I 

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). 

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 ‘‘2 for 1 Act’’. 

5 SEC. 2. REQUIREMENT TO IDENTIFY 2 RULES TO BE RE6 PEALED WHEN PROPOSING OR PROMUL7 GATING A NEW RULE. 

8 (a) IDENTIFICATION OF 2 RULES TO BE REPEALED

9 REQUIRED.—The head of an agency shall identify at least 

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1 2 of the rules of the agency to be repealed when the agency 

2 publicly proposes for notice and comment or otherwise 

3 promulgates a new rule. 

4 (b) INCREMENTAL COST OF NEW RULES.—With re5 spect to each fiscal year, the total incremental cost of all 

6 new rules, including any repealed rule, to be finalized in 

7 that fiscal year may not be greater than zero, unless a 

8 rule is required by law or consistent with advice provided 

9 in writing by the Director. 

10 (c) INCREMENTAL COST OFFSET.—Any new incre11 mental cost associated with a new rule issued on or after 

12 the date of the enactment of this Act shall be offset by 

13 the elimination of costs associated with at least two other 

14 rules identified to be repealed pursuant to subsection (a). 

15 (d) AGENCY GUIDANCE BY DIRECTOR.—Not later 

16 than 90 days after the date of the enactment of this Act, 

17 and periodically thereafter as the Director determines to 

18 be necessary, the Director shall provide the head of each 

19 agency with guidance on the implementation of this sec20 tion that includes the following: 

21 (1) Processes for standardizing the measure22 ment and estimation of the regulatory cost of the 

23 rule on private entities. 

24 (2) Standards for determining what qualifies as 

25 a new and offsetting rule. 

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1 (3) Standards for determining the cost of a rule 

2 that may be eliminated. 

3 (4) Processes for accounting for costs in dif4 ferent fiscal years. 

5 (5) Methods to oversee the issuance of new 

6 rules with costs offset by savings at different times 

7 or different agencies. 

8 (6) Emergencies and other circumstances that 

9 might justify individual waivers of the requirements 

10 of this section. 

11 (e) ANNUAL REGULATORY COST SUBMISSIONS TO

12 OMB.— 

13 (1) AGENCY IDENTIFICATION OF INCREMENTAL

14 AND OFFSETTING COSTS FOR RULES.—Beginning 

15 with the regulatory plans required under Executive 

16 Order 12866 (58 Fed. Reg. 51735; relating to regu17 latory planning and review) for the fiscal year of the 

18 date of the enactment of this Act, and for each fiscal 

19 year thereafter, the head of each agency shall iden20 tify, for each rule that increases incremental cost, 

21 the offsetting rules described in subsection (c), and 

22 provide the best approximation of the total costs or 

23 savings associated with each new rule or repealed 

24 rule. 

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1 (2) PROHIBITION ON ISSUANCE OF RULE NOT

2 INCLUDED IN THE UNIFIED REGULATORY AGEN3 DA.—The head of an agency may not issue a rule 

4 if the rule was not included on the most recent 

5 version or update of the published Unified Regu6 latory Agenda as required under Executive Order 

7 12866, unless the issuance of the rule was approved 

8 in advance in writing by the Director. 

9 (3) OMB IDENTIFICATION OF INCREMENTAL

10 COSTS FOR RULES.—Not later than the first Monday 

11 in February of each year, the Director shall identify 

12 a total amount of incremental cost for each agency 

13 that will be allowed for the agency to issue and re14 peal rules for the next fiscal year. 

15 (4) ISSUANCE OF AGENCY RULES REQUIRED TO

16 BE WITHIN TOTAL INCREMENTAL COST ALLOW17 ANCE.—The head of an agency may not issue a rule 

18 that exceeds the total incremental cost allowance for 

19 the agency identified by the Director under para20 graph (3), unless the rule is required by law or ap21 proved in writing by the Director. The total incre22 mental cost allowance may allow an increase or re23 quire a reduction in the total regulatory cost of the 

24 rule on private entities. 

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1 (5) OMB GUIDANCE.—Not later than 90 days 

2 after the date of the enactment of this Act, the Di3 rector shall provide to the head of each agency guid4 ance on the implementation of the requirements in 

5 this subsection. 

6 (f) DEFINITIONS.—In this section: 

7 (1) AGENCY.—The term ‘‘agency’’ has the 

8 meaning given that term in section 551 of title 5, 

9 United States Code. 

10 (2) DIRECTOR.—The term ‘‘Director’’ means 

11 the Director of the Office of Management and Budg12 et. 

13 (3) RULE.—The term ‘‘rule’’ means an agency 

14 statement of general or particular applicability and 

15 future effect designed to implement, interpret, or 

16 prescribe law or policy or to describe the procedure 

17 or practice requirements of an agency, but does not 

18 include any of the following: 

19 (A) A rule issued with respect to a mili20 tary, national security, or foreign affairs func21 tion of the United States. 

22 (B) A rule related to agency organization, 

23 management, or personnel. 

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1 (C) Any other category of rules exempted 

2 by the Director. 

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