[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6666 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6666
To codify Executive Order 13771 (relating to reducing regulation and
controlling regulatory costs).
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 7, 2023
Mr. Gallagher introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To codify Executive Order 13771 (relating to reducing regulation and
controlling regulatory costs).
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``2 for 1 Act''.
SEC. 2. REQUIREMENT TO IDENTIFY 2 RULES TO BE REPEALED WHEN PROPOSING
OR PROMULGATING A NEW RULE.
(a) Identification of 2 Rules To Be Repealed Required.--The head of
an agency shall identify at least 2 of the rules of the agency to be
repealed when the agency publicly proposes for notice and comment or
otherwise promulgates a new rule.
(b) Incremental Cost of New Rules.--With respect to each fiscal
year, the total incremental cost of all new rules, including any
repealed rule, to be finalized in that fiscal year may not be greater
than zero, unless a rule is required by law or consistent with advice
provided in writing by the Director.
(c) Incremental Cost Offset.--Any new incremental cost associated
with a new rule issued on or after the date of the enactment of this
Act shall be offset by the elimination of costs associated with at
least two other rules identified to be repealed pursuant to subsection
(a).
(d) Agency Guidance by Director.--Not later than 90 days after the
date of the enactment of this Act, and periodically thereafter as the
Director determines to be necessary, the Director shall provide the
head of each agency with guidance on the implementation of this section
that includes the following:
(1) Processes for standardizing the measurement and
estimation of the regulatory cost of the rule on private
entities.
(2) Standards for determining what qualifies as a new and
offsetting rule.
(3) Standards for determining the cost of a rule that may
be eliminated.
(4) Processes for accounting for costs in different fiscal
years.
(5) Methods to oversee the issuance of new rules with costs
offset by savings at different times or different agencies.
(6) Emergencies and other circumstances that might justify
individual waivers of the requirements of this section.
(e) Annual Regulatory Cost Submissions to OMB.--
(1) Agency identification of incremental and offsetting
costs for rules.--Beginning with the regulatory plans required
under Executive Order 12866 (58 Fed. Reg. 51735; relating to
regulatory planning and review) for the fiscal year of the date
of the enactment of this Act, and for each fiscal year
thereafter, the head of each agency shall identify, for each
rule that increases incremental cost, the offsetting rules
described in subsection (c), and provide the best approximation
of the total costs or savings associated with each new rule or
repealed rule.
(2) Prohibition on issuance of rule not included in the
unified regulatory agenda.--The head of an agency may not issue
a rule if the rule was not included on the most recent version
or update of the published Unified Regulatory Agenda as
required under Executive Order 12866, unless the issuance of
the rule was approved in advance in writing by the Director.
(3) OMB identification of incremental costs for rules.--Not
later than the first Monday in February of each year, the
Director shall identify a total amount of incremental cost for
each agency that will be allowed for the agency to issue and
repeal rules for the next fiscal year.
(4) Issuance of agency rules required to be within total
incremental cost allowance.--The head of an agency may not
issue a rule that exceeds the total incremental cost allowance
for the agency identified by the Director under paragraph (3),
unless the rule is required by law or approved in writing by
the Director. The total incremental cost allowance may allow an
increase or require a reduction in the total regulatory cost of
the rule on private entities.
(5) OMB guidance.--Not later than 90 days after the date of
the enactment of this Act, the Director shall provide to the
head of each agency guidance on the implementation of the
requirements in this subsection.
(f) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(3) Rule.--The term ``rule'' means an agency statement of
general or particular applicability and future effect designed
to implement, interpret, or prescribe law or policy or to
describe the procedure or practice requirements of an agency,
but does not include any of the following:
(A) A rule issued with respect to a military,
national security, or foreign affairs function of the
United States.
(B) A rule related to agency organization,
management, or personnel.
(C) Any other category of rules exempted by the
Director.
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