I 
115TH CONGRESS 
1ST SESSION H. R. 4309 
To codify Executive Order 13771, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 8, 2017 
Mr. MESSER introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform, 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, 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 ‘‘Regulatory Relief Act 
of 2017’’. 
SEC. 2. PURPOSE. 
It is the policy of the executive branch to be prudent 
and financially responsible in the expenditure of funds, 
from both public and private sources. In addition to the 
management of the direct expenditure of taxpayer dollars 
VerDate Sep 11 2014 
19:54 Nov 13, 2017
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4309.IH
H4309
sradovich on DSK3GMQ082PROD with BILLS
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. Toward that end, it is important that for every 
one new regulation issued, at least two prior regulations 
be identified for elimination, and that the cost of planned 
regulations be prudently managed and controlled through 
a budgeting process. 
SEC. 3. REGULATORY CAP. 
(a) IN GENERAL.—Unless prohibited by law, when-
ever an agency publicly proposes for notice and comment 
or otherwise promulgates a new rule, it shall identify at 
least two existing rules to be repealed. 
(b) INCREMENTAL COST.—For each fiscal year, the 
head of each agency is directed that the total incremental 
cost of all new rules, including repealed rules, to be final-
ized that fiscal year shall be no greater than zero, unless 
otherwise required by law or consistent with advice pro-
vided in writing by the Director of the Office of Manage-
ment and Budget. 
(c) OFFSET OF NEW INCREMENTAL COSTS.—In fur-
therance of the requirement of subsection (a) of this sec-
tion, any new incremental costs associated with new rules 
shall, to the extent permitted by law, be offset by the elimi-
nation of existing costs associated with at least two prior 
VerDate Sep 11 2014 
19:54 Nov 13, 2017
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4309.IH
H4309
sradovich on DSK3GMQ082PROD with BILLS
rules. Any agency eliminating existing costs associated 
with prior rules under this subsection shall do so in ac-
cordance with subchapter II of chapter 5 of title 5, United 
States Code, and other applicable law. 
(d) GUIDANCE.—The Director shall provide the 
heads of agencies with guidance on the implementation of 
this section. Such guidance shall address, among other 
things, processes for standardizing the measurement and 
estimation of regulatory costs; standards for determining 
what qualifies as new and offsetting rules; standards for 
determining the costs of existing rules that are considered 
for elimination; processes for accounting for costs in dif-
ferent fiscal years; methods to oversee the issuance of 
rules with costs offset by savings at different times or dif-
ferent agencies; and emergencies and other circumstances 
that might justify individual waivers of the requirements 
of this section. The Director shall consider phasing in and 
updating these requirements. 
SEC. 4. ANNUAL REGULATORY COST SUBMISSIONS TO THE 
OFFICE OF MANAGEMENT AND BUDGET. 
(a) IN GENERAL.—Beginning with the Regulatory 
Plans (required under Executive Order 12866 of Sep-
tember 30, 1993, as amended, or any successor order) for 
fiscal year 2018, and for each fiscal year thereafter, the 
head of each agency shall identify, for each rule that in-
VerDate Sep 11 2014 
19:54 Nov 13, 2017
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4309.IH
H4309
sradovich on DSK3GMQ082PROD with BILLS
creases incremental cost, the offsetting rules described in 
section 2(c), and provide the agency’s best approximation 
of the total costs or savings associated with each new rule 
or repealed rule. 
(b) INCLUSION IN THE UNIFIED REGULATORY AGEN-
DA.—Each rule approved by the Director during the Pres-
idential budget process shall be included in the Unified 
Regulatory Agenda required under Executive Order 
12866, as amended, or any successor order. 
(c) LIMITATION ON ISSUANCE.—Unless otherwise re-
quired by law, no rule shall be issued by an agency if it 
was not included on the most recent version or update of 
the published Unified Regulatory Agenda as required 
under Executive Order 12866, as amended, or any suc-
cessor order, unless the issuance of such rule was ap-
proved in advance in writing by the Director. 
(d) TOTAL INCREMENTAL COST.—During the Presi-
dential budget process, the Director shall identify to agen-
cies a total amount of incremental costs that will be al-
lowed for each agency in issuing new rules and repealing 
rules for the next fiscal year. No rules exceeding the agen-
cy’s total incremental cost allowance will be permitted in 
that fiscal year, unless required by law or approved in 
writing by the Director. The total incremental cost allow-
VerDate Sep 11 2014 
19:54 Nov 13, 2017
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4309.IH
H4309
sradovich on DSK3GMQ082PROD with BILLS