Unfunded Mandates Information and Transparency Act of 2014

Bill: 113-hr-899
Sponsor: Rep. Foxx, Virginia [R-NC-5]
Introduced: 2013-02-28 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Congressional oversight
Executive agency funding and structure
Federal-Indian relations
Government information and archives
Government studies and investigations
Intergovernmental relations
Judicial review and appeals
Legislative rules and procedure
Office of Management and Budget (OMB)
State and local finance

Summary:
action_date: 2013-02-28
text: 
Unfunded Mandates Information and Transparency Act of 2013 - States as the purposes of this Act to: (1) improve the quality of the deliberations of Congress with respect to proposed federal mandates by providing Congress and the public with more complete information about the effects of such mandates and by ensuring that Congress acts on such mandates only after focused deliberation on their effects; and (2) enhance the ability of Congress and the public to identify federal mandates that may impose undue harm on consumers, workers, employers, small businesses, and state, local, and tribal governments. 
 
Amends the Congressional Budget Act of 1974 to: (1) require the Congressional Budget Office (CBO), at the request of the chairman or ranking member of a congressional committee, to conduct an assessment comparing the authorized level of funding in legislation to the prospective costs of carrying out any changes to a condition of federal assistance being imposed on state, local, or tribal governments participating in the federal assistance program; (2) modify the definition of &quot;direct costs&quot; to require CBO to consider, in accounting for the costs of federal mandates, forgone business profits, costs passed onto consumers and other entities, and behavioral changes; (3) eliminate the exemption of independent regulatory agencies (except the Board of Governors of the Federal Reserve System or the Federal Open Market Committee) from reporting requirements under the Unfunded Mandates Reform Act of 1995 (UMRA); and (4) make the raising of points of order in the consideration of congressional legislation applicable to legislation that would increase the direct cost of private sector mandates beyond limits established by UMRA.
 
Amends UMRA to: (1) transfer certain responsibilities under such Act from the Director of the Office of Management and Budget (OMB) to the Administrator of the Office of Information and Regulatory Affairs; (2) set forth detailed criteria to guide agencies in assessing the effects of federal regulatory actions on state, local, and tribal governments and the private sector; (3) revise requirements for agency statements accompanying significant regulatory actions to require an analysis of the annual effect of a proposed final rule on state, local, or tribal governments or the private sector and to require all statements and summaries under UMRA to be detailed; and (4) extend to the the private sector (including small business) the requirement for consultation with agencies in the development of regulatory proposals containing significant federal mandates and set forth detailed guidelines for such consultation.
 
Revises UMRA reporting requirements to require: (1) the Administrator of the Office of Information and Regulatory Affairs to provide guidance and oversight so that agency regulations are consistent with the principles and policies of UMRA and do not conflict with the policies or actions of another agency; and (2) agencies to include in their annual compliance statements an appendix detailing consultation activities with state, local, and tribal governments and the private sector.
 
Amends UMRA to require an agency, at the request of the chairman or ranking member of a standing or select House or Senate Committee, to conduct a retrospective analysis of an existing regulation promulgated by such agency and submit to the chairman of the relevant committee, Congress, and the Comptroller General (GAO) a report on such regulation. 
 
Expands judicial review under UMRA to include review of provisions of such Act relating to agency assessment of the effects of the regulatory process and agency selection of the least costly or least burdensome alternative to a regulatory mandate. Grants courts expanded powers to compel agencies to comply with UMRA reporting requirements.

action_date: 2014-02-14
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Unfunded Mandates Information and Transparency Act of 2013 - States as the purposes of this Act to: (1) improve the quality of the deliberations of Congress with respect to proposed federal mandates by providing Congress and the public with more complete information about the effects of such mandates and by ensuring that Congress acts on such mandates only after focused deliberation on their effects; and (2) enhance the ability of Congress and the public to identify federal mandates that may impose undue harm on consumers, workers, employers, small businesses, and state, local, and tribal governments. 
 
Amends the Congressional Budget Act of 1974 to: (1) require the Congressional Budget Office (CBO), at the request of the chairman or ranking member of a congressional committee, to conduct an assessment comparing the authorized level of funding in legislation to the prospective costs of carrying out any changes to a condition of federal assistance being imposed on state, local, or tribal governments participating in the federal assistance program; (2) modify the definition of &quot;direct costs&quot; to require CBO to consider, in accounting for the costs of federal mandates, forgone business profits, costs passed onto consumers and other entities, and behavioral changes; (3) eliminate the exemption of independent regulatory agencies (except the Board of Governors of the Federal Reserve System or the Federal Open Market Committee) from reporting requirements under the Unfunded Mandates Reform Act of 1995 (UMRA); and (4) make the raising of points of order in the consideration of congressional legislation applicable to legislation that would increase the direct cost of private sector mandates beyond limits established by UMRA.
 
