IIB 

115TH CONGRESS 

2D SESSION H. R. 50 

IN THE SENATE OF THE UNITED STATES 

JULY 16, 2018 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To provide for additional safeguards with respect to imposing 

Federal mandates, 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, 


dlhill on DSK3GLQ082PROD with BILLS
2 

HR 50 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Unfunded Mandates 

3 Information and Transparency Act of 2017’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is— 

6 (1) to improve the quality of the deliberations 

7 of Congress with respect to proposed Federal man8 dates by— 

9 (A) providing Congress and the public with 

10 more complete information about the effects of 

11 such mandates; and 

12 (B) ensuring that Congress acts on such 

13 mandates only after focused deliberation on 

14 their effects; and 

15 (2) to enhance the ability of Congress and the 

16 public to identify Federal mandates that may impose 

17 undue harm on consumers, workers, employers, 

18 small businesses, private property owners, and State, 

19 local, and tribal governments. 

20 SEC. 3. PROVIDING FOR CONGRESSIONAL BUDGET OFFICE 

21 STUDIES ON POLICIES INVOLVING CHANGES 

22 IN CONDITIONS OF GRANT AID. 

23 Section 202(g) of the Congressional Budget Act of 

24 1974 (2 U.S.C. 602(g)) is amended by adding at the end 

25 the following new paragraph: 


dlhill on DSK3GLQ082PROD with BILLS
3 

HR 50 RFS

1 ‘‘(3) ADDITIONAL STUDIES.—At the request of 

2 any Chairman or ranking member of the minority of 

3 a Committee of the Senate or the House of Rep4 resentatives, the Director shall conduct an assess5 ment comparing the authorized level of funding in a 

6 bill or resolution to the prospective costs of carrying 

7 out any changes to a condition of Federal assistance 

8 being imposed on State, local, or tribal governments 

9 participating in the Federal assistance program con10 cerned or, in the case of a bill or joint resolution 

11 that authorizes such sums as are necessary, an as12 sessment of an estimated level of funding compared 

13 to such costs.’’. 

14 SEC. 4. CLARIFYING THE DEFINITION OF DIRECT COSTS TO 

15 REFLECT CONGRESSIONAL BUDGET OFFICE 

16 PRACTICE. 

17 Section 421(3) of the Congressional Budget Act of 

18 1974 (2 U.S.C. 658(3)(A)(i)) is amended— 

19 (1) in subparagraph (A)(i), by inserting ‘‘incur 

20 or’’ before ‘‘be required’’; and 

21 (2) in subparagraph (B), by inserting after ‘‘to 

22 spend’’ the following: ‘‘or could forgo in profits, in23 cluding costs passed on to consumers or other enti24 ties taking into account, to the extent practicable, 

25 behavioral changes,’’. 


dlhill on DSK3GLQ082PROD with BILLS
4 

HR 50 RFS

1 SEC. 5. EXPANDING THE SCOPE OF REPORTING REQUIRE2 MENTS TO INCLUDE REGULATIONS IMPOSED 

3 BY INDEPENDENT REGULATORY AGENCIES. 

4 Paragraph (1) of section 421 of the Congressional 

5 Budget Act of 1974 (2 U.S.C. 658) is amended by striking 

6 ‘‘, but does not include independent regulatory agencies’’ 

7 and inserting ‘‘, except it does not include the Board of 

8 Governors of the Federal Reserve System, the Federal 

9 Open Market Committee, or the Consumer Financial Pro10 tection Bureau’’. 

11 SEC. 6. AMENDMENTS TO REPLACE OFFICE OF MANAGE12 MENT AND BUDGET WITH OFFICE OF INFOR13 MATION AND REGULATORY AFFAIRS. 

14 The Unfunded Mandates Reform Act of 1995 (Public 

15 Law 104–4; 2 U.S.C. 1511 et seq.) is amended— 

16 (1) in section 103(c) (2 U.S.C. 1511(c))— 

17 (A) in the subsection heading, by striking 

18 ‘‘OFFICE OF MANAGEMENT AND BUDGET’’ and 

19 inserting ‘‘OFFICE OF INFORMATION AND REG20 ULATORY AFFAIRS’’; and 

21 (B) by striking ‘‘Director of the Office of 

22 Management and Budget’’ and inserting ‘‘Ad23 ministrator of the Office of Information and 

24 Regulatory Affairs’’; 

25 (2) in section 205(c) (2 U.S.C. 1535(c))— 


dlhill on DSK3GLQ082PROD with BILLS
5 

HR 50 RFS

1 (A) in the subsection heading, by striking 

2 ‘‘OMB’’; and 

3 (B) by striking ‘‘Director of the Office of 

4 Management and Budget’’ and inserting ‘‘Ad5 ministrator of the Office of Information and 

6 Regulatory Affairs’’; and 

7 (3) in section 206 (2 U.S.C. 1536), by striking 

8 ‘‘Director of the Office of Management and Budget’’ 

9 and inserting ‘‘Administrator of the Office of Infor10 mation and Regulatory Affairs’’. 

