I 

113TH CONGRESS 

2D SESSION H. R. 4655 

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 

MAY 9, 2014 

Mr. YODER 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Unfunded Mandates 

5 Accountability Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 4655 IH

1 (1) The public has a right to know the benefits 

2 and costs of regulation. Regulations impose signifi3 cant costs on individuals, employers, State, local, 

4 and tribal governments, diverting resources from 

5 other important priorities. 

6 (2) Better regulatory analysis and review 

7 should improve the quality of agency decisions, in8 creasing the benefits and reducing unwarranted 

9 costs of regulation. 

10 (3) Disclosure and scrutiny of key information 

11 underlying agency decisions should make Govern12 ment more accountable to the public it serves. 

13 SEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN 

14 RULES. 

15 Section 202 of the Unfunded Mandates Reform Act 

16 of 1995 (2 U.S.C. 1532) is amended— 

17 (1) by striking the section heading and insert18 ing the following: 

19 ‘‘SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN 

20 RULES.’’; 

21 (2) by redesignating subsections (b) and (c) as 

22 subsections (d) and (e), respectively; 

23 (3) by striking subsection (a) and inserting the 

24 following: 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 4655 IH

1 ‘‘(a) DEFINITION.—In this section, the term ‘cost’ 

2 means the cost of compliance and any reasonably foresee3 able indirect costs, including revenues lost as a result of 

4 an agency rule subject to this section. 

5 ‘‘(b) IN GENERAL.—Before promulgating any pro6 posed or final rule that may have an annual effect on the 

7 economy of $100,000,000 or more (adjusted for inflation), 

8 or that may result in the expenditure by State, local, and 

9 tribal governments, in the aggregate, of $100,000,000 or 

10 more (adjusted for inflation) in any 1 year, each agency 

11 shall prepare and publish in the Federal Register an initial 

12 and final regulatory impact analysis. The initial regulatory 

13 impact analysis shall accompany the agency’s notice of 

14 proposed rulemaking and shall be open to public comment. 

15 The final regulatory impact analysis shall accompany the 

16 final rule. 

17 ‘‘(c) CONTENT.—The initial and final regulatory im18 pact analysis under subsection (b) shall include— 

19 ‘‘(1)(A) an analysis of the anticipated benefits 

20 and costs of the rule, which shall be quantified to 

21 the extent feasible; 

22 ‘‘(B) an analysis of the benefits and costs of a 

23 reasonable number of regulatory alternatives within 

24 the range of the agency’s discretion under the statVerDate Mar 15 2010 21:03 May 18, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4655.IH H4655

emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 4655 IH

1 ute authorizing the rule, including alternatives 

2 that— 

3 ‘‘(i) require no action by the Federal Gov4 ernment; and 

5 ‘‘(ii) use incentives and market-based 

6 means to encourage the desired behavior, pro7 vide information upon which choices can be 

8 made by the public, or employ other flexible 

9 regulatory options that permit the greatest 

10 flexibility in achieving the objectives of the stat11 utory provision authorizing the rule; and 

12 ‘‘(C) an explanation that the rule meets the re13 quirements of section 205; 

14 ‘‘(2) an assessment of the extent to which— 

15 ‘‘(A) the costs to State, local, and tribal 

16 governments may be paid with Federal financial 

17 assistance (or otherwise paid for by the Federal 

18 Government); and 

19 ‘‘(B) there are available Federal resources 

20 to carry out the rule; 

21 ‘‘(3) estimates of— 

22 ‘‘(A) any disproportionate budgetary ef23 fects of the rule upon any particular regions of 

24 the Nation or particular State, local, or tribal 

25 governments, urban or rural or other types of 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 4655 IH

1 communities, or particular segments of the pri2 vate sector; and 

3 ‘‘(B) the effect of the rule on job creation 

4 or job loss, which shall be quantified to the ex5 tent feasible; and 

6 ‘‘(4)(A) a description of the extent of the agen7 cy’s prior consultation with elected representatives 