Amends UMRA to: (1) transfer certain responsibilities under such Act from the Director of the Office of Management and Budget (OMB) to the Administrator of the Office of Information and Regulatory Affairs; (2) set forth detailed criteria to guide agencies in assessing the effects of federal regulatory actions on state, local, and tribal governments and the private sector; (3) revise requirements for agency statements accompanying significant regulatory actions to require an analysis of the annual effect of a proposed final rule on state, local, or tribal governments or the private sector and to require all statements and summaries under UMRA to be detailed; and (4) extend to the the private sector (including small business) the requirement for consultation with agencies in the development of regulatory proposals containing significant federal mandates and set forth detailed guidelines for such consultation.
 
Revises UMRA reporting requirements to require: (1) the Administrator of the Office of Information and Regulatory Affairs to provide guidance and oversight so that agency regulations are consistent with the principles and policies of UMRA and do not conflict with the policies or actions of another agency; and (2) agencies to include in their annual compliance statements an appendix detailing consultation activities with state, local, and tribal governments and the private sector.
 
Amends UMRA to require an agency, at the request of the chairman or ranking member of a standing or select House or Senate Committee, to conduct a retrospective analysis of an existing regulation promulgated by such agency and submit to the chairman of the relevant committee, Congress, and the Comptroller General (GAO) a report on such regulation. 
 
Expands judicial review under UMRA to include review of provisions of such Act relating to agency assessment of the effects of the regulatory process and agency selection of the least costly or least burdensome alternative to a regulatory mandate. Grants courts expanded powers to compel agencies to comply with UMRA reporting requirements.

action_date: 2014-02-28
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here, with an updated short title.)

 
Unfunded Mandates Information and Transparency Act of 2014 - States as the purposes of this Act to: (1) improve the quality of the deliberations of Congress with respect to proposed federal mandates by providing Congress and the public with more complete information about the effects of such mandates and by ensuring that Congress acts on such mandates only after focused deliberation on their effects; and (2) enhance the ability of Congress and the public to identify federal mandates that may impose undue harm on consumers, workers, employers, small businesses, and state, local, and tribal governments. 
 
Amends the Congressional Budget Act of 1974 to: (1) require the Congressional Budget Office (CBO), at the request of the chairman or ranking member of a congressional committee, to conduct an assessment comparing the authorized level of funding in legislation to the prospective costs of carrying out any changes to a condition of federal assistance being imposed on state, local, or tribal governments participating in the federal assistance program; (2) modify the definition of &quot;direct costs&quot; to require CBO to consider, in accounting for the costs of federal mandates, forgone business profits, costs passed onto consumers and other entities, and behavioral changes; (3) eliminate the exemption of independent regulatory agencies (except the Board of Governors of the Federal Reserve System or the Federal Open Market Committee) from reporting requirements under the Unfunded Mandates Reform Act of 1995 (UMRA); and (4) make the raising of points of order in the consideration of congressional legislation applicable to legislation that would increase the direct cost of private sector mandates beyond limits established by UMRA.
 
Amends UMRA to: (1) transfer certain responsibilities under such Act from the Director of the Office of Management and Budget (OMB) to the Administrator of the Office of Information and Regulatory Affairs; (2) set forth detailed criteria to guide agencies in assessing the effects of federal regulatory actions on state, local, and tribal governments and the private sector; (3) revise requirements for agency statements accompanying significant regulatory actions to require an analysis of the annual effect of a proposed final rule on state, local, or tribal governments or the private sector and to require all statements and summaries under UMRA to be detailed; and (4) extend to the the private sector (including small business) the requirement for consultation with agencies in the development of regulatory proposals containing significant federal mandates and set forth detailed guidelines for such consultation.
 
Revises UMRA reporting requirements to require: (1) the Administrator of the Office of Information and Regulatory Affairs to provide guidance and oversight so that agency regulations are consistent with the principles and policies of UMRA and do not conflict with the policies or actions of another agency; and (2) agencies to include in their annual compliance statements an appendix detailing consultation activities with state, local, and tribal governments and the private sector.
 
