I 
117TH CONGRESS 
1ST SESSION 
H. R. 968 
To provide for a method by which the economic costs of significant regulatory 
actions may be offset by the repeal of other regulatory actions, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2021 
Mr. BUDD (for himself, Mr. GAETZ, Mr. DESJARLAIS, Mr. PERRY, and Mr. 
HICE of Georgia) introduced the following bill; which was referred to the 
Committee on Oversight and Reform 
A BILL 
To provide for a method by which the economic costs of 
significant regulatory actions may be offset by the repeal 
of other regulatory actions, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Lessening Regulatory Costs and Establishing a Federal 
Regulatory Budget Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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Sec. 2. Sense of Congress; purpose. 
Sec. 3. Establishing regulatory reform capacity. 
Sec. 4. Accountability. 
Sec. 5. Regulatory planning and budget. 
Sec. 6. Waiver. 
Sec. 7. Definitions. 
SEC. 2. SENSE OF CONGRESS; PURPOSE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Federal Government should be prudent and 
financially responsible in the expenditure of funds, from 
both public and private sources. In addition to the man-
agement of the direct expenditure of taxpayer dollars 
through the budgeting process, it is essential to manage 
the costs associated with the governmental imposition of 
private expenditures required to comply with Federal reg-
ulations. 
(b) PURPOSE.—The purpose of this Act is— 
(1) to remove unnecessary or outdated regula-
tions when a new significant regulation is issued; 
and 
(2) to prudently manage and control the cost of 
planned regulations through an annual budgeting 
process. 
SEC. 3. ESTABLISHING REGULATORY REFORM CAPACITY. 
(a) REGULATORY REFORM OFFICERS.— 
(1) IN
GENERAL.—Except as provided for 
under section 6, not later than 60 days after the 
date of the enactment of this Act, the head of each 
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agency shall designate an employee or officer of the 
agency as the Regulatory Reform Officer (in this 
Act referred to as the ‘‘agency RRO’’). 
(2) DUTIES.—In accordance with applicable law 
and in consultation with relevant senior agency offi-
cials, each agency RRO shall oversee— 
(A) the implementation of regulatory re-
form initiatives and policies for the agency to 
ensure that the agency effectively carries out 
regulatory reforms; and 
(B) the termination of programs and ac-
tivities that derive from or implement statutes, 
Executive orders, guidance documents, policy 
memoranda, rule interpretations, and similar 
documents, or relevant portions thereof, that 
have been repealed or rescinded. 
(b) REGULATORY REFORM TASK FORCES.— 
(1) ESTABLISHMENT OF AGENCY TASK FORCE; 
MEMBERSHIP.—Except as provided under section 6, 
not later than 60 days after the date of the enact-
ment of this Act, the head of each agency shall ap-
point and may remove members to the regulatory re-
form task force (in this section referred to as the 
‘‘Task Force’’) of the agency, which shall be com-
posed of the following members: 
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(A) The agency RRO. 
(B) A senior agency official from each rel-
evant component or office of the agency with 
significant authority for issuing or repealing 
regulatory actions. 
(C) Additional senior agency officials in-
volved in the development of rulemaking or 
other regulatory action at the agency, as deter-
mined by the head of the agency. 
(2) CHAIR.—Unless otherwise designated by the 
head of the agency, the agency RRO shall chair the 
Task Force of the agency. 
(3) JOINT
TASK
FORCES.—For the consider-
ation of a joint rulemaking, the Director may form 
a joint regulatory reform task force composed of at 
least one member from the Task Force of each rel-
evant agency. Any joint regulatory reform task force 
formed under this paragraph shall consult with each 
relevant Task Force. 
