United States 115th Congress Status: Passed House Bipartisan · 3 R · 3 D cosponsors

HR 50 — Unfunded Mandates Information and Transparency Act of 2018

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 738.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 "direct costs" 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.

Bill Text

What changed in the latest version

59 added · 51 removed

Plain-language change summary

The amendment to HR 50 adds clarity to the purposes of the Act and specifies that the assessment of funding levels will include a comparison of prospective costs related to Federal assistance imposed on various levels of government. It also updates the language regarding which agencies are excluded from certain budget assessments, replacing the term "independent regulatory agencies" with specific entities like the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection. These changes matter because they provide more explicit criteria for budget assessments and clarify the agencies involved in these financial evaluations.

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50 Referred in Senate (RFS)] <DOC> 115th CONGRESS 2d Session H.
50 Reported in Senate (RS)] <DOC> Calendar No.
738 115th CONGRESS 2d Session H.
50 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 16, 2018 Received;
50 [Report No.
read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To provide for additional safeguards with respect to imposing Federal mandates, and for other purposes.
115-447] _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 16, 2018 Received;
read twice and referred to the Committee on Homeland Security and Governmental Affairs December 19, 2018 Reported by Mr.
Johnson, with amendments [Omit the part struck through and insert the part printed in italic] _______________________________________________________________________ AN ACT To provide for additional safeguards with respect to imposing Federal mandates, and for other purposes.
This Act may be cited as the ``Unfunded Mandates Information and Transparency Act of 2017''.
This Act may be cited as the ``Unfunded Mandates Information and Transparency Act of 2017 2018''.
PURPOSE.
PURPOSE PURPOSES.
The purpose of this Act is-- (1) to improve the quality of the deliberations of Congress with respect to proposed Federal mandates by-- (A) providing Congress and the public with more complete information about the effects of such mandates;
The purpose purposes of this Act is are-- (1) to improve the quality of the deliberations of Congress with respect to proposed Federal mandates by-- (A) providing Congress and the public with more complete information about the effects of such mandates;
``(3) Additional studies.--At the request of any Chairman or ranking member of the minority of a Committee of the Senate or the House of Representatives, the Director shall conduct an assessment comparing the authorized level of funding in a bill or resolution 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 concerned or, in the case of a bill or joint resolution that authorizes such sums as are necessary, an assessment of an estimated level of funding compared to such costs.''.
``(3) Additional studies.--At the request of any Chairman or ranking member of the minority of a Committee of the Senate or the House of Representatives, the Director shall, to the extent practicable, conduct an assessment comparing the authorized level of funding in a bill or resolution 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 concerned or, in the case of a bill or joint resolution that authorizes such sums as are necessary, an assessment of an estimated level of funding compared to such costs.''.
658(3)(A)(i)) is amended-- (1) in subparagraph (A)(i), by inserting ``incur or'' before ``be required'';
658(3) (A)(i)) is amended-- (1) in subparagraph (A)(i), by inserting ``incur or'' before ``be required'';
Paragraph (1) of section 421 of the Congressional Budget Act of (2 U.S.C.
Paragraph (1) of section 421 Section 421(1) of the Congressional Budget Act of 1974 (2 U.S.C.
658) is amended by striking ``, but does not include independent regulatory agencies'' and inserting ``, except it does not include the Board of Governors of the Federal Reserve System, the Federal Open Market Committee, or the Consumer Financial Protection Bureau''.
658 (1)) is amended by striking ``, but does not include independent regulatory agencies'' and inserting ``, except it does not include the Board of Governors of the Federal Reserve System, the Federal Open Market Committee, or the Bureau of Consumer Financial Protection Bureau''.
The Unfunded Mandates Reform Act of 1995 (Public Law 104-4;
The Unfunded Mandates Reform Act of 1995 ( Public Law 104-4;2 U.S.C.
2 U.S.C.
1511 1501 et seq.) is amended-- (1) in section 103(c) (2 U.S.C.
1511 et seq.) is amended-- (1) in section 103(c) (2 U.S.C.
658d(a)(2)) is amended-- (1) by striking ``Federal intergovernmental mandates'' and inserting ``Federal mandates'';
