Overview

Title

To amend the Unfunded Mandates Reform Act of 1995 to provide for regulatory impact analyses for certain rules, and for other purposes.

ELI5 AI

The bill wants to change some rules about how the government makes big decisions that cost a lot of money, so everyone knows what’s going on and can see if everything is fair. It also wants experts to check these decisions and allow people to ask questions if they think something isn't right.

Summary AI

The H.R. 580 bill proposes changes to the Unfunded Mandates Reform Act of 1995, aiming to enhance transparency and accountability for regulatory impact analyses of significant rules. It introduces requirements for government agencies to conduct detailed evaluations of the potential economic impact of major rules and mandates active consultation with affected parties, including both government and private sectors. The bill also emphasizes maximizing net benefits from regulations, grants new roles to the Office of Information and Regulatory Affairs for ensuring compliance, and permits judicial review for assessing agency adherence to the specified analytical procedures. Additionally, it sets an effective date for key sections 120 days post-enactment.

Published

2025-01-21
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-01-21
Package ID: BILLS-119hr580ih

Bill Statistics

Size

Sections:
16
Words:
3,349
Pages:
16
Sentences:
70

Language

Nouns: 900
Verbs: 259
Adjectives: 203
Adverbs: 18
Numbers: 134
Entities: 199

Complexity

Average Token Length:
4.06
Average Sentence Length:
47.84
Token Entropy:
5.14
Readability (ARI):
24.89

AnalysisAI

The proposed legislation titled "Unfunded Mandates Accountability and Transparency Act of 2025" aims to amend the Unfunded Mandates Reform Act of 1995. This new amendment seeks to enhance regulatory impact analyses for certain rules, particularly those that might have significant economic repercussions. The bill also introduces additional measures to foster stakeholder consultation in rule-making processes, especially involving the private sector.

General Summary

The essence of the bill is to ensure transparency and comprehensive assessment when introducing major federal rules. It requires government agencies to conduct detailed regulatory impact analyses, which involve evaluating the costs and benefits of proposed regulations. The objective is to ensure that every significant rule is well-examined for its economic impact on various stakeholders, including consumers, businesses, and different levels of government. Additionally, the bill mandates increased consultation with a broader range of stakeholders, including those in the private sector, to gather diverse perspectives early in the rule-making process.

Summary of Significant Issues

Several issues arise from the bill’s provisions. Firstly, the term "major rule" pertains to rules with substantial economic impact, yet the broad criteria could lead to inconsistent interpretations, potentially causing confusion among agencies. Secondly, the bill assigns new duties to the Office of Information and Regulatory Affairs (OIRA), yet it lacks specific criteria or enforcement mechanisms, possibly undermining effective compliance oversight. Another point of concern is the inclusion of independent regulatory agencies under this mandate without clear justification, which might lead to unnecessary burdens. Furthermore, the guidelines for stakeholder consultation may lead to protracted processes without clearly defined priorities. Lastly, the exemption for monetary policy lacks checks, potentially bypassing crucial oversight.

Broad Impact on the Public

The bill is likely to have a mixed impact on the public. On a positive note, by necessitating thorough regulatory impact analyses and encouraging stakeholder engagement, the bill could lead to more informed policy decisions. This might result in regulations that better address public needs and consider economic ramifications. However, the potential delays in rule-making processes due to lengthy consultations and increased administrative requirements could slow down the implementation of necessary regulations, impacting areas, such as environmental protection and public health, where timely intervention is crucial.

Impact on Specific Stakeholders

For federal agencies, the bill introduces new responsibilities, necessitating more comprehensive analyses and greater inter-agency collaboration, which could be resource-intensive. Private sector entities, particularly small businesses, might benefit from better representation in rule-making processes, allowing their concerns to be more thoroughly addressed. However, independent regulatory agencies could face additional administrative burdens, and the absence of specific guidance could introduce operational inefficiencies.

Conversely, the broad monetary policy exemption may pose challenges. By excluding these significant financial decisions from stringent scrutiny, there might be increased risks of oversight gaps, potentially favoring certain financial interests without adequate public oversight.

In conclusion, while aimed at enhancing transparency and accountability, the bill's provisions might create new challenges that could affect the timeliness and efficacy of regulatory processes. Addressing these issues with clearer definitions, stronger oversight mechanisms, and streamlined consultation processes would be essential to maximizing the bill’s positive impact.

Financial Assessment

The H.R. 580 bill, aimed at amending the Unfunded Mandates Reform Act of 1995, includes several financial references primarily relating to the definition of what constitutes a "major rule." These financial elements potentially impact how regulations are formed and evaluated.

Financial References

A significant financial aspect of this bill is found in Section 2, which defines a "major rule" as one likely to have an annual economic effect of $100,000,000 or more. This financial threshold is crucial as it sets a standard for determining the significance of a rule and, consequently, dictates which rules require a more intensive regulatory impact analysis.

Additionally, there is a provision to adjust this financial threshold for inflation every five years, using the Consumer Price Index for All Urban Consumers from the Bureau of Labor Statistics. This ensures that the definition remains relevant over time, accounting for economic changes and maintaining a consistent financial baseline for rule assessments.

Relation to Identified Issues

One of the concerns highlighted in the issues section is the potential ambiguity in defining what constitutes a "major rule". This ambiguity stems from broadly defined criteria that include substantial economic impacts. By setting a significant financial threshold, the bill aims to create a clear benchmark for when a full regulatory impact analysis is necessary. However, the subjective nature of determining "major increases in costs or prices" can still lead to inconsistent interpretations across agencies.

Another issue pertains to how the Office of Information and Regulatory Affairs (OIRA) will manage its new responsibilities. While the bill does not directly address specific compliance costs or provide detailed enforcement measures, it implies an expectation that OIRA will oversee the financial soundness of rules likely to impact the economy severely. This could entail additional administrative expenses for OIRA and the agencies it oversees, although these costs are not explicitly detailed.

Increased financial and administrative burdens are also noted in another issue concerning the inclusion of independent regulatory agencies. The financial implications for these agencies could be substantial, as they might need to allocate additional resources and finances to comply with new oversight and impact analysis requirements.

Finally, the exemption for monetary policy is noted to lack oversight, potentially impacting fiscal transparency. By excluding monetary policy from certain regulatory scrutiny, the bill assumes trust in financial policy makers while potentially bypassing comprehensive financial oversight mechanisms.

In summary, the financial references within H.R. 580 establish clear thresholds for triggering regulatory impact analyses and aim to ensure economic considerations are consistently put to the forefront of regulatory processes. However, challenges remain in balancing these objectives with clarity, consistent application, and thorough oversight, particularly given the broad and sometimes subjective language used in the bill.

Issues

  • The definition of 'major rule' in Section 2 and the handling of significant regulatory decisions could create ambiguity due to broad criteria like economic impacts and indirect costs. This may lead to inconsistent application or interpretation across different agencies and major rules, which can significantly affect economic activities and stakeholders involved.

  • Section 5, which outlines new authorities for the Office of Information and Regulatory Affairs (OIRA), lacks specific compliance criteria and enforcement mechanisms. This could lead to inconsistencies in evaluations of agency compliance and may result in inefficiencies in the oversight of major rules, potentially affecting public trust in regulatory processes.

  • The incorporation of independent regulatory agencies as explained in Section 7 may lead to increased financial and administrative burdens on these agencies. This change lacks a detailed explanation of its necessity or impact, which can raise concerns about governmental overreach and the efficiency of independent agencies.

  • The guidelines for stakeholder consultation in Section 3 might result in complex and lengthy processes without clear prioritization criteria. The broad language on consulting 'a wide variety' of parties may lead to operational challenges and delay the rulemaking process significantly, affecting timely policy implementation.

  • The exemption for monetary policy in Section 7 is broad and lacks specific checks or balances, potentially limiting oversight over significant policy decisions. This could create a loophole for major financial policy decisions to evade thorough review, raising concerns over transparency and accountability in monetary policy.

  • Judicial review procedures outlined in Section 8 may lead to delays and inefficiencies due to the absence of specified timelines and the use of complex legal language. This could complicate challenges to final agency actions and potentially increase the financial burden of judicial processes on stakeholders.

  • Provisions regarding the 'maximization of net benefits' in Section 4 could lead to inconsistencies due to undefined terms like 'net benefits' and exceptions that allow for subjective decision-making. This may result in inconsistent application across different rules, affecting the predictability and reliability of regulatory outcomes.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the act states that its official name is the "Unfunded Mandates Accountability and Transparency Act of 2025".

2. Regulatory impact analyses for certain rules Read Opens in new tab

Summary AI

The amendments to the Unfunded Mandates Reform Act of 1995 require that before any major rule is implemented, a detailed regulatory impact analysis must be conducted and published. This analysis should consider the costs, benefits, and alternative solutions for the rule, and must be open for public comment. Additionally, the content of these analyses should include assessments of how the rule impacts different government levels and communities, and any feedback from those entities should also be summarized and evaluated.

Money References

  • 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 period at the end and inserting “and”; and (C) by adding at the end the following: “(3) 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— “(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 Department of Labor; “(B) a major increase in costs or prices for consumers, individual industries, Federal, State, local, or Tribal government agencies, or geographic regions; or “(C) 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 (3) in section 202 (2 U.S.C. 1532)— (A) by striking the section heading and inserting the following: “SEC.

202. Regulatory impact analyses for certain rules Read Opens in new tab

Summary AI

The section outlines procedures for conducting regulatory impact analyses for certain rules, detailing how these analyses are necessary to assess the implications and effects of proposed regulations.

3. Enhanced stakeholder consultation Read Opens in new tab

Summary AI

The section amends the Unfunded Mandates Reform Act of 1995 to include input from the private sector, such as small businesses, when creating federal mandates. It requires agencies to involve state, local, Tribal officials, and private parties early in the rulemaking process, consider diverse perspectives, and evaluate costs and benefits while seeking alternatives and ensuring regulations do not overlap with existing laws.

4. Maximize net benefits or provide explanation Read Opens in new tab

Summary AI

The amendment to the Unfunded Mandates Reform Act of 1995 requires federal agencies to choose the rulemaking option that gives the most benefits for the least cost. Exceptions are allowed if approved by a specific office and the agency can clearly explain why another option is better due to unquantifiable factors like civil rights, or if it leads to extra benefits or cuts down on costs.

205. Maximize net benefits Read Opens in new tab

Summary AI

The section requires that before establishing any major rule, an agency must choose the option that leads to the greatest net benefits, based on a regulatory impact analysis, unless an exception is approved. Exceptions include cases where costs or benefits cannot be easily measured, such as those affecting constitutional or civil rights, or when adopting a different option would lead to significant additional benefits or cost savings that are thoroughly explained and justified.

5. New authorities and responsibilities for Office of Information and Regulatory Affairs Read Opens in new tab

Summary AI

The section outlines new duties for the Office of Information and Regulatory Affairs, where the Administrator must ensure that major agency rules align with relevant principles and laws without conflicting with other agencies. Additionally, if rules do not comply, the Administrator must notify the agency for corrections and annually report to Congress on each agency’s compliance.

208. Office of Information and Regulatory Affairs responsibilities Read Opens in new tab

Summary AI

The Office of Information and Regulatory Affairs is responsible for ensuring that major rules from agencies align with legal and policy guidelines, and do not clash with other agencies' actions. If a rule doesn't comply, the office will notify the agency and request changes. Additionally, the office must report annually to Congress on each agency's compliance with these guidelines.

6. Initiation of rulemaking Read Opens in new tab

Summary AI

The Unfunded Mandates Reform Act of 1995 is amended to include a new section where, if an agency decides to create a major rule, they must set up an electronic system for the rulemaking process and announce it in the Federal Register. This announcement should explain the rule's purpose, the legal authority behind it, invite suggestions from the public on how to achieve the agency's goals, and should be published at least 90 days before proposing the rule officially.

209. Initiation of rulemaking for major rules Read Opens in new tab

Summary AI

The section outlines the steps an agency must take when starting to create a significant rule. It requires the agency to set up an electronic docket, announce the rulemaking in the Federal Register with essential details, and invite public input, while also providing a way for interested persons to submit their suggestions, all within a specified timeline.

7. Inclusion of application to independent regulatory agencies Read Opens in new tab

Summary AI

The text modifies the Congressional Budget Act of 1974 to include independent regulatory agencies in its application, and it updates the Unfunded Mandates Reform Act of 1995 to exempt rules related to monetary policy executed by the Federal Reserve Board or the Federal Open Market Committee from certain requirements.

6. Exemption for monetary policy Read Opens in new tab

Summary AI

The section states that the rules in titles II, III, or IV do not apply to any actions concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

8. Judicial review Read Opens in new tab

Summary AI

The section outlines that if a person is unhappy with how a government agency has implemented a major rule, they can ask a court to check if the agency followed certain rules and laws. If the court finds the agency was wrong, it can order the agency to fix its mistake following a specific set of legal guidelines.

401. Judicial review Read Opens in new tab

Summary AI

A person who is negatively affected by a final decision made by an agency about a major rule, which falls under section 202, can ask a court to review if the agency followed certain rules. The court's review is based on specific legal standards, and if the court finds the agency didn't comply, it can order the agency to fix its mistakes according to the law.

9. Applying substantive point of order to private sector mandates Read Opens in new tab

Summary AI

The section modifies the Congressional Budget Act of 1974 by broadening the definition of mandates to include both intergovernmental and private sector mandates and updating a reference to a specific subsection.

10. Effective date Read Opens in new tab

Summary AI

Sections 3, 4, 5, and 7 of this Act, along with the changes they introduce, will become effective 120 days after the Act is officially passed into law.