Amends UMRA to require an agency, at the request of the chairman or ranking member of a standing or select House or Senate Committee, to conduct a retrospective analysis of an existing regulation promulgated by such agency and submit to the chairman of the relevant committee, Congress, and the Comptroller General (GAO) a report on such regulation. 
 
Expands judicial review under UMRA to include review of provisions of such Act relating to agency assessment of the effects of the regulatory process and agency selection of the least costly or least burdensome alternative to a regulatory mandate. Grants courts expanded powers to compel agencies to comply with UMRA reporting requirements.


Legislative actions:
action_date: 2014-03-04
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2014-02-28
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2014-02-28
text: On passage Passed by recorded vote: 234 - 176 (Roll no. 90).
action_date: 2014-02-28
text: Passed/agreed to in House: On passage Passed by recorded vote: 234 - 176 (Roll no. 90).
action_date: 2014-02-28
text: On motion to recommit with instructions Failed by recorded vote: 192 - 218 (Roll no. 89).
action_date: 2014-02-28
text: DEBATE - The House proceeded with 10 minutes of debate on the Garcia motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to create an exception for any regulatory action that (1) provides hiring preferences and jobs for veterans; (2) protects patient safety in hospitals and nursing homes; (3) lowers the overall cost of health care, including out-of-pocket costs for consumers; or (4) protects communities from natural disasters and helps them rebuild in the event of a natural disaster.
action_date: 2014-02-28
text: Mr. Garcia moved to recommit with instructions to Oversight and Government. (consideration: CR H2083-2085; text: CR H2083)
action_date: 2014-02-28
text: The previous question was ordered pursuant to the rule. (consideration: CR H2083)
action_date: 2014-02-28
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 899.
action_date: 2014-02-28
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Jackson Lee demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
action_date: 2014-02-28
text: DEBATE - Pursuant to the provisions of H.Res. 492, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 3.
action_date: 2014-02-28
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Connolly demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
action_date: 2014-02-28
text: DEBATE - Pursuant to the provisions of H.Res. 492, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly amendment No. 2.
action_date: 2014-02-28
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Cummings amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Cummings demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
action_date: 2014-02-28
text: DEBATE - Pursuant to the provisions of H.Res. 492, the Committee of the Whole proceeded with 10 minutes of debate on the Cummings amendment No. 1.
action_date: 2014-02-28
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 899.
action_date: 2014-02-28
text: The Speaker designated the Honorable Randy Hultgren to act as Chairman of the Committee.
action_date: 2014-02-28
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 492 and Rule XVIII.
action_date: 2014-02-28
text: Rule provides for consideration of H.R. 899. The resolution provides for one hour of debate. The resolution makes in order only those amendments printed in the report. The resolution provides one motion to recommit with or without instructions.
action_date: 2014-02-28
text: Considered under the provisions of rule H. Res. 492. (consideration: CR H2069-2086; text of measure as reported in House: CR H2075-2076)
action_date: 2014-02-27
text: Rule H. Res. 492 passed House.
action_date: 2014-02-26
text: Rules Committee Resolution H. Res. 492 Reported to House. Rule provides for consideration of H.R. 899. The resolution provides for one hour of debate. The resolution makes in order only those amendments printed in the report. The resolution provides one motion to recommit with or without instructions.
action_date: 2014-02-14
text: Placed on the Union Calendar, Calendar No. 260.
action_date: 2014-02-14
text: Committee on Judiciary discharged.
action_date: 2014-02-14
text: Committee on Judiciary discharged.
action_date: 2014-02-14
text: Committee on Rules discharged.
action_date: 2014-02-14
text: Committee on Rules discharged.
action_date: 2014-02-14
text: Committee on Budget discharged.
action_date: 2014-02-14
text: Committee on Budget discharged.
action_date: 2014-02-14
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 113-352, Part I.
action_date: 2014-02-14
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 113-352, Part I.
action_date: 2013-07-24
text: Ordered to be Reported by the Yeas and Nays: 22 - 17.
action_date: 2013-07-24
text: Committee Consideration and Mark-up Session Held.
action_date: 2013-04-08
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
action_date: 2013-03-04
text: Sponsor introductory remarks on measure. (CR H819)
action_date: 2013-02-28
text: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Budget, Rules, and 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.
action_date: 2013-02-28
text: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Budget, Rules, and 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.
action_date: 2013-02-28
text: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Budget, Rules, and 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.
action_date: 2013-02-28
text: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Budget, Rules, and 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.
action_date: 2013-02-28
text: Introduced in House
action_date: 2013-02-28
text: Introduced in House