#aacth ,,congress  #b;d ,session  ,h4   
,r4 #hii  ,,an ,,act  ,to provide for   
additional safeguards with respect to   
imposing ,federal mandates1 and for     
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,unfunded      
,mandates ,information and ,transparency
 ,act of #bjad4  #b4 ,purpose ,the      
purpose of this ,act is--  7#a7 to      
improve the quality of the deliberations
 of ,congress with respect to proposed  
,federal mandates by--  7,a7 providing  
,congress and the public with more      
complete information about the effects  
of such mandates2 and  7,b7 ensuring    
that ,congress acts on such mandates    
only after focused deliberation on their
 effects2 and  7#b7 to enhance the      
ability of ,congress and the public to  
identify ,federal mandates that may     
impose undue harm on consumers1 workers1
 employers1 small businesses1 and       
,state1 local1 and tribal governments4  
#c4 ,providing for ,congressional       
,budget ,office studies on policies     

involving changes in conditions of grant
 aid ,section #bjb7;g7 of the           
,congressional ,budget ,act of #aigd 7#b
 ,u4,s4,c4 #fjb7;g77 is amended by      
adding at the end the following new     
paragraph3  7#c7 ,additional studies ,at
 the request of any ,chairman or ranking
 member of the minority of a ,committee 
of the ,senate or the ,house of         
,representatives1 the ,director shall   
conduct an assessment comparing the     
authorized level of funding in a bill or
 resolution to the prospective costs of 
carrying out any changes to a condition 
of ,federal assistance being imposed on 
,state1 local1 or tribal governments    
participating in the ,federal assistance
 program concerned or1 in the case of a 
bill or joint resolution that authorizes
 such sums as are necessary1 an         
assessment of an estimated level of     
funding compared to such costs4  4  #d4 
,clarifying the definition of direct    
costs to reflect ,congressional ,budget 
,office practice ,section #dba7c7 of the

 ,congressional ,budget ,act of #aigd   
7#b ,u4,s4,c4 #feh7c77;,a77i77 is       
amended--  7#a7 in subparagraph 7,a77i71
 by inserting incur or before be        
required2 and  7#b7 in subparagraph     
7,b71 by inserting after to spend the   
following3 or could forgo in profits1   
including costs passed on to consumers  
or other entities taking into account1  
to the extent practicable1 behavioral   
changes14  #e4 ,expanding the scope of  
reporting requirements to include       
regulations imposed by independent      
regulatory agencies ,paragraph 7#a7 of  
section #dba of the ,congressional      
,budget ,act of #aigd 7#b ,u4,s4,c4     
#feh7 is amended by striking 1 but does 
not include independent regulatory      
agencies and inserting 1 except it does 
not include the ,board of ,governors of 
the ,federal ,reserve ,system or the    
,federal ,open ,market ,committee4  #f4 
,amendments to replace ,office of       
,management and ,budget with ,office of 
,information and ,regulatory ,affairs   

,the ,unfunded ,mandates ,reform ,act of
 #aiie 7,public ,law #ajd-d2 #b         
,u4,s4,c4 #aeaa et seq47 is amended--   
7#a7 in section #ajc7;c7 7#b ,u4,s4,c4  
#aeaa7;c77--  7,a7 in the subsection    
heading1 by striking ,office of         
,management and ,budget and inserting   
,office of ,information and ,regulatory 
,affairs2 and  7,b7 by striking         
,director of the ,office of ,management 
and ,budget and inserting ,administrator
 of the ,office of ,information and     
,regulatory ,affairs2  7#b7 in section  
#bje7;c7 7#b ,u4,s4,c4 #aece7;c77--     
7,a7 in the subsection heading1 by      
striking ,,omb2 and  7,b7 by striking   
,director of the ,office of ,management 
and ,budget and inserting ,administrator
 of the ,office of ,information and     
,regulatory ,affairs2 and  7#c7 in      
section #bjf 7#b ,u4,s4,c4 #aecf71 by   
striking ,director of the ,office of    
,management and ,budget and inserting   
,administrator of the ,office of        
,information and ,regulatory ,affairs4  