11 SEC. 7. APPLYING SUBSTANTIVE POINT OF ORDER TO PRI12 VATE SECTOR MANDATES. 

13 Section 425(a)(2) of the Congressional Budget Act 

14 of 1974 (2 U.S.C. 658d(a)(2)) is amended— 

15 (1) by striking ‘‘Federal intergovernmental 

16 mandates’’ and inserting ‘‘Federal mandates’’; and 

17 (2) by inserting ‘‘or 424(b)(1)’’ after ‘‘section 

18 424(a)(1)’’. 

19 SEC. 8. REGULATORY PROCESS AND PRINCIPLES. 

20 Section 201 of the Unfunded Mandates Reform Act 

21 of 1995 (2 U.S.C. 1531) is amended to read as follows: 

22 ‘‘SEC. 201. REGULATORY PROCESS AND PRINCIPLES. 

23 ‘‘(a) IN GENERAL.—Each agency shall, unless other24 wise expressly prohibited by law, assess the effects of Fed25 eral regulatory actions on State, local, and tribal governVerDate Sep 11 2014 02:23 Jul 17, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H50.RFS H50

dlhill on DSK3GLQ082PROD with BILLS
6 

HR 50 RFS

1 ments and the private sector (other than to the extent that 

2 such regulatory actions incorporate requirements specifi3 cally set forth in law) in accordance with the following 

4 principles: 

5 ‘‘(1) Each agency shall identify the problem 

6 that it intends to address (including, if applicable, 

7 the failures of private markets or public institutions 

8 that warrant new agency action) as well as assess 

9 the significance of that problem. 

10 ‘‘(2) Each agency shall examine whether exist11 ing regulations (or other law) have created, or con12 tributed to, the problem that a new regulation is in13 tended to correct and whether those regulations (or 

14 other law) should be modified to achieve the in15 tended goal of regulation more effectively. 

16 ‘‘(3) Each agency shall identify and assess 

17 available alternatives to direct regulation, including 

18 providing economic incentives to encourage the de19 sired behavior, such as user fees or marketable per20 mits, or providing information upon which choices 

21 can be made by the public. 

22 ‘‘(4) If an agency determines that a regulation 

23 is the best available method of achieving the regu24 latory objective, it shall design its regulations in the 

25 most cost-effective manner to achieve the regulatory 


dlhill on DSK3GLQ082PROD with BILLS
7 

HR 50 RFS

1 objective. In doing so, each agency shall consider in2 centives for innovation, consistency, predictability, 

3 the costs of enforcement and compliance (to the gov4 ernment, regulated entities, and the public), flexi5 bility, distributive impacts, and equity. 

6 ‘‘(5) Each agency shall assess both the costs 

7 and the benefits of the intended regulation and, rec8 ognizing that some costs and benefits are difficult to 

9 quantify, propose or adopt a regulation, unless ex10 pressly prohibited by law, only upon a reasoned de11 termination that the benefits of the intended regula12 tion justify its costs. 

13 ‘‘(6) Each agency shall base its decisions on the 

14 best reasonably obtainable scientific, technical, eco15 nomic, and other information concerning the need 

16 for, and consequences of, the intended regulation. 

17 ‘‘(7) Each agency shall identify and assess al18 ternative forms of regulation and shall, to the extent 

19 feasible, specify performance objectives, rather than 

20 specifying the behavior or manner of compliance 

21 that regulated entities must adopt. 

22 ‘‘(8) Each agency shall avoid regulations that 

23 are inconsistent, incompatible, or duplicative with its 

24 other regulations or those of other Federal agencies. 


dlhill on DSK3GLQ082PROD with BILLS
8 

HR 50 RFS

1 ‘‘(9) Each agency shall tailor its regulations to 

2 minimize the costs of the cumulative impact of regu3 lations. 

4 ‘‘(10) Each agency shall draft its regulations to 

5 be simple and easy to understand, with the goal of 

6 minimizing the potential for uncertainty and litiga7 tion arising from such uncertainty. 

