I 

115TH CONGRESS 

1ST SESSION H. R. 50 

To provide for additional safeguards with respect to imposing Federal 

mandates, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2017 

Ms. FOXX (for herself and Mr. CUELLAR) introduced the following bill; which 

was referred to the Committee on Oversight and Government Reform, 

and in addition to the Committees on the Budget, Rules, and 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 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Information and Transparency Act of 2017’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is— 


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1 (1) to improve the quality of the deliberations 

2 of Congress with respect to proposed Federal man3 dates by— 

4 (A) providing Congress and the public with 

5 more complete information about the effects of 

6 such mandates; and 

7 (B) ensuring that Congress acts on such 

8 mandates only after focused deliberation on 

9 their effects; and 

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

11 public to identify Federal mandates that may impose 

12 undue harm on consumers, workers, employers, 

13 small businesses, private property owners, and State, 

14 local, and tribal governments. 

15 SEC. 3. PROVIDING FOR CONGRESSIONAL BUDGET OFFICE 

16 STUDIES ON POLICIES INVOLVING CHANGES 

17 IN CONDITIONS OF GRANT AID. 

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

19 1974 (2 U.S.C. 602(g)) is amended by adding at the end 

20 the following new paragraph: 

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

22 any Chairman or ranking member of the minority of 

23 a Committee of the Senate or the House of Rep24 resentatives, the Director shall conduct an assess25 ment comparing the authorized level of funding in a 


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1 bill or resolution to the prospective costs of carrying 

2 out any changes to a condition of Federal assistance 

3 being imposed on State, local, or tribal governments 

4 participating in the Federal assistance program con5 cerned or, in the case of a bill or joint resolution 

6 that authorizes such sums as are necessary, an as7 sessment of an estimated level of funding compared 

8 to such costs.’’. 

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

10 REFLECT CONGRESSIONAL BUDGET OFFICE 

11 PRACTICE. 

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

13 1974 (2 U.S.C. 658(3)(A)(i)) is amended— 

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

15 or’’ before ‘‘be required’’; and 

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

17 spend’’ the following: ‘‘or could forgo in profits, in18 cluding costs passed on to consumers or other enti19 ties taking into account, to the extent practicable, 

20 behavioral changes,’’. 

21 SEC. 5. EXPANDING THE SCOPE OF REPORTING REQUIRE22 MENTS TO INCLUDE REGULATIONS IMPOSED 

23 BY INDEPENDENT REGULATORY AGENCIES. 

24 Paragraph (1) of section 421 of the Congressional 

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


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

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

3 Governors of the Federal Reserve System, the Federal 

4 Open Market Committee, or the Consumer Financial Pro5 tection Bureau’’. 

6 SEC. 6. AMENDMENTS TO REPLACE OFFICE OF MANAGE7 MENT AND BUDGET WITH OFFICE OF INFOR8 MATION AND REGULATORY AFFAIRS. 

9 The Unfunded Mandates Reform Act of 1995 (Public 

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

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

12 (A) in the subsection heading, by striking 

13 ‘‘OFFICE OF MANAGEMENT AND BUDGET’’ and 

14 inserting ‘‘OFFICE OF INFORMATION AND REG15 ULATORY AFFAIRS’’; and 

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

17 Management and Budget’’ and inserting ‘‘Ad18 ministrator of the Office of Information and 

19 Regulatory Affairs’’; 

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

21 (A) in the subsection heading, by striking 

22 ‘‘OMB’’; and 

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

24 Management and Budget’’ and inserting ‘‘AdVerDate Sep 11 2014 22:06 Jan 05, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H50.IH H50

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1 ministrator of the Office of Information and 

2 Regulatory Affairs’’; and 

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

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

5 and inserting ‘‘Administrator of the Office of Infor6 mation and Regulatory Affairs’’. 

7 SEC. 7. APPLYING SUBSTANTIVE POINT OF ORDER TO PRI8 VATE SECTOR MANDATES. 

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

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

11 (1) by striking ‘‘Federal intergovernmental 

12 mandates’’ and inserting ‘‘Federal mandates’’; and 

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

14 424(a)(1)’’. 

15 SEC. 8. REGULATORY PROCESS AND PRINCIPLES. 

16 Section 201 of the Unfunded Mandates Reform Act 

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

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

19 ‘‘(a) IN GENERAL.—Each agency shall, unless other20 wise expressly prohibited by law, assess the effects of Fed21 eral regulatory actions on State, local, and tribal govern22 ments and the private sector (other than to the extent that 

23 such regulatory actions incorporate requirements specifi24 cally set forth in law) in accordance with the following 

25 principles: 


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

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

3 the failures of private markets or public institutions 

4 that warrant new agency action) as well as assess 

5 the significance of that problem. 

6 ‘‘(2) Each agency shall examine whether exist7 ing regulations (or other law) have created, or con8 tributed to, the problem that a new regulation is in9 tended to correct and whether those regulations (or 

10 other law) should be modified to achieve the in11 tended goal of regulation more effectively. 

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

13 available alternatives to direct regulation, including 

14 providing economic incentives to encourage the de15 sired behavior, such as user fees or marketable per16 mits, or providing information upon which choices 

17 can be made by the public. 

