I 
118TH CONGRESS 
1ST SESSION 
H. R. 261 
To amend the Congressional Budget Act of 1974 to establish a Federal 
regulatory budget and to impose cost controls on that budget, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 10, 2023 
Mr. GOOD of Virginia (for himself, Ms. MACE, Mrs. MILLER of Illinois, and 
Mr. MOORE of Alabama) introduced the following bill; which was referred 
to the Committee on the Budget, and in addition to the Committees on 
Rules, the Judiciary, Oversight and Accountability, and Small Business, 
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 amend the Congressional Budget Act of 1974 to establish 
a Federal regulatory budget and to impose cost controls 
on that budget, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Article I Regulatory 
Budget Act’’. 
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SEC. 2. PRESIDENT’S ANNUAL BUDGET SUBMISSIONS. 
Section 1105(a) of title 31, United States Code, is 
amended by adding at the end the following: 
‘‘(40)(A) for the first fiscal year that begins at 
least 120 days after the date of enactment of this 
paragraph, and every fiscal year thereafter until the 
fifth fiscal year that begins after the date of enact-
ment of this paragraph, a projection of the Federal 
regulatory cost of any proposed Federal regulation, 
rule, or statement (as such terms are defined in sec-
tion 321 of the Congressional Budget Act of 1974) 
for the fiscal year and at least each of the 4 ensuing 
fiscal years, which shall include— 
‘‘(i) the projection of the Federal regu-
latory cost by agency and program; and 
‘‘(ii) any changes in a Federal regulation, 
rule, or statement in the Unified Agenda of 
Federal Regulatory and Deregulatory Actions, 
compiled by the Regulatory Information Service 
Center of the General Services Administration; 
and 
‘‘(B) for the fifth fiscal year that begins after 
the date of enactment of this paragraph, and every 
fiscal year thereafter, a regulatory authority budget 
analysis of the Federal regulatory cost of complying 
with all current and proposed Federal regulations, 
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rules, and statements and proposals (as such terms 
are defined in section 321 of the Congressional 
Budget Act of 1974) for complying with section 322 
of the Congressional Budget Act of 1974 for the fis-
cal year for which the budget is submitted and the 
4 fiscal years after that year, which shall include a 
regulatory authority budget analysis of the Federal 
regulatory cost by agency and program.’’. 
SEC. 3. ESTIMATION AND DISCLOSURE OF COSTS OF FED-
ERAL REGULATION. 
(a) COSTS TO PRIVATE SECTOR OF NEW FEDERAL 
REGULATIONS.—Chapter 6 of title 5, United States Code, 
popularly known as the ‘‘Regulatory Flexibility Act’’, is 
amended— 
(1) in section 603— 
(A) in subsection (a), in the second sen-
tence, by inserting before the period the fol-
lowing: ‘‘and shall discuss in detail whether the 
cost to businesses of complying with the pro-
posed rule will vary depending on the size of the 
business and, if so, to what extent the cost will 
vary and what factors contribute to the vari-
ation’’; 
(B) in subsection (c)— 
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(i) by redesignating paragraphs (1), 
(2), (3), and (4) as subparagraphs (A), 
(B), (C), and (D), respectively, and adjust-
ing the margin accordingly; 
(ii) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(iii) by striking ‘‘Consistent with the’’ 
and inserting the following: 
‘‘(2) The analysis of significant alternatives to the 
proposed rule shall include a detailed analysis of the costs 
and benefits of the proposed rule and each alternative, 
which shall separately address the costs and benefits for 
each industry. 
‘‘(3) Consistent with the’’; and 
(C) by adding at the end the following: 
‘‘(e) Each initial regulatory flexibility analysis shall 
also contain a description of the nature and amount of 
monetary costs that will be incurred by small entities, 
other businesses, and individuals in complying with the 
proposed rule.’’; 
(2) in section 604(a)— 
(A) in the first paragraph designated as 
paragraph (6) (relating to minimization of sig-
nificant economic impacts), by striking ‘‘and’’ 
at the end; 
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(B) by redesignating the second paragraph 
(6) (relating to covered agencies), as paragraph 
(8); and 
(C) by inserting after paragraph (6) the 
following: 
‘‘(7) a statement of the nature and amount of 
monetary costs that will be incurred by small enti-
ties, other businesses, and individuals in complying 
with the rule; and’’; and 
(3) in section 607, by inserting before the pe-
riod the following: ‘‘, except that estimates of mone-
tary costs under sections 603(d) and 604(a)(7) shall 
only be in the form of a numerical description’’. 
(b) AGENCY REPORTS.—Each agency that prepares 
an initial regulatory flexibility analysis under chapter 6 
of title 5, United States Code, shall, at the same time sub-
mit to each House of Congress, the Congressional Budget 
Office, and the Office of Management and Budget a cost 
estimate and cost benefit analysis of any new proposed 
regulations, rules, or statements that would have a Fed-
eral regulatory cost (as defined in section 321 of the Con-
gressional Budget Act of 1974, as added by this Act) of 
at least $100,000,000 for any fiscal year. 
SEC. 4. GUIDANCE DOCUMENTS. 
