Regulatory Flexibility Improvements Act of 2011

Bill: 112-s-1938
Sponsor: Sen. Snowe, Olympia J. [R-ME]
Introduced: 2011-12-01 in the Senate
Policy area: Commerce
Subjects: Administrative law and regulatory procedures
Economic performance and conditions
Federal appellate courts
Government information and archives
Industrial policy and productivity
Judicial review and appeals
Jurisdiction and venue
Land use and conservation
Small Business Administration
Small business

Summary:
action_date: 2011-12-01
text: 
Regulatory Flexibility Improvements Act of 2011 - Amends the Regulatory Flexibility Act of 1980 (RFA) to revise the definition of &quot;rule&quot; under such Act to exclude a rule of particular (and not general) applicability relating to rates, wages, and other financial indicators and to define &quot;economic impact&quot; with respect to a proposed or final rule as any direct economic effect on small entities from such rule and any indirect economic effect on small entities that is reasonably foreseeable and that results from such rule. Includes tribal organizations within the definition of &quot;small governmental jurisdictions&quot; for purposes of such Act.
 
Requires initial and final regulatory flexibility analyses to: (1) describe alternatives to a proposed rule that minimize any adverse significant economic impact or maximize the beneficial significant economic impact on small entities, and (2) include revisions or amendments to a land management plan developed by the Secretary of Agriculture or the Secretary of the Interior under specified Acts.
 
Requires each federal agency to include in its regulatory flexibility agenda a description of the sector of the North American Industrial Classification System that is affected by a proposed agency rule which is likely to have a significant economic impact on a substantial number of small entities.
 
Expands elements of initial and final regulatory flexibility analyses under RFA to include estimates and descriptions of the cumulative economic impact of a proposed rule on a small entity.
 
 Repeals provisions allowing a waiver or delay of the completion of an initial regulatory flexibility analysis. Requires the Chief Counsel for Advocacy of the Small Business Administration (SBA) to issue rules governing federal agency compliance with RFA requirements. Authorizes the Chief Counsel to modify or amend such rules, to intervene in agency adjudication relating to such rules, and to inform an agency of the impact of its rulemaking on small entities.
 
Revises requirements for agency notification of the SBA Chief Counsel for Advocacy prior to the publication of any proposed rule. Requires agencies to provide the Chief Counsel with: (1) all materials prepared or utilized in making the proposed rule, and (2) information on the potential adverse and beneficial economic impacts of the proposed rule on small entities.
 
Requires each agency to publish in the Federal Register a plan for the periodic review of existing and new rules that have a significant impact on a substantial number of small entities to determine whether such rules should be continued, changed, or rescinded. 
 
Provides for judicial review of an agency final rule for compliance with RFA requirements after the publication of such rule. Grants federal courts of appeal jurisdiction to review all final rules issued in accordance with RFA.


Legislative actions:
action_date: 2011-12-01
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S8152-8155)
action_date: 2011-12-01
text: Sponsor introductory remarks on measure. (CR S8151-8152)
action_date: 2011-12-01
text: Introduced in Senate