datamatters24/research-document-archive huggingface dataset:
the agency estimates will provide the greatest bene-
fits for the least cost in meeting the regulatory ob-
jective set under subparagraph (B) and, in devel-
oping such regulatory options, shall apply the fol-
lowing principles: 
‘‘(i) The agency shall assume that individ-
uals are rational and not qualify that assump-
tion unless the agency— 
‘‘(I) has conclusive evidence of a detri-
mental systematic behavioral bias; and 
‘‘(II) can devise behavioral regulatory 
options that do not preclude any choices of 
market participants. 
‘‘(ii) The agency shall, to the extent prac-
ticable, attempt to engage private incentives to 
solve a problem and not supplant private incen-
tives any more than necessary. 
‘‘(iii) The agency shall consider the adverse 
effects that mandates and prohibitions may 
have on innovation, economic growth, and em-
ployment. 
‘‘(iv) An agency’s risk assessment shall be 
confined to its jurisdiction, subject to specific 
regulatory authority. Agency assessments of the 
risks of adverse health and environmental ef-
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
fects shall follow standardized parameters, as-
sumptions, and methodologies. An agency also 
shall provide analyses of increases in risks, 
whatever their nature, produced by the regu-
latory options under consideration. 
‘‘(v) The agency shall avoid incongruities 
and duplication in regulation at the Federal, 
State, local, and tribal levels. 
‘‘(vi) The agency shall compare and con-
trast the regulatory options developed and ex-
plain how each would meet the regulatory objec-
tive set pursuant to subparagraph (B). 
‘‘(D) The agency shall estimate the costs and 
benefits of each regulatory option developed, not-
withstanding any provision of law that prohibits the 
agency from using costs in rulemaking, at least to 
the extent that the agency is able to— 
‘‘(i) exclude options whose costs exceed 
their benefits; 
‘‘(ii) rank the options by cost from lowest 
to highest; 
‘‘(iii) estimate the monetary cost of any 
adverse effects on private property rights, iden-
tify the categories of persons who experience a 
net loss from a regulatory option, and explain 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
why the negative effects cannot be lessened or 
avoided; 
‘‘(iv) establish whether the cost of an op-
tion exceeds $50,000,000 for any 12-month pe-
riod, except that the dollar amount shall be ad-
justed annually for inflation based on the GDP 
deflator, and the President may order that a 
lower dollar amount be used for a particular pe-
riod; and 
‘‘(v) identify the key uncertainties and as-
sumptions that drive the results and provide an 
analysis of how the ranking of the options and 
the threshold determination under clause (iv) 
may change if key assumptions are changed. 
‘‘(E) The estimates pursuant to subparagraph 
(D) shall— 
‘‘(i) follow the methodology established 
pursuant to paragraph (2)(A); 
‘‘(ii) to the maximum extent practicable, 
comply with any guidelines issued by the Ad-
ministrator of the Office of Information and 
Regulatory Affairs pertaining to cost-benefit 
analysis; and 
‘‘(iii) include, at a minimum— 
‘‘(I) agency administrative costs; 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(II) United States private sector 
compliance costs; 
‘‘(III) Federal, State, local, and tribal 
compliance costs; 
‘‘(IV) Federal, State, local, and tribal 
revenue impacts; 
‘‘(V) impacts from the regulatory op-
tions developed on United States industries 
in the role of suppliers and consumers to 
each industry substantially affected, espe-
cially in terms of employment, costs, vol-
ume and quality of output, and prices; 
‘‘(VI) nationwide impacts on overall 
economic output, productivity, consumer 
and producer prices; 
‘‘(VII) international competitiveness 
of United States companies; and 
‘‘(VIII) distortions in incentives and 
markets, including an estimate of the re-
sulting loss to the United States economy. 
‘‘(F) The agency shall publish for public com-
ment all analyses, documentation, and data under 
subparagraphs (A) through (D) for a public com-
ment period of at least 30 days (subject to applica-
ble limitations under law, including laws protecting 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
privacy, trade secrets, and intellectual property) and 
correct deficiencies or omissions that the agency be-
comes aware of before choosing a rule to propose. 