(4) DUTIES.—Each Task Force shall conduct 
ongoing evaluations of regulations and other regu-
latory actions and make recommendations that are 
consistent with and that could be implemented in ac-
cordance with applicable law to the head of the 
agency regarding repeal, replacement, or modifica-
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tion of regulations and regulatory actions. To the ex-
tent practicable, each Task Force shall— 
(A) not later than 5 years after the date 
of the enactment of this Act, complete a review 
of each regulation issued by the agency; 
(B) for each regulation or regulatory ac-
tion reviewed and identified for repeal, replace-
ment, or modification, estimate the cost savings 
of such repeal, replacement, or modification, as 
applicable; and 
(C) identify regulations that are appro-
priate for repeal, replacement, or modification, 
and prioritize the evaluation of regulations 
that— 
(i) eliminate or have eliminated jobs 
or inhibit or have inhibited job creation; 
(ii) are outdated, unnecessary, or inef-
fective; 
(iii) impose costs that exceed benefits; 
(iv) create a serious inconsistency or 
otherwise interfere with regulatory reform 
initiatives and policies; 
(v) were issued or are maintained in a 
manner that is inconsistent with the re-
quirements of section 515 of the Treasury 
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and General Government Appropriations 
Act, 2001 (Public Law 106–554; 44 
U.S.C. 3516 note), or the guidance issued 
pursuant to that section, including any 
rule that relies in whole or in part on data, 
information, or methods that are not pub-
licly available or that are insufficiently 
transparent to meet the standard for re-
producibility; or 
(vi) were made pursuant to or to im-
plement statutes, Executive orders, or 
other Presidential directives that have been 
subsequently rescinded or substantially 
modified. 
(c) CONSULTATION WITH STAKEHOLDERS.—In per-
forming the tasks under this section, each agency RRO 
and Task Force shall seek input and other assistance from 
the public and from entities significantly affected by regu-
lations, including State, local, and Tribal governments, 
small businesses, consumers, non-governmental organiza-
tions, and trade associations. Each agency RRO and Task 
Force may— 
(1) incorporate specific suggestions from stake-
holders in identifying the list of deregulatory actions 
to recommend to the head of the agency; and 
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(2) accept or solicit input from the public in 
any manner, if— 
(A) the process is transparent to the public 
and Congress; 
(B) a list of each meeting, a list of each 
stakeholder that submitted a comment, and a 
copy of each written comment are made publicly 
available online; and 
(C) the Task Force issues a public notice 
of any public meeting to solicit input not less 
than 7 days before the public meeting and 
makes detailed minutes of the meeting available 
online not less than 7 days after the date of the 
meeting. 
(d) TRANSPARENT REGULATORY REFORM.— 
(1) WEBSITE.—To the extent practicable, the 
head of each agency shall publish information about 
the Task Force of the agency and other regulatory 
reform initiatives on the website of the agency— 
(A) which shall include— 
(i) a list of the members of the Task 
Force of the agency; 
(ii) a copy of each report issued under 
this subsection; and 
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(iii) a link to or copy of each notice of 
a meeting or solicitation of public com-
ments issued by the Task Force of the 
agency; and 
(B) which may include— 
(i) an online forum to receive com-
ments from the public; and 
(ii) any other information about the 
Task Force or other regulatory reform ini-
tiatives at the agency. 
(2) REPORT.—Not less than twice a year, each 
agency RRO shall submit to the head of the agency 
a report on the activities performed under this sec-
tion and any recommendations resulting from such 
activities (which shall be posted by the head of the 
agency on a publicly accessible website), and shall 
include the following: 
(A) A description of any improvement 
made toward implementation of regulatory re-
form initiatives and policies. 
(B) For each regulation or other regu-
latory action reviewed by the Task Force, a de-
tailed description of the review. 
(C) An inventory of each regulation or reg-
ulatory action the Task Force recommends the 
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agency consider for repeal, replacement, or 
modification. 
(D) A list of all activities conducted under 
subsection (c), a summary of all comments re-
ceived, and a hyperlink to copies of each public 
comment received. 
SEC. 4. ACCOUNTABILITY. 
(a) INCORPORATION IN PERFORMANCE PLANS.— 
(1) IN GENERAL.—Each agency listed in section 
901(b)(1) of title 31, United States Code, shall in-
corporate in the annual performance plan of the 
agency (required under section 1115(b) of title 31, 
United States Code) performance indicators that 
measure progress implementing this Act. 
(2) OMB GUIDANCE.—The Director shall issue, 
and update as necessary, guidance regarding the im-
plementation of this subsection. 
(b) PERFORMANCE ASSESSMENT.—The head of each 
agency shall consider the progress implementing this Act 
in assessing the performance of the Task Force of the 
agency and those individuals responsible for developing 
and issuing agency rules. 
SEC. 5. REGULATORY PLANNING AND BUDGET. 
