Sec. 303. Limitation on authority of Secretary to propose or issue regulations and Executive actions
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Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. ) is amended by inserting after section 492 the following: Beginning after the date of enactment of this section, a draft regulation implementing this title (as described in section 492(b)(1)) that is determined by the Secretary to be economically significant shall be subject to the following requirements (regardless of whether negotiated rulemaking occurs): The Secretary shall determine whether the draft regulation, if implemented, would result in an increase in a subsidy cost. If the Secretary determines under paragraph
(1)that the draft regulation would result in an increase in a subsidy cost, then the Secretary may take no further action with respect to such regulation. Beginning after the date of enactment of this section, the Secretary may not issue a proposed rule, final regulation, or executive action implementing this title if the Secretary determines that the rule, regulation, or executive action— is economically significant; and would result in an increase in a subsidy cost. The analyses required under subsections
(a)and
(b)shall be in addition to any other cost analysis required under law for a regulation implementing this title, including any cost analysis that may be required pursuant to Executive Order 12866 (58 Fed. Reg. 51735; relating to regulatory planning and review), Executive Order 13563 (76 Fed. Reg. 3821; relating to improving regulation and regulatory review), or any related or successor orders. In this section, the term economically significant , when used with respect to a draft, proposed, or final regulation or executive action, means that the regulation or executive action is likely, as determined by the Secretary— to have an annual effect on the economy of $100,000,000 or more; or adversely to affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. .
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- 58 FR 51735
- 76 FR 3821
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Sec. 303
Limitation on authority of Secretary to propose or issue regulations and Executive actions
Fed. Reg.58 FR 51735
Fed. Reg.76 FR 3821
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