[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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