I 
119TH CONGRESS 
1ST SESSION 
H. R. 580 
To amend the Unfunded Mandates Reform Act of 1995 to provide for 
regulatory impact analyses for certain rules, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2025 
Ms. FOXX (for herself, Mr. CUELLAR, Mr. GOLDEN of Maine, Mrs. HINSON, 
and Mr. SESSIONS) introduced the following bill; which was referred to 
the Committee on Oversight and Government Reform, and in addition to 
the Committees on Rules, the Budget, and the Judiciary, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation 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, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Unfunded Mandates 
Accountability and Transparency Act of 2025’’. 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
SEC. 2. REGULATORY IMPACT ANALYSES FOR CERTAIN 
RULES. 
The Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1501 et seq.) is amended— 
(1) by striking ‘‘tribal’’ each place that term 
appears and inserting ‘‘Tribal’’; 
(2) in section 3 (2 U.S.C. 1502)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘and’’; and 
(C) by adding at the end the following: 
‘‘(3) the term ‘major rule’ means a rule, as de-
fined in section 551 of title 5, United States Code, 
that the Administrator of the Office of Information 
and Regulatory Affairs determines is likely to 
cause— 
‘‘(A) an annual effect on the economy of 
$100,000,000 or more, adjusted once every 5 
years to reflect increases in the Consumer Price 
Index for All Urban Consumers, as published 
by the Bureau of Labor Statistics of the De-
partment of Labor; 
‘‘(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
State, local, or Tribal government agencies, or 
geographic regions; or 
‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, public health and safety, or the ability 
of United States-based enterprises to compete 
with foreign-based enterprises in domestic and 
export markets.’’; and 
(3) in section 202 (2 U.S.C. 1532)— 
(A) by striking the section heading and in-
serting the following: 
‘‘SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN 
RULES.’’; 
(B) by redesignating subsections (b) and 
(c) as subsections (d) and (e), respectively; 
(C) by striking subsection (a) and insert-
ing the following: 
‘‘(a) DEFINITION OF COST.—In this section, the term 
‘cost’ means the cost of compliance and any reasonably 
foreseeable indirect costs, including revenues lost, as a re-
sult of a major rule of an agency that is subject to this 
section. 
‘‘(b) REGULATORY IMPACT ANALYSES.— 
‘‘(1) REQUIREMENT.—Before promulgating any 
proposed or final major rule, the agency promul-
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
gating the major rule shall prepare and publish in 
the Federal Register an initial and final regulatory 
impact analysis with respect to the major rule. 
‘‘(2) INITIAL REGULATORY IMPACT ANALYSIS.— 
An initial regulatory impact analysis required under 
paragraph (1) shall— 
‘‘(A) accompany the notice of proposed 
rulemaking with respect to the major rule that 
is the subject of the analysis; and 
‘‘(B) be open to public comment. 
‘‘(3) FINAL REGULATORY IMPACT ANALYSIS.— 
A final regulatory impact analysis required under 
paragraph (1) shall accompany the final major rule 
that is the subject of the analysis. 
‘‘(c) CONTENT.—Each initial and final regulatory im-
pact analysis prepared and published under subsection (b) 
shall include, with respect to the major rule that is the 
subject of the analysis— 
‘‘(1)(A) an analysis of the anticipated benefits 
and costs of the major rule, which shall be quan-
tified to the extent feasible; 
‘‘(B) an analysis of the benefits and costs of a 
reasonable number of regulatory alternatives within 
the range of the discretion of the agency under the 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
statute authorizing the major rule, including alter-
natives that— 
‘‘(i) require no action by the Federal Gov-
ernment; and 
‘‘(ii)(I) use incentives and market-based 
means to encourage the desired behavior; 
‘‘(II) provide information based upon 
which the public can make choices; or 
‘‘(III) employ other flexible regulatory op-
tions that permit the greatest flexibility in 
achieving the objectives of the statute author-
izing the major rule; and 
‘‘(C) an explanation of how the major rule com-
plies with the requirements of section 205; 
‘‘(2) an assessment of the extent to which— 
‘‘(A) the costs to State, local, and Tribal 
governments may be paid with Federal financial 
assistance (or otherwise paid for by the Federal 
Government); and 
‘‘(B) Federal resources are available to 
carry out the major rule; 
‘‘(3) estimates of— 
‘‘(A) any disproportionate budgetary ef-
fects of the major rule upon any particular— 
‘‘(i) regions of the United States; 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(ii) State, local, or Tribal govern-
ments; 
‘‘(iii) types of communities, including 
urban or rural communities; or 
‘‘(iv) segments of the private sector; 
and 
‘‘(B) the effect of the major rule on job 
creation or job loss, which shall be quantified to 
the extent feasible; and 
‘‘(4)(A) a description of the extent of the prior 
consultation of the agency under section 204 with 
elected representatives of each affected State, local, 
or Tribal government; 
‘‘(B) a summary of the comments and concerns 
that were presented to the agency orally or in writ-
ing by State, local, or Tribal governments; and 
‘‘(C) a summary of the evaluation by the agen-
cy of the comments and concerns described in sub-
paragraph (B).’’; 
(D) in subsection (d), as so redesignated, 
by striking ‘‘a statement under subsection (a) is 
required, the agency shall include in the pro-
mulgation a summary of the information con-
tained in the statement’’ and inserting ‘‘an 
analysis under subsection (b) is required, the 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
agency promulgating the major rule shall in-
clude in the promulgation a summary of the in-
formation contained in the analysis’’; and 
(E) in subsection (e), as so redesignated, 
by striking ‘‘any statement required under sub-
section (a) in conjunction with or as a part of 
any other statement or analysis, provided that 
the statement or analysis satisfies the provi-
sions of subsection (a)’’ and inserting ‘‘any 
analysis required under subsection (b) in con-
junction with, or as a part of, any other state-
ment or analysis if the other statement or anal-
ysis satisfies the requirements of subsections 
(b) and (c)’’. 
