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 (com-
monly 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 Representa-
tives 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’’. 
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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 re-
quired under this section shall contain a detailed state-
ment— 
‘‘(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, record-
keeping, and other compliance requirements of the 
proposed rule, including an estimate of the classes of 
small entities which will be subject to the require-
ment 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 eco-
nomic impact of the proposed rule on small entities 
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(E) by adding at the end the following: 
‘‘(8) a detailed description of any dispropor-
tionate economic impact on small entities or a spe-
cific 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 flexi-
bility 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 regu-
latory 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 ob-
tained.’’. 
(c) CROSS-REFERENCES
TO OTHER ANALYSES.— 
Section 605(a) of title 5, United States Code, is amended 
to read as follows: 
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‘‘(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 in-
serting ‘‘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 fol-
lows: 
‘‘§ 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 
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‘‘(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.’’. 
Æ 
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