,,ii ,calendar ,no4 #fdc #aafth ,,congress #b;d ,session ,s4 #djgg ,report ,no4 #aaf-ccc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be1 #bjbj,mr4 ,portman 7for himself1 ,mrs4 ,fischer1 ,mr4 ,lankford1 and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,december #af1 #bjbj,reported by ,mr4 ,johnson1 with an amendment,insert the part printed in italic ,a ,,bill ,to amend the ,unfunded ,mandates ,reform ,act of #aiie to provide for regulatory impact analyses for certain rules1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,unfunded ,mandates ,accountability and ,transparency ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the public has a right to know the benefits and costs of regulation4 ,effective regulatory programs provide important benefits to the public1 including protecting the environment1 worker safety1 and human health4 ,regulations also impose significant costs on individuals1 employers1 and ,state1 local1 and ,tribal governments1 diverting resources from other important priorities4 7#b7 ,better regulatory analysis and review should improve the quality of agency decisions1 increasing the benefits and reducing unwarranted costs of regulation4 7#c7 ,disclosure and scrutiny of key information underlying agency decisions should make the ,federal ,government more accountable to the public it serves4 #c4 ,regulatory impact analyses for certain rules ,the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aeja et seq47 is amended-- 7#a7 by striking tribal each place that term appears and inserting ,tribal2 7#b7 in section #c 7#b ,u4,s4,c4 #aejb7-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 the term major rule means a rule1 as defined in section #eea of title #e1 ,united ,states ,code1 that the ,administrator of the ,office of ,information and ,regulatory ,affairs determines is likely to cause-- 7,a7 an annual effect on the economy of #ajj1jjj1jjj or more1 adjusted once every #e years to reflect increases in the ,consumer ,price ,index for ,all ,urban ,consumers1 as published by the ,bureau of ,labor ,statistics of the ,department of ,labor2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 local1 or ,tribal government agencies1 or geographic regions2 or 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 public health and safety1 or the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets4 2 and 7#c7 in section #bjb 7#b ,u4,s4,c4 #aecb7-- 7,a7 by striking the section heading and inserting the following3 #bjb4 ,regulatory impact analyses for certain rules 2 7,b7 by redesignating subsections 7b7 and 7c7 as subsections 7d7 and 7e71 respectively2 7,c7 by striking subsection 7a7 and inserting the following3 7a7 ,definition of cost ,in this section1 the term cost means the cost of compliance and any reasonably foreseeable indirect costs1 including revenues lost1 as a result of a major rule of an agency that is subject to this section4 7b7 ,regulatory impact analyses 7#a7 ,requirement ,before promulgating any proposed or final major rule1 the agency promulgating the major rule shall prepare and publish in the ,federal ,register an initial and final regulatory impact analysis with respect to the major rule4 7#b7 ,initial regulatory impact analysis ,an initial regulatory impact analysis required under paragraph 7#a7 shall-- 7,a7 accompany the notice of proposed rulemaking with respect to the major rule that is the subject of the analysis2 and 7,b7 be open to public comment4 7#c7 ,final regulatory impact analysis ,a final regulatory impact analysis required under paragraph 7#a7 shall accompany the final major rule that is the subject of the analysis4 7c7 ,content ,each initial and final regulatory impact analysis prepared and published under subsection 7b7 shall include1 with respect to the major rule that is the subject of the analysis-- 7#a7 7,a7 an analysis of the anticipated benefits and costs of the major rule1 which shall be quantified to the extent feasible2 7,b7 an analysis of the benefits and costs of a reasonable number of regulatory alternatives within the range of the discretion of the agency under the statute authorizing the major rule1 including alternatives that-- 7i7 require no action by the ,federal ,government2 and 7ii7 7,i7 use incentives and market-based means to encourage the desired behavior2 7,,ii7 provide information based upon which the public can make choices2 or 7,,iii7 employ other flexible regulatory options that permit the greatest flexibility in achieving the objectives of the statute