Topic: Domestic Commerce — Small Businesses
Subject: Government operations and politics
Date: 2013-11-19 00:00:00

Clearing Unnecessary Regulatory Burdens Act of 2013 or the CURB Act - Requires each federal agency to: (1) report to the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB) on the costs and benefits of each significant regulatory action and of identified alternatives; (2) develop or have written procedures for the approval of significant guidance documents; (3) maintain on its website a list of such documents in effect; (4) establish and advertise on its website a means for the public to electronically submit comments on such documents and a request for issuance, reconsideration, modification, or rescission of such documents; and (5) publish a notice in the Federal Register announcing that a draft of an economically significant guidance document is available, make such document publicly available, invite comment on such draft, and respond to such comments.

Defines an "economically significant regulatory action, a "significant guidance document," and a "significant regulatory action" for purposes of this Act as regulatory actions or documents that may have an annual effect on the economy of $100 million or more or that may adversely affect the economy in a material way.

Requires agencies to notify the Administrator in emergency situations or when they are obligated by law to act more quickly than normal review procedures allow.

Allows a reduction or waiver of civil penalties on small entities for failure to comply with regulatory requirements.

Regulatory Flexibility Improvement Act of 2013 - Amends the Regulatory Flexibility Act (RFA) to revise the regulatory process (rulemaking) with respect to small entities.

Defines "economic impact," with respect to a proposed or final rule, to mean: (1) the economic effects on small entities directly regulated by the rule, and (2) the reasonably foreseeable economic effects of the rule on small entities resulting from their transactions with other businesses and entities directly regulated by the rule.

Expands judicial review of agency rulemaking to permit small entities to: (1) seek judicial review of initial regulatory flexibility analyses, and (2) obtain an injunction of a proposed rule that is noncompliant with RFA requirements.

Requires each agency to establish a plan for the periodic review (every nine years) of: (1) its rules that have a significant adverse economic impact on small entities, and (2) any small entity compliance guide required to be published by an agency. Sets forth criteria for review of a rule, including the continued need for the rule, the complexity of the rule, and the impact of the rule on small entities.

Extends RFA requirements to significant agency guidance documents.

Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require each agency to review on a periodic basis the civil penalties it imposes on small entities for violations of statutory or regulatory requirements.

Imposes certain additional requirements on agencies prior to the issuance of a final rule, including requirements for: (1) publication of an initial regulatory flexibility analysis, (2) a determination of the average cost of a rule for affected small entities and the number of small entities affected or reasonably presumed to be affected, and (3) consultation with the Chief Counsel for Advocacy for the Small Business Administration (SBA) with respect to the accuracy of information relating to the cost and impact of a final rule.