Regulatory Flexibility Improvements Act of 2011
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HR 527 — Regulatory Flexibility Improvements Act of 2011
Last action — Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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Died in session
This bill died with 112th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Regulatory Flexibility Improvements Act of 2011 - Amends the Regulatory Flexibility Act of 1980 (RFA) to: (1) define the "economic impact" of a proposed or final rule to include both direct economic effects on small entities and any indirect economic effects which are reasonably foreseeable and result from such proposed or final rule, and (2) include tribal organizations within the definition of "small governmental jurisdictions" for purposes of such Act. Requires initial and final regulatory flexibility analyses under RFA 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 the Internal Revenue Service (IRS) to comply with RFA requirements when codifying a regulation in the Code of Federal Regulations that imposes a collection-of-information or recordkeeping requirement. Revises the definition of "small organization" under RFA to include consideration of size standards, net worth, and the number of employees. (Sec. 3) 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. (Sec. 4) Requires an agency to include in its initial regulatory flexibility analysis a detailed statement, including: (1) a description of why action by the agency is being considered and the objectives of, and legal basis for, the proposed rule; (2) an estimate of the number and types of small entities to which the proposed rule will apply; (3) the projected compliance requirements of the proposed rule; (4) an estimate of the additional cumulative economic impact of the proposed rule, or of any other rule stemming from the implementation of the Free Trade Agreements, on small entities; and (5) a description of any disproportionate economic impact on small entities or a specific class of such entities. Requires an agency, in developing an initial and final regulatory flexibility analysis, to provide a quantifiable or numerical description of the effects of a proposed or final rule and alternatives to such rule, or a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable. (Sec. 5) Repeals agency authority to waive an initial regulatory flexibility analysis or delay a final regulatory flexibility analysis in emergency situations. Authorizes the Chief Counsel for Advocacy of the Small Business Administration (SBA) to make rules governing agency compliance with RFA requirements and to intervene in agency adjudications. (Sec. 6) Revises requirements for agency notification of the Chief Counsel prior to the publication of any proposed rule that is likely to result in: (1) an annual effect of the economy of $100 million or more; (2) a major increase in costs or prices; (3) a significant adverse effect on competition, employment, investment, productivity, innovation, or the ability of U.S. enterprises to compete internationally; or (4) a significant economic impact on a substantial number of small entities. 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 the Chief Counsel to convene a panel to review such materials. Authorizes the Chief Counsel to waive such review requirements upon determining that compliance with such requirements is impracticable, unnecessary, or contrary to the public interest. (Sec. 7) Expands requirements for the periodic review of agency rules to require an agency to: (1) publish its plan for periodic review of agency rules determined to have a significant economic impact on small entities on its website; (2) detail in its plan how it will conduct outreach to include small businesses in the review process; (3) submit an annual report on the results of its review to Congress, the Chief Counsel , and the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB); (4) amend or rescind a rule to minimize any adverse economic impact on small entities or to maximize any beneficial impact on such entities, taking into account specified factors; and (5) publish in the Federal Register and on its website a list of rules to be reviewed under its plan. (Sec. 8) Allows judicial review of agency compliance with requirements of RFA when an agency publishes a final rule (currently, when final agency action is completed). Authorizes the Chief Counsel to file an amicus curiae brief in cases concerning agency compliance with RFA. (Sec. 9) Amends the federal judicial code to grant exclusive jurisdiction to the U.S. Courts of Appeals to review all final rules promulgated by the Chief Counsel governing agency compliance with RFA. (Sec. 11) Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require federal agencies, in preparing small entity compliance guides, to solicit input from affected small entities or associations of small entities.
Bill Text
We don't have the full text on file for this bill yet.
Read HR 527 on the official United States source →Action History
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Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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Motion to reconsider laid on the table Agreed to without objection.
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On passage Passed by recorded vote: 263 - 159 (Roll no. 880).
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On motion to recommit with instructions Failed by recorded vote: 188 - 233 (Roll no. 879). (consideration: CR H8055)
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The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H8055)
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DEBATE - The House proceeded with 10 minutes of debate on the Loretta Sanchez motion to recommit. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to insert a provision designed to prohibit additional rules that would hinder the hiring of veterans.
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Ms. Sanchez, Loretta moved to recommit with instructions to Judiciary. (consideration: CR H8054-8055; text: CR H8054)
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The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H8041-8043)
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The previous question was ordered pursuant to the rule. (consideration: CR H8054)
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 527.
