I 
113TH CONGRESS 
2D SESSION 
H. R. 5184 
To establish a National Regulatory Budget, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2014 
Mr. SCALISE (for himself and Mr. COLLINS of Georgia) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform, and in addition to the Committees on the Judiciary, 
Ways and Means, Rules, and Appropriations, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To establish a National Regulatory 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 ‘‘National Regulatory 
Budget Act of 2014’’. 
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SEC. 2. ESTABLISHMENT OF THE OFFICE OF REGULATORY 
ANALYSIS. 
(a) IN GENERAL.—Part I of title 5, United States 
Code, is amended by inserting after chapter 6 the fol-
lowing: 
‘‘CHAPTER 6A—NATIONAL REGULATORY 
BUDGET 
AND 
OFFICE 
OF 
REGU-
LATORY ANALYSIS 
‘‘Sec. 
‘‘651. Definitions. 
‘‘652. Office of Regulatory Analysis; establishment; powers. 
‘‘653. Functions of Office of Regulatory Analysis; Executive branch agency com-
pliance. 
‘‘654. Public disclosure of estimate methodology and data; privacy. 
‘‘655. National Regulatory Budget; timeline. 
‘‘656. Executive branch agency cooperation mandatory; information sharing. 
‘‘657. Enforcement. 
‘‘658. Regulatory Analysis Advisory Board. 
‘‘§ 651. Definitions 
‘‘In this chapter: 
‘‘(1) AGGREGATE COSTS.—The term ‘aggregate 
costs’, with respect to a covered Federal rule, means 
the sum of— 
‘‘(A) the direct costs of the covered Fed-
eral rule; and 
‘‘(B) the regulatory costs of the covered 
Federal rule. 
‘‘(2) COVERED
FEDERAL
RULE.—The term 
‘covered Federal rule’ means— 
‘‘(A) a rule (as defined in section 551); 
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‘‘(B) an information collection requirement 
given a control number by the Office of Man-
agement and Budget; or 
‘‘(C) guidance or a directive that— 
‘‘(i) is not described in subparagraph 
(A) or (B); 
‘‘(ii)(I) is mandatory in its application 
to regulated entities; or 
‘‘(II) represents a statement of agency 
position that regulated entities would rea-
sonably construe as reflecting the enforce-
ment or litigation position of the agency; 
and 
‘‘(iii) 
imposes 
not 
less 
than 
$25,000,000 in annual costs on regulated 
entities. 
‘‘(3) DIRECT COSTS.—The term ‘direct costs’ 
means— 
‘‘(A) expenditures made by an Executive 
branch agency that relate to the promulgation, 
administration, or enforcement of a covered 
Federal rule; or 
‘‘(B) costs incurred by an Executive 
branch agency, a Government corporation, the 
United States Postal Service, or any other in-
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strumentality of the Federal Government be-
cause of a covered Federal rule. 
‘‘(4) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Regulatory Analysis es-
tablished under section 652(b). 
‘‘(5) EXECUTIVE BRANCH AGENCY.—The term 
‘Executive branch agency’ means— 
‘‘(A) an Executive department (as defined 
in section 101); and 
‘‘(B) an independent establishment (as de-
fined in section 104). 
‘‘(6) REGULATED
ENTITY.—The term ‘regu-
lated entity’ means— 
‘‘(A) a for-profit private sector entity (in-
cluding an individual who is in business as a 
sole proprietor); 
‘‘(B) a not-for-profit private sector entity; 
or 
‘‘(C) a State or local government. 
‘‘(7) REGULATORY
COSTS.—The term ‘regu-
latory costs’ means all costs incurred by a regulated 
entity because of covered Federal rules. 
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‘‘§ 652. Office of Regulatory Analysis; establishment; 
powers 
‘‘(a) ESTABLISHMENT.—There is established in the 
executive branch an independent establishment to be 
known as the ‘Office of Regulatory Analysis’. 
‘‘(b) DIRECTOR.— 
‘‘(1) ESTABLISHMENT
OF
POSITION.—There 
shall be at the head of the Office of Regulatory 
Analysis a Director, who shall be appointed by the 
President, by and with the advice and consent of the 
Senate. 
‘‘(2) TERM.— 
‘‘(A) IN GENERAL.—The term of office of 
the Director shall— 
‘‘(i) be 4 years; and 
‘‘(ii) expire on the last day of Feb-
ruary following each Presidential election. 
‘‘(B) APPOINTMENTS
PRIOR
TO
EXPIRA-
TION OF TERM.—Subject to subparagraph (C), 
an individual appointed as Director to fill a va-
cancy prior to the expiration of a term shall 
serve only for the unexpired portion of the 
term. 
‘‘(C) SERVICE
UNTIL
APPOINTMENT
OF 
SUCCESSOR.—An individual serving as Director 
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at the expiration of a term may continue to 
serve until a successor is appointed. 
