[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2964 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2964
To amend the Unfunded Mandates Reform Act of 1995 to provide for
regulatory impact analyses for certain rules, consideration of the
least burdensome regulatory alternative, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2011
Mr. Yoder (for himself, Mr. McHenry, Mr. Quayle, Mr. Huelskamp, Mr.
Fleming, Mr. Landry, Mr. Posey, Mr. Price of Georgia, Mr. Flores, Mr.
Duncan of South Carolina, Mrs. Myrick, Mr. Pitts, Mr. Brady of Texas,
Mr. Roe of Tennessee, Mr. Herger, Mr. Rokita, Mr. Pompeo, and Mr.
Labrador) introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committees on the Judiciary, Rules, and the Budget, 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 the Unfunded Mandates Reform Act of 1995 to provide for
regulatory impact analyses for certain rules, consideration of the
least burdensome regulatory alternative, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unfunded Mandates Accountability Act
of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The public has a right to know the benefits and costs
of regulation. Regulations impose significant costs on
individuals, employers, State, local, and tribal governments,
diverting resources from other important priorities.
(2) Better regulatory analysis and review should improve
the quality of agency decisions, increasing the benefits and
reducing unwarranted costs of regulation.
(3) Disclosure and scrutiny of key information underlying
agency decisions should make Government more accountable to the
public it serves.
SEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.
Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by striking subsection (a) and inserting the following:
``(a) Definition.--In this section, the term `cost' means the cost
of compliance and any reasonably foreseeable indirect costs, including
revenues lost as a result of an agency rule subject to this section.
``(b) In General.--Before promulgating any proposed or final rule
that may have an annual effect on the economy of $100,000,000 or more
(adjusted for inflation), or that may result in the expenditure by
State, local, and tribal governments, in the aggregate, of $100,000,000
or more (adjusted for inflation) in any 1 year, each agency shall
prepare and publish in the Federal Register an initial and final
regulatory impact analysis. The initial regulatory impact analysis
shall accompany the agency's notice of proposed rulemaking and shall be
open to public comment. The final regulatory impact analysis shall
accompany the final rule.
``(c) Content.--The initial and final regulatory impact analysis
under subsection (b) shall include--
``(1)(A) an analysis of the anticipated benefits and costs
of the rule, which shall be quantified to the extent feasible;
``(B) an analysis of the benefits and costs of a reasonable
number of regulatory alternatives within the range of the
agency's discretion under the statute authorizing the rule,
including alternatives that--
``(i) require no action by the Federal Government;
and
``(ii) use incentives and market-based means to
encourage the desired behavior, provide information
upon which choices can be made by the public, or employ
other flexible regulatory options that permit the
greatest flexibility in achieving the objectives of the
statutory provision authorizing the rule; and
``(C) an explanation that the rule meets the requirements
of section 205;
``(2) an assessment of the extent to which--
``(A) the costs to State, local, and tribal
governments may be paid with Federal financial
assistance (or otherwise paid for by the Federal
Government); and
``(B) there are available Federal resources to
carry out the rule;
``(3) estimates of--
``(A) any disproportionate budgetary effects of the
rule upon any particular regions of the Nation or
particular State, local, or tribal governments, urban
or rural or other types of communities, or particular
segments of the private sector; and
``(B) the effect of the rule on job creation or job
loss, which shall be quantified to the extent feasible;
and
``(4)(A) a description of the extent of the agency's prior
consultation with elected representatives (under section 204)
of the affected State, local, and tribal governments;
``(B) a summary of the comments and concerns that were
presented by State, local, or tribal governments either orally
or in writing to the agency; and
``(C) a summary of the agency's evaluation of those
comments and concerns.'';
(4) in subsection (d) (as redesignated by paragraph (2) of
this subsection), by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(5) in subsection (e) (as redesignated by paragraph (2) of
this subsection), by striking ``subsection (a)'' each place
that term appears and inserting ``subsection (b)''.
SEC. 4. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.
Section 205 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1535) is amended to read as follows:
``SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.
``Before promulgating any proposed or final rule for which a
regulatory impact analysis is required under section 202, the agency
shall--
``(1) identify and consider a reasonable number of
regulatory alternatives within the range of the agency's
discretion under the statute authorizing the rule, including
alternatives required under section 202(c)(1)(B); and
``(2) from the alternatives described under paragraph (1),
select the least costly, most cost-effective, or least
burdensome alternative that achieves the objectives of the
statute.''.
SEC. 5. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY AGENCIES.
(a) In General.--Section 421(1) of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 658(1)) is amended by
striking ``, but does not include independent regulatory agencies''.
(b) Exemption for Monetary Policy.--The Unfunded Mandates Reform
Act of 1995 (2 U.S.C. 1501 et seq.) is amended by inserting after
section 5 the following:
``SEC. 6. EXEMPTION FOR MONETARY POLICY.
``Nothing in title II, III, 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 Committee.''.
SEC. 6. JUDICIAL REVIEW.
Section 401 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1571) is amended to read as follows:
``SEC. 401. JUDICIAL REVIEW.
``(a) In General.--For any rule subject to section 202, a party
aggrieved by final agency action is entitled to judicial review of an
agency's analysis under and compliance with subsections (b) and (c)(1)
of section 202 and section 205. The scope of review shall be governed
by chapter 7 of title 5, United States Code.
``(b) Jurisdiction.--Each court having jurisdiction to review a
rule subject to section 202 for compliance with section 553 of title 5,
United States Code, or under any other provision of law, shall have
jurisdiction to review any claims brought under subsection (a) of this
section.
``(c) Relief Available.--In granting relief in an action under this
section, the court shall order the agency to take remedial action
consistent with chapter 7 of title 5, United States Code, including
remand and vacatur of the rule.''.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 90 days after the date of enactment of
this Act.
<all>