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 Com-
mittee 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). 
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 ‘‘2 for 1 Act’’. 
SEC. 2. REQUIREMENT TO IDENTIFY 2 RULES TO BE RE-
PEALED WHEN PROPOSING OR PROMUL-
GATING A NEW RULE. 
(a) IDENTIFICATION OF 2 RULES TO BE REPEALED 
REQUIRED.—The head of an agency shall identify at least 
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2 of the rules of the agency to be repealed when the agency 
publicly proposes for notice and comment or otherwise 
promulgates a new rule. 
(b) INCREMENTAL COST OF NEW RULES.—With re-
spect to each fiscal year, the total incremental cost of all 
new rules, including any repealed rule, to be finalized in 
that fiscal year may not be greater than zero, unless a 
rule is required by law or consistent with advice provided 
in writing by the Director. 
(c) INCREMENTAL COST OFFSET.—Any new incre-
mental cost associated with a new rule issued on or after 
the date of the enactment of this Act shall be offset by 
the elimination of costs associated with at least two other 
rules identified to be repealed pursuant to subsection (a). 
(d) AGENCY GUIDANCE BY DIRECTOR.—Not later 
than 90 days after the date of the enactment of this Act, 
and periodically thereafter as the Director determines to 
be necessary, the Director shall provide the head of each 
agency with guidance on the implementation of this sec-
tion that includes the following: 
(1) Processes for standardizing the measure-
ment and estimation of the regulatory cost of the 
rule on private entities. 
(2) Standards for determining what qualifies as 
a new and offsetting rule. 
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(3) Standards for determining the cost of a rule 
that may be eliminated. 
(4) Processes for accounting for costs in dif-
ferent fiscal years. 
(5) Methods to oversee the issuance of new 
rules with costs offset by savings at different times 
or different agencies. 
(6) Emergencies and other circumstances that 
might justify individual waivers of the requirements 
of this section. 
(e) ANNUAL REGULATORY COST SUBMISSIONS TO 
OMB.— 
(1) AGENCY IDENTIFICATION OF INCREMENTAL 
AND
OFFSETTING
COSTS
FOR
RULES.—Beginning 
with the regulatory plans required under Executive 
Order 12866 (58 Fed. Reg. 51735; relating to regu-
latory planning and review) for the fiscal year of the 
date of the enactment of this Act, and for each fiscal 
year thereafter, the head of each agency shall iden-
tify, for each rule that increases incremental cost, 
the offsetting rules described in subsection (c), and 
provide the best approximation of the total costs or 
savings associated with each new rule or repealed 
rule. 
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(2) PROHIBITION ON ISSUANCE OF RULE NOT 
INCLUDED
IN
THE
UNIFIED
REGULATORY
AGEN-
DA.—The head of an agency may not issue a rule 
if the rule was not included on the most recent 
version or update of the published Unified Regu-
latory Agenda as required under Executive Order 
12866, unless the issuance of the rule was approved 
in advance in writing by the Director. 
(3) OMB IDENTIFICATION
OF
INCREMENTAL 
COSTS FOR RULES.—Not later than the first Monday 
in February of each year, the Director shall identify 
a total amount of incremental cost for each agency 
that will be allowed for the agency to issue and re-
peal rules for the next fiscal year. 
(4) ISSUANCE OF AGENCY RULES REQUIRED TO 
BE
WITHIN
TOTAL
INCREMENTAL
COST
ALLOW-
ANCE.—The head of an agency may not issue a rule 
that exceeds the total incremental cost allowance for 
the agency identified by the Director under para-
graph (3), unless the rule is required by law or ap-
proved in writing by the Director. The total incre-
mental cost allowance may allow an increase or re-
quire a reduction in the total regulatory cost of the 
rule on private entities. 
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(5) OMB GUIDANCE.—Not later than 90 days 
after the date of the enactment of this Act, the Di-
rector shall provide to the head of each agency guid-
ance on the implementation of the requirements in 
this subsection. 
(f) DEFINITIONS.—In this section: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term in section 551 of title 5, 
United States Code. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Management and Budg-
et. 
(3) RULE.—The term ‘‘rule’’ means an agency 
statement of general or particular applicability and 
future effect designed to implement, interpret, or 
prescribe law or policy or to describe the procedure 
or practice requirements of an agency, but does not 
include any of the following: 
(A) A rule issued with respect to a mili-
tary, national security, or foreign affairs func-
tion of the United States. 
(B) A rule related to agency organization, 
management, or personnel. 
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(C) Any other category of rules exempted 
by the Director. 
Æ 
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