(a) UNIFIED AGENDA AND ANNUAL REGULATORY 
PLAN.— 
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(1) UNIFIED
REGULATORY
AGENDA.—During 
the months of April and October of each year, the 
Director shall publish a unified regulatory agenda, 
which shall include— 
(A) regulatory and deregulatory actions 
under development or review at agencies; 
(B) a Federal regulatory plan of all signifi-
cant regulatory actions and associated deregula-
tory actions that agencies reasonably expect to 
issue in proposed or final form in the current 
and following fiscal year; and 
(C) all information required to be included 
in the regulatory flexibility agenda under sec-
tion 602 of title 5, United States Code. 
(2) AGENCY SUBMISSIONS.—In accordance with 
guidance issued by the Director and not less than 60 
days before each date of publication for the unified 
regulatory agenda under paragraph (1), the head of 
each agency shall submit to the Director an agenda 
of all regulatory actions and deregulatory actions 
under development at the agency, including the fol-
lowing: 
(A) For each regulatory action and deregu-
latory action: 
(i) A regulation identifier number. 
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(ii) A brief summary of the action. 
(iii) The legal authority for the action. 
(iv) Any legal deadline for the action. 
(v) The name and contact information 
for a knowledgeable agency official. 
(vi) Any other information as required 
by the Director. 
(B) An annual regulatory plan, which shall 
include a list of each significant regulatory ac-
tion the agency reasonably expects to issue in 
proposed or final form in the current and fol-
lowing fiscal year, including for each significant 
regulatory action: 
(i) A summary, including the fol-
lowing: 
(I) A statement of the regulatory 
objectives. 
(II) The legal authority for the 
action. 
(III) A statement of the need for 
the action. 
(IV) The agency’s schedule for 
the action. 
(ii) The estimated cost. 
(iii) The estimated benefits. 
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(iv) Any deregulatory action identified 
to offset the estimated cost of such signifi-
cant regulatory action and an explanation 
of how the agency will continue to achieve 
regulatory objectives if the deregulatory ac-
tion is taken. 
(v) A best approximation of the total 
cost or savings and any cost or savings as-
sociated with a deregulatory action. 
(vi) An estimate of the economic ef-
fects, including any estimate of the net ef-
fect that such action will have on the num-
ber of jobs in the United States, that was 
considered in drafting the action, or, if 
such estimate is not available, a statement 
affirming that no information on the eco-
nomic effects, including the effect on the 
number of jobs, of the action has been con-
sidered. 
(C) Information required under section 
602 of title 5, United States Code. 
(D) Information required under any other 
law to be reported by agencies about significant 
regulatory actions, as determined by the Direc-
tor. 
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(b) FEDERAL REGULATORY BUDGET.— 
(1) ESTABLISHMENT.—In the April unified reg-
ulatory agenda described under subsection (a), the 
Director shall establish the annual Federal Regu-
latory Budget, which specifies the net amount of in-
cremental regulatory costs allowed by the Federal 
Government and at each agency for the next fiscal 
year. The Director may set the incremental regu-
latory cost allowance to allow an increase, prohibit 
an increase, or require a decrease of incremental 
regulatory costs. 
(2) DEFAULT NET INCREMENTAL REGULATORY 
COST.—If the Director does not set a net amount of 
incremental regulatory costs allowed for an agency, 
the net incremental regulatory cost allowed shall be 
zero. 
(3) BALANCE
ROLLOVER
OF
INCREMENTAL 
REGULATORY COST ALLOWANCE.—If an agency does 
not exhaust all of the incremental regulatory cost al-
lowance for a fiscal year, the balance may be added 
to the incremental regulatory cost allowance for the 
subsequent fiscal year, without increasing the incre-
mental regulatory costs allowed for the Federal Gov-
ernment for the subsequent fiscal year. The Director 
must identify the total carryover incremental regu-
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latory cost allowance available to an agency in the 
Federal Regulatory Budget. 
(c) SIGNIFICANT REGULATORY ACTION REQUIRE-
MENTS.—Except as otherwise required by law, a signifi-
cant regulatory action shall have no effect unless— 
(1) the— 
(A) head of the agency identifies not less 
than 2 deregulatory actions to offset the costs 
of such significant regulatory action, and to the 
extent feasible, issues such deregulatory actions 
before or on the same schedule as the signifi-
cant regulatory action; 
(B) incremental costs of such significant 
regulatory action as offset by any deregulatory 
action issued before or on the same schedule as 
the significant regulatory action do not cause 
the agency to exceed or contribute to the agen-
cy exceeding the incremental regulatory cost al-
lowance of the agency for that fiscal year; and 
(C) significant regulatory action was in-
cluded on the most recent version or update of 
the published unified regulatory agenda; or 
(2) the issuance of the significant regulatory ac-
tion was approved in advance in writing by the Di-
rector and the written approval is publicly available 
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online prior to the issuance of such significant regu-
latory action. 
