(B) by striking ‘‘Federal intergovernmental 
mandates’’ and inserting ‘‘Federal mandates’’; 
and 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) GUIDELINES.—For appropriate implementation 
of subsections (a) and (b) consistent with applicable laws 
and regulations, the following guidelines shall be followed: 
‘‘(1) Consultations shall take place as early as 
possible, before issuance of a notice of proposed rule-
making, continue through the final rule stage, and 
be integrated explicitly into the rulemaking process. 
‘‘(2) Agencies shall consult with a wide variety 
of State, local, and tribal officials and impacted par-
ties within the private sector (including small busi-
nesses). Geographic, political, and other factors that 
may differentiate varying points of view should be 
considered. 
‘‘(3) Agencies should estimate benefits and 
costs to assist with these consultations. The scope of 
the consultation should reflect the cost and signifi-
cance of the Federal mandate being considered. 
‘‘(4) Agencies shall, to the extent practicable— 
‘‘(A) seek out the views of State, local, and 
tribal governments, and impacted parties within 
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the private sector (including small business), on 
costs, benefits, and risks; and 
‘‘(B) solicit ideas about alternative meth-
ods of compliance and potential flexibilities, and 
input on whether the Federal regulation will 
harmonize with and not duplicate similar laws 
in other levels of government. 
‘‘(5) Consultations shall address the cumulative 
impact of regulations on the affected entities. 
‘‘(6) Agencies may accept electronic submis-
sions of comments by relevant parties but may not 
use those comments as the sole method of satisfying 
the guidelines in this subsection.’’. 
SEC. 11. NEW AUTHORITIES AND RESPONSIBILITIES FOR 
OFFICE OF INFORMATION AND REGULATORY 
AFFAIRS. 
Section 208 of the Unfunded Mandates Reform Act 
of 1995 (2 U.S.C. 1538) is amended to read as follows: 
‘‘SEC. 208. OFFICE OF INFORMATION AND REGULATORY AF-
FAIRS RESPONSIBILITIES. 
‘‘(a) IN GENERAL.—The Administrator of the Office 
of Information and Regulatory Affairs shall provide mean-
ingful guidance and oversight so that each agency’s regu-
lations for which a written statement is required under 
section 202 are consistent with the principles and require-
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ments of this title, as well as other applicable laws, and 
do not conflict with the policies or actions of another agen-
cy. If the Administrator determines that an agency’s regu-
lations for which a written statement is required under 
section 202 do not comply with such principles and re-
quirements, are not consistent with other applicable laws, 
or conflict with the policies or actions of another agency, 
the Administrator shall identify areas of non-compliance, 
notify the agency, and request that the agency comply be-
fore the agency finalizes the regulation concerned. 
‘‘(b) ANNUAL STATEMENTS TO CONGRESS ON AGEN-
CY COMPLIANCE.—The Director of the Office of Informa-
tion and Regulatory Affairs annually shall submit to Con-
gress, including the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee 
on Oversight and Government Reform of the House of 
Representatives, 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 202, including activities undertaken at the re-
quest of the Director to improve compliance, during the 
preceding reporting period. The report shall also contain 
an appendix detailing compliance by each agency with sec-
tion 204.’’. 
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SEC. 12. RETROSPECTIVE ANALYSIS OF EXISTING FEDERAL 
REGULATIONS. 
The Unfunded Mandates Reform Act of 1995 (Public 
Law 104–4; 2 U.S.C. 1511 et seq.) is amended— 
(1) by redesignating section 209 as section 210; 
and 
(2) by inserting after section 208 the following 
new section 209: 
‘‘SEC. 209. RETROSPECTIVE ANALYSIS OF EXISTING FED-
ERAL REGULATIONS. 
‘‘(a) REQUIREMENT.—At the request of the chairman 
or ranking minority member of a standing or select com-
mittee of the House of Representatives or the Senate, an 
agency shall conduct a retrospective analysis of an existing 
Federal regulation promulgated by an agency. 
‘‘(b) REPORT.—Each agency conducting a retrospec-
tive analysis of existing Federal regulations pursuant to 
subsection (a) shall submit to the chairman of the relevant 
committee, Congress, and the Comptroller General a re-
port containing, with respect to each Federal regulation 
covered by the analysis— 
‘‘(1) a copy of the Federal regulation; 
‘‘(2) the continued need for the Federal regula-
tion; 
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‘‘(3) the nature of comments or complaints re-
ceived concerning the Federal regulation from the 
public since the Federal regulation was promulgated; 
‘‘(4) the extent to which the Federal regulation 
overlaps, duplicates, or conflicts with other Federal 
regulations, and, to the extent feasible, with State 
and local governmental rules; 
‘‘(5) the degree to which technology, economic 
conditions, or other factors have changed in the area 
affected by the Federal regulation; 
‘‘(6) a complete analysis of the retrospective di-
rect costs and benefits of the Federal regulation that 
considers studies done outside the Federal Govern-
ment (if any) estimating such costs or benefits; and 
‘‘(7) any litigation history challenging the Fed-
eral regulation.’’. 
SEC. 13. EXPANSION OF JUDICIAL REVIEW. 
Section 401(a) of the Unfunded Mandates Reform 
Act of 1995 (2 U.S.C. 1571(a)) is amended— 
(1) in paragraphs (1) and (2)(A)— 
(A) 
by 
striking 
‘‘sections 
202 
and 
203(a)(1) and (2)’’ each place it appears and 
inserting ‘‘sections 201, 202, 203(a) (1) and 
(2), and 205 (a) and (b)’’; and 
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(B) by striking ‘‘only’’ each place it ap-
pears; 
(2) in paragraph (2)(B), by striking ‘‘section 
202’’ and all that follows through the period at the 
end and inserting the following: ‘‘section 202, pre-
pare the written plan under section 203(a) (1) and 
(2), or comply with section 205 (a) and (b), a court 
may compel the agency to prepare such written 
statement, prepare such written plan, or comply with 
such section.’’; and 
(3) in paragraph (3), by striking ‘‘written state-
ment or plan is required’’ and all that follows 
through ‘‘shall not’’ and inserting the following: 
‘‘written statement under section 202, a written plan 
under section 203(a) (1) and (2), or compliance with 
sections 201 and 205 (a) and (b) is required, the in-
adequacy or failure to prepare such statement (in-
cluding the inadequacy or failure to prepare any es-
timate, analysis, statement, or description), to pre-
pare such written plan, or to comply with such sec-
tion may’’. 
Æ 
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