8 (under section 204) of the affected State, local, and 

9 tribal governments; 

10 ‘‘(B) a summary of the comments and concerns 

11 that were presented by State, local, or tribal govern12 ments either orally or in writing to the agency; and 

13 ‘‘(C) a summary of the agency’s evaluation of 

14 those comments and concerns.’’; 

15 (4) in subsection (d) (as redesignated by para16 graph (2) of this subsection), by striking ‘‘subsection 

17 (a)’’ and inserting ‘‘subsection (b)’’; and 

18 (5) in subsection (e) (as redesignated by para19 graph (2) of this subsection), by striking ‘‘subsection 

20 (a)’’ each place that term appears and inserting 

21 ‘‘subsection (b)’’. 

22 SEC. 4. LEAST BURDENSOME OPTION OR EXPLANATION RE23 QUIRED. 

24 Section 205 of the Unfunded Mandates Reform Act 

25 of 1995 (2 U.S.C. 1535) is amended to read as follows: 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 4655 IH

1 ‘‘SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION 

2 REQUIRED. 

3 ‘‘Before promulgating any proposed or final rule for 

4 which a regulatory impact analysis is required under sec5 tion 202, the agency shall— 

6 ‘‘(1) identify and consider a reasonable number 

7 of regulatory alternatives within the range of the 

8 agency’s discretion under the statute authorizing the 

9 rule, including alternatives required under section 

10 202(c)(1)(B); and 

11 ‘‘(2) from the alternatives described under 

12 paragraph (1), select the least costly, most cost-ef13 fective, or least burdensome alternative that achieves 

14 the objectives of the statute.’’. 

15 SEC. 5. INCLUSION OF APPLICATION TO INDEPENDENT 

16 REGULATORY AGENCIES. 

17 (a) IN GENERAL.—Section 421(1) of the Congres18 sional Budget and Impoundment Control Act of 1974 (2 

19 U.S.C. 658(1)) is amended by striking ‘‘, but does not in20 clude independent regulatory agencies’’. 

21 (b) EXEMPTION FOR MONETARY POLICY.—The Un22 funded Mandates Reform Act of 1995 (2 U.S.C. 1501 et 

23 seq.) is amended by inserting after section 5 the following: 

24 ‘‘SEC. 6. EXEMPTION FOR MONETARY POLICY. 

25 ‘‘Nothing in title II, III, or IV shall apply to rules 

26 that concern monetary policy proposed or implemented by 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 4655 IH

1 the Board of Governors of the Federal Reserve System 

2 or the Federal Open Market Committee.’’. 

3 SEC. 6. JUDICIAL REVIEW. 

4 Section 401 of the Unfunded Mandates Reform Act 

5 of 1995 (2 U.S.C. 1571) is amended to read as follows: 

6 ‘‘SEC. 401. JUDICIAL REVIEW. 

7 ‘‘(a) IN GENERAL.—For any rule subject to section 

8 202, a party aggrieved by final agency action is entitled 

9 to judicial review of an agency’s analysis under and in 

10 compliance with subsections (b) and (c)(1) of section 202 

11 and section 205. The scope of review shall be governed 

12 by chapter 7 of title 5, United States Code. 

13 ‘‘(b) JURISDICTION.—Each court having jurisdiction 

14 to review a rule subject to section 202 for compliance with 

15 section 553 of title 5, United States Code, or under any 

16 other provision of law, shall have jurisdiction to review any 

17 claims brought under subsection (a) of this section. 

18 ‘‘(c) RELIEF AVAILABLE.—In granting relief in an 

19 action under this section, the court shall order the agency 

20 to take remedial action consistent with chapter 7 of title 

21 5, United States Code, including remand and vacatur of 

22 the rule.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
8 

•HR 4655 IH

1 SEC. 7. EFFECTIVE DATE. 

2 This Act shall take effect 90 days after the date of 

3 enactment of this Act. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS