[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7867 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7867
To amend the Unfunded Mandates Reform Act of 1995 to require the
Director of the Office of Management and Budget to establish a limit
for the total amount of additional unfunded regulatory costs that may
be imposed in a fiscal year, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 5, 2024
Mr. Fallon (for himself, Mr. Comer, and Ms. Foxx) 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 amend the Unfunded Mandates Reform Act of 1995 to require the
Director of the Office of Management and Budget to establish a limit
for the total amount of additional unfunded regulatory costs that may
be imposed in a fiscal year, and for other purposes.
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 ``Renewing Efficiency in Government by
Budgeting Act'' or the ``REG Budgeting Act''.
SEC. 2. REGULATORY BUDGETING.
(a) Regulatory Budgeting.--Title II of the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4; 15 U.S.C. 1531 et seq.) is amended by
adding at the end the following:
``SEC. 210. REGULATORY BUDGETING.
``(a) Limit for the Amount of Additional Unfunded Regulatory Costs
That May Be Imposed Each Fiscal Year.--
``(1) Establishment.--
``(A) In general.--On or before September 30 of
each fiscal year, the Director shall establish--
``(i) a limit on the amount of additional
unfunded regulatory costs that may be imposed
collectively by the heads of all agencies in
the next fiscal year; and
``(ii) as part of the limit established
under clause (i), a limit on the amount of
additional unfunded regulatory costs that may
be imposed individually by the head of each
agency in the next fiscal year.
``(B) Additional matters related to limit.--The
Director may require as part of a limit under
subparagraph (A), that cumulative unfunded regulatory
costs be reduced, including for the purpose of
offsetting any additional unfunded regulatory costs
that may be imposed by the heads of agencies during the
fiscal year for which the limit is established.
``(C) Congressional approval.--The Director may not
establish a limit under subparagraph (A) that allows
the head of an agency to impose an additional unfunded
regulatory cost unless Congress approves such limit.
``(2) Reports.--
``(A) Agency-wide limit.--Not later than 7 days
after establishing a limit under paragraph (1)(A)(i),
the Director shall--
``(i) submit a report that identifies the
limit established, and contains a reasoned
statement of the basis and purpose of
establishing such limit, to the appropriate
congressional committees; and
``(ii) publish the report on the website
designated under subparagraph (D).
``(B) Agency-specific limit.--Not later than 7 days
after establishing a limit under paragraph (1)(A)(ii)
with respect to an agency, the Director shall--
``(i) submit a report that identifies the
limit established, and contains a reasoned
statement of the basis and purpose of
establishing such limit, to--
``(I) the appropriate congressional
committees; and
``(II) each standing committee with
jurisdiction under the rules of the
House of Representatives or the Senate
to report a bill to amend the
provisions of law under which the head
of the agency is authorized to
promulgate rules; and
``(ii) publish the report on the website
designated under subparagraph (D).
``(C) Prohibition on promulgating certain rules
until submission of report to appropriate congressional
committees.--
``(i) In general.--The head of an agency
may not finalize a rule that imposes an
additional unfunded regulatory cost until the
Director submits to the appropriate
congressional committees the reports required
by subparagraph (A)(i) and subparagraph (B)(i)
for the fiscal year in which the rule would be
finalized.
``(ii) Exception.--The prohibition under
clause (i) shall not apply to any rule with
respect to which the President issues an
Executive order stating that the rule should
take effect because the rule is--
``(I) necessary--
``(aa) because of an
emergency, including an
imminent threat to health or
safety;
``(bb) for the enforcement
of criminal laws; or
``(cc) for national
security; or
``(II) being issued pursuant to a
law implementing an international trade
agreement.
``(D) Designation of website.--Not later than 90
days after the date of the enactment of this
subsection, the Director shall designate a website
through which the Director will publish reports in
accordance with subparagraphs (A) and (B).
``(b) Rules Resulting in Limit Being Exceeded.--
``(1) Congressional approval.--If the promulgation of any
individual rule would result in a limit established under
subsection (a)(1)(A) being exceeded, the rule may not go into
effect during the fiscal year in which the rule is promulgated
unless and until Congress approves such rule during such fiscal
year.
``(2) Notification.--In the case that the head of an agency
determines that finalizing a rule may result in the amount of
additional unfunded regulatory costs imposed by the head of the
agency during that fiscal year to exceed a limit established
under subsection (a)(1)(A), the head of the agency--
``(A) shall submit, before promulgating a general
notice of a final rule with respect to such rule, a
notification to the Director that includes--
``(i) a justification for exceeding such
limit as a result of such rule;
``(ii) by how much the limit will be
exceeded as a result of such rule; and
``(iii) whether the head of the agency
identified or considered any alternatives to
such rule that would have imposed a lesser
amount of additional unfunded regulatory costs,
and if so, how much less such amount would have
been; and
``(B) may not promulgate such rule until the head
of the agency receives from the Director a notification
under paragraph (3)(C) with respect to such rule.
