I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhanced Regulatory 

5 Flexibility Assessment Act’’. 


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1 SEC. 2. REQUIREMENTS PROVIDING FOR MORE DETAILED 

2 ANALYSES. 

3 (a) INITIAL REGULATORY FLEXIBILITY ANALYSIS.— 

4 Section 603(b) of title 5, United States Code, is amended 

5 to read as follows: 

6 ‘‘(b) Each initial regulatory flexibility analysis re7 quired under this section shall contain a detailed state8 ment— 

9 ‘‘(1) describing the reasons why action by the 

10 agency is being considered; 

11 ‘‘(2) describing the objectives of, and legal basis 

12 for, the proposed rule; 

13 ‘‘(3) estimating the number and type of small 

14 entities to which the proposed rule will apply; 

15 ‘‘(4) describing the projected reporting, record16 keeping, and other compliance requirements of the 

17 proposed rule, including an estimate of the classes of 

18 small entities which will be subject to the require19 ment and the type of professional skills necessary 

20 for preparation of the report and record; 

21 ‘‘(5) describing all relevant Federal rules which 

22 may duplicate, overlap, or conflict with the proposed 

23 rule, or the reasons why such a description could not 

24 be provided; 

25 ‘‘(6) estimating the additional cumulative eco26 nomic impact of the proposed rule on small entities 


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1 beyond that already imposed on the class of small 

2 entities by the agency or why such an estimate is 

3 not available; 

4 ‘‘(7) describing any disproportionate economic 

5 impact on small entities or a specific class of small 

6 entities; and 

7 ‘‘(8) describing any impairment of the ability of 

8 small entities to have access to credit.’’. 

9 (b) FINAL REGULATORY FLEXIBILITY ANALYSIS.— 

10 (1) IN GENERAL.—Section 604(a) of title 5, 

11 United States Code, is amended— 

12 (A) in paragraph (4)— 

13 (i) by inserting ‘‘detailed’’ before ‘‘de14 scription’’; and 

15 (ii) by striking ‘‘an explanation’’ and 

16 inserting ‘‘a detailed explanation’’; 

17 (B) in paragraph (5), by inserting ‘‘de18 tailed’’ before ‘‘description’’; 

19 (C) in paragraph (6)— 

20 (i) by inserting ‘‘detailed’’ before ‘‘de21 scription’’; and 

22 (ii) by striking ‘‘and’’ at the end; 

23 (D) in paragraph (7), as so redesignated, 

24 by striking the period at the end and inserting 

25 ‘‘; and’’; and 


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1 (E) by adding at the end the following: 

2 ‘‘(8) a detailed description of any dispropor3 tionate economic impact on small entities or a spe4 cific class of small entities.’’. 

5 (2) INCLUSION OF RESPONSE TO COMMENTS ON

6 CERTIFICATION OF PROPOSED RULE.—Section 

7 604(a)(2) of title 5, United States Code, is amended 

8 by inserting ‘‘(or certification of the proposed rule 

9 under section 605(b))’’ after ‘‘initial regulatory flexi10 bility analysis’’. 

11 (3) PUBLICATION OF ANALYSIS ON WEBSITE.— 

12 Section 604(b) of title 5, United States Code, is 

13 amended to read as follows: 

14 ‘‘(b) The agency shall make copies of the final regu15 latory flexibility analysis available to the public, including 

16 placement of the entire analysis on the website of the 

17 agency, and shall publish in the Federal Register the final 

18 regulatory flexibility analysis, or a summary thereof which 

19 includes the telephone number, mailing address, and link 

20 to the website where the complete analysis may be ob21 tained.’’. 

22 (c) CROSS-REFERENCES TO OTHER ANALYSES.— 

23 Section 605(a) of title 5, United States Code, is amended 

24 to read as follows: 


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1 ‘‘(a) A Federal agency shall be treated as satisfying 

2 any requirement regarding the content of a regulatory 

3 flexibility agenda or regulatory flexibility analysis under 

4 section 602, 603, or 604 if the Federal agency provides 

5 in the agenda or analysis a cross-reference to the specific 

6 portion of another agenda or analysis which is required 

7 by any other law and which satisfies the requirement.’’. 

8 (d) CERTIFICATIONS.—Section 605(b) of title 5, 

9 United States Code, is amended by striking ‘‘statement 

10 providing the factual basis for such certification.’’ and in11 serting ‘‘detailed statement providing the factual and legal 

12 basis for such certification. The detailed statement shall 

13 include an economic assessment or a summary thereof 

14 that is sufficiently detailed to support the certification of 

15 the agency.’’. 

16 (e) QUANTIFICATION REQUIREMENTS.—Section 607 

17 of title 5, United States Code, is amended to read as fol18 lows: 

19 ‘‘§ 607. Quantification requirements 

20 ‘‘In complying with sections 603 and 604, an agency 

21 shall provide— 

22 ‘‘(1) a quantifiable or numerical description of 

23 the effects of— 

24 ‘‘(A) the proposed or final rule; and 


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1 ‘‘(B) alternatives to the proposed or final 

2 rule; or 

3 ‘‘(2) a more general descriptive statement and 

4 a detailed statement explaining why quantification is 

5 not practicable or reliable.’’. 

Æ 


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