Homeland Security and Governmental Affairs Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
This legislation, known as the Small Business Regulatory Flexibility Improvements Act , aims to strengthen the Regulatory Flexibility Act (RFA) by expanding its scope and enhancing requirements for federal agencies to consider the impact of their rules on small entities. It broadens the definition of a "rule" to include not only direct but also indirect economic effects on small entities, such as compliance costs and revenue impacts, even if those entities are not directly regulated. The bill also mandates that analyses consider both adverse and beneficial significant economic impacts. The Act expands the types of entities and actions covered by the RFA. It includes Tribal organizations in the definition of small governmental jurisdictions and brings land management plans developed by the Departments of Agriculture and Interior under the RFA's analysis requirements. Furthermore, certain interpretive rules involving internal revenue laws and recordkeeping requirements are now subject to RFA analysis. Agencies are now required to provide more detailed information in their initial and final regulatory flexibility analyses. These analyses must include estimates of cumulative economic impact, descriptions of disproportionate impacts on small entities, and any impairment to small entities' access to credit. Certifications that a rule will not have a significant economic impact must now be supported by a detailed factual and legal statement , including an economic assessment. The bill significantly enhances the powers of the Chief Counsel for Advocacy of the Small Business Administration. The Chief Counsel is authorized to issue rules governing agency compliance with the RFA, intervene in agency adjudications (excluding those with fines or penalties), and file comments on agency notices. This aims to ensure more robust oversight and advocacy for small businesses. New procedures are established for gathering comments on proposed rules likely to have a significant economic impact. Agencies must notify the Chief Counsel for Advocacy and provide relevant materials, leading to the formation of a review panel . This panel, including representatives from the Office of Advocacy and the proposing agency, will assess the rule's economic impact on small entities, including energy costs and startup costs, and suggest alternatives. The legislation also mandates a comprehensive periodic review of existing rules that significantly impact small entities. Agencies must publish a plan for reviewing these rules every 10 years, with the goal of amending or rescinding them to minimize adverse or maximize beneficial economic impacts. This review must include outreach to various small business concerns, including those owned by women, veterans, and socially/economically disadvantaged individuals. Finally, the bill introduces a new provision under the Paperwork Reduction Act, establishing a waiver for civil fines for first-time paperwork violations by small business concerns. This waiver applies unless the violation poses serious public harm, impedes criminal activity detection, relates to internal revenue laws, or is not corrected within six months. An exception for public health or safety violations allows for a 24-hour correction period under certain circumstances.
Small Business Regulatory Flexibility Improvements Act
USA119th CongressS-5178| Senate
| Updated: 7/30/2026
This legislation, known as the Small Business Regulatory Flexibility Improvements Act , aims to strengthen the Regulatory Flexibility Act (RFA) by expanding its scope and enhancing requirements for federal agencies to consider the impact of their rules on small entities. It broadens the definition of a "rule" to include not only direct but also indirect economic effects on small entities, such as compliance costs and revenue impacts, even if those entities are not directly regulated. The bill also mandates that analyses consider both adverse and beneficial significant economic impacts. The Act expands the types of entities and actions covered by the RFA. It includes Tribal organizations in the definition of small governmental jurisdictions and brings land management plans developed by the Departments of Agriculture and Interior under the RFA's analysis requirements. Furthermore, certain interpretive rules involving internal revenue laws and recordkeeping requirements are now subject to RFA analysis. Agencies are now required to provide more detailed information in their initial and final regulatory flexibility analyses. These analyses must include estimates of cumulative economic impact, descriptions of disproportionate impacts on small entities, and any impairment to small entities' access to credit. Certifications that a rule will not have a significant economic impact must now be supported by a detailed factual and legal statement , including an economic assessment. The bill significantly enhances the powers of the Chief Counsel for Advocacy of the Small Business Administration. The Chief Counsel is authorized to issue rules governing agency compliance with the RFA, intervene in agency adjudications (excluding those with fines or penalties), and file comments on agency notices. This aims to ensure more robust oversight and advocacy for small businesses. New procedures are established for gathering comments on proposed rules likely to have a significant economic impact. Agencies must notify the Chief Counsel for Advocacy and provide relevant materials, leading to the formation of a review panel . This panel, including representatives from the Office of Advocacy and the proposing agency, will assess the rule's economic impact on small entities, including energy costs and startup costs, and suggest alternatives. The legislation also mandates a comprehensive periodic review of existing rules that significantly impact small entities. Agencies must publish a plan for reviewing these rules every 10 years, with the goal of amending or rescinding them to minimize adverse or maximize beneficial economic impacts. This review must include outreach to various small business concerns, including those owned by women, veterans, and socially/economically disadvantaged individuals. Finally, the bill introduces a new provision under the Paperwork Reduction Act, establishing a waiver for civil fines for first-time paperwork violations by small business concerns. This waiver applies unless the violation poses serious public harm, impedes criminal activity detection, relates to internal revenue laws, or is not corrected within six months. An exception for public health or safety violations allows for a 24-hour correction period under certain circumstances.