#g4 ,applying substantive point of order
 to private sector mandates ,section    
#dbe7;a77#b7 of the ,congressional      
,budget ,act of #aigd 7#b ,u4,s4,c4     
#feh;d7a77#b77 is amended--  7#a7 by    
striking ,federal intergovernmental     
mandates and inserting ,federal         
mandates2 and  7#b7 by inserting or     
#dbd7;b77#a7 after section #dbd7;a77#a74
  #h4 ,regulatory process and principles
 ,section #bja of the ,unfunded         
,mandates ,reform ,act of #aiie 7#b     
,u4,s4,c4 #aeca7 is amended to read as  
follows3  #bja4 ,regulatory process and 
principles  7a7 ,in general ,each agency
 shall1 unless otherwise expressly      
prohibited by law1 assess the effects of
 ,federal regulatory actions on ,state1 
local1 and tribal governments and the   
private sector 7other than to the extent
 that such regulatory actions           
incorporate requirements specifically   
set forth in law7 in accordance with the
 following principles3  7#a7 ,each      
agency shall identify the problem that  

it intends to address 7including1 if    
applicable1 the failures of private     
markets or public institutions that     
warrant new agency action7 as well as   
assess the significance of that problem4
  7#b7 ,each agency shall examine       
whether existing regulations 7or other  
law7 have created1 or contributed to1   
the problem that a new regulation is    
intended to correct and whether those   
regulations 7or other law7 should be    
modified to achieve the intended goal of
 regulation more effectively4  7#c7     
,each agency shall identify and assess  
available alternatives to direct        
regulation1 including providing economic
 incentives to encourage the desired    
behavior1 such as user fees or          
marketable permits1 or providing        
information upon which choices can be   
made by the public4  7#d7 ,if an agency 
determines that a regulation is the best
 available method of achieving the      
regulatory objective1 it shall design   
its regulations in the most             

cost-effective manner to achieve the    
regulatory objective4 ,in doing so1 each
 agency shall consider incentives for   
innovation1 consistency1 predictability1
 the costs of enforcement and compliance
 7to the government1 regulated entities1
 and the public71 flexibility1          
distributive impacts1 and equity4  7#e7 
,each agency shall assess both the costs
 and the benefits of the intended       
regulation and1 recognizing that some   
costs and benefits are difficult to     
quantify1 propose or adopt a regulation1
 unless expressly prohibited by law1    
only upon a reasoned determination that 
the benefits of the intended regulation 
justify its costs4  7#f7 ,each agency   
shall base its decisions on the best    
reasonably obtainable scientific1       
technical1 economic1 and other          
information concerning the need for1 and
 consequences of1 the intended          
regulation4  7#g7 ,each agency shall    
identify and assess alternative forms of
 regulation and shall1 to the extent    

feasible1 specify performance           
objectives1 rather than specifying the  
behavior or manner of compliance that   
regulated entities must adopt4  7#h7    
,each agency shall avoid regulations    
that are inconsistent1 incompatible1 or 
duplicative with its other regulations  
or those of other ,federal agencies4    
7#i7 ,each agency shall tailor its      
regulations to minimize the costs of the
 cumulative impact of regulations4      
7#aj7 ,each agency shall draft its      
regulations to be simple and easy to    
understand1 with the goal of minimizing 
the potential for uncertainty and       
litigation arising from such            
uncertainty4  7b7 ,regulatory action    
defined ,in this section1 the term      
regulatory action means any substantive 
action by an agency 7normally published 
in the ,federal ,register7 that         
promulgates or is expected to lead to   
the promulgation of a final rule or     
regulation1 including advance notices of
 proposed rulemaking and notices of     

proposed rulemaking4  4  #i4 ,expanding 
the scope of statements to accompany    
significant regulatory actions  7a7 ,in 
general ,subsection 7a7 of section #bjb 
of the ,unfunded ,mandates ,reform ,act 
of #aiie 7#b ,u4,s4,c4 #aecb7 is amended
 to read as follows3  7a7 ,in general   
,unless otherwise expressly prohibited  
by law1 before promulgating any general 
notice of proposed rulemaking or any    
final rule1 or within six months after  
promulgating any final rule that was not
 preceded by a general notice of        
proposed rulemaking1 if the proposed    
rulemaking or final rule includes a     
,federal mandate that may result in an  
annual effect on ,state1 local1 or      
tribal governments1 or to the private   
sector1 in the aggregate of #ajj1jjj1jjj
 or more in any #a year1 the agency     
shall prepare a written statement       
containing the following3  7#a7 ,the    
text of the draft proposed rulemaking or
 final rule1 together with a reasonably 
detailed description of the need for the

 proposed rulemaking or final rule and  
an explanation of how the proposed      
rulemaking or final rule will meet that 
need4  7#b7 ,an assessment of the       
potential costs and benefits of the     
proposed rulemaking or final rule1      
including an explanation of the manner  
in which the proposed rulemaking or     
final rule is consistent with a         
statutory requirement and avoids undue  
interference with ,state1 local1 and    
tribal governments in the exercise of   
their governmental functions4  7#c7 ,a  
qualitative and quantitative assessment1
 including the underlying analysis1 of  
benefits anticipated from the proposed  
rulemaking or final rule 7such as the   
promotion of the efficient functioning  
of the economy and private markets1 the 
enhancement of health and safety1 the   
protection of the natural environment1  
and the elimination or reduction of     
discrimination or bias74  7#d7 ,a       
qualitative and quantitative assessment1
 including the underlying analysis1 of  

costs anticipated from the proposed     
rulemaking or final rule 7such as the   
direct costs both to the ,government in 
administering the final rule and to     
businesses and others in complying with 
the final rule1 and any adverse effects 
on the efficient functioning of the     
economy1 private markets 7including     
productivity1 employment1 and           
international competitiveness71 health1 
safety1 and the natural environment74   
7#e7 ,estimates by the agency1 if and to
 the extent that the agency determines  
that accurate estimates are reasonably  
feasible1 of--  7,a7 the future         
compliance costs of the ,federal        
mandate2 and  7,b7 any disproportionate 
budgetary effects of the ,federal       
mandate upon any particular regions of  
the ,nation or particular ,state1 local1
 or tribal governments1 urban or rural  
or other types of communities1 or       
particular segments of the private      
sector4  7#f7  7,a7 ,a detailed         
description of the extent of the        

agency's prior consultation with the    
private sector and elected              
representatives 7under section #bjd7 of 
the affected ,state1 local1 and tribal  
governments4  7,b7 ,a detailed summary  
of the comments and concerns that were  
presented by the private sector and     
,state1 local1 or tribal governments    
either orally or in writing to the      
agency4  7,c7 ,a detailed summary of the
 agency's evaluation of those comments  
and concerns4  7#g7 ,a detailed summary 
of how the agency complied with each of 
the regulatory principles described in  
section #bja4  4  7b7 ,requirement for  
detailed summary ,subsection 7b7 of     
section #bjb of such ,act is amended by 
inserting detailed before summary4  #aj4
 ,enhanced stakeholder consultation     
,section #bjd of the ,unfunded ,mandates
 ,reform ,act of #aiie 7#b ,u4,s4,c4    
#aecd7 is amended--  7#a7 in the section
 heading1 by inserting and private      
sector before input2  7#b7 in subsection
 7a7--  7,a7 by inserting 1 and impacted

 parties within the private sector      
7including small business71 after on    
their behalf72  7,b7 by striking        
,federal intergovernmental mandates and 
inserting ,federal mandates2 and  7#c7  
by amending subsection 7c7 to read as   
follows3  7c7 ,guidelines ,for          
appropriate implementation of           
subsections 7a7 and 7b7 consistent with 
applicable laws and regulations1 the    
following guidelines shall be followed3 
7#a7 ,consultations shall take place as 
early as possible1 before issuance of a 
notice of proposed rulemaking1 continue 
through the final rule stage1 and be    
integrated explicitly into the          
rulemaking process4  7#b7 ,agencies     
shall consult with a wide variety of    
,state1 local1 and tribal officials and 
impacted parties within the private     
sector 7including small businesses74    
,geographic1 political1 and other       
factors that may differentiate varying  
points of view should be considered4    
7#c7 ,agencies should estimate benefits 

and costs to assist with these          
consultations4 ,the scope of the        
consultation should reflect the cost and
 significance of the ,federal mandate   
being considered4  7#d7 ,agencies shall1
 to the extent practicable--  7,a7 seek 
out the views of ,state1 local1 and     
tribal governments1 and impacted parties
 within the private sector 7including   
small business71 on costs1 benefits1 and
 risks2 and  7,b7 solicit ideas about   
alternative methods of compliance and   
potential flexibilities1 and input on   
whether the ,federal regulation will    
harmonize with and not duplicate similar
 laws in other levels of government4    
7#e7 ,consultations shall address the   
cumulative impact of regulations on the 
affected entities4  7#f7 ,agencies may  
accept electronic submissions of        
comments by relevant parties but may not
 use those comments as the sole method  
of satisfying the guidelines in this    
subsection4  4  #aa4 ,new authorities   
and responsibilities for ,office of     

