Small Business Regulatory Flexibility Improvements Act
Impact
If enacted, HB421 would significantly influence how federal agencies approach rulemaking that could affect small businesses. Specifically, it mandates that agencies conduct initial and final regulatory flexibility analyses that include a more detailed description of the rule's consequences. This legislation necessitates a clearer definition of 'economic impact', which encompasses both direct and indirect economic effects on small entities. Through these amendments, the bill seeks to safeguard small businesses from unanticipated financial burdens brought on by federal regulations and enhance their ability to compete with larger entities.
Summary
House Bill 421, titled the 'Small Business Regulatory Flexibility Improvements Act', aims to amend the Regulatory Flexibility Act to enhance the analysis of potential impacts that proposed rules may have on small entities. The bill proposes to ensure that such analyses are comprehensive, requiring agencies to provide detailed assessments regarding the economic effects of their proposed regulations on small businesses, particularly on costs such as energy and startup expenses. It also emphasizes the need for agencies to consider alternatives that could minimize adverse impacts on small entities while maximizing beneficial outcomes.
Contention
While the bill appears to have widespread support from small business advocates, there may be points of contention regarding its potential administrative burdens on federal agencies. Critics could argue that requiring detailed assessments and alternative evaluations may lead to slower regulatory processes, thereby hindering timely responses to emerging industry needs. Moreover, establishing new definitions and analyses may create additional complexities within agency operations, provoking debate on balancing regulatory oversight with the need for efficiency in administrative processes.
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.
Setting Manageable Analysis Requirements in Text Act of 2025 or the SMART Act of 2025This bill requires agencies, when publishing a proposed or final major rule, to include a framework for assessing whether the rule achieves its regulatory objective. An agency must assess a rule in the time frame included in the framework. The assessment must compare the rule's anticipated and actual benefits and costs.Additionally, the assessment must determine whether (1) the rule has been rendered unnecessary because of changes to the subject area affected by the rule or it overlaps with, duplicates, or conflicts with other rules, or state and local government regulations; (2) the rule should be expanded, streamlined, or otherwise modified to accomplish the rule's objective; and (3) other alternatives or modifications to the rule could better achieve the rule's objective. The bill defines a major rule as a rule likely to cause (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.