Overview
Title
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.
ELI5 AI
This bill wants to make sure that when new rules are made, they check if they might cause any problems for small businesses, and to share this information online so everyone can see it. It also says that if it's hard to measure the effects, they should explain why.
Summary AI
H. R. 9032 aims to amend the Regulatory Flexibility Act to ensure that federal agencies provide a detailed analysis of how new rules might affect small businesses. It requires agencies to prepare a thorough statement explaining the rationale behind proposed rules, the potential impacts on small entities, and if any other federal rules are overlapping or conflicting. The bill also mandates that agencies publish the detailed analysis online and include responses to public comments from the rule proposal stage. Furthermore, it demands that agencies either quantify the effects of proposed rules or explain why quantification isn't feasible.
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AnalysisAI
General Summary of the Bill
The proposed legislation, titled the "Enhanced Regulatory Flexibility Assessment Act," aims to amend the Regulatory Flexibility Act to intensify the focus on the potential impacts of regulatory rules on small entities. Its core objective is to mandate more comprehensive analyses from federal agencies when they propose new rules, particularly regarding how these rules might affect small businesses. The bill stipulates that these analyses include a detailed exploration of economic impacts, overlaps with other rules, compliance requirements, and potential challenges small entities might face in accessing credit.
Summary of Significant Issues
A few notable concerns arise from the provisions of this bill. First, the increased requirements for detailed and quantifiable analyses might impose substantial administrative burdens on federal agencies. These agencies will need to allocate additional resources to meet the demands of producing comprehensive reports, potentially stretching their operational capacities. Furthermore, the bill’s language is somewhat ambiguous, especially concerning what constitutes a "detailed statement" or when a "general descriptive statement" is appropriate. This lack of clarity could lead to uneven interpretations across different agencies, resulting in inconsistencies.
Impact on the Public
Broadly speaking, this bill might influence the public by aiming to protect small businesses from regulatory changes that could disproportionally harm them. By pushing for more thorough evaluations, the intention is to prevent small entities from being overlooked in the regulatory process. However, the public might also experience delayed rule-making processes as agencies take additional time to comply with these detailed analytical requirements.
Impact on Specific Stakeholders
Small businesses stand to benefit from the proposed legislation due to the heightened scrutiny on rules that might affect them. With more transparent and accessible regulatory analyses, small business owners could better understand and prepare for changes. Nonetheless, there may be a downside if the complexity and technical nature of the analyses make them difficult for small business owners, who might lack specialized knowledge, to comprehend.
For federal agencies, meeting these new requirements could be demanding. Agencies may face challenges including increased workloads and potential technical or financial obstacles, particularly concerning the mandate to publish analyses online. These demands might require additional funding or resources to manage effectively.
In conclusion, while the bill's intent to safeguard small entities is a commendable effort toward equitable regulation, careful consideration and potential adjustments may be necessary to ensure that its implementation is practical and its benefits are fully realized without unintended consequences or burdens.
Issues
The requirement for agencies to produce detailed analyses and quantifiable descriptions (Section 2 and Section 607) could significantly increase the administrative burden on agencies. This may lead to inefficiencies or strain on agency resources, impacting their ability to effectively implement the rules.
Ambiguity in the quantification requirements (Section 607) may lead to inconsistent application across agencies. The section allows for 'a more general descriptive statement' without clear criteria for when this is acceptable, potentially leading to varied interpretations.
Section 2 introduces vague requirements such as 'detailed statements' or 'descriptions' without providing guidance on what constitutes a 'detailed statement.' This could result in inconsistencies in implementation from one agency to another.
The new publication requirements in Section 604(b) for agency websites could pose technical and financial challenges for agencies not equipped with adequate resources. This requirement for increased transparency may incur additional costs.
Sections concerning the need for quantifiable impacts and potential overlap with existing Federal rules (Section 2) could present legal challenges. Agencies might face difficulties where data is insufficient, leading to potential non-compliance or resource diversion.
The amendments appear to favor transparency and accountability, but the complexity and technicality of the language (Section 2 and Section 607) could obscure understanding among small business owners and the general public, raising ethical concerns around accessibility.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section states that the Act will be officially named the “Enhanced Regulatory Flexibility Assessment Act.”
2. Requirements providing for more detailed analyses Read Opens in new tab
Summary AI
This section of the bill updates requirements for regulatory flexibility analyses by demanding more detailed descriptions and explanations from agencies in their analyses. Agencies must outline the economic impacts on small businesses, highlight any overlaps with existing rules, and ensure that their reports are accessible to the public, including online publication.
607. Quantification requirements Read Opens in new tab
Summary AI
Agencies must include either a numerical description of the effects of a proposed or final rule and its alternatives, or a general description with an explanation of why numerical data is not feasible, when following certain sections of the bill.