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

19 is the best available method of achieving the regu20 latory objective, it shall design its regulations in the 

21 most cost-effective manner to achieve the regulatory 

22 objective. In doing so, each agency shall consider in23 centives for innovation, consistency, predictability, 

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1 ernment, regulated entities, and the public), flexi2 bility, distributive impacts, and equity. 

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

4 and the benefits of the intended regulation and, rec5 ognizing that some costs and benefits are difficult to 

6 quantify, propose or adopt a regulation, unless ex7 pressly prohibited by law, only upon a reasoned de8 termination that the benefits of the intended regula9 tion justify its costs. 

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

11 best reasonably obtainable scientific, technical, eco12 nomic, and other information concerning the need 

13 for, and consequences of, the intended regulation. 

14 ‘‘(7) Each agency shall identify and assess al15 ternative forms of regulation and shall, to the extent 

16 feasible, specify performance objectives, rather than 

17 specifying the behavior or manner of compliance 

18 that regulated entities must adopt. 

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

20 are inconsistent, incompatible, or duplicative with its 

21 other regulations or those of other Federal agencies. 

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

23 minimize the costs of the cumulative impact of regu24 lations. 


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

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

3 minimizing the potential for uncertainty and litiga4 tion arising from such uncertainty. 

5 ‘‘(b) REGULATORY ACTION DEFINED.—In this sec6 tion, the term ‘regulatory action’ means any substantive 

7 action by an agency (normally published in the Federal 

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

9 promulgation of a final rule or regulation, including ad10 vance notices of proposed rulemaking and notices of pro11 posed rulemaking.’’. 

12 SEC. 9. EXPANDING THE SCOPE OF STATEMENTS TO AC13 COMPANY SIGNIFICANT REGULATORY AC14 TIONS. 

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

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

17 1532) is amended to read as follows: 

18 ‘‘(a) IN GENERAL.—Unless otherwise expressly pro19 hibited by law, before promulgating any general notice of 

20 proposed rulemaking or any final rule, or within six 

21 months after promulgating any final rule that was not pre22 ceded by a general notice of proposed rulemaking, if the 

23 proposed rulemaking or final rule includes a Federal man24 date that may result in an annual effect on State, local, 

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1 gregate of $100,000,000 or more in any 1 year, the agency 

2 shall prepare a written statement containing the following: 

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

4 or final rule, together with a reasonably detailed de5 scription of the need for the proposed rulemaking or 

6 final rule and an explanation of how the proposed 

7 rulemaking or final rule will meet that need. 

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

9 benefits of the proposed rulemaking or final rule, in10 cluding an explanation of the manner in which the 

11 proposed rulemaking or final rule is consistent with 

12 a statutory requirement and avoids undue inter13 ference with State, local, and tribal governments in 

14 the exercise of their governmental functions. 

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

16 including the underlying analysis, of benefits antici17 pated from the proposed rulemaking or final rule 

18 (such as the promotion of the efficient functioning of 

19 the economy and private markets, the enhancement 

20 of health and safety, the protection of the natural 

21 environment, and the elimination or reduction of dis22 crimination or bias). 

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

24 including the underlying analysis, of costs antici25 pated from the proposed rulemaking or final rule 


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

2 administering the final rule and to businesses and 

3 others in complying with the final rule, and any ad4 verse effects on the efficient functioning of the econ5 omy, private markets (including productivity, em6 ployment, and international competitiveness), health, 

7 safety, and the natural environment). 

8 ‘‘(5) Estimates by the agency, if and to the ex9 tent that the agency determines that accurate esti10 mates are reasonably feasible, of— 

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

12 Federal mandate; and 

13 ‘‘(B) any disproportionate budgetary ef14 fects of the Federal mandate upon any par15 ticular regions of the Nation or particular 

16 State, local, or tribal governments, urban or 

17 rural or other types of communities, or par18 ticular segments of the private sector. 

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

20 the agency’s prior consultation with the private sec21 tor and elected representatives (under section 204) 

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

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

24 concerns that were presented by the private sector 


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1 and State, local, or tribal governments either orally 

2 or in writing to the agency. 

3 ‘‘(C) A detailed summary of the agency’s eval4 uation of those comments and concerns. 

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

6 complied with each of the regulatory principles de7 scribed in section 201. 

8 ‘‘(8) An assessment of the effects that the pro9 posed rulemaking or final rule are expected to have 

10 on private property owners, including the use and 

11 value of affected property.’’. 

12 (b) REQUIREMENT FOR DETAILED SUMMARY.—Sub13 section (b) of section 202 of such Act is amended by in14 serting ‘‘detailed’’ before ‘‘summary’’. 

15 SEC. 10. ENHANCED STAKEHOLDER CONSULTATION. 

16 Section 204 of the Unfunded Mandates Reform Act 

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

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

19 PRIVATE SECTOR’’ before ‘‘INPUT’’; 

20 (2) in subsection (a)— 

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

22 within the private sector (including small busi23 ness),’’ after ‘‘on their behalf)’’; and 


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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) Agencies shall, to the extent practicable— 

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

25 tribal governments, and impacted parties within 


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1 the private sector (including small business), on 

2 costs, benefits, and risks; and 

3 ‘‘(B) solicit ideas about alternative meth4 ods of compliance and potential flexibilities, and 

5 input on whether the Federal regulation will 

6 harmonize with and not duplicate similar laws 

7 in other levels of government. 