658d(a)(2)) is amended, in the matter preceding subparagraph (A)-- (1) by striking ``Federal intergovernmental mandates'' and inserting ``Federal mandates'';
(a) In General.--Subsection (a) of section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
(a) In General.--Subsection (a) of section 202 Section 202(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) is amended to read as follows:
1532 (a)) is amended to read as follows:
``(a) In General.--Unless otherwise expressly prohibited by law, before promulgating any general notice of proposed rulemaking or any final rule, or within six months after promulgating any final rule that was not preceded by a general notice of proposed rulemaking, if the proposed rulemaking or final rule includes a Federal mandate that may result in an annual effect on State, local, or tribal governments, or to the private sector, in the aggregate of $100,000,000 or more in any year, the agency shall prepare a written statement containing the following:
``(a) In General.--Unless otherwise expressly prohibited by law, before promulgating any general notice of proposed rulemaking or any final rule, or within six 6 months after promulgating any final rule that was not preceded by a general notice of proposed rulemaking, if the proposed rulemaking or final rule includes a Federal mandate that may result in an annual effect on State, local, or tribal governments, or to the private sector, in the aggregate of $100,000,000 or more in any 1 year, the agency shall prepare a written statement containing the following:
and ``(B) any disproportionate budgetary effects of the Federal mandate upon any particular regions of the Nation or particular State, local, or tribal governments, urban or rural or other types of communities, or particular segments of the private sector.
and ``(B) any disproportionate budgetary effects of the Federal mandate upon any particular regions of the Nation United States or particular State, local, or tribal governments, urban or rural or other types of communities, or particular segments of the private sector.
(b) Requirement for Detailed Summary.--Subsection (b) of section of such Act is amended by inserting ``detailed'' before ``summary''.
(b) Requirement for Detailed Summary.--Subsection (b) of section of such Act Section 202(b) of the Unfunded Mandates Reform Act of (2 U.S.C.
1532(b)) is amended by inserting ``detailed'' before ``summary''.
``(b) Annual Statements to Congress on Agency Compliance.--The Director of the Office of Information and Regulatory Affairs annually shall submit to Congress, including the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, a written report detailing compliance by each agency with the requirements of this title that relate to regulations for which a written statement is required by section 202, including activities undertaken at the request of the Director to improve compliance, during the preceding reporting period.
``(b) Annual Statements to Congress on Agency Compliance.--The Director Administrator of the Office of Information and Regulatory Affairs annually shall submit to Congress, including the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, a written report detailing compliance by each agency with the requirements of this title that relate to regulations for which a written statement is required by section 202, including activities undertaken at the request of the Director to improve compliance, during the preceding reporting period.
1511 et seq.) is amended-- (1) by redesignating section 209 as section 210;
1511 1501 et seq.) is amended-- (1) by redesignating section 209 as section 210;
``(b) Report.--Each agency conducting a retrospective analysis of existing Federal regulations pursuant to subsection (a) shall submit to the chairman of the relevant committee, Congress, and the Comptroller General a report containing, with respect to each Federal regulation covered by the analysis-- ``(1) a copy of the Federal regulation;
``(b) Report.--Each agency conducting a retrospective analysis of existing Federal regulations pursuant to subsection (a) shall submit to the chairman of the relevant committee, Congress, and the Comptroller General of the United States a report containing, with respect to each Federal regulation covered by the analysis-- ``(1) a copy of the Federal regulation;
Passed the House of Representatives July 13, 2018.
Calendar No.
Attest:
738 115th CONGRESS 2d Session H.
KAREN L.
R.
HAAS, Clerk.
50 [Report No.
115-447] _______________________________________________________________________ AN ACT To provide for additional safeguards with respect to imposing Federal mandates, and for other purposes.
_______________________________________________________________________ December 19, 2018 Reported with amendments
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How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill enhances the Congressional Budget Office's role in analyzing federal mandates and adjusts definitions and requirements related to direct costs and regulatory processes.