SEC. 3. ENHANCED STAKEHOLDER CONSULTATION. 
Section 204 of the Unfunded Mandates Reform Act 
of 1995 (2 U.S.C. 1534) is amended— 
(1) in the section heading, by inserting ‘‘AND 
PRIVATE SECTOR’’ before ‘‘INPUT’’; 
(2) in subsection (a)— 
(A) by inserting ‘‘, and impacted parties 
within the private sector (including small busi-
nesses),’’ after ‘‘on their behalf)’’; and 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
(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 
parties within the private sector (including small 
businesses). 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 with-
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
in the private sector (including small busi-
nesses), 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. 4. MAXIMIZE NET BENEFITS OR PROVIDE EXPLA-
NATION. 
Title II of the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1531 et seq.) is amended by striking sec-
tion 205 (2 U.S.C. 1535) and inserting the following: 
‘‘SEC. 205. MAXIMIZE NET BENEFITS. 
‘‘(a) DEFINITION OF COST.—In this section, the term 
‘cost’ has the meaning given the term in section 202(a). 
‘‘(b) REQUIREMENT.—Before promulgating any pro-
posed or final major rule for which a regulatory impact 
analysis is required under section 202, an agency shall 
from the alternatives identified and considered under sec-
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
tion 202(c)(1)(B), select the alternative that maximizes 
net benefits, taking into consideration only the costs and 
benefits that arise within the scope of the statutory provi-
sion that authorizes the rulemaking. 
‘‘(c) EXCEPTIONS.—An agency may adopt an alter-
native other than as required under subsection (b) only 
if— 
‘‘(1) the Administrator of the Office of Infor-
mation and Regulatory Affairs approves the adop-
tion by the agency of the alternative; and 
‘‘(2) the alternative is adopted to— 
‘‘(A) account for costs or benefits that can-
not be quantified, including costs or benefits re-
lated to constitutional or civil rights, provided 
that the agency identifies all such costs and 
benefits and explains why those costs and bene-
fits justify the adoption of the alternative; or 
‘‘(B) achieve additional benefits or cost re-
ductions, provided that the agency— 
‘‘(i) identifies— 
‘‘(I) all such additional benefits 
and the associated costs of those ben-
efits; and 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(II) all such cost reductions and 
the associated benefits of those cost 
reductions; and 
‘‘(ii) explains why— 
‘‘(I) the additional benefits jus-
tify the additional costs; or 
‘‘(II) the additional cost reduc-
tions justify any benefits foregone.’’. 
SEC. 5. NEW AUTHORITIES AND RESPONSIBILITIES FOR OF-
FICE 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 (in this section re-
ferred to as the ‘Administrator’) shall provide meaningful 
guidance and oversight so that the major rules of an agen-
cy for which a regulatory impact analysis is required under 
section 202— 
‘‘(1) are consistent with the principles and re-
quirements of this title, as well as other applicable 
laws; and 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(2) and do not conflict with the policies or ac-
tions of another agency. 
‘‘(b) NOTIFICATION.—If the Administrator deter-
mines that the major rules of an agency for which a regu-
latory impact analysis is required under section 202 do 
not comply with the principles and requirements of this 
title, are not consistent with other applicable laws, or con-
flict with the policies or actions of another agency, the 
Administrator shall— 
‘‘(1) identify areas of noncompliance; 
‘‘(2) notify the agency; and 
‘‘(3) request that the agency comply before the 
agency finalizes the major rule concerned. 
