The proposed legislation will impact how federal agencies interact with small businesses, providing a clearer pathway for these businesses to voice concerns about regulatory decisions. One major shift introduced by SB1411 is the ability for small entities to petition for reviews of agency certifications that deem certain regulations to have no significant economic impact on them. This represents a more proactive stance for small businesses in federal regulatory discussions, thereby promoting a more inclusive approach to decision-making.
Summary
SB1411, known as the Prove It Act of 2023, aims to enhance the transparency of federal regulatory processes that affect small businesses. The bill proposes amendments to Title 5 of the United States Code, particularly concerning regulatory flexibility analyses that agencies must conduct when proposing new rules. It requires agencies to consider and include potential indirect costs for small entities that may not be directly regulated but are affected by these regulations. Such a change seeks to ensure that small businesses are adequately represented and that their interests are taken into account during regulatory periods.
Contention
However, there are points of contention surrounding this bill. Proponents argue that it provides necessary checks and balances to prevent regulatory overreach that could unfairly burden small businesses. On the other hand, some stakeholders worry that the additional review processes may complicate and delay regulatory implementations that are essential for larger business operations and public welfare, potentially undermining efficiency in the regulatory landscape. Critics are concerned this legislation may create unnecessary bureaucratic barriers which could hinder not only small businesses but also the federal agencies tasked with regulating them.
Small Business Regulatory Flexibility Improvements Act This bill modifies the rulemaking requirements and procedures of federal agencies under the Regulatory Flexibility Act of 1980 and the Small Business Regulatory Enforcement Fairness Act of 1996, including how agencies consider economic impact with respect to small entities. Specifically, the bill requires agencies to consider the direct, and the reasonably foreseeable indirect, economic effect of a rule on small entities when determining whether a rule is likely to have a significant economic impact. Further, the regulatory flexibility analysis for rules with a significant economic impact must include a detailed description of alternatives to a proposed rule that minimize any adverse significant economic impact or maximize any beneficial significant economic impact on small entities. The bill also expands the types of agency actions (e.g., revisions to land management plans) that are subject to a regulatory impact analysis. The bill removes the authority for an agency to waive the regulatory flexibility analysis requirements and requires the Office of Advocacy of the Small Business Administration to issue rules for compliance with such requirements. The bill also modifies the procedures for the (1) gathering of comments for a proposed rule, (2) periodic review of agency rules, and (3) judicial review of final rules.