8 ‘‘(5) Consultations shall address the cumulative 

9 impact of regulations on the affected entities. 

10 ‘‘(6) Agencies may accept electronic submis11 sions of comments by relevant parties but may not 

12 use those comments as the sole method of satisfying 

13 the guidelines in this subsection.’’. 

14 SEC. 11. NEW AUTHORITIES AND RESPONSIBILITIES FOR 

15 OFFICE OF INFORMATION AND REGULATORY 

16 AFFAIRS. 

17 Section 208 of the Unfunded Mandates Reform Act 

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

19 ‘‘SEC. 208. OFFICE OF INFORMATION AND REGULATORY AF20 FAIRS RESPONSIBILITIES. 

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

22 of Information and Regulatory Affairs shall provide mean23 ingful guidance and oversight so that each agency’s regu24 lations for which a written statement is required under 

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1 ments of this title, as well as other applicable laws, and 

2 do not conflict with the policies or actions of another agen3 cy. If the Administrator determines that an agency’s regu4 lations for which a written statement is required under 

5 section 202 do not comply with such principles and re6 quirements, are not consistent with other applicable laws, 

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

8 the Administrator shall identify areas of non-compliance, 

9 notify the agency, and request that the agency comply be10 fore the agency finalizes the regulation concerned. 

11 ‘‘(b) ANNUAL STATEMENTS TO CONGRESS ON AGEN12 CY COMPLIANCE.—The Director of the Office of Informa13 tion and Regulatory Affairs annually shall submit to Con14 gress, including the Committee on Homeland Security and 

15 Governmental Affairs of the Senate and the Committee 

16 on Oversight and Government Reform of the House of 

17 Representatives, a written report detailing compliance by 

18 each agency with the requirements of this title that relate 

19 to regulations for which a written statement is required 

20 by section 202, including activities undertaken at the re21 quest of the Director to improve compliance, during the 

22 preceding reporting period. The report shall also contain 

23 an appendix detailing compliance by each agency with sec24 tion 204.’’. 


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1 SEC. 12. RETROSPECTIVE ANALYSIS OF EXISTING FEDERAL 

2 REGULATIONS. 

3 The Unfunded Mandates Reform Act of 1995 (Public 

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

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

6 and 

7 (2) by inserting after section 208 the following 

8 new section 209: 

9 ‘‘SEC. 209. RETROSPECTIVE ANALYSIS OF EXISTING FED10 ERAL REGULATIONS. 

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

12 or ranking minority member of a standing or select com13 mittee of the House of Representatives or the Senate, an 

14 agency shall conduct a retrospective analysis of an existing 

15 Federal regulation promulgated by an agency. 

16 ‘‘(b) REPORT.—Each agency conducting a retrospec17 tive analysis of existing Federal regulations pursuant to 

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

19 committee, Congress, and the Comptroller General a re20 port containing, with respect to each Federal regulation 

21 covered by the analysis— 

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

23 ‘‘(2) the continued need for the Federal regula24 tion; 


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1 ‘‘(3) the nature of comments or complaints re2 ceived concerning the Federal regulation from the 

3 public since the Federal regulation was promulgated; 

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

5 overlaps, duplicates, or conflicts with other Federal 

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

7 and local governmental rules; 

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

9 conditions, or other factors have changed in the area 

10 affected by the Federal regulation; 

11 ‘‘(6) a complete analysis of the retrospective di12 rect costs and benefits of the Federal regulation that 

13 considers studies done outside the Federal Govern14 ment (if any) estimating such costs or benefits; and 

15 ‘‘(7) any litigation history challenging the Fed16 eral regulation.’’. 

17 SEC. 13. EXPANSION OF JUDICIAL REVIEW. 

18 Section 401(a) of the Unfunded Mandates Reform 

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

20 (1) in paragraphs (1) and (2)(A)— 

21 (A) by striking ‘‘sections 202 and 

22 203(a)(1) and (2)’’ each place it appears and 

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

24 (2), and 205 (a) and (b)’’; and 


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1 (B) by striking ‘‘only’’ each place it ap2 pears; 

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

4 202’’ and all that follows through the period at the 

5 end and inserting the following: ‘‘section 202, pre6 pare the written plan under section 203(a) (1) and 

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

8 may compel the agency to prepare such written 

9 statement, prepare such written plan, or comply with 

10 such section.’’; and 

11 (3) in paragraph (3), by striking ‘‘written state12 ment or plan is required’’ and all that follows 

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

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

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

16 sections 201 and 205 (a) and (b) is required, the in17 adequacy or failure to prepare such statement (in18 cluding the inadequacy or failure to prepare any es19 timate, analysis, statement, or description), to pre20 pare such written plan, or to comply with such sec21 tion may’’. 

Æ 


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