Unfunded Mandates Information and Transparency Act of 2018

Bill: 115-hr-50
Sponsor: Rep. Foxx, Virginia [R-NC-5]
Introduced: 2017-01-03 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: 2017-01-03
text: 

Unfunded Mandates Information and Transparency Act of 2017

 
 This bill 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, the Federal Open Market Committee, or the Consumer Financial Protection Bureau) 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.
 
The bill amends UMRA to: (1) transfer certain responsibilities under it from the Office of Management and Budget to the Office of Information and Regulatory Affairs (OIRA); (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 effects of a proposed final rule on state, local, or tribal governments, the private sector, and private property owners; and (4) extend to the the private sector the requirement for consultation with agencies in the development of regulatory proposals containing significant federal mandates.
 
UMRA reporting requirements are revised to require: (1) the OIRA 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.
 
The bill requires 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. 
 
Judicial review under UMRA is expanded 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. Courts are granted expanded powers to compel agencies to comply with UMRA reporting requirements.


Legislative actions:
action_date: 2018-12-19
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 738.
action_date: 2018-12-19
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-447.
action_date: 2018-12-19
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-447.
action_date: 2018-09-26
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
action_date: 2018-07-16
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2018-07-13
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2018-07-13
text: On passage Passed by recorded vote: 230 - 168 (Roll no. 328).
action_date: 2018-07-13
text: Passed/agreed to in House: On passage Passed by recorded vote: 230 - 168 (Roll no. 328).
action_date: 2018-07-13
text: On motion to recommit with instructions Failed by the Yeas and Nays: 180 - 219 (Roll no. 327).
action_date: 2018-07-13
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2018-07-13
text: DEBATE - The House proceeded with 10 minutes of debate on the Beatty 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 to the bill to not restrict any Federal agency mandate or action to protect students and children from a person who has been convicted in any court of a sex offense against a minor; prevent domestic violence; prevent rape or sexual assault; and require criminal background checks for schools or other employees.
action_date: 2018-07-13
text: Mrs. Beatty moved to recommit with instructions to the Committee on Oversight and Government Reform. (text: CR H6189)
action_date: 2018-07-13
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H6185-6187)
action_date: 2018-07-13
text: The previous question was ordered pursuant to the rule.
action_date: 2018-07-13
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 50.
action_date: 2018-07-13
text: DEBATE - Pursuant to the provisions of H.Res. 985, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly amendment No. 4.
action_date: 2018-07-13
text: DEBATE - Pursuant to the provisions of H.Res. 985, the Committee of the Whole proceeded with 10 minutes of debate on the Raskin amendment No. 2.
action_date: 2018-07-13
text: DEBATE - Pursuant to the provisions of H.Res. 985, the Committee of the Whole proceeded with 10 minutes of debate on the Watson Coleman amendment No. 1.
action_date: 2018-07-13
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 50.
action_date: 2018-07-13
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 985 and Rule XVIII.
action_date: 2018-07-13
text: The Speaker designated the Honorable Brian J. Mast to act as Chairman of the Committee.
action_date: 2018-07-13
text: Rule provides for consideration of H.R. 50 and H.R. 3281. Rule provides for consideration of H.R. 50 under a structured rule and H.R.3281 under a closed rule. Each measure is allowed one motion to recommit with or without instructions.
action_date: 2018-07-13
text: Considered under the provisions of rule H. Res. 985. (consideration: CR H6179-6191)
action_date: 2018-07-10
text: Rules Committee Resolution H. Res. 985 Reported to House. Rule provides for consideration of H.R. 50 and H.R. 3281. Rule provides for consideration of H.R. 50 under a structured rule and H.R.3281 under a closed rule. Each measure is allowed one motion to recommit with or without instructions.
action_date: 2018-06-29
text: Placed on the Union Calendar, Calendar No. 617.
action_date: 2018-06-29
text: Committee on the Judiciary discharged.
action_date: 2018-06-29
text: Committee on the Judiciary discharged.
action_date: 2018-06-29
text: Committee on Rules discharged.
action_date: 2018-06-29
text: Committee on Rules discharged.
action_date: 2018-06-29
text: Committee on the Budget discharged.
action_date: 2018-06-29
text: Committee on the Budget discharged.
action_date: 2018-06-29
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 115-798, Part I.
action_date: 2018-06-29
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 115-798, Part I.
action_date: 2018-03-15
text: Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 10.
action_date: 2018-03-15
text: Committee Consideration and Mark-up Session Held.
action_date: 2017-01-12
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
action_date: 2017-01-03
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: 2017-01-03
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: 2017-01-03
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: 2017-01-03
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: 2017-01-03
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: 2017-01-03
text: Introduced in House
action_date: 2017-01-03
text: Introduced in House