‘‘(2)(A) Beginning not later than the date that is 180 
days after the effective date of this section— 
‘‘(i) each agency shall, by rule, establish and 
maintain the specific cost-benefit analysis method-
ology appropriate to the functions and responsibil-
ities of that agency and establish an appropriate pe-
riod for review of new rules to assess the cost effec-
tiveness of each such new rule at achieving the ob-
jective identified under paragraph (1)(B)(i) the new 
rule was intended to address; 
‘‘(ii) the methodology so established shall— 
‘‘(I) include the standardized parameters, 
assumptions, and methodologies for agency as-
sessments of risk under paragraph (1)(C)(iv); 
‘‘(II) comply, to the maximum extent prac-
ticable, with technical standards for methodolo-
gies and assumptions issued by the Adminis-
trator for the Office of Information and Regu-
latory Affairs; 
‘‘(III) include the scope of benefits and 
costs consistent with the framework used and 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
the metrics identified in the establishment of 
the regulatory objective under paragraph (1); 
‘‘(IV) not include consideration of inci-
dental benefits but only those benefits that were 
considered in the establishment of the regu-
latory objective; 
‘‘(V) limit consideration of costs and bene-
fits to costs and benefits that accrue to the pop-
ulation of the United States; 
‘‘(VI) constrain the agency from presuming 
that continued augmentation or tightening of 
mandates and additional prohibitions cause 
benefits and costs to change linearly but deter-
mine at what point benefits will rise less than, 
and costs will rise more than, proportionally; 
‘‘(VII) include comparison of incremental 
benefits to incremental costs from any action 
the agency considers taking and refrain from 
actions whose incremental benefits do not ex-
ceed their incremental costs; and 
‘‘(VIII) include analysis of effects on pri-
vate incentives and possible unintended con-
sequences; and 
‘‘(iii) the agency shall adhere to the method-
ology so established in all rulemakings. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(B) If the agency does not select the least-cost regu-
latory option as its proposed rule, the agency shall justify 
its selection, explaining— 
‘‘(i) how that selection furthers other goals or 
requirements relevant to regulating matters within 
the agency’s jurisdiction and why these should over-
ride cost savings; and 
‘‘(ii) why each of the other regulatory options 
not chosen would not sufficiently further such other 
goals or requirements. 
‘‘(C) If the agency makes a determination under 
paragraph (1)(D) that the monetized cost of a rule exceeds 
the applicable monetary limit under clause (iv) of such 
paragraph for any 12-month period, the agency head 
shall— 
‘‘(i) first issue an advanced notice of proposed 
rulemaking; 
‘‘(ii) provide notice to the appropriate Congres-
sional committees and keep such committees in-
formed of the status of the rulemaking; and 
‘‘(iii) ensure that— 
‘‘(I) the agency shall notify the Adminis-
trator of the Small Business Administration, 
the Director of the Office of Management and 
Budget, and affected parties, and provide each 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
such person with information on the potential 
effects of the proposed rule on affected parties 
and the type of affected parties that might be 
affected; 
‘‘(II) not later than 15 days after the date 
of receipt of the materials described in sub-
clause (I), the Director, in consultation with the 
Administrator, shall identify representatives of 
affected parties, 25 percent of which shall rep-
resent small business concerns (as such term is 
defined in section 3(a) of the Small Business 
Act), when possible, and all the major stake-
holders shall have the opportunity to obtain ad-
vice and recommendations about the potential 
effects of the proposed rule; 
‘‘(III) the agency shall convene a review 
panel consisting wholly of full-time Federal offi-
cers, employees, and contractors in the agency 
responsible for the proposed rule, the Director, 
the Administrator, and the representatives of 
affected parties identified pursuant to subclause 
(II); 
‘‘(IV) the agency shall conduct a detailed 
analysis of the costs and benefits of the regu-
latory option it is advancing, and, in doing so— 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(aa) the agency shall consider the 
cumulative and interactive costs of regu-
latory requirements of Federal, State, 
local, tribal, and (where applicable) inter-
national regulations; and 
