SEC. 9. EXPANDING THE SCOPE OF STATEMENTS TO AC-
COMPANY 
SIGNIFICANT 
REGULATORY 
AC-
TIONS. 
(a) IN GENERAL.—Subsection (a) of section 202 of the 
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532) 
is amended to read as follows: 
‘‘(a) IN GENERAL.—Unless otherwise expressly prohib-
ited by law, before promulgating any general notice of pro-
posed rulemaking or any final rule, or within six months 
after promulgating any final rule that was not preceded 
by a general notice of proposed rulemaking, if the proposed 
rulemaking or final rule includes a Federal mandate that 
may result in an annual effect on State, local, or tribal 
governments, or to the private sector, in the aggregate of 
$100,000,000 or more in any 1 year, the agency shall pre-
pare a written statement containing the following: 
‘‘(1) The text of the draft proposed rulemaking or 
final rule, together with a reasonably detailed descrip-
tion of the need for the proposed rulemaking or final 
rule and an explanation of how the proposed rule-
making or final rule will meet that need. 
‘‘(2) An assessment of the potential costs and 
benefits of the proposed rulemaking or final rule, in-
cluding an explanation of the manner in which the 
proposed rulemaking or final rule is consistent with 
a statutory requirement and avoids undue inter-
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ference with State, local, and tribal governments in 
the exercise of their governmental functions. 
‘‘(3) A qualitative and quantitative assessment, 
including the underlying analysis, of benefits antici-
pated from the proposed rulemaking or final rule 
(such as the promotion of the efficient functioning of 
the economy and private markets, the enhancement of 
health and safety, the protection of the natural envi-
ronment, and the elimination or reduction of dis-
crimination or bias). 
‘‘(4) A qualitative and quantitative assessment, 
including the underlying analysis, of costs antici-
pated from the proposed rulemaking or final rule 
(such as the direct costs both to the Government in 
administering the final rule and to businesses and 
others in complying with the final rule, and any ad-
verse effects on the efficient functioning of the econ-
omy, private markets (including productivity, em-
ployment, and international competitiveness), health, 
safety, and the natural environment); 
‘‘(5) Estimates by the agency, if and to the ex-
tent that the agency determines that accurate esti-
mates are reasonably feasible, of— 
‘‘(A) the future compliance costs of the Fed-
eral mandate; and 
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‘‘(B) any disproportionate budgetary effects 
of the Federal mandate upon any particular re-
gions of the nation or particular State, local, or 
tribal governments, urban or rural or other types 
of communities, or particular segments of the 
private sector. 
‘‘(6)(A) A detailed description of the extent of the 
agency’s prior consultation with the private sector 
and elected representatives (under section 204) of the 
affected State, local, and tribal governments. 
‘‘(B) A detailed summary of the comments and 
concerns that were presented by the private sector and 
State, local, or tribal governments either orally or in 
writing to the agency. 
‘‘(C) A detailed summary of the agency’s evalua-
tion of those comments and concerns. 
‘‘(7) A detailed summary of how the agency com-
plied with each of the regulatory principles described 
in section 201.’’. 
(b) REQUIREMENT FOR DETAILED SUMMARY.—Sub-
section (b) of section 202 of such Act is amended by insert-
ing ‘‘detailed’’ before ‘‘summary’’. 
SEC. 10. ENHANCED STAKEHOLDER CONSULTATION. 
Section 204 of the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1534) is amended— 
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(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-
ness),’’ after ‘‘on their behalf)’’; 
(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. 
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‘‘(3) Agencies should estimate benefits and costs 
to assist with these consultations. The scope of the 
consultation should reflect the cost and significance 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 
the private sector (including small business), on 
costs, benefits, and risks; and 
‘‘(B) solicit ideas about alternative methods 
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 submissions 
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: 
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‘‘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 regula-
tions for which a written statement is required under sec-
tion 202 are consistent with the principles and require-
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 regula-
tions for which a written statement is required under sec-
tion 202 do not comply with such principles and require-
ments, are not consistent with other applicable laws, or con-
flict with the policies or actions of another agency, the Ad-
ministrator shall identify areas of non-compliance, notify 
the agency, and request that the agency comply before the 
agency finalizes the regulation concerned. 
‘‘(b) ANNUAL STATEMENTS TO CONGRESS ON AGENCY 
COMPLIANCE.—The Director of the Office of Information 
and Regulatory Affairs annually shall submit to Congress, 
including the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate and the Committee on Over-
sight and Government Reform of the House of Representa-
tives, 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, 
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including activities undertaken at the request of the Direc-
tor to improve compliance, during the preceding reporting 
period. The report shall also contain an appendix detailing 
compliance by each agency with section 204.’’. 
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 report 
containing, with respect to each Federal regulation covered 
by the analysis— 
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‘‘(1) a copy of the Federal regulation; 
‘‘(2) the continued need for the Federal regula-
tion; 
‘‘(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 Government 
(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 
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‘‘sections 201, 202, 203(a)(1) and (2), and 
205(a) and (b)’’; and 
(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, prepare 
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 sec-
tion.’’; 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 inad-
equacy or failure to prepare such statement (includ-
ing the inadequacy or failure to prepare any esti-
mate, analysis, statement, or description), to prepare 
such written plan, or to comply with such section 
may’’. 
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Union Calendar No. 338 
112TH CONGRESS 
2D SESSION 
H. R. 373 
[Report No. 112–483, Part I] 
A BILL 
To amend the Unfunded Mandates Reform Act of 
1995 to ensure that actions taken by regulatory 
agencies are subject to that Act, and for other 
purposes. 
MAY 16, 2012 
Reported from the Committee on Oversight and 
Government Reform with an amendment 
MAY 16, 2012 
The Committees on Rules, the Budget, and the Judiciary 
discharged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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