Unfunded Mandates Information and Transparency Act of 2015

Bill: 114-hr-50
Sponsor: Rep. Foxx, Virginia [R-NC-5]
Introduced: 2015-01-06 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: 2015-01-06
text: 

Unfunded Mandates Information and Transparency Act of 2015

 
 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 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 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: 2015-02-02
text: 
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
 

Unfunded Mandates Information and Transparency Act of 2015

 
 (Sec. 2) 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. 
 
(Sec. 3) 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.
 
(Sec. 6) Amends UMRA to: (1) transfer certain responsibilities under such Act from the Director of the Office of Management and Budget 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.
 
(Sec. 11) 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.
 
(Sec. 12) 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 a report on such regulation. 
 
(Sec. 13) 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: 2015-02-04
text: 

Unfunded Mandates Information and Transparency Act of 2015

 
 (Sec. 2) 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, private property owners, and state, local, and tribal governments. 
 
(Sec. 3) 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.
 
(Sec. 6) Amends UMRA to: (1) transfer certain responsibilities under such Act from the Director of the Office of Management and Budget 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, including private property owners, 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.
 
(Sec. 11) 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.
 
(Sec. 12) 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 a report on such regulation. 
 
(Sec. 13) 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.
 
(Sec. 14) Limits the amount that the Director of the Consumer Financial Protection Bureau (CFPB) may request during FY2016 to carry out CFPB functions.


Legislative actions:
action_date: 2015-02-05
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2015-02-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2015-02-04
text: On passage Passed by recorded vote: 250 - 173 (Roll no. 64).
action_date: 2015-02-04
text: Passed/agreed to in House: On passage Passed by recorded vote: 250 - 173 (Roll no. 64).
action_date: 2015-02-04
text: On motion to recommit with instructions Failed by recorded vote: 184 - 239 (Roll no. 63).
action_date: 2015-02-04
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H787)
action_date: 2015-02-04
text: DEBATE - The House proceeded with 10 minutes of debate on the Bustos 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 add a new section titled Stopping Sexual Predators, Domestic Violence, and Rape.
action_date: 2015-02-04
text: Mrs. Bustos moved to recommit with instructions to the Committee on Oversight and Government. (consideration: CR H786-787; text: CR H786)
action_date: 2015-02-04
text: The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text of measure as amended in House: CR H779-781)
action_date: 2015-02-04
text: The previous question was ordered pursuant to the rule. (consideration: CR H786)
action_date: 2015-02-04
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 50.
action_date: 2015-02-04
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which had been debated earlier and on which further proceedings had been postponed.
action_date: 2015-02-04
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment, 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 votes and the Chair postponed further proceedings on the question of adoption until a time to be announced.
action_date: 2015-02-04
text: DEBATE - Pursuant to the provisions of H. Res. 78, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly Part C amendment no. 3.
action_date: 2015-02-04
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Cummings amendment, 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 votes and the Chair postponed further proceedings on the question of adoption until a time to be announced.
action_date: 2015-02-04
text: DEBATE - Pursuant to the provisions of H. Res. 78, the Committee of the Whole proceeded with 10 minutes of debate on the Cummings Part C amendment no. 2.
action_date: 2015-02-04
text: DEBATE - Pursuant to the provisions of H.Res. 78, the Committee of the Whole proceeded with 10 minutes of debate on the Reed Part C amendment no. 1.
action_date: 2015-02-04
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 50.
action_date: 2015-02-04
text: The Speaker designated the Honorable Mark E. Amodei to act as Chairman of the Committee.
action_date: 2015-02-04
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 78 and Rule XVIII.
action_date: 2015-02-04
text: For H.R. 527, the rule provides for one hour of debate; makes in order as original text the amendment in the nature of a substitute printed in Rules Committee Print 114-3; and makes specified additional amendments in order. For H.R. 50, the rule provides for one hour of debate; provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-4, modified by the amendment printed in Part B of the report shall be considered as adopted. Further specified amendments are in order.
action_date: 2015-02-04
text: Considered under the provisions of rule H. Res. 78. (consideration: CR H772-788)
action_date: 2015-02-04
text: Rule H. Res. 78 passed House.
action_date: 2015-02-03
text: Rules Committee Resolution H. Res. 78 Reported to House. For H.R. 527, the rule provides for one hour of debate; makes in order as original text the amendment in the nature of a substitute printed in Rules Committee Print 114-3; and makes specified additional amendments in order. For H.R. 50, the rule provides for one hour of debate; provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-4, modified by the amendment printed in Part B of the report shall be considered as adopted. Further specified amendments are in order.
action_date: 2015-02-02
text: Placed on the Union Calendar, Calendar No. 7.
action_date: 2015-02-02
text: Committee on the Judiciary discharged.
action_date: 2015-02-02
text: Committee on the Judiciary discharged.
action_date: 2015-02-02
text: Committee on Rules discharged.
action_date: 2015-02-02
text: Committee on Rules discharged.
action_date: 2015-02-02
text: Committee on the Budget discharged.
action_date: 2015-02-02
text: Committee on the Budget discharged.
action_date: 2015-02-02
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 114-11, Part I.
action_date: 2015-02-02
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 114-11, Part I.
action_date: 2015-01-27
text: Ordered to be Reported by the Yeas and Nays: 20 - 13.
action_date: 2015-01-27
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-01-22
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
action_date: 2015-01-08
text: Sponsor introductory remarks on measure. (CR H149-150)
action_date: 2015-01-06
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: 2015-01-06
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: 2015-01-06
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: 2015-01-06
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: 2015-01-06
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: 2015-01-06
text: Introduced in House
action_date: 2015-01-06
text: Introduced in House