  • 2 U.S.C. 602

    ``(3) Additional studies.--At the request of any Chairman or ranking member of the minority of a Committee of the Senate or the House of Representatives, the Director shall, to the extent practicable, conduct an assessment comparing the authorized level of funding in a bill or resolution 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 concerned or, in the case of a bill or joint resolution that authorizes such sums as are necessary, an assessment of an estimated level of funding compared to such costs.''.

    Adds a requirement for the Congressional Budget Office to assess and compare authorized funding levels with the costs of changes to federal assistance conditions.

  • 2 U.S.C. 658(3)(A)(i)

    means the aggregate estimated amounts that all State, local, and tribal governments would be required to spend or would be prohibited from raising in revenues in order to comply with the Federal intergovernmental mandate; → means the aggregate estimated amounts that all State, local, and tribal governments would incur or be required to spend or could forgo in profits, including costs passed on to consumers or other entities taking into account, to the extent practicable, behavioral changes;

    Clarifies the definition of direct costs to include potential loss of profits and behavioral changes in addition to spending requirements.

  • 2 U.S.C. 658(1)

    , but does not include independent regulatory agencies → , except it does not include the Board of Governors of the Federal Reserve System, the Federal Open Market Committee, or the Bureau of Consumer Financial Protection Bureau

    Amends the definition of 'agency' to exclude specific regulatory bodies while including others.

  • 2 U.S.C. 1511(c)

    Director of the Office of Management and Budget → Administrator of the Office of Information and Regulatory Affairs

    Replaces the title of the Director of the Office of Management and Budget with the Administrator of the Office of Information and Regulatory Affairs.

  • 2 U.S.C. 1535(c)

    Director of the Office of Management and Budget → Administrator of the Office of Information and Regulatory Affairs

    Similarly replaces a reference to the Director of the Office of Management and Budget with Administrator of the Office of Information and Regulatory Affairs.

  • 2 U.S.C. 1535

    Director of the Office of Management and Budget → Administrator of the Office of Information and Regulatory Affairs

    Updates the text to reflect the change in agency title to the Administrator of the Office of Information and Regulatory Affairs.

  • 2 U.S.C. 658d(a)(2)

    Federal intergovernmental mandates → Federal mandates

    Broadens the category from federal intergovernmental mandates to all federal mandates.

  • 2 U.S.C. 1531

    ``(a) In General.--Each agency shall, unless otherwise expressly prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments and the private sector (other than to the extent that such regulatory actions incorporate requirements specifically set forth in law) in accordance with the following principles:...``

    Establishes mandatory principles for agencies to follow when assessing the effects of federal regulatory actions.

  • 2 U.S.C. 1532(a)

    ``(a) In General.--Unless otherwise expressly prohibited by law, before promulgating any general notice of proposed rulemaking or any final rule...``

    And expands definitions and requirements for rulemaking related to federal mandates.

Action History

  1. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-447.

  2. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-447.

  3. Placed on Senate Legislative Calendar under General Orders. Calendar No. 738.

  4. Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.

  5. Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

  6. Considered under the provisions of rule H. Res. 985. (consideration: CR H6179-6191)

  7. 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.

  8. The Speaker designated the Honorable Brian J. Mast to act as Chairman of the Committee.

  9. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 985 and Rule XVIII.

  10. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 50.

  11. 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.

  12. 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.

  13. 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.

  14. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 50.

  15. The previous question was ordered pursuant to the rule.

  16. 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)

  17. Mrs. Beatty moved to recommit with instructions to the Committee on Oversight and Government Reform. (text: CR H6189)

  18. 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.

  19. The previous question on the motