Enhanced stakeholder consultation

Section 204 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534) is amended— (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 businesses), after on their behalf); and (B) by striking Federal intergovernmental mandates and inserting Federal mandates; and (3) by amending subsection (c) to read as follows: (c) Guidelines For appropriate implementation of subsections (a) and (b) consistent with applicable laws and regulations, the following guidelines shall be followed: (1) Consultations described in those subsections shall take place as early as possible, before issuance of a notice of proposed rulemaking, 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 parties within the private sector (including small businesses). Geographic, political, and other factors that may differentiate varying points of view should be considered. (3) Agencies should estimate benefits and costs to assist with the consultations described in those subsections. 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 businesses), on costs, benefits, and risks with respect to the applicable regulatory proposal; and (B) solicit ideas about alternative methods of compliance and potential flexibilities, and input on whether the applicable Federal regulation will harmonize with and not duplicate similar laws in other levels of government. (5) Consultations described in those subsections 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..