Regulatory Relief Act of 2017

Regulatory Relief Act of 2017

This bill requires a federal agency to repeal at least two existing rules when promulgating a new rule. For each fiscal year, an agency must offset the total incremental cost of its new rules, unless otherwise required by law or the Office of Management and Budget (OMB).

The bill excludes from such requirements: (1) rules made with respect to a U.S. military, national security, or foreign affairs function; (2) rules related to agency organization, management, or personnel; or (3) other categories of rules exempted by the OMB.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4309 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4309

        To codify Executive Order 13771, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2017

  Mr. Messer introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, 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, 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 ``Regulatory Relief Act of 2017''.

SEC. 2. PURPOSE.

    It is the policy of the executive branch to be prudent and 
financially responsible in the expenditure of funds, from both public 
and private sources. In addition to the management of the direct 
expenditure of taxpayer dollars through the budgeting process, it is 
essential to manage the costs associated with the governmental 
imposition of private expenditures required to comply with Federal 
regulations. Toward that end, it is important that for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.

SEC. 3. REGULATORY CAP.

    (a) In General.--Unless prohibited by law, whenever an agency 
publicly proposes for notice and comment or otherwise promulgates a new 
rule, it shall identify at least two existing rules to be repealed.
    (b) Incremental Cost.--For each fiscal year, the head of each 
agency is directed that the total incremental cost of all new rules, 
including repealed rules, to be finalized that fiscal year shall be no 
greater than zero, unless otherwise required by law or consistent with 
advice provided in writing by the Director of the Office of Management 
and Budget.
    (c) Offset of New Incremental Costs.--In furtherance of the 
requirement of subsection (a) of this section, any new incremental 
costs associated with new rules shall, to the extent permitted by law, 
be offset by the elimination of existing costs associated with at least 
two prior rules. Any agency eliminating existing costs associated with 
prior rules under this subsection shall do so in accordance with 
subchapter II of chapter 5 of title 5, United States Code, and other 
applicable law.
    (d) Guidance.--The Director shall provide the heads of agencies 
with guidance on the implementation of this section. Such guidance 
shall address, among other things, processes for standardizing the 
measurement and estimation of regulatory costs; standards for 
determining what qualifies as new and offsetting rules; standards for 
determining the costs of existing rules that are considered for 
elimination; processes for accounting for costs in different fiscal 
years; methods to oversee the issuance of rules with costs offset by 
savings at different times or different agencies; and emergencies and 
other circumstances that might justify individual waivers of the 
requirements of this section. The Director shall consider phasing in 
and updating these requirements.

SEC. 4. ANNUAL REGULATORY COST SUBMISSIONS TO THE OFFICE OF MANAGEMENT 
              AND BUDGET.

    (a) In General.--Beginning with the Regulatory Plans (required 
under Executive Order 12866 of September 30, 1993, as amended, or any 
successor order) for fiscal year 2018, 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 section 
2(c), and provide the agency's best approximation of the total costs or 
savings associated with each new rule or repealed rule.
    (b) Inclusion in the Unified Regulatory Agenda.--Each rule approved 
by the Director during the Presidential budget process shall be 
included in the Unified Regulatory Agenda required under Executive 
Order 12866, as amended, or any successor order.
    (c) Limitation on Issuance.--Unless otherwise required by law, no 
rule shall be issued by an agency if it was not included on the most 
recent version or update of the published Unified Regulatory Agenda as 
required under Executive Order 12866, as amended, or any successor 
order, unless the issuance of such rule was approved in advance in 
writing by the Director.
    (d) Total Incremental Cost.--During the Presidential budget 
process, the Director shall identify to agencies a total amount of 
incremental costs that will be allowed for each agency in issuing new 
rules and repealing rules for the next fiscal year. No rules exceeding 
the agency's total incremental cost allowance will be permitted in that 
fiscal year, unless required by law or approved in writing by the 
Director. The total incremental cost allowance may allow an increase or 
require a reduction in total regulatory cost.
    (e) Guidance.--The Director shall provide the heads of agencies 
with guidance on the implementation of the requirements in this 
section.

SEC. 5. DEFINITION.

    For purposes of this Act the term ``rule'' has the meaning given 
such term in section 551 of title 5, United States Code, but does not 
include--
            (1) any rule made with respect to a military, national 
        security, or foreign affairs function of the United States;
            (2) any rule related to agency organization, management, or 
        personnel; or
            (3) any other category of rule exempted by the Director.

SEC. 6. GENERAL PROVISIONS.

    (a) Rule of Construction.--Nothing in this Act shall be construed 
to impair or otherwise affect--
            (1) the authority granted by law to an agency, or the head 
        thereof; or
            (2) the functions of the Director of the Office of 
        Management and Budget relating to budgetary, administrative, or 
        legislative proposals.
    (b) No Substantive Right Conferred.--This Act is not intended to, 
and does not, create any right or benefit, substantive or procedural, 
enforceable at law or in equity by any party against the United States, 
its departments, agencies, or entities, its officers, employees, or 
agents, or any other person.
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