‘‘(bb) the agency shall identify the key 
uncertainties and assumptions that drive 
the results and provide an analysis of how 
the ranking of the regulatory options 
changes if the key assumptions are 
changed; 
‘‘(V) the panel shall review agency material 
prepared in connection with this subsection, in-
cluding any draft proposed rule, and review the 
advice and recommendations of each affected 
party representative identified; 
‘‘(VI) not later than 60 days after the date 
the agency convenes a review panel pursuant to 
subclause (III), the review panel shall report on 
the comments of the affected party representa-
tives and its findings as to issues related to the 
provisions of this subsection, and such report 
shall be made public as part of the rulemaking 
record; 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(VII) where appropriate, the agency shall 
modify the proposed rule or the cost-benefit 
analysis under subclause (IV) based on the re-
port under subclause (VI); 
‘‘(VIII) subject to applicable limitations 
under law, including laws protecting privacy, 
trade secrets, and intellectual property, the 
agency shall publish for comment all analyses, 
documentation, and data under this paragraph 
for a public comment period of at least 30 days 
and correct deficiencies or omissions that the 
agency becomes aware of before adopting a pro-
posed rule; and 
‘‘(IX) affected parties, including State, 
local, or tribal governments, and other stake-
holders may participate in the rulemaking by 
means such as— 
‘‘(aa) the publication of advanced and 
general notices of proposed rulemaking in 
publications likely to be obtained by af-
fected parties; 
‘‘(bb) the direct notification of inter-
ested affected parties; 
‘‘(cc) the conduct of open conferences 
or public hearings including soliciting and 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
receiving comments over computer net-
works; and 
‘‘(dd) reducing the cost or complexity 
of procedural rules to ease participation in 
the rulemaking. 
‘‘(D) Every 4 years the agency shall conduct a review 
of all rules of the agency in effect and determine based 
on objective data whether its rules are working as in-
tended, furthering their objectives, imposing unanticipated 
costs, and generating a net benefit or not, and shall amend 
such rules if appropriate. The agency shall report to Con-
gress the findings of each such review. 
‘‘(E) Any person may petition an agency to amend 
an existing rule made prior to the establishment of meth-
odology under this paragraph, and, if the agency denies 
such a petition, that denial shall be subject to review under 
chapter 7 of this title. 
‘‘(F) Notwithstanding any other provision of law, in-
cluding any provision of law that explicitly prohibits the 
use of cost-benefit analysis in rulemaking, an agency shall 
conduct cost-benefit analyses and report to Congress the 
findings with specific recommendations for how to lower 
regulatory costs by amending the statutes prohibiting the 
use thereof. 
‘‘(3) For purposes of this subsection— 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(A) the term ‘regulatory options’ means any 
action an agency may take to address an objective 
identified under paragraph (1)(B)(i), including the 
option not to act; 
‘‘(B) the term ‘private incentives’ means finan-
cial gains or losses that motivate actions by private 
individuals and businesses, and does not include any 
law or regulation that prescribes private actions or 
outcomes; and 
‘‘(C) the term ‘incidental benefit’ means a 
claimed benefit outside the specific regulatory objec-
tive 
or 
objectives 
identified 
under 
paragraph 
(1)(B)(i) a rule is intended to address as identified 
in paragraph (1)(A). 
‘‘(4) All determinations made under this subsection 
shall be subject to review under chapter 7.’’. 
SEC. 502. CONGRESSIONAL REVIEW. 
Section 801(a)(2) of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(C) The Comptroller General shall exam-
ine the cost-benefit analysis for compliance with 
the requirements of section 553(f), including 
the agency methodology established under sec-
tion 553(f)(2)(A). 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(D) The Comptroller General shall exam-
ine 
any 
risk 
analysis 
under 
section 
553(f)(1)(C)(iv) pertaining to the cost-benefit 
analysis for compliance with the requirements 
of section 553(f). 
‘‘(E) The Comptroller General also shall 
examine the agencies’ quadrennial regulatory 
reviews for consistency with the requirements of 
section 553(f) and report to Congress on the re-
sults.’’. 
TITLE 
VI—PERIODIC 
REVIEW 
AND TERMINATION OF REGU-
LATIONS 
SEC. 601. REVIEW OF REGULATIONS. 
A covered rule shall be subject to review in accord-
ance with this title. Upon completion of such review, the 
agency which has jurisdiction over such rule shall— 
(1) issue a final report under section 406(c)(2) 
continuing such rule, or 
(2) conduct a rulemaking in accordance with 
section 406(d) to modify, consolidate with another 
rule, or terminate such rule. 
SEC. 602. RULES COVERED. 
(a) COVERED RULES.—For purposes of this title, a 
covered rule is a rule that— 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
(1) is determined by the Administrator to be a 
significant rule under subsection (b); or 
(2) is any other rule designated by the agency 
which has jurisdiction over such rule or the Adminis-
trator under this title for sunset review. 
(b) SIGNIFICANT RULES.—For purposes of this title, 
a significant rule is a rule that the Administrator deter-
mines— 
(1) has resulted in or is likely to result in an 
annual effect on the economy of $100,000,000 or 
more; 
(2) is a major rule; or 
(3) was issued pursuant to a significant regu-
latory action, as that term is defined in Executive 
Order 12866 (as in effect on the first date that Ex-
ecutive order was in effect). 
(c) PUBLIC PETITIONS.— 
(1) IN
GENERAL.—Any person adversely af-
fected by a rule that is not a significant rule may 
submit a petition to the agency which has jurisdic-
tion over the rule requesting that such agency des-
ignate the rule for sunset review. Such agency shall 
designate the rule for sunset review unless such 
agency determines that it would not be in the public 
interest to conduct a sunset review of the rule. In 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
making such determination, such agency shall take 
into account the number and nature of other peti-
tions received on the same rule and whether or not 
such petitions have been denied. 
(2) FORM AND CONTENT OF PETITION.—A pe-
tition under paragraph (1)— 
(A) shall be in writing, but is not otherwise 
required to be in any particular form; and 
(B) shall identify the rule for which sunset 
review is requested with reasonable specificity 
and state on its face that the petitioner seeks 
sunset review of the rule. 
(3) RESPONSE REQUIRED FOR NONCOMPLYING 
PETITIONS.—If an agency determines that a petition 
does not meet the requirements of this subsection, 
the agency shall provide a response to the petitioner 
within 30 days after receiving the petition, notifying 
the petitioner of the problem and providing informa-
tion on how to formulate a petition that meets those 
requirements. 
(4) DECISION WITHIN 90 DAYS.—Within the 90- 
day period beginning on the date of receiving a peti-
tion that meets the requirements of this subsection, 
the agency shall transmit a response to the peti-
tioner stating whether the petition was granted or 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
denied, except that the agency may extend such pe-
riod by a total of not more than 30 days. 
(5) PETITIONS
DEEMED
GRANTED
FOR
SUB-
STANTIAL
INEXCUSABLE
DELAY.—A petition for 
sunset review of a rule is deemed to have been 
granted by an agency, and such agency is deemed to 
have designated the rule for sunset review, if a court 
finds there is a substantial and inexcusable delay, 
beyond the period specified in paragraph (4), in no-
tifying the petitioner of the agency’s determination 
to grant or deny the petition. 
(6) PUBLIC LOG.—Each agency shall maintain 
a public log of petitions submitted under this sub-
section, that includes the status or disposition of 
each petition. 
(d) CONGRESSIONAL REQUESTS.— 
(1) IN GENERAL.—An appropriate committee of 
the Congress, or a majority of the majority party 
members or a majority of nonmajority party mem-
bers of such committee, may request in writing that 
the Administrator designate any rule that is not a 
significant rule for sunset review. The Administrator 
shall designate such rule for sunset review within 30 
days after receipt of such request unless the Admin-
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
istrator determines that it would not be in the public 
interest to conduct a sunset review of such rule. 
(2) NOTICE OF DENIAL.—If the Administrator 
denies a congressional request under this subsection, 
the Administrator shall transmit to the congressional 
committee making the request a notice stating the 
reasons for the denial. 
(e) PUBLICATION OF NOTICE OF DESIGNATION FOR 
SUNSET REVIEW.—After designating a rule under sub-
section (c) or (d) for sunset review, the agency or the Ad-
ministrator shall promptly publish a notice of that des-
ignation in the Federal Register. 
SEC. 603. CRITERIA FOR SUNSET REVIEW. 
(a) COMPLIANCE WITH OTHER LAWS.—In order for 
any rule subject to sunset review to continue without 
change or to be modified or consolidated in accordance 
with this title, such rule must be authorized by law and 
meet all applicable requirements that would apply if it 
were issued as a new rule pursuant to section 553 of title 
5, United States Code, or other statutory rulemaking pro-
cedures required for that rule. For purposes of this sec-
tion, the term ‘‘applicable requirements’’ includes any re-
quirement for cost-benefit analysis and any requirement 
for standardized risk analysis and risk assessment. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
(b) GOVERNING LAW.—If there is a conflict between 
applicable requirements and an Act under which a rule 
was issued, the conflict shall be resolved in the same man-
ner as such conflict would be resolved if the agency were 
issuing a new rule. 
SEC. 604. SUNSET REVIEW PROCEDURES. 
(a) FUNCTIONS OF THE ADMINISTRATOR.— 
(1) NOTICE OF RULES SUBJECT TO REVIEW.— 
(A) INVENTORY AND FIRST LIST.—Within 
6 months after the date of the enactment of 
this title, the Administrator shall conduct an in-
ventory of existing rules and publish a first list 
of covered rules. The list shall— 
(i) specify the particular group to 
which each significant rule is assigned 
under paragraph (2), and state the review 
deadline for all significant rules in each 
such group; and 
(ii) include other rules subject to sun-
set review for any other reason, and state 
the review deadline for each such rule. 
(B) SUBSEQUENT
LISTS.—After publica-
tion of the first list under subparagraph (A), 
the Administrator shall publish an updated list 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
of covered rules at least annually, specifying the 
review deadline for each rule on the list. 
(2) GROUPING OF SIGNIFICANT RULES IN FIRST 
LIST.— 
(A) STAGGERED
REVIEW.—The Adminis-
trator shall assign each significant rule in effect 
on the date of enactment of this title to one of 
4 groups established by the Administrator to 
permit orderly and prioritized sunset reviews, 
and specify for each group an initial review 
deadline in accordance with section 405(a)(1). 
(B) 
PRIORITIZATIONS.—In 
determining 
which rules shall be given priority in time in 
that assignment, the Administrator shall con-
sult with appropriate agencies, and shall 
prioritize rule based on— 
(i) the grouping of related rules in ac-
cordance with paragraph (3); 
(ii) the extent of the cost of each rule 
and on the regulated community and the 
public, with priority in time given to those 
rules that impose the greatest cost; 
(iii) consideration of the views of reg-
ulated persons, including State and local 
governments; 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
866
HR 2491 RDS
‘‘(A) is employed by the employer at least
180 days (20 days in the case of a qualified
summer youth employee), or
‘‘(B) has completed at least 500 hours
(120 hours in the case of a qualified summer
youth employee) of services performed for the
employer.’’
(d) DEFINITION OF WAGES.—Subsection (c) of sec-
tion 51 is amended by striking paragraph (3).
(e) TERMINATION.—Paragraph (4) of section 51(c)
is amended to read as follows:
‘‘(3) TERMINATION.—The term ‘wages’ shall
not include any amount paid or incurred to an indi-
vidual who begins work for the employer—
‘‘(A) after December 31, 1994, and before
January 1, 1996, or
‘‘(B) after December 31, 1997.’’
(f) REDESIGNATION OF CREDIT.—
(1) Sections 38(b)(2) and 51(a) are each
amended by striking ‘‘targeted jobs credit’’ and in-
serting ‘‘work opportunity credit’’.
(2) The subpart heading for subpart F of part
IV of subchapter A of chapter 1 is amended by
striking ‘‘Targeted Jobs Credit’’ and inserting
‘‘Work Opportunity Credit’’.