S 474 · 112th Congress 2011–2013, ended

Small Business Regulatory Freedom Act of 2011

Fact sheet

Latest action · Mar 3, 2011 Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S1225-1228)

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 3, 2011
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Small Business Regulatory Freedom Act of 2011 - Amends the Regulatory Flexibility Act (RFA) to revise the regulatory process (rulemaking) with respect to small entities (i.e., small businesses, small organizations, and small governmental jurisdictions).

Defines "economic impact" with respect to a proposed or final rule to mean: (1) any direct economic effect of a rule on small entities, and (2) any indirect economic effect on such entities, including potential job creation or job loss.

Expands judicial review of agency rulemaking to permit small entities to seek judicial review of initial regulatory flexibility analyses and to 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 eight 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. Terminates any rule if the issuing agency has failed to complete a required periodic review.

Expands to all agencies the procedures for gathering comments on rules that will have a significant economic impact on small entities.

Extends RFA requirements to informal agency guidance documents.

Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require each agency to review on a periodic basis its policies or programs for imposing regulatory penalties on small entities.

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). Requires the Chief Counsel for Advocacy of the SBA to be an attorney with business experience and expertise in or knowledge of the regulatory process.

Cosponsors 12

Members who signed on, in the order they did. Signatures ran from Mar 3, 2011 to Apr 5, 2011, with 4 there on the day it was introduced.

SeatCosponsorSigned on
R-NHKelly AyotteOriginalMar 3, 2011
R-WYMichael B. EnziOriginalMar 3, 2011
R-MAScott P. BrownOriginalMar 3, 2011
R-OKTom CoburnOriginalMar 3, 2011
R-WYJohn BarrassoMar 8, 2011
R-FLMarco RubioMar 8, 2011
R-SDJohn ThuneMar 9, 2011
R-KSPat RobertsMar 17, 2011
R-TXKay Bailey HutchisonMar 28, 2011
R-GAJohnny IsaksonMar 31, 2011
R-ILMark KirkMar 31, 2011
R-KSJerry MoranApr 5, 2011

Actions 3

Everything that happened, newest first.

  1. Mar 3, 2011Introduced in Senate
  2. Mar 3, 2011Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S1225-1228)
  3. Mar 3, 2011Sponsor introductory remarks on measure. (CR S1224-1225)

Related bills 5

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 1030Freedom from Restrictive Excessive Executive Demands and Onerous Mandates Act of 2011Related billJul 20, 2011
S 1720Jobs Through Growth ActRelated billOct 18, 2011
S 2199Grow America Act of 2012Related billMar 15, 2012
HR 3400Jobs Through Growth ActRelated billNov 29, 2011
S 3572Restoring Tax and Regulatory Certainty to Small Businesses Act of 2012Related billSep 19, 2012

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 1

Each version as it was printed, newest first.

  1. Mar 3, 2011Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.