authorizing the major rule2 and 7,c7 an explanation of how the major rule complies with the requirements of section #bje2 7#b7 an assessment of the extent to which-- 7,a7 the costs to ,state1 local1 and ,tribal governments may be paid with ,federal financial assistance 7or otherwise paid for by the ,federal ,government72 and 7,b7 ,federal resources are available to carry out the major rule2 7#c7 estimates of-- 7,a7 any disproportionate budgetary effects of the major rule upon any particular-- 7i7 regions of the ,united ,states2 7ii7 ,state1 local1 or ,tribal governments2 7iii7 types of communities1 including urban or rural communities2 or 7iv7 segments of the private sector2 and 7,b7 the effect of the major rule on job creation or job loss1 which shall be quantified to the extent feasible2 and 7#d7 7,a7 a description of the extent of the prior consultation of the agency under section #bjd with elected representatives of each affected ,state1 local1 or ,tribal government2 7,b7 a summary of the comments and concerns that were presented to the agency orally or in writing by ,state1 local1 or ,tribal governments2 and 7,c7 a summary of the evaluation by the agency of the comments and concerns described in subparagraph 7,b74 2 7,d7 in subsection 7d71 as so redesignated1 by striking a statement under subsection 7a7 is required1 the agency shall include in the promulgation a summary of the information contained in the statement and inserting an analysis under subsection 7b7 is required1 the agency promulgating the major rule shall include in the promulgation a summary of the information contained in the analysis2 and 7,e7 in subsection 7e71 as so redesignated1 by striking any statement required under subsection 7a7 in conjunction with or as a part of any other statement or analysis1 provided that the statement or analysis satisfies the provisions of subsection 7a7 and inserting any analysis required under subsection 7b7 in conjunction with1 or as a part of1 any other statement or analysis if the other statement or analysis satisfies the requirements of subsections 7b7 and 7c74 #d4 ,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 businesses71 after on their behalf72 and 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 businesses71 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 #e4 ,maximize net benefits or provide explanation ,title ,,ii of the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aeca et seq47 is amended by striking section #bje 7#b ,u4,s4,c4 #aece7 and inserting the following3 #bje4 ,maximize net benefits 7a7 ,definition of cost ,in this section1 the term cost has the meaning given the term in section #bjb7;a74 7b7 ,requirement ,before promulgating any proposed or final major rule for which a regulatory impact analysis is required under section #bjb1 an agency shall from the alternatives identified and considered under section #bjb7;c77#a77;,b71 select the alternative that maximizes net benefits1 taking into consideration only the costs and benefits that arise within the scope of the statutory provision that authorizes the rulemaking4 7c7 ,exceptions ,an agency may adopt an alternative other than as required under subsection 7b7 only if-- 7#a7 the ,administrator of the ,office of ,information and ,regulatory ,affairs approves the adoption by the agency of the alternative2 and 7#b7 the alternative is adopted to-- 7,a7 account for costs or benefits that cannot be quantified1 including costs or benefits related to constitutional or civil rights1 provided that the agency identifies all such costs and benefits and explains why those costs and benefits justify the adoption of the alternative2 or 7,b7 achieve additional benefits or cost reductions1 provided that the agency-- 7i7 identifies-- 7,i7 all such additional benefits and the associated costs of those benefits2 and 7,,ii7 all such cost reductions and the associated benefits of those cost reductions2 and 7ii7 explains why-- 7,i7 the additional benefits justify the additional costs2 or 7,,ii7 the additional cost reductions justify any benefits foregone4 4 #f4 ,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 7in this section referred to as the ,administrator7 shall provide meaningful guidance and oversight so that the major rules of an agency for which a regulatory impact analysis is required under section #bjb-- 7#a7 are consistent with the principles and requirements of this title1 as well as other applicable laws2 and 7#b7 and do not conflict with the policies or actions