Sec. 3. Regulatory impact analyses for certain rules
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/bill/113/s/2931/is/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 202 of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1532 ) is amended— by striking the section heading and inserting the following: ; by redesignating subsections
(b)and
(c)as subsections
(d)and (e), respectively; by striking subsection
(a)and inserting the following: In this section, the term cost means the cost of compliance and any reasonably foreseeable indirect costs, including revenues lost as a result of an agency rule subject to this section. Before promulgating any proposed or final rule that may have an annual effect on the economy of $100,000,000 or more (adjusted for inflation), or that may result in the expenditure by State, local, and tribal governments, in the aggregate, of $100,000,000 or more (adjusted for inflation) in any 1 year, each agency shall prepare and publish in the Federal Register an initial and final regulatory impact analysis. The initial regulatory impact analysis required under paragraph
(1)shall— accompany the notice of proposed rulemaking; and be open to public comment. The final regulatory impact analysis required under paragraph
(1)shall accompany the final rule. The initial and final regulatory impact analysis under subsection
(b)shall include— an analysis of the anticipated benefits and costs of the rule, which shall be quantified to the extent feasible; an analysis of the benefits and costs of a reasonable number of regulatory alternatives within the range of the agency’s discretion under the statute authorizing the rule, including alternatives that— require no action by the Federal Government; and use incentives and market-based means to encourage the desired behavior; provide information based upon which the public can make choices; or employ other flexible regulatory options that permit the greatest flexibility in achieving the objectives of the statute authorizing the rule; and an explanation of how the rule complies with the requirements of section 205; an assessment of the extent to which— the costs to State, local, and tribal governments may be paid with Federal financial assistance (or otherwise paid for by the Federal Government); and Federal resources are available to carry out the rule; estimates of— any disproportionate budgetary effects of the rule upon any particular— regions of the United States; State, local, or tribal governments; types of communities, including urban or rural communities; or segments of the private sector; and the effect of the rule on job creation or job loss, which shall be quantified to the extent feasible; and a description of the extent of the agency’s prior consultation under section 204 with elected representatives of each affected State, local, or tribal government; a summary of the comments and concerns that were presented to the agency orally or in writing by State, local, or tribal governments; and a summary of the agency’s evaluation of the comments and concerns described in subparagraph (B). ; in subsection (d), as redesignated, by striking subsection
(a)and inserting subsection
(b); and in subsection (e), as redesignated, by striking subsection
(a)each place that term appears and inserting subsection
(b). The table of sections for the Unfunded Mandates Reform Act of 1995 is amended by striking the item relating to section 202 and inserting the following: Sec. 202. Regulatory impact analyses for certain rules. .
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Sec. 3
Regulatory impact analyses for certain rules
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