II 

113TH CONGRESS 

2D SESSION S. 2931 

To amend the Unfunded Mandates Reform Act of 1995 to provide for regulatory impact analyses for certain rules and consideration of the least 

burdensome regulatory alternative, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2014 

Mr. PORTMAN (for himself and Mr. CRAPO) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Unfunded Mandates Reform Act of 1995 

to provide for regulatory impact analyses for certain 

rules and 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 2014’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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

2 and costs of regulation. Effective regulatory pro3 grams provide important benefits to the public, in4 cluding protecting the environment, worker safety, 

5 and human health. Regulations also impose signifi6 cant costs on individuals, employers, and State, 

7 local, and tribal governments, diverting resources 

8 from other important priorities. 

9 (2) Better regulatory analysis and review 

10 should improve the quality of agency decisions, in11 creasing the benefits and reducing unwarranted 

12 costs of regulation. 

13 (3) Disclosure and scrutiny of key information 

14 underlying agency decisions should make the Fed15 eral Government more accountable to the public it 

16 serves. 

17 SEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN 

18 RULES. 

19 (a) REGULATORY IMPACT ANALYSES FOR CERTAIN

20 RULES.—Section 202 of the Unfunded Mandates Reform 

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

22 (1) by striking the section heading and insert23 ing the following: 


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

2 RULES.’’; 

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

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

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

6 following: 

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

8 means the cost of compliance and any reasonably foresee9 able indirect costs, including revenues lost as a result of 

10 an agency rule subject to this section. 

11 ‘‘(b) IN GENERAL.— 

12 ‘‘(1) REGULATORY IMPACT ANALYSIS RE13 QUIRED.—Before promulgating any proposed or 

14 final rule that may have an annual effect on the 

15 economy of $100,000,000 or more (adjusted for in16 flation), or that may result in the expenditure by 

17 State, local, and tribal governments, in the aggre18 gate, of $100,000,000 or more (adjusted for infla19 tion) in any 1 year, each agency shall prepare and 

20 publish in the Federal Register an initial and final 

21 regulatory impact analysis. 

22 ‘‘(2) INITIAL REGULATORY IMPACT ANALYSIS.— 

23 The initial regulatory impact analysis required under 

24 paragraph (1) shall— 

25 ‘‘(A) accompany the notice of proposed 

26 rulemaking; and 


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1 ‘‘(B) be open to public comment. 

2 ‘‘(3) FINAL REGULATORY IMPACT ANALYSIS.— 

3 The final regulatory impact analysis required under 

4 paragraph (1) shall accompany the final rule. 

5 ‘‘(c) CONTENT.—The initial and final regulatory im6 pact analysis under subsection (b) shall include— 

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

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

9 the extent feasible; 

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

11 reasonable number of regulatory alternatives within 

12 the range of the agency’s discretion under the stat13 ute authorizing the rule, including alternatives 

14 that— 

15 ‘‘(i) require no action by the Federal Gov16 ernment; and 

17 ‘‘(ii)(I) use incentives and market-based 

18 means to encourage the desired behavior; 

19 ‘‘(II) provide information based upon 

20 which the public can make choices; or 

21 ‘‘(III) employ other flexible regulatory op22 tions that permit the greatest flexibility in 

23 achieving the objectives of the statute author24 izing the rule; and 


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1 ‘‘(C) an explanation of how the rule complies 

2 with the requirements of section 205; 

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

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

5 governments may be paid with Federal financial 

6 assistance (or otherwise paid for by the Federal 

7 Government); and 

8 ‘‘(B) Federal resources are available to 

9 carry out the rule; 

10 ‘‘(3) estimates of— 

11 ‘‘(A) any disproportionate budgetary ef12 fects of the rule upon any particular— 

13 ‘‘(i) regions of the United States; 

14 ‘‘(ii) State, local, or tribal govern15 ments; 

16 ‘‘(iii) types of communities, including 

17 urban or rural communities; or 

18 ‘‘(iv) segments of the private sector; 

19 and 

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

21 or job loss, which shall be quantified to the ex22 tent feasible; and 

23 ‘‘(4)(A) a description of the extent of the agen24 cy’s prior consultation under section 204 with electVerDate Sep 11 2014 02:23 Nov 18, 2014 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2931.IS S2931

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1 ed representatives of each affected State, local, or 

2 tribal government; 

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

4 that were presented to the agency orally or in writ5 ing by State, local, or tribal governments; and 

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

7 the comments and concerns described in subpara8 graph (B).’’; 

9 (4) in subsection (d), as redesignated, by strik10 ing ‘‘subsection (a)’’ and inserting ‘‘subsection (b)’’; 

11 and 

12 (5) in subsection (e), as redesignated, by strik13 ing ‘‘subsection (a)’’ each place that term appears 

14 and inserting ‘‘subsection (b)’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

16 The table of sections for the Unfunded Mandates Reform 

17 Act of 1995 is amended by striking the item relating to 

18 section 202 and inserting the following: 

‘‘Sec. 202. Regulatory impact analyses for certain rules.’’. 

19 SEC. 4. LEAST BURDENSOME OPTION OR EXPLANATION RE20 QUIRED. 

21 Title II of the Unfunded Mandates Reform Act of 

22 1995 is amended by striking section 205 (2 U.S.C. 1535) 

23 and inserting the following: 


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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 


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1 the Board of Governors of the Federal Reserve System 

2 or the Federal Open Market Committee.’’. 

3 SEC. 6. JUDICIAL REVIEW. 

4 Title IV of the Unfunded Mandates Reform Act of 

5 1995 is amended by striking section 401 (2 U.S.C. 1571) 

6 and inserting the following: 

7 ‘‘SEC. 401. JUDICIAL REVIEW. 

8 ‘‘(a) IN GENERAL.—For a rule that is subject to sec9 tion 202, a person aggrieved by final agency action in 

10 adopting the rule is entitled to judicial review of the agen11 cy’s compliance with section 202(b), 202(c)(1), or 205 

12 with respect to the rule. 

13 ‘‘(b) SCOPE OF REVIEW.—Chapter 7 of title 5, 

14 United States Code, shall govern the scope of judicial re15 view under subsection (a). 

16 ‘‘(c) JURISDICTION.—Each court that has jurisdic17 tion to review a rule for compliance with section 553 of 

18 title 5, United States Code, or under any other provision 

19 of law, shall have jurisdiction to review a claim brought 

20 under subsection (a) of this section. 

21 ‘‘(d) RELIEF AVAILABLE.—In granting relief in an 

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

23 to take remedial action consistent with chapter 7 of title 

24 5, United States Code, including remand and vacatur.’’. 


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1 SEC. 7. EFFECTIVE DATE. 

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

3 enactment of this Act. 

Æ 


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