‘‘(3) POWERS.— 
‘‘(A) APPOINTMENT
OF
DEPUTY
DIREC-
TORS, OFFICERS, AND EMPLOYEES.— 
‘‘(i) IN GENERAL.—The Director may 
appoint Deputy Directors, officers, and 
employees, including attorneys, in accord-
ance with chapter 51 and subchapter III of 
chapter 53. 
‘‘(ii) TERM OF DEPUTY DIRECTORS.— 
A Deputy Director shall serve until the ex-
piration of the term of office of the Direc-
tor who appointed the Deputy Director 
(and until a successor to that Director is 
appointed), unless sooner removed by the 
Director. 
‘‘(B) CONTRACTING.— 
‘‘(i) IN GENERAL.—The Director may 
contract for financial and administrative 
services (including those related to budget 
and accounting, financial reporting, per-
sonnel, and procurement) with the General 
Services Administration, or such other 
Federal agency as the Director determines 
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appropriate, for which payment shall be 
made in advance, or by reimbursement, 
from funds of the Office of Regulatory 
Analysis in such amounts as may be 
agreed upon by the Director and the head 
of the Federal agency providing the serv-
ices. 
‘‘(ii) SUBJECT TO APPROPRIATIONS.— 
Contract authority under clause (i) shall be 
effective for any fiscal year only to the ex-
tent that appropriations are available for 
that purpose. 
‘‘§ 653. Functions of Office of Regulatory Analysis; Ex-
ecutive branch agency compliance 
‘‘(a) ANNUAL REPORT REQUIRED.— 
‘‘(1) IN GENERAL.—Not later than January 30 
of each year, the Director shall submit to the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate, the Committee on Small Busi-
ness and Entrepreneurship of the Senate, the Com-
mittee on Oversight and Government Reform of the 
House of Representatives, and the Committee on 
Small Business of the House of Representatives a 
report on national regulatory costs (referred to in 
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this section as the ‘Report’) that includes the infor-
mation specified under paragraph (2). 
‘‘(2) CONTENTS.—Each Report shall include 
the following: 
‘‘(A) An estimate, for the fiscal year dur-
ing which the Report is submitted and for the 
preceding fiscal year, of each of the following: 
‘‘(i) The regulatory costs imposed by 
each Executive branch agency on regulated 
entities. 
‘‘(ii) The aggregate costs imposed by 
each Executive branch agency. 
‘‘(iii) The aggregate costs imposed by 
all Executive branch agencies combined. 
‘‘(iv) The direct costs incurred by the 
Federal Government because of covered 
Federal rules issued by each Executive 
branch agency. 
‘‘(v) The sum of the costs described in 
clauses (iii) and (iv). 
‘‘(vi) The regulatory costs imposed by 
each Executive branch agency on small 
businesses, small organizations, and small 
governmental jurisdictions (as those terms 
are defined in section 601). 
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‘‘(vii) The sum of the costs described 
in clause (vi). 
‘‘(B) An analysis of any major changes in 
estimation methodology used by the Office of 
Regulatory Analysis since the previous annual 
report. 
‘‘(C) An analysis of any major estimate 
changes caused by improved or inadequate data 
since the previous annual report. 
‘‘(D) Recommendations, both general and 
specific, regarding the following: 
‘‘(i) How regulations may be stream-
lined, simplified, and modernized. 
‘‘(ii) Regulations that should be re-
pealed. 
‘‘(iii) How the Federal Government 
may reduce the costs of regulations with-
out diminishing the effectiveness of regula-
tions. 
‘‘(E) Any other information that the Direc-
tor determines may be of assistance to Congress 
in determining the National Regulatory Budget 
required under section 655. 
‘‘(b) REGULATORY ANALYSIS OF NEW RULES.— 
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‘‘(1) REQUIREMENT.—The Director shall pub-
lish in the Federal Register and on the website of 
the Office of Regulatory Analysis a regulatory anal-
ysis of each proposed covered Federal rule issued by 
an Executive branch agency, and each proposed 
withdrawal or modification of a covered Federal rule 
by an Executive branch agency, that— 
‘‘(A) imposes costs on a regulated entity; 
or 
‘‘(B) reduces costs imposed on a regulated 
entity. 
‘‘(2) CONTENTS.—Each regulatory analysis 
published under paragraph (1) shall include— 
‘‘(A) an estimate of the change in regu-
latory cost of each proposed covered Federal 
rule (or proposed withdrawal or modification of 
a covered Federal rule); and 
‘‘(B) 
any 
other 
information 
or 
rec-
ommendation that the Director may choose to 
provide. 
‘‘(3) TIMING OF REGULATORY ANALYSIS.— 
‘‘(A) INITIAL
REGULATORY
ANALYSIS.— 
Not later than 60 days after the date on which 
the Director receives a copy of a proposed cov-
ered Federal rule from the head of an Execu-
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