(a) DEFINITIONS.—In this section— 
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(1) the terms ‘‘agency’’ and ‘‘rule’’ have the 
meanings given such terms in section 551 of title 5, 
United States Code; 
(2) the term ‘‘guidance document’’ means an 
agency statement of general applicability and future 
effect, other than a rule, that sets forth a policy on 
a statutory, regulatory, or technical issue or an in-
terpretation of a statutory or regulatory issue; and 
(3) the term ‘‘significant guidance document’’— 
(A) means a guidance document that the 
Office of Management and Budget determines 
will be disseminated to regulated entities or the 
general public and may reasonably be antici-
pated to— 
(i) lead to an annual effect of not less 
than $100,000,000 on, or adversely affect 
in a material way, the economy, a sector of 
the economy, productivity, competition, 
jobs, the environment, public health or 
safety, or State, local, or tribal govern-
ments or communities; 
(ii) create a serious inconsistency or 
otherwise interfere with an action taken or 
planned by an agency other than the agen-
cy issuing the guidance document; 
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(iii) materially alter the budgetary im-
pact of entitlements, grants, user fees, or 
loan programs or the rights or obligations 
of recipients thereof; or 
(iv) raise novel legal or policy issues 
arising out of legal mandates, the priorities 
of the President, or the principles set forth 
in Executive Order 12866 (5 U.S.C. 601 
note; relating to regulatory planning and 
review); and 
(B) does not include a guidance document 
that the Office of Management and Budget de-
termines— 
(i) relates to regulations issued in ac-
cordance with the formal rulemaking provi-
sions of sections 556 and 557 of title 5, 
United States Code; 
(ii) pertains to a military or foreign 
affairs function of the United States, other 
than procurement regulations and regula-
tions involving the import or export of non-
defense articles and services; 
(iii) relates to regulations that are 
limited to agency organization, manage-
ment, or personnel matters; or 
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(iv) is within a category of guidance 
documents exempted by the Administrator 
of the Office of Information and Regu-
latory Affairs. 
(b) LIMITATION
ON GUIDANCE DOCUMENTS.—An 
agency may not issue a significant guidance document un-
less the agency issues the significant guidance document 
after notice and an opportunity for comment in accord-
ance with the requirements for the promulgation of a rule 
under chapter 5 of title 5, United States Code. 
(c) PRIVATE RIGHT OF ACTION.—Any person ag-
grieved of an action taken or failed to be taken under a 
guidance document that was not issued in accordance with 
subsection (b) may bring a civil action in an appropriate 
district court of the United States alleging that the guid-
ance document should have been treated as a significant 
guidance document. 
SEC. 5. AMENDMENTS TO THE CONGRESSIONAL BUDGET 
ACT OF 1974. 
(a) FEDERAL REGULATORY BUDGET COST CONTROL 
SYSTEM.—Title III of the Congressional Budget Act of 
1974 is amended— 
(1) by inserting before section 300 the fol-
lowing: 
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‘‘PART A—GENERAL PROVISIONS’’; 
and 
(2) by adding at the end the following: 
‘‘PART B—FEDERAL REGULATORY BUDGET COST 
CONTROL 
‘‘SEC. 321. DEFINITIONS. 
‘‘In this part— 
‘‘(1) the term ‘CBO’ means the Congressional 
Budget Office; 
‘‘(2) the term ‘direct cost of Federal regulation’ 
means all costs incurred by, and expenditures re-
quired of, the Federal Government in issuing and 
enforcing Federal regulations, rules, and statements 
and Federal statutes; 
‘‘(3) the term ‘Federal regulation, rule, or 
statement’— 
‘‘(A) includes any guidance document 
issued after notice and an opportunity for com-
ment in accordance with the requirements for 
the promulgation of a rule under chapter 5 of 
title 5, United States Code; and 
‘‘(B) does not include— 
‘‘(i) a Federal regulation, rule, or 
statement applying to— 
‘‘(I) the military; or 
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‘‘(II) agency organization, man-
agement, or personnel; or 
‘‘(ii) a Federal regulation, rule, or 
statement designated by the President as 
being— 
‘‘(I) necessary because of an im-
minent threat to health or safety or 
other emergency; 
‘‘(II) necessary for the enforce-
ment of criminal laws; or 
‘‘(III) necessary for national se-
curity; 
‘‘(4) the term ‘Federal regulatory cost’— 
‘‘(A) means all costs incurred by, and ex-
penditures required of, the private sector, 
States, or local governments in complying with 
any Federal regulation, rule, or statement or 
any Federal statute; and 
‘‘(B) does not include the value of any ben-
efit under the Federal regulation, rule, or state-
ment or the Federal statute; 
‘‘(5) the term ‘gross domestic product’ means 
the gross domestic product of the United States dur-
ing a fiscal year, consistent with Department of 
Commerce definitions; 
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‘‘(6) the term ‘OMB’ means the Office of Man-
agement and Budget; and 
‘‘(7) the term ‘regulatory baseline’ means the 
projection described in section 326(a) of the Federal 
regulatory cost for the fiscal year after the date of 
the projection and the outyears. 
‘‘SEC. 322. ESTABLISHMENT OF LEVEL AND ALLOCATIONS. 
‘‘(a) ESTABLISHMENT OF LEVEL.— 
‘‘(1) IN GENERAL.—In addition to the require-
ments under section 301, a concurrent resolution on 
the budget for a fiscal year shall set forth the appro-
priate level for the Federal regulatory cost for the 
fiscal year and for at least each of the 4 ensuing fis-
cal years. 
‘‘(2) TRANSITION PERIOD.— 
‘‘(A) IN
GENERAL.—For the first fiscal 
year that begins at least 120 days after the 
date of enactment of this section, and each fis-
cal year thereafter until the fiscal year de-
scribed in section 326(a), the Committee on the 
Budget of the Senate and the Committee on the 
Budget of the House of Representatives shall 
include in the concurrent resolution on the 
budget for the fiscal year as the appropriate 
level for the Federal regulatory cost for the fis-
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