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H.AMDT.887 On agreeing to the Johnson (GA) amendment (A006) Failed by recorded vote: 170 - 250 (Roll no. 878).
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H.AMDT.886 On agreeing to the Jackson Lee (TX) amendment (A005) Failed by recorded vote: 172 - 250 (Roll no. 877).
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H.AMDT.885 On agreeing to the Peters amendment (A004) Failed by recorded vote: 179 - 243 (Roll no. 876).
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H.AMDT.884 On agreeing to the Cohen amendment (A003) Failed by recorded vote: 171 - 248 (Roll no. 875).
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H.AMDT.883 On agreeing to the Jackson Lee (TX) amendment (A002) Failed by recorded vote: 173 - 244 (Roll no. 874).
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UNFINISHED BUSINESS - The Chair announced that the unfinished business was on the question of adoption of amendments which were debated earlier and on which further proceedings were postponed.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
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DEBATE - Pursuant to the provisions of H. Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment.
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H.AMDT.887 Amendment (A006) offered by Mr. Johnson (GA). (consideration: CR H8049-8050, H8053-8054; text: CR H8049)Amendment sought to create an exception for any rule making to carry out the FDA Food Safety Modernization Act.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Ms. Jackson Lee (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
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DEBATE - Pursuant to the provisions of H. Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 5.
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H.AMDT.886 Amendment (A005) offered by Ms. Jackson Lee (TX). (consideration: CR H8048-8049, H8052-8053; text: CR H8048)Amendment sought to require a GAO report to determine the cost of carrying out the provisions of the bill and the effect it would have on federal agency rule making as well as determining the impact of repealing the ability of an agency to waive provisions in the Regulatory Flexibility Act when responding to an emergency.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Peters amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Peters demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
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DEBATE - Pursuant to the provisions of H. Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Peters amendment.
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H.AMDT.885 Amendment (A004) offered by Mr. Peters. (consideration: CR H8047-8048, H8052; text: CR H8047)Amendment sought to exempt all rules that OMB determines would result in net job creation from the provisions of the bill.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Cohen amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Cohen demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
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DEBATE - Pursuant to the provisions of H. Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Cohen amendment.
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H.AMDT.884 Amendment (A003) offered by Mr. Cohen. (consideration: CR H8046-8047, H8051-8052; text: CR H8046)Amendment sought to exempt any rule that relates to food safety, workplace safety, consumer products safety, and air or water quality from the provisions of the bill.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Ms. Jackson Lee (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
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DEBATE - Pursuant to the provisions of H. Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 2.
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H.AMDT.883 Amendment (A002) offered by Ms. Jackson Lee (TX). (consideration: CR H8044-8046, H8050-8051; text: CR H8044)Amendment sought to exempt all rules promulgated by the Department of Homeland Security from the provisions of the bill.
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H.AMDT.882 On agreeing to the Critz amendment (A001) Agreed to by voice vote.
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DEBATE - Pursuant to the provisions of H.Res. 477, the Committee of the Whole proceeded with 10 minutes of debate on the Critz amendment.
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H.AMDT.882 Amendment (A001) offered by Mr. Critz. (consideration: CR H8044; text: CR H8044)Amendment requires that agencies' regulatory flexibility analyses assess the cumulative impact of any rule stemming from the implementation of a free trade agreement in order to provide protection for small businesses.
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GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 527.
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The Speaker designated the Honorable Jeff Denham to act as Chairman of the Committee.
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House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 477 and Rule XVIII.
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Measure provides for consideration of H.R. 3463 with one hour of general debate, equally divided and controlled; bill is closed to amendments. Provides for consideration of H.R. 527 with one hour of general debate, equally divided and controlled; specified amendments are in order. Provides for consideration of H.R. 3010 with one hour of general debate, equally divided and controlled; specified amendments are in order.
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Considered under the provisions of rule H. Res. 477. (consideration: CR H8034-8056)
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Rules Committee Resolution H. Res. 477 Reported to House. Measure provides for consideration of H.R. 3463 with one hour of general debate, equally divided and controlled; bill is closed to amendments. Provides for consideration of H.R. 527 with one hour of general debate, equally divided and controlled; specified amendments are in order. Provides for consideration of H.R. 3010 with one hour of general debate, equally divided and controlled; specified amendments are in order.