8 ‘‘(b) REGULATORY ACTION DEFINED.—In this sec9 tion, the term ‘regulatory action’ means any substantive 

10 action by an agency (normally published in the Federal 

11 Register) that promulgates or is expected to lead to the 

12 promulgation of a final rule or regulation, including ad13 vance notices of proposed rulemaking and notices of pro14 posed rulemaking.’’. 

15 SEC. 9. EXPANDING THE SCOPE OF STATEMENTS TO AC16 COMPANY SIGNIFICANT REGULATORY AC17 TIONS. 

18 (a) IN GENERAL.—Subsection (a) of section 202 of 

19 the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 

20 1532) is amended to read as follows: 

21 ‘‘(a) IN GENERAL.—Unless otherwise expressly pro22 hibited by law, before promulgating any general notice of 

23 proposed rulemaking or any final rule, or within six 

24 months after promulgating any final rule that was not pre25 ceded by a general notice of proposed rulemaking, if the 


dlhill on DSK3GLQ082PROD with BILLS
9 

HR 50 RFS

1 proposed rulemaking or final rule includes a Federal man2 date that may result in an annual effect on State, local, 

3 or tribal governments, or to the private sector, in the ag4 gregate of $100,000,000 or more in any 1 year, the agency 

5 shall prepare a written statement containing the following: 

6 ‘‘(1) The text of the draft proposed rulemaking 

7 or final rule, together with a reasonably detailed de8 scription of the need for the proposed rulemaking or 

9 final rule and an explanation of how the proposed 

10 rulemaking or final rule will meet that need. 

11 ‘‘(2) An assessment of the potential costs and 

12 benefits of the proposed rulemaking or final rule, in13 cluding an explanation of the manner in which the 

14 proposed rulemaking or final rule is consistent with 

15 a statutory requirement and avoids undue inter16 ference with State, local, and tribal governments in 

17 the exercise of their governmental functions. 

18 ‘‘(3) A qualitative and quantitative assessment, 

19 including the underlying analysis, of benefits antici20 pated from the proposed rulemaking or final rule 

21 (such as the promotion of the efficient functioning of 

22 the economy and private markets, the enhancement 

23 of health and safety, the protection of the natural 

24 environment, and the elimination or reduction of dis25 crimination or bias). 


dlhill on DSK3GLQ082PROD with BILLS
10 

HR 50 RFS

1 ‘‘(4) A qualitative and quantitative assessment, 

2 including the underlying analysis, of costs antici3 pated from the proposed rulemaking or final rule 

4 (such as the direct costs both to the Government in 

5 administering the final rule and to businesses and 

6 others in complying with the final rule, and any ad7 verse effects on the efficient functioning of the econ8 omy, private markets (including productivity, em9 ployment, and international competitiveness), health, 

10 safety, and the natural environment). 

11 ‘‘(5) Estimates by the agency, if and to the ex12 tent that the agency determines that accurate esti13 mates are reasonably feasible, of— 

14 ‘‘(A) the future compliance costs of the 

15 Federal mandate; and 

16 ‘‘(B) any disproportionate budgetary ef17 fects of the Federal mandate upon any par18 ticular regions of the Nation or particular 

19 State, local, or tribal governments, urban or 

20 rural or other types of communities, or par21 ticular segments of the private sector. 

22 ‘‘(6)(A) A detailed description of the extent of 

23 the agency’s prior consultation with the private sec24 tor and elected representatives (under section 204) 

25 of the affected State, local, and tribal governments. 


dlhill on DSK3GLQ082PROD with BILLS
11 

HR 50 RFS

1 ‘‘(B) A detailed summary of the comments and 

2 concerns that were presented by the private sector 

3 and State, local, or tribal governments either orally 

4 or in writing to the agency. 

5 ‘‘(C) A detailed summary of the agency’s eval6 uation of those comments and concerns. 

7 ‘‘(7) A detailed summary of how the agency 

8 complied with each of the regulatory principles de9 scribed in section 201. 

10 ‘‘(8) An assessment of the effects that the pro11 posed rulemaking or final rule are expected to have 

12 on private property owners, including the use and 

13 value of affected property.’’. 

14 (b) REQUIREMENT FOR DETAILED SUMMARY.—Sub15 section (b) of section 202 of such Act is amended by in16 serting ‘‘detailed’’ before ‘‘summary’’. 

