2 for 1 Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6666 Introduced in House (IH)]

<DOC>






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 REQUIREMENT TO IDENTIFY 2 RULES TO BE REPEALED WHEN PROPOSING 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    (a) Identification of 2 Rules To Be Repealed Required.--The head of 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repealed when the agency publicly proposes for notice and comment or 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repealed rule, to be finalized in that fiscal year may not be greater 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least two other rules identified to be repealed pursuant to subsection 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.
                                 <all>