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Supplemental report filed by the Committee on Judiciary, H. Rept. 112-289, Part III.
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Placed on the Union Calendar, Calendar No. 191.
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Reported (Amended) by the Committee on Small Business. H. Rept. 112-289, Part II.
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Reported (Amended) by the Committee on Judiciary. H. Rept. 112-289, Part I.
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Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 8.
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Committee Consideration and Mark-up Session Held.
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Subcommittee on Courts, Commercial and Administrative Law Discharged.
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Subcommittee Hearings Held.
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Referred to the Subcommittee on Courts, Commercial and Administrative Law.
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Referred to House Small Business
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Referred to House Judiciary
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Referred to the Committee on the Judiciary, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsors
- Lamar Smith · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HR 527 do?
- Regulatory Flexibility Improvements Act of 2011 - Amends the Regulatory Flexibility Act of 1980 (RFA) to: (1) define the "economic impact" of a proposed or final rule to include both direct economic effects on small entities and any indirect economic effects which are reasonably foreseeable and result from such proposed or final rule, and (2) include tribal organizations within the definition of "small governmental jurisdictions" for purposes of such Act. Requires initial and final regulatory flexibility analyses under RFA 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 the Internal Revenue Service (IRS) to comply with RFA requirements when codifying a regulation in the Code of Federal Regulations that imposes a collection-of-information or recordkeeping requirement. Revises the definition of "small organization" under RFA to include consideration of size standards, net worth, and the number of employees. (Sec. 3) 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. (Sec. 4) Requires an agency to include in its initial regulatory flexibility analysis a detailed statement, including: (1) a description of why action by the agency is being considered and the objectives of, and legal basis for, the proposed rule; (2) an estimate of the number and types of small entities to which the proposed rule will apply; (3) the projected compliance requirements of the proposed rule; (4) an estimate of the additional cumulative economic impact of the proposed rule, or of any other rule stemming from the implementation of the Free Trade Agreements, on small entities; and (5) a description of any disproportionate economic impact on small entities or a specific class of such entities. Requires an agency, in developing an initial and final regulatory flexibility analysis, to provide a quantifiable or numerical description of the effects of a proposed or final rule and alternatives to such rule, or a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable. (Sec. 5) Repeals agency authority to waive an initial regulatory flexibility analysis or delay a final regulatory flexibility analysis in emergency situations. Authorizes the Chief Counsel for Advocacy of the Small Business Administration (SBA) to make rules governing agency compliance with RFA requirements and to intervene in agency adjudications. (Sec. 6) Revises requirements for agency notification of the Chief Counsel prior to the publication of any proposed rule that is likely to result in: (1) an annual effect of the economy of $100 million or more; (2) a major increase in costs or prices; (3) a significant adverse effect on competition, employment, investment, productivity, innovation, or the ability of U.S. enterprises to compete internationally; or (4) a significant economic impact on a substantial number of small entities. 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 the Chief Counsel to convene a panel to review such materials. Authorizes the Chief Counsel to waive such review requirements upon determining that compliance with such requirements is impracticable, unnecessary, or contrary to the public interest. (Sec. 7) Expands requirements for the periodic review of agency rules to require an agency to: (1) publish its plan for periodic review of agency rules determined to have a significant economic impact on small entities on its website; (2) detail in its plan how it will conduct outreach to include small businesses in the review process; (3) submit an annual report on the results of its review to Congress, the Chief Counsel , and the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB); (4) amend or rescind a rule to minimize any adverse economic impact on small entities or to maximize any beneficial impact on such entities, taking into account specified factors; and (5) publish in the Federal Register and on its website a list of rules to be reviewed under its plan. (Sec. 8) Allows judicial review of agency compliance with requirements of RFA when an agency publishes a final rule (currently, when final agency action is completed). Authorizes the Chief Counsel to file an amicus curiae brief in cases concerning agency compliance with RFA. (Sec. 9) Amends the federal judicial code to grant exclusive jurisdiction to the U.S. Courts of Appeals to review all final rules promulgated by the Chief Counsel governing agency compliance with RFA. (Sec. 11) Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require federal agencies, in preparing small entity compliance guides, to solicit input from affected small entities or associations of small entities.
- Who sponsors HR 527?
- HR 527 is sponsored by Lamar Smith (R).
- What is the current status of HR 527?
- This bill died with 112th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 527?
- Track HR 527 free on One Click Politics — get push/email alerts when it moves.
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