17 SEC. 10. ENHANCED STAKEHOLDER CONSULTATION. 

18 Section 204 of the Unfunded Mandates Reform Act 

19 of 1995 (2 U.S.C. 1534) is amended— 

20 (1) in the section heading, by inserting ‘‘AND

21 PRIVATE SECTOR’’ before ‘‘INPUT’’; 

22 (2) in subsection (a)— 

23 (A) by inserting ‘‘, and impacted parties 

24 within the private sector (including small busi25 ness),’’ after ‘‘on their behalf)’’; and 


dlhill on DSK3GLQ082PROD with BILLS
12 

HR 50 RFS

1 (B) by striking ‘‘Federal intergovernmental 

2 mandates’’ and inserting ‘‘Federal mandates’’; 

3 and 

4 (3) by amending subsection (c) to read as fol5 lows: 

6 ‘‘(c) GUIDELINES.—For appropriate implementation 

7 of subsections (a) and (b) consistent with applicable laws 

8 and regulations, the following guidelines shall be followed: 

9 ‘‘(1) Consultations shall take place as early as 

10 possible, before issuance of a notice of proposed rule11 making, continue through the final rule stage, and 

12 be integrated explicitly into the rulemaking process. 

13 ‘‘(2) Agencies shall consult with a wide variety 

14 of State, local, and tribal officials and impacted par15 ties within the private sector (including small busi16 nesses). Geographic, political, and other factors that 

17 may differentiate varying points of view should be 

18 considered. 

19 ‘‘(3) Agencies should estimate benefits and 

20 costs to assist with these consultations. The scope of 

21 the consultation should reflect the cost and signifi22 cance of the Federal mandate being considered. 

23 ‘‘(4) A record of any consultation with any non24 Federal party during the development of regulatory 

25 proposals containing a significant Federal mandate 


dlhill on DSK3GLQ082PROD with BILLS
13 

HR 50 RFS

1 shall be posted on the website of the agency within 

2 five days after the consultation. Any comments sub3 mitted by a non-Federal party shall be posted on the 

4 website of the agency within five days after the date 

5 of submission to the agency. 

6 ‘‘(5) Agencies shall, to the extent practicable— 

7 ‘‘(A) seek out the views of State, local, and 

8 tribal governments, and impacted parties within 

9 the private sector (including small business), on 

10 costs, benefits, and risks; and 

11 ‘‘(B) solicit ideas about alternative meth12 ods of compliance and potential flexibilities, and 

13 input on whether the Federal regulation will 

14 harmonize with and not duplicate similar laws 

15 in other levels of government. 

16 ‘‘(6) Consultations shall address the cumulative 

17 impact of regulations on the affected entities. 

18 ‘‘(7) Agencies may accept electronic submis19 sions of comments by relevant parties but may not 

20 use those comments as the sole method of satisfying 

21 the guidelines in this subsection.’’. 


dlhill on DSK3GLQ082PROD with BILLS
14 

HR 50 RFS

1 SEC. 11. NEW AUTHORITIES AND RESPONSIBILITIES FOR 

2 OFFICE OF INFORMATION AND REGULATORY 

3 AFFAIRS. 

4 Section 208 of the Unfunded Mandates Reform Act 

5 of 1995 (2 U.S.C. 1538) is amended to read as follows: 

6 ‘‘SEC. 208. OFFICE OF INFORMATION AND REGULATORY AF7 FAIRS RESPONSIBILITIES. 

8 ‘‘(a) IN GENERAL.—The Administrator of the Office 

9 of Information and Regulatory Affairs shall provide mean10 ingful guidance and oversight so that each agency’s regu11 lations for which a written statement is required under 

12 section 202 are consistent with the principles and require13 ments of this title, as well as other applicable laws, and 

14 do not conflict with the policies or actions of another agen15 cy. If the Administrator determines that an agency’s regu16 lations for which a written statement is required under 

17 section 202 do not comply with such principles and re18 quirements, are not consistent with other applicable laws, 

19 or conflict with the policies or actions of another agency, 

20 the Administrator shall identify areas of non-compliance, 

21 notify the agency, and request that the agency comply be22 fore the agency finalizes the regulation concerned. 

23 ‘‘(b) ANNUAL STATEMENTS TO CONGRESS ON AGEN24 CY COMPLIANCE.—The Director of the Office of Informa25 tion and Regulatory Affairs annually shall submit to Con26 gress, including the Committee on Homeland Security and 


dlhill on DSK3GLQ082PROD with BILLS
15 

HR 50 RFS

1 Governmental Affairs of the Senate and the Committee 

2 on Oversight and Government Reform of the House of 

3 Representatives, a written report detailing compliance by 

4 each agency with the requirements of this title that relate 

5 to regulations for which a written statement is required 

6 by section 202, including activities undertaken at the re7 quest of the Director to improve compliance, during the 

8 preceding reporting period. The report shall also contain 

9 an appendix detailing compliance by each agency with sec10 tion 204.’’. 

