines if the issue is corrected within 24 hours, considering factors like the nature of the violation and good faith efforts. If a fine is imposed for a public health or safety violation without allowing 24-hour correction, Congress must be notified.
Small Business Regulatory Flexibility Improvements Act
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 13 - 12.
Small Business Regulatory Flexibility Improvements Act
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 13 - 12.
Committee Consideration and Mark-up Session Held
Government Operations and Politics
Administrative law and regulatory proceduresAdministrative remediesBusiness recordsCivil actions and liabilityCompetitiveness, trade promotion, trade deficitsCongressional oversightEconomic performance and conditionsFederal appellate courtsFederal-Indian relationsForests, forestry, treesGovernment information and archivesGovernment studies and investigationsIndustrial policy and productivityJudicial review and appealsJurisdiction and venueLand use and conservationSmall businessSmall Business AdministrationTax administration and collection, taxpayers
Small Business Regulatory Flexibility Improvements Act
USA119th CongressHR-421| House
| Updated: 6/10/2025
The "Small Business Regulatory Flexibility Improvements Act" seeks to significantly enhance how federal agencies assess and mitigate the impact of regulations on small entities. It broadens the definition of a "rule" under the Regulatory Flexibility Act (RFA) to include a wider range of agency actions, ensuring more comprehensive oversight. Crucially, the bill expands the concept of "economic impact" to encompass both direct and indirect effects on small entities, such as compliance costs and revenue changes, even if those entities are not directly regulated. It also extends RFA coverage to tribal organizations and land management plans, requiring analysis of their impact. The legislation mandates more rigorous and detailed analyses from agencies when proposing and finalizing rules. Initial and final regulatory flexibility analyses must now include estimates of cumulative economic impact , descriptions of disproportionate economic impact on specific small entity classes, and an assessment of any impairment to small entities' access to credit. Agencies are also required to quantify the effects of rules or provide detailed explanations if quantification is not feasible. Furthermore, the entire final regulatory flexibility analysis must be made publicly available on the agency's website. The bill significantly strengthens the authority and oversight capabilities of the Chief Counsel for Advocacy (CCA) of the Small Business Administration. The CCA is empowered to issue binding rules governing agency compliance with the RFA and can intervene in agency adjudications to highlight potential impacts on small entities. For significant proposed rules, agencies must now notify the CCA, provide draft materials, and participate in a review panel convened by the CCA to assess economic impacts and suggest alternatives. This report becomes part of the rulemaking record. Agencies are now required to establish and publish plans for the periodic review of existing rules that significantly impact small entities. This review, to be completed within ten years, aims to amend or rescind rules to minimize adverse or maximize beneficial economic impacts, consistent with statutory objectives. The plans must include detailed strategies for outreach to and meaningful inclusion of small businesses , including those owned by women, veterans, and socially/economically disadvantaged individuals. Annual reports on these reviews must be submitted to Congress and the CCA. The bill clarifies that judicial review of agency compliance with RFA requirements is available after the publication of a final rule, allowing the CCA to intervene in such cases. It also grants the CCA new authority to specify small business size definitions and standards for purposes of other federal acts, subject to the CCA's approval. This provision aims to ensure that small business definitions are consistently applied and appropriately tailored across various regulatory contexts. A key provision introduces a general waiver of civil fines for first-time paperwork violations by small businesses . Agencies are prohibited from imposing fines for such violations unless specific exceptions apply, such as serious harm to public interest, impeding criminal activity, or uncorrected violations. For violations posing a danger to public health or safety, agencies may still waive fines if the issue is corrected within 24 hours, considering factors like the nature of the violation and good faith efforts. If a fine is imposed for a public health or safety violation without allowing 24-hour correction, Congress must be notified.
Small Business Regulatory Flexibility Improvements Act
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 13 - 12.
Small Business Regulatory Flexibility Improvements Act
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 13 - 12.
Small Business Committee, Judiciary Committee, Oversight and Government Reform Committee
Government Operations and Politics
Introduced
In Committee
On Floor
Passed Chamber
Enacted
Administrative law and regulatory proceduresAdministrative remediesBusiness recordsCivil actions and liabilityCompetitiveness, trade promotion, trade deficitsCongressional oversightEconomic performance and conditionsFederal appellate courtsFederal-Indian relationsForests, forestry, treesGovernment information and archivesGovernment studies and investigationsIndustrial policy and productivityJudicial review and appealsJurisdiction and venueLand use and conservationSmall businessSmall Business AdministrationTax administration and collection, taxpayers