,information and ,regulatory ,affairs   
,section #bjh of the ,unfunded ,mandates
 ,reform ,act of #aiie 7#b ,u4,s4,c4    
#aech7 is amended to read as follows3   
#bjh4 ,office of ,information and       
,regulatory ,affairs responsibilities   
7a7 ,in ,general ,the ,administrator of 
the ,office of ,information and         
,regulatory ,affairs shall provide      
meaningful guidance and oversight so    
that each agency's regulations for which
 a written statement is required under  
section #bjb are consistent with the    
principles and requirements of this     
title1 as well as other applicable laws1
 and do not conflict with the policies  
or actions of another agency4 ,if the   
,administrator determines that an       
agency's regulations for which a written
 statement is required under section    
#bjb do not comply with such principles 
and requirements1 are not consistent    
with other applicable laws1 or conflict 
with the policies or actions of another 
agency1 the ,administrator shall        

identify areas of non-compliance1 notify
 the agency1 and request that the agency
 comply before the agency finalizes the 
regulation concerned4  7b7 ,annual      
,statements to ,congress on ,agency     
,compliance ,the ,director of the       
,office of ,information and ,regulatory 
,affairs annually shall submit to       
,congress1 including the ,committee on  
,homeland ,security and ,governmental   
,affairs of the ,senate and the         
,committee on ,oversight and ,government
 ,reform of the ,house of               
,representatives1 a written report      
detailing compliance by each agency with
 the requirements of this title that    
relate to regulations for which a       
written statement is required by section
 #bjb1 including activities undertaken  
at the request of the ,director to      
improve compliance1 during the preceding
 reporting period4 ,the report shall    
also contain an appendix detailing      
compliance by each agency with section  
#bjd4  4  #ab4 ,retrospective analysis  

of existing ,federal regulations ,the   
,unfunded ,mandates ,reform ,act of     
#aiie 7,public ,law #ajd-d2 #b ,u4,s4,c4
 #aeaa et seq47 is amended--  7#a7 by   
redesignating section #bji as section   
#baj2 and  7#b7 by inserting after      
section #bjh the following new section  
#bji3  #bji4 ,retrospective analysis of 
existing ,federal regulations  7a7      
,requirement ,at the request of the     
chairman or ranking minority member of a
 standing or select committee of the    
,house of ,representatives or the       
,senate1 an agency shall conduct a      
retrospective analysis of an existing   
,federal regulation promulgated by an   
agency4  7b7 ,report ,each agency       
conducting a retrospective analysis of  
existing ,federal regulations pursuant  
to subsection 7a7 shall submit to the   
chairman of the relevant committee1     
,congress1 and the ,comptroller ,general
 a report containing1 with respect to   
each ,federal regulation covered by the 
analysis--  7#a7 a copy of the ,federal 

regulation2  7#b7 the continued need for
 the ,federal regulation2  7#c7 the     
nature of comments or complaints        
received concerning the ,federal        
regulation from the public since the    
,federal regulation was promulgated2    
7#d7 the extent to which the ,federal   
regulation overlaps1 duplicates1 or     
conflicts with other ,federal           
regulations1 and1 to the extent         
feasible1 with ,state and local         
governmental rules2  7#e7 the degree to 
which technology1 economic conditions1  
or other factors have changed in the    
area affected by the ,federal           
regulation2  7#f7 a complete analysis of
 the retrospective direct costs and     
benefits of the ,federal regulation that
 considers studies done outside the     
,federal ,government 7if any7 estimating
 such costs or benefits2 and  7#g7 any  
litigation history challenging the      
,federal regulation4  4  #ac4 ,expansion
 of judicial review ,section #dja7;a7 of
 the ,unfunded ,mandates ,reform ,act of

 #aiie 7#b ,u4,s4,c4 #aega7;a77 is      
amended--  7#a7 in paragraphs 7#a7 and  
7#b77;,a7--  7,a7 by striking sections  
#bjb and #bjc7;a77#a7 and 7#b7 each     
place it appears and inserting sections 
#bja1 #bjb1 #bjc7;a77#a7 and 7#b71 and  
#bje7;a7 and 7b72 and  7,b7 by striking 
only each place it appears2  7#b7 in    
paragraph 7#b77;,b71 by striking section
 #bjb and all that follows through the  
period at the end and inserting the     
following3 section #bjb1 prepare the    
written plan under section #bjc7;a77#a7 
and 7#b71 or comply with section        
#bje7;a7 and 7b71 a court may compel the
 agency to prepare such written         
statement1 prepare such written plan1 or
 comply with such section42 and  7#c7 in
 paragraph 7#c71 by striking written    
statement or plan is required and all   
that follows through shall not and      
inserting the following3 written        
statement under section #bjb1 a written 
plan under section #bjc7;a77#a7 and     
7#b71 or compliance with sections #bja  

and #bje7;a7 and 7b7 is required1 the   
inadequacy or failure to prepare such   
statement 7including the inadequacy or  
failure to prepare any estimate1        
analysis1 statement1 or description71 to
 prepare such written plan1 or to comply
 with such section may4  ,passed the    
,house of ,representatives ,february    
#bh1 #bjad4;,clerk4