I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regulatory Relief Act 

5 of 2017’’. 

6 SEC. 2. PURPOSE. 

7 It is the policy of the executive branch to be prudent 

8 and financially responsible in the expenditure of funds, 

9 from both public and private sources. In addition to the 

10 management of the direct expenditure of taxpayer dollars 


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1 through the budgeting process, it is essential to manage 

2 the costs associated with the governmental imposition of 

3 private expenditures required to comply with Federal reg4 ulations. Toward that end, it is important that for every 

5 one new regulation issued, at least two prior regulations 

6 be identified for elimination, and that the cost of planned 

7 regulations be prudently managed and controlled through 

8 a budgeting process. 

9 SEC. 3. REGULATORY CAP. 

10 (a) IN GENERAL.—Unless prohibited by law, when11 ever an agency publicly proposes for notice and comment 

12 or otherwise promulgates a new rule, it shall identify at 

13 least two existing rules to be repealed. 

14 (b) INCREMENTAL COST.—For each fiscal year, the 

15 head of each agency is directed that the total incremental 

16 cost of all new rules, including repealed rules, to be final17 ized that fiscal year shall be no greater than zero, unless 

18 otherwise required by law or consistent with advice pro19 vided in writing by the Director of the Office of Manage20 ment and Budget. 

21 (c) OFFSET OF NEW INCREMENTAL COSTS.—In fur22 therance of the requirement of subsection (a) of this sec23 tion, any new incremental costs associated with new rules 

24 shall, to the extent permitted by law, be offset by the elimi25 nation of existing costs associated with at least two prior 


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1 rules. Any agency eliminating existing costs associated 

2 with prior rules under this subsection shall do so in ac3 cordance with subchapter II of chapter 5 of title 5, United 

4 States Code, and other applicable law. 

5 (d) GUIDANCE.—The Director shall provide the 

6 heads of agencies with guidance on the implementation of 

7 this section. Such guidance shall address, among other 

8 things, processes for standardizing the measurement and 

9 estimation of regulatory costs; standards for determining 

10 what qualifies as new and offsetting rules; standards for 

11 determining the costs of existing rules that are considered 

12 for elimination; processes for accounting for costs in dif13 ferent fiscal years; methods to oversee the issuance of 

14 rules with costs offset by savings at different times or dif15 ferent agencies; and emergencies and other circumstances 

16 that might justify individual waivers of the requirements 

17 of this section. The Director shall consider phasing in and 

18 updating these requirements. 

19 SEC. 4. ANNUAL REGULATORY COST SUBMISSIONS TO THE 

20 OFFICE OF MANAGEMENT AND BUDGET. 

21 (a) IN GENERAL.—Beginning with the Regulatory 

22 Plans (required under Executive Order 12866 of Sep23 tember 30, 1993, as amended, or any successor order) for 

24 fiscal year 2018, and for each fiscal year thereafter, the 

25 head of each agency shall identify, for each rule that inVerDate Sep 11 2014 19:54 Nov 13, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4309.IH H4309

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1 creases incremental cost, the offsetting rules described in 

2 section 2(c), and provide the agency’s best approximation 

3 of the total costs or savings associated with each new rule 

4 or repealed rule. 

5 (b) INCLUSION IN THE UNIFIED REGULATORY AGEN6 DA.—Each rule approved by the Director during the Pres7 idential budget process shall be included in the Unified 

8 Regulatory Agenda required under Executive Order 

9 12866, as amended, or any successor order. 

10 (c) LIMITATION ON ISSUANCE.—Unless otherwise re11 quired by law, no rule shall be issued by an agency if it 

12 was not included on the most recent version or update of 

13 the published Unified Regulatory Agenda as required 

14 under Executive Order 12866, as amended, or any suc15 cessor order, unless the issuance of such rule was ap16 proved in advance in writing by the Director. 

17 (d) TOTAL INCREMENTAL COST.—During the Presi18 dential budget process, the Director shall identify to agen19 cies a total amount of incremental costs that will be al20 lowed for each agency in issuing new rules and repealing 

21 rules for the next fiscal year. No rules exceeding the agen22 cy’s total incremental cost allowance will be permitted in 

23 that fiscal year, unless required by law or approved in 

24 writing by the Director. The total incremental cost allowVerDate Sep 11 2014 19:54 Nov 13, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4309.IH H4309

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1 ance may allow an increase or require a reduction in total 

2 regulatory cost. 

3 (e) GUIDANCE.—The Director shall provide the heads 

4 of agencies with guidance on the implementation of the 

5 requirements in this section. 

6 SEC. 5. DEFINITION. 

7 For purposes of this Act the term ‘‘rule’’ has the 

8 meaning given such term in section 551 of title 5, United 

9 States Code, but does not include— 

10 (1) any rule made with respect to a military, 

11 national security, or foreign affairs function of the 

12 United States; 

13 (2) any rule related to agency organization, 

14 management, or personnel; or 

15 (3) any other category of rule exempted by the 

16 Director. 

17 SEC. 6. GENERAL PROVISIONS. 

18 (a) RULE OF CONSTRUCTION.—Nothing in this Act 

19 shall be construed to impair or otherwise affect— 

20 (1) the authority granted by law to an agency, 

21 or the head thereof; or 

22 (2) the functions of the Director of the Office 

23 of Management and Budget relating to budgetary, 

24 administrative, or legislative proposals. 


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1 (b) NO SUBSTANTIVE RIGHT CONFERRED.—This 

2 Act is not intended to, and does not, create any right or 

3 benefit, substantive or procedural, enforceable at law or 

4 in equity by any party against the United States, its de5 partments, agencies, or entities, its officers, employees, or 

6 agents, or any other person. 

Æ 


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