‘‘(c) ANNUAL STATEMENTS TO CONGRESS ON AGEN-
CY COMPLIANCE.—The Administrator shall submit to 
Congress, including the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Com-
mittee on Oversight and Government Reform of the House 
of Representatives, an annual written report that, for the 
1-year period preceding the report— 
‘‘(1) details compliance by each agency with the 
requirements of this title that relate to major rules 
for which a regulatory impact analysis is required by 
section 202, including activities undertaken at the 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
request of the Administrator to improve compliance; 
and 
‘‘(2) contains an appendix detailing compliance 
by each agency with section 204.’’. 
SEC. 6. INITIATION OF RULEMAKING. 
The Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1501 et seq.) is amended— 
(1) by redesignating section 209 (2 U.S.C. 
1531 note) as section 210; and 
(2) by inserting after section 208 (2 U.S.C. 
1548) the following: 
‘‘SEC. 209. INITIATION OF RULEMAKING FOR MAJOR RULES. 
‘‘When an agency determines to initiate a rulemaking 
that may result in a major rule, the agency shall— 
‘‘(1) establish an electronic docket for that rule-
making, which may have a physical counterpart; and 
‘‘(2) publish a notice of initiation of rulemaking 
in the Federal Register, which shall— 
‘‘(A) briefly describe the subject and objec-
tives of, and the problem to be solved by, the 
major rule; 
‘‘(B) refer to the legal authority under 
which the major rule would be proposed, includ-
ing the specific statutory provision that author-
izes the rulemaking; 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(C) invite interested persons to propose 
alternatives and other ideas regarding how best 
to accomplish the objectives of the agency in 
the most effective manner; 
‘‘(D) indicate how interested persons may 
submit written material for the docket; and 
‘‘(E) appear in the Federal Register not 
later than 90 days before the date on which the 
agency publishes a notice of proposed rule-
making for the major rule.’’. 
SEC. 7. INCLUSION OF APPLICATION TO INDEPENDENT 
REGULATORY AGENCIES. 
(a) IN GENERAL.—Section 421(1) of the Congres-
sional Budget Act of 1974 (2 U.S.C. 658(1)) is amended 
by striking ‘‘, but does not include independent regulatory 
agencies’’. 
(b) EXEMPTION FOR MONETARY POLICY.—The Un-
funded Mandates Reform Act of 1995 (2 U.S.C. 1501 et 
seq.) is amended by inserting after section 5 the following: 
‘‘SEC. 6. EXEMPTION FOR MONETARY POLICY. 
‘‘Nothing in title II, III, or IV shall apply to rules 
that concern monetary policy proposed or implemented by 
the Board of Governors of the Federal Reserve System 
or the Federal Open Market Committee.’’. 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
SEC. 8. JUDICIAL REVIEW. 
Title IV of the Unfunded Mandates Reform Act of 
1995 is amended by striking section 401 (2 U.S.C. 1571) 
and inserting the following: 
‘‘SEC. 401. JUDICIAL REVIEW. 
‘‘(a) IN GENERAL.—A person that is aggrieved by 
final agency action in adopting a major rule that is subject 
to section 202 is entitled to judicial review of whether the 
agency complied with section 202(b), 202(c)(1), or 205 
with respect to the rule. 
‘‘(b) SCOPE
OF REVIEW.—Chapter 7 of title 5, 
United States Code, shall govern the scope of judicial re-
view under subsection (a). 
‘‘(c) JURISDICTION.—Each court that has jurisdic-
tion to review a rule for compliance with section 553 of 
title 5, United States Code, or under any other provision 
of law, shall have jurisdiction to review a claim brought 
under subsection (a). 
‘‘(d) RELIEF AVAILABLE.—In granting relief in an 
action under this section, a court shall order the agency 
that promulgated the major rule that is under review to 
take remedial action consistent with chapter 7 of title 5, 
United States Code.’’. 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS
SEC. 9. APPLYING SUBSTANTIVE POINT OF ORDER TO PRI-
VATE SECTOR MANDATES. 
Section 425(a)(2) of the Congressional Budget Act 
of 1974 (2 U.S.C. 658d(a)(2)) is amended— 
(1) by striking ‘‘Federal intergovernmental 
mandates’’ and inserting ‘‘Federal mandates’’; and 
(2) by striking ‘‘section 424(a)(1)’’ and insert-
ing ‘‘subsection (a)(1) or (b)(1) of section 424’’. 
SEC. 10. EFFECTIVE DATE. 
Sections 3, 4, 5, and 7 of this Act and the amend-
ments made by those sections shall take effect on the date 
that is 120 days after the date of enactment of this Act. 
Æ 
VerDate Sep 11 2014 
19:39 Feb 18, 2025
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H580.IH
H580
ssavage on LAPJG3WLY3PROD with BILLS