``(3) Determination by director.--After receiving a
notification under paragraph (2), the Director shall--
``(A) determine whether finalizing such rule during
that fiscal year will result in a limit established
under subsection (a)(1)(A) being exceeded;
``(B) determine whether the Director agrees with
the determination of the head of the agency that such
rule should be finalized notwithstanding such limit;
and
``(C) submit a written notification to the head of
the agency on the determinations made under
subparagraphs (A) and (B).
``(4) Report to congress.--In the case that the Director
determines under paragraph (3)(B) that the Director agrees with
a determination by the head of an agency to finalize a rule
that will result in a limit established under subsection
(a)(1)(A) being exceeded, not later than 7 days after the
Director submits a notification to the head of an agency under
paragraph (3)(C) with respect to such determination, the
Director shall submit to the appropriate congressional
committees, each standing committee with jurisdiction under the
rules of the House of Representatives or the Senate to report a
bill to amend the provision of law under which the rule is to
be promulgated, and the Comptroller General, a notification
regarding such determination by the Director that includes--
``(A) the information provided by the head of the
agency to the Director under paragraph (2)(A) with
respect to such rule; and
``(B) a reasoned statement of the basis and purpose
of such determination.
``(c) Statement Regarding Additional Unfunded Regulatory Costs.--In
publishing a general notice of a final rule, the head of an agency
shall include in such notice a statement that includes--
``(1) whether the rule will result in the amount of
additional unfunded regulatory costs imposed by the agency
during the fiscal year in which the rule is finalized to exceed
a limit established under subsection (a)(1)(A); and
``(2) in the case that the rule will result in the amount
of additional unfunded regulatory costs imposed by the agency
during the fiscal year in which the rule is finalized to exceed
a limit established under subsection (a)(1)(A)--
``(A) by how much the limit will be exceeded as a
result of the rule;
``(B) a justification for exceeding such limit as a
result of the rule;
``(C) whether the agency identified or considered
any alternatives to the rule that would have imposed a
lesser amount of additional unfunded regulatory costs,
and if so, how much less such amount would have been;
``(D) that the head of the agency submitted a
notification to the Director under subsection (b)(2);
and
``(E) the determinations made by the Director under
subsection (b)(3) with respect to such rule.
``(d) Annual Report.--On or before October 30 of each fiscal year,
the Director shall submit to the appropriate congressional committees a
report on the administration by the Director of the limits established
under subsection (a)(1)(A) for the prior fiscal year, including--
``(1) whether the total amount of additional unfunded
regulatory costs imposed by all agencies in the prior fiscal
year met or exceeded the limit established under clause (i) of
such subsection;
``(2) whether the total amount of additional unfunded
regulatory costs imposed by the head of each agency in the
prior fiscal year met or exceeded the limit established for
such costs under clause (ii) of such subsection;
``(3) a detailed statement that--
``(A) identifies by how much, and as a result of
finalizing which rule or rules, any such limit was
exceeded; and
``(B) includes a justification for exceeding any
such limit as a result of finalizing such rule or
rules;
``(4) a list of each rule with respect to which the
Director determined under subsection (b)(3)(B) that the
Director agreed with a determination by the head of an agency
to finalize the rule notwithstanding a limit established under
subsection (a)(1)(A).
``(e) Definitions.--In this section:
``(1) Additional unfunded regulatory cost.--The term
`additional unfunded regulatory cost' means an unfunded
regulatory cost that had not been required to be incurred by a
State, local, or Tribal government, or the private sector, as a
result of a Federal mandate in a rule during any preceding
fiscal year.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Oversight and Accountability
of the House of Representatives; and
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(3) Cost.--The term `cost' means--
``(A) a direct cost; or
``(B) a quantifiable cost that can be estimated
using the methods and concepts described in Office of
Management and Budget Circular A-4 issued on September
17, 2003.
``(4) Cumulative unfunded regulatory costs.--The term
`cumulative unfunded regulatory costs' means all costs required
to be incurred by a State, local, or Tribal government, or by
the private sector as a result of all Federal mandates included
in rules during all preceding fiscal years.
``(5) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(6) Unfunded regulatory cost.--The term `unfunded
regulatory cost' means a cost required to be incurred by a
State, local, or Tribal government, or by the private sector,
as a result of a Federal mandate included in a rule.''.
(b) Analysis of Whether Rule Exceeds Budget.--Section 202 of the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2 U.S.C. 1532)
is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``; and''
inserting a semicolon;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) an analysis of whether the proposed rule or final
rule, as applicable, may or will result in the total amount of
additional unfunded regulatory costs (as that term is defined
in section 210) imposed by the head of the agency during the
fiscal year in which the rule is issued exceeding a limit
established under section 210(a)(1)(A)(ii) for the agency.'';
and
(2) in subsection (c), by striking ``subsection (a)'' each
place such term appears and inserting ``paragraphs (1) through
(5) of subsection (a)''.
(c) Effective Date.--Notwithstanding section 209 of the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4; 15 U.S.C. 1531 note),
the amendments made by this Act shall take effect on the date of the
enactment of this Act.
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