Sec. 2. Regulatory impact analyses for certain rules
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The Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1501 et seq. ) is amended— by striking tribal each place that term appears and inserting Tribal ; in section 3 ( 2 U.S.C. 1502 )— in paragraph (1), by striking and at the end; in paragraph (2), by striking the period at the end and inserting and ; and by adding at the end the following: the term major rule means a rule, as defined 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— 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 Department of Labor; a major increase in costs or prices for consumers, individual industries, Federal, State, local, or Tribal government agencies, or geographic regions; or significant adverse effects on competition, employment, investment, productivity, innovation, public health and safety, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. ; and in section 202 ( 2 U.S.C. 1532 )— 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 a major rule of an agency that is subject to this section. Before promulgating any proposed or final major rule, the agency promulgating the major rule shall prepare and publish in the Federal Register an initial and final regulatory impact analysis with respect to the major rule. An initial regulatory impact analysis required under paragraph
(1)shall— accompany the notice of proposed rulemaking with respect to the major rule that is the subject of the analysis; and be open to public comment. A final regulatory impact analysis required under paragraph
(1)shall accompany the final major rule that is the subject of the analysis. Each initial and final regulatory impact analysis prepared and published under subsection
(b)shall include, with respect to the major rule that is the subject of the analysis— an analysis of the anticipated benefits and costs of the major 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 discretion of the agency under the statute authorizing the major 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 major rule; and an explanation of how the major 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 major rule; estimates of— any disproportionate budgetary effects of the major 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 major rule on job creation or job loss, which shall be quantified to the extent feasible; and 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; 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 evaluation by the agency of the comments and concerns described in subparagraph (B). ; in subsection (d), as so redesignated, by striking a statement under subsection
(a)is required, the agency shall include in the promulgation a summary of the information contained in the statement and inserting an analysis under subsection
(b)is required, the agency promulgating the major rule shall include in the promulgation a summary of the information contained in the analysis ; and in subsection (e), as so redesignated, by striking any statement required under subsection
(a)in conjunction with or as a part of any other statement or analysis, provided that the statement or analysis satisfies the provisions of subsection
(a)and inserting any analysis required under subsection
(b)in conjunction with, or as a part of, any other statement or analysis if the other statement or analysis satisfies the requirements of subsections
(b)and
(c).
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