S.Amdt. 2263

SA 2263. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REDUCING REGULATION AND CONTROLLING REGULATORY
COSTS.

(a) Findings.--Congress finds the following:
(1) It is the policy of the Federal Government to be
prudent and financially responsible in the expenditure of
funds, from both public and private sources.
(2) In addition to the management of the direct expenditure
of taxpayer dollars through the budgeting process, it is
essential to manage the costs associated with the
governmental imposition of private expenditures required to
comply with Federal regulations.
(3) Toward that end, it is important that for each new
regulation issued, not fewer than 2 prior regulations be
identified for elimination, and that the cost of planned
regulations be prudently managed and controlled through a
budgeting process.
(b) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(3) Executive order 12866.--The term ``Executive Order
12866'' means Executive Order 12866 (58 Fed. Reg. 51735;
relating to regulatory planning and review), as amended, or
any successor order.
(4) Rule.--The term ``rule''--
(A) has the meaning given the term in section 551 of title
5, United States Code; and
(B) does not include--
(i) any rule made with respect to a military, national
security, or foreign affairs function of the United States;
(ii) any rule related to agency organization, management,
or personnel; or
(iii) any other category of rule exempted by the Director.
(c) Regulatory Cap.--
(1) In general.--If an agency publicly proposes for notice
and comment or otherwise promulgates a new rule, the agency
shall identify not fewer than 2 existing rules to be
repealed.
(2) Incremental cost.--For each fiscal year, the head of an
agency shall ensure that the total incremental cost of all
new rules, including repealed rules, to be finalized that
fiscal year is not greater than zero, except as provided by
the Director in specifying the total incremental cost
allowance for the agency under subsection (d)(4)(A).
(3) Offset of new incremental costs.--
(A) In general.--In furtherance of the requirement under
paragraph (1), an agency shall offset any new incremental
costs associated with a new rule by the elimination of

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existing costs associated with not fewer than 2 prior rules.
(B) Procedures.--An agency shall eliminate existing costs
associated with prior rules under subparagraph (A) in
accordance with subchapter II of chapter 5 of title 5, United
States Code, and any other applicable law.
(4) Guidance.--
(A) In general.--The Director shall provide the heads of
agencies with guidance on the implementation of this
subsection.
(B) Contents.--The topics addressed by the guidance
provided under subparagraph (A) shall include--
(i) processes for standardizing the measurement and
estimation of regulatory costs;
(ii) standards for determining what qualifies as new and
offsetting rules;
(iii) standards for determining the costs of existing rules
that are considered for elimination;
(iv) processes for accounting for costs in different fiscal
years;
(v) methods to oversee the issuance of rules with costs
offset by savings at different times or different agencies;
and
(vi) emergencies and other circumstances that might justify
individual waivers of the requirements of this subsection.
(C) Discretion of director.--The Director shall consider
phasing in and updating the guidance provided under
subparagraph (A).
(d) Annual Regulatory Cost Submissions to Office of
Management and Budget.--
(1) In general.--Beginning with the Regulatory Plans
required under Executive Order 12866 for fiscal year 2022,
and for each fiscal year thereafter, the head of an agency
shall--
(A) identify, for each rule that increases incremental
cost, the offsetting rules described in subsection (c)(3);
and
(B) provide the agency's best approximation of the total
costs or savings associated with each new rule or repealed
rule.
(2) Inclusion in the unified regulatory agenda.--Each rule
approved by the Director during the process by which the
President establishes a budget under section 1105 of title
31, United States Code, shall be included in the Unified
Regulatory Agenda required under Executive Order 12866.
(3) Limitation on issuance.--An agency may not issue a rule
if the rule was not included on the most recent version or
update of the published Unified Regulatory Agenda as required
under Executive Order 12866, unless the issuance of the rule
was approved in advance in writing by the Director.
(4) Total incremental cost.--
(A) Determination by omb.--During the process by which the
President establishes a budget under section 1105 of title
31, United States Code, the Director shall identify to
agencies a total amount of incremental costs that will be
allowed for each agency in issuing new rules and repealing
rules for the next fiscal year.
(B) Prohibition.--An agency may not issue a rule during a
fiscal year that causes the agency to exceed the total
incremental cost allowance of the agency for that fiscal year
under subparagraph (A) unless approved in writing by the
Director.
(C) Total regulatory cost.--The total incremental cost
allowance of an agency for a fiscal year may allow an
increase or require a reduction in total regulatory cost for
that fiscal year.
(5) Guidance.--The Director shall provide the heads of
agencies with guidance on the implementation of the
requirements under this subsection.
(e) General Provisions.--
(1) Rule of construction.--Nothing in this section shall be
construed to impair or otherwise affect--
(A) the authority granted by law to an agency, or the head
thereof; or
(B) the functions of the Director relating to budgetary,
administrative, or legislative proposals.
(2) No substantive right conferred.--This section does not
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
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