(d) GUIDANCE BY OMB.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Director 
shall establish and issue guidance on how agencies 
should comply with the requirements of this section. 
Such guidance shall include the following: 
(A) A process for standardizing the meas-
urement and estimation of regulatory costs, in-
cluding cost savings associated with deregula-
tory actions. 
(B) Standards for determining what quali-
fies as a deregulatory action. 
(C) Standards for determining the costs of 
existing regulatory actions that are considered 
for repeal, replacement, or modification. 
(D) A process for accounting for costs in 
different fiscal years. 
(E) Methods to oversee the issuance of sig-
nificant regulatory actions offset by cost sav-
ings achieved at different times or by different 
agencies. 
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(F) Emergencies and other circumstances 
that may justify individual waivers of the re-
quirements of this section. 
(G) Standards by which the Director will 
determine whether a regulatory action or a col-
lection of regulatory actions qualifies as a sig-
nificant regulatory action. 
(2) UPDATES
TO
GUIDANCE.—The Director 
shall update the guidance issued pursuant to this 
section as necessary. 
SEC. 6. WAIVER. 
(a) WAIVER AUTHORITY.—Upon the written request 
of the head of an agency, the Director may issue a written 
waiver of the requirements of section 3 if the Director de-
termines that the agency generally issues very few or no 
rules. 
(b) REVOCATION OF WAIVER.—The Director may re-
voke at any time a waiver issued under this section. 
(c) PUBLIC AVAILABILITY OF WAIVERS.—The Direc-
tor shall maintain a publicly available list of each agency 
that is operating under a waiver issued under this section. 
(d) REQUIREMENT FOR WAIVER.—A waiver shall not 
be effective unless the written waiver and the written re-
quest of the agency are publicly available on the website 
of the Office of Management and Budget. 
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SEC. 7. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term in section 551 of title 5, 
United States Code. 
(2) COSTS.—The term ‘‘costs’’ means oppor-
tunity cost to society. 
(3) COST SAVINGS.—The term ‘‘cost savings’’ 
means the cost imposed by a regulatory action that 
is eliminated by the repeal, replacement, or modifica-
tion of such regulatory action. 
(4) DEREGULATORY ACTION.—The term ‘‘de-
regulatory action’’ means the repeal, replacement, or 
modification of an existing regulatory action. 
(5) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Management and Budg-
et. 
(6) INCREMENTAL
REGULATORY
COST.—The 
term ‘‘incremental regulatory cost’’ means the dif-
ference between the estimated cost of issuing a sig-
nificant regulatory action and the estimated cost 
saved by issuing any deregulatory action. 
(7) REGULATION; RULE.—The term ‘‘regula-
tion’’ or ‘‘rule’’ has the meaning given the term 
‘‘rule’’ in section 551 of title 5, United States Code. 
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(8) REGULATORY
ACTION.—The term ‘‘regu-
latory action’’ means— 
(A) any regulation; and 
(B) any other regulatory guidance, state-
ment of policy, information collection request, 
form, or reporting, recordkeeping, or disclosure 
requirements that imposes a burden on the pub-
lic or governs agency operations. 
(9) SIGNIFICANT
REGULATORY
ACTION.—The 
term ‘‘significant regulatory action’’ means any reg-
ulatory action, other than monetary policy proposed 
or implemented by the Board of Governors of the 
Federal Reserve System or the Federal Open Market 
Committee, that is likely to— 
(A) have an annual effect on the economy 
of $100,000,000 or more 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 governments or communities; 
(B) create a serious inconsistency or other-
wise interfere with an action taken or planned 
by another agency; 
(C) materially alter the budgetary impact 
of entitlements, grants, user fees, or loan pro-
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grams or the rights and obligations of recipi-
ents thereof; or 
(D) raise a novel legal or policy issue. 
(10) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, and 
each territory or possession of the United States. 
Æ 
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