of another agency4 7b7 ,notification ,if the ,administrator determines that the major rules of an agency for which a regulatory impact analysis is required under section #bjb do not comply with the principles and requirements of this title1 are not consistent with other applicable laws1 or conflict with the policies or actions of another agency1 the ,administrator shall-- 7#a7 identify areas of noncompliance2 7#b7 notify the agency2 and 7#c7 request that the agency comply before the agency finalizes the major rule concerned4 7c7 ,annual statements to ,congress on agency compliance ,the ,administrator shall submit to ,congress1 including the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives1 an annual written report that1 for the #a-year period preceding the report-- 7#a7 details compliance by each agency with the requirements of this title that relate to major rules for which a regulatory impact analysis is required by section #bjb1 including activities undertaken at the request of the ,administrator to improve compliance2 and 7#b7 contains an appendix detailing compliance by each agency with section #bjd4 4 #g4 ,initiation of rulemaking ,the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aeja et seq47 is amended-- 7#a7 by redesignating section #bji 7#b ,u4,s4,c4 #aeca note7 as section #baj2 and 7#b7 by inserting after section #bjh 7#b ,u4,s4,c4 #aedh7 the following3 #bji4 ,initiation of rulemaking for major rules ,when an agency determines to initiate a rulemaking that may result in a major rule1 the agency shall-- 7#a7 establish an electronic docket for that rulemaking1 which may have a physical counterpart2 and 7#b7 publish a notice of initiation of rulemaking in the ,federal ,register1 which shall-- 7,a7 briefly describe the subject and objectives of1 and the problem to be solved by1 the major rule2 7,b7 refer to the legal authority under which the major rule would be proposed1 including the specific statutory provision that authorizes the rulemaking2 7,c7 invite interested persons to propose alternatives and other ideas regarding how best to accomplish the objectives of the agency in the most effective manner2 7,d7 indicate how interested persons may submit written material for the docket2 and 7,e7 appear in the ,federal ,register not later than #ij days before the date on which the agency publishes a notice of proposed rulemaking for the major rule4 4 #h4 ,inclusion of application to independent regulatory agencies 7a7 ,in general ,section #dba7a7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #feh7a77 is amended by striking 1 but does not include independent regulatory agencies4 7b7 ,exemption for monetary policy ,the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aeja et seq47 is amended by inserting after section #e the following3 #f4 ,exemption for monetary policy ,nothing in title ,,ii1 ,,iii1 or ,,iv shall apply to rules that concern monetary policy proposed or implemented by the ,board of ,governors of the ,federal ,reserve ,system or the ,federal ,open ,market ,committee4 4 #i4 ,judicial review ,title ,,iv of the ,unfunded ,mandates ,reform ,act of #aiie is amended by striking section #dja 7#b ,u4,s4,c4 #aega7 and inserting the following3 #dja4 ,judicial review 7a7 ,in general ,a person that is aggrieved by final agency action in adopting a major rule that is subject to section #bjb is entitled to judicial review of whether the agency complied with section #bjb7;b71 #bjb7;c77#a71 or #bje with respect to the rule4 7b7 ,scope of review ,chapter #g of title #e1 ,united ,states ,code1 shall govern the scope of judicial review under subsection 7a74 7c7 ,jurisdiction ,each court that has jurisdiction to review a rule for compliance with section #eec of title #e1 ,united ,states ,code1 or under any other provision of law1 shall have jurisdiction to review a claim brought under subsection 7a74 7d7 ,relief available ,in granting relief in an action under this section1 a court shall order the agency that promulgated the major rule that is under review to take remedial action consistent with chapter #g of title #e1 ,united ,states ,code4 4 #aj4 ,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 striking section #dbd7;a77#a7 and inserting subsection 7a77#a7 or 7b77#a7 of section #dbd4 #aa4 ,effective date ,sections #c1 #d1 #e1 and #g of this ,act and the amendments made by those sections shall take effect on the date that is #abj days after the date of enactment of this ,act4 ,december #af1 #bjbj,reported with an amendment