11 SEC. 12. RETROSPECTIVE ANALYSIS OF EXISTING FEDERAL 

12 REGULATIONS. 

13 The Unfunded Mandates Reform Act of 1995 (Public 

14 Law 104–4; 2 U.S.C. 1511 et seq.) is amended— 

15 (1) by redesignating section 209 as section 210; 

16 and 

17 (2) by inserting after section 208 the following 

18 new section 209: 

19 ‘‘SEC. 209. RETROSPECTIVE ANALYSIS OF EXISTING FED20 ERAL REGULATIONS. 

21 ‘‘(a) REQUIREMENT.—At the request of the chairman 

22 or ranking minority member of a standing or select com23 mittee of the House of Representatives or the Senate, an 

24 agency shall conduct a retrospective analysis of an existing 

25 Federal regulation promulgated by an agency. 


dlhill on DSK3GLQ082PROD with BILLS
16 

HR 50 RFS

1 ‘‘(b) REPORT.—Each agency conducting a retrospec2 tive analysis of existing Federal regulations pursuant to 

3 subsection (a) shall submit to the chairman of the relevant 

4 committee, Congress, and the Comptroller General a re5 port containing, with respect to each Federal regulation 

6 covered by the analysis— 

7 ‘‘(1) a copy of the Federal regulation; 

8 ‘‘(2) the continued need for the Federal regula9 tion; 

10 ‘‘(3) the nature of comments or complaints re11 ceived concerning the Federal regulation from the 

12 public since the Federal regulation was promulgated; 

13 ‘‘(4) the extent to which the Federal regulation 

14 overlaps, duplicates, or conflicts with other Federal 

15 regulations, and, to the extent feasible, with State 

16 and local governmental rules; 

17 ‘‘(5) the degree to which technology, economic 

18 conditions, or other factors have changed in the area 

19 affected by the Federal regulation; 

20 ‘‘(6) a complete analysis of the retrospective di21 rect costs and benefits of the Federal regulation that 

22 considers studies done outside the Federal Govern23 ment (if any) estimating such costs or benefits; and 

24 ‘‘(7) any litigation history challenging the Fed25 eral regulation.’’. 


dlhill on DSK3GLQ082PROD with BILLS
17 

HR 50 RFS

1 SEC. 13. EXPANSION OF JUDICIAL REVIEW. 

2 Section 401(a) of the Unfunded Mandates Reform 

3 Act of 1995 (2 U.S.C. 1571(a)) is amended— 

4 (1) in paragraphs (1) and (2)(A)— 

5 (A) by striking ‘‘sections 202 and 

6 203(a)(1) and (2)’’ each place it appears and 

7 inserting ‘‘sections 201, 202, 203(a)(1) and (2), 

8 and 205(a) and (b)’’; and 

9 (B) by striking ‘‘only’’ each place it ap10 pears; 

11 (2) in paragraph (2)(B), by striking ‘‘section 

12 202’’ and all that follows through the period at the 

13 end and inserting the following: ‘‘section 202, pre14 pare the written plan under section 203(a)(1) and 

15 (2), or comply with section 205(a) and (b), a court 

16 may compel the agency to prepare such written 

17 statement, prepare such written plan, or comply with 

18 such section.’’; and 

19 (3) in paragraph (3), by striking ‘‘written state20 ment or plan is required’’ and all that follows 

21 through ‘‘shall not’’ and inserting the following: 

22 ‘‘written statement under section 202, a written plan 

23 under section 203(a)(1) and (2), or compliance with 

24 sections 201 and 205(a) and (b) is required, the in25 adequacy or failure to prepare such statement (in26 cluding the inadequacy or failure to prepare any esVerDate Sep 11 2014 02:23 Jul 17, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H50.RFS H50

dlhill on DSK3GLQ082PROD with BILLS
18 

HR 50 RFS

1 timate, analysis, statement, or description), to pre2 pare such written plan, or to comply with such sec3 tion may’’. 

4 SEC. 14. REAUTHORIZATION. 

5 Section 109 of the Unfunded Mandates Reform Act 

6 of 1995 (2 U.S.C. 1516) is amended to read as follows: 

7 ‘‘SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There are authorized to be appropriated to the Con9 gressional Budget Office $1,500,000 for each of fiscal 

10 years 2018 through 2024 to carry out the provisions of 

11 this title.’’. 

Passed the House of Representatives July 13, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


dlhill on DSK3GLQ082PROD with BILLS