‘‘(B) includes a justification for exceeding 
any such limit as a result of finalizing such rule 
or rules; 
‘‘(4) a list of each rule with respect to which 
the Director determined under subsection (b)(3)(B) 
that the Director agreed with a determination by the 
head of an agency to finalize the rule notwith-
standing a limit established under subsection 
(a)(1)(A). 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) ADDITIONAL
UNFUNDED
REGULATORY 
COST.—The term ‘additional unfunded regulatory 
cost’ means an unfunded regulatory cost that had 
not been required to be incurred by a State, local, 
or Tribal government, or the private sector, as a re-
sult of a Federal mandate in a rule during any pre-
ceding fiscal year. 
‘‘(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the Committee on Oversight and Ac-
countability of the House of Representatives; 
and 
‘‘(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate. 
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‘‘(3) COST.—The term ‘cost’ means— 
‘‘(A) a direct cost; or 
‘‘(B) a quantifiable cost that can be esti-
mated using the methods and concepts de-
scribed in Office of Management and Budget 
Circular A–4 issued on September 17, 2003. 
‘‘(4) CUMULATIVE
UNFUNDED
REGULATORY 
COSTS.—The term ‘cumulative unfunded regulatory 
costs’ means all costs required to be incurred by a 
State, local, or Tribal government, or by the private 
sector as a result of all Federal mandates included 
in rules during all preceding fiscal years. 
‘‘(5) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Management and Budg-
et. 
‘‘(6) UNFUNDED
REGULATORY
COST.—The 
term ‘unfunded regulatory cost’ means a cost re-
quired to be incurred by a State, local, or Tribal 
government, or by the private sector, as a result of 
a Federal mandate included in a rule.’’. 
(b) ANALYSIS OF WHETHER RULE EXCEEDS BUDG-
ET.—Section 202 of the Unfunded Mandates Reform Act 
of 1995 (Public Law 104–4; 2 U.S.C. 1532) is amended— 
(1) in subsection (a)— 
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(A) in paragraph (4), by striking ‘‘; and’’ 
inserting a semicolon; 
(B) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(6) an analysis of whether the proposed rule 
or final rule, as applicable, may or will result in the 
total amount of additional unfunded regulatory costs 
(as that term is defined in section 210) imposed by 
the head of the agency during the fiscal year in 
which the rule is issued exceeding a limit established 
under section 210(a)(1)(A)(ii) for the agency.’’; and 
(2) in subsection (c), by striking ‘‘subsection 
(a)’’ each place such term appears and inserting 
‘‘paragraphs (1) through (5) of subsection (a)’’. 
(c) EFFECTIVE DATE.—Notwithstanding section 209 
of the Unfunded Mandates Reform Act of 1995 (Public 
Law 104–4; 15 U.S.C. 1531 note), the amendments made 
by this Act shall take effect on the date of the enactment 
of this Act. 
Æ 
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