Enhanced Regulatory Flexibility Assessment Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9032 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9032

 To amend chapter 6 of title 5, United States Code (commonly known as 
  the ``Regulatory Flexibility Act''), to ensure complete analysis of 
 potential impacts on small entities of rules, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2024

  Ms. Maloy introduced the following bill; which was 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

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 6 of title 5, United States Code (commonly known as 
  the ``Regulatory Flexibility Act''), to ensure complete analysis of 
 potential impacts on small entities of rules, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhanced Regulatory Flexibility 
Assessment Act''.

SEC. 2. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.

    (a) Initial Regulatory Flexibility Analysis.--Section 603(b) of 
title 5, United States Code, is amended to read as follows:
    ``(b) Each initial regulatory flexibility analysis required under 
this section shall contain a detailed statement--
            ``(1) describing the reasons why action by the agency is 
        being considered;
            ``(2) describing the objectives of, and legal basis for, 
        the proposed rule;
            ``(3) estimating the number and type of small entities to 
        which the proposed rule will apply;
            ``(4) describing the projected reporting, recordkeeping, 
        and other compliance requirements of the proposed rule, 
        including an estimate of the classes of small entities which 
        will be subject to the requirement and the type of professional 
        skills necessary for preparation of the report and record;
            ``(5) describing all relevant Federal rules which may 
        duplicate, overlap, or conflict with the proposed rule, or the 
        reasons why such a description could not be provided;
            ``(6) estimating the additional cumulative economic impact 
        of the proposed rule on small entities beyond that already 
        imposed on the class of small entities by the agency or why 
        such an estimate is not available;
            ``(7) describing any disproportionate economic impact on 
        small entities or a specific class of small entities; and
            ``(8) describing any impairment of the ability of small 
        entities to have access to credit.''.
    (b) Final Regulatory Flexibility Analysis.--
            (1) In general.--Section 604(a) of title 5, United States 
        Code, is amended--
                    (A) in paragraph (4)--
                            (i) by inserting ``detailed'' before 
                        ``description''; and
                            (ii) by striking ``an explanation'' and 
                        inserting ``a detailed explanation'';
                    (B) in paragraph (5), by inserting ``detailed'' 
                before ``description'';
                    (C) in paragraph (6)--
                            (i) by inserting ``detailed'' before 
                        ``description''; and
                            (ii) by striking ``and'' at the end;
                    (D) in paragraph (7), as so redesignated, by 
                striking the period at the end and inserting ``; and''; 
                and
                    (E) by adding at the end the following:
            ``(8) a detailed description of any disproportionate 
        economic impact on small entities or a specific class of small 
        entities.''.
            (2) Inclusion of response to comments on certification of 
        proposed rule.--Section 604(a)(2) of title 5, United States 
        Code, is amended by inserting ``(or certification of the 
        proposed rule under section 605(b))'' after ``initial 
        regulatory flexibility analysis''.
            (3) Publication of analysis on website.--Section 604(b) of 
        title 5, United States Code, is amended to read as follows:
    ``(b) The agency shall make copies of the final regulatory 
flexibility analysis available to the public, including placement of 
the entire analysis on the website of the agency, and shall publish in 
the Federal Register the final regulatory flexibility analysis, or a 
summary thereof which includes the telephone number, mailing address, 
and link to the website where the complete analysis may be obtained.''.
    (c) Cross-References to Other Analyses.--Section 605(a) of title 5, 
United States Code, is amended to read as follows:
    ``(a) A Federal agency shall be treated as satisfying any 
requirement regarding the content of a regulatory flexibility agenda or 
regulatory flexibility analysis under section 602, 603, or 604 if the 
Federal agency provides in the agenda or analysis a cross-reference to 
the specific portion of another agenda or analysis which is required by 
any other law and which satisfies the requirement.''.
    (d) Certifications.--Section 605(b) of title 5, United States Code, 
is amended by striking ``statement providing the factual basis for such 
certification.'' and inserting ``detailed statement providing the 
factual and legal basis for such certification. The detailed statement 
shall include an economic assessment or a summary thereof that is 
sufficiently detailed to support the certification of the agency.''.
    (e) Quantification Requirements.--Section 607 of title 5, United 
States Code, is amended to read as follows:
``Sec. 607. Quantification requirements
    ``In complying with sections 603 and 604, an agency shall provide--
            ``(1) a quantifiable or numerical description of the 
        effects of--
                    ``(A) the proposed or final rule; and
                    ``(B) alternatives to the proposed or final rule; 
                or
            ``(2) a more general descriptive statement and a detailed 
        statement explaining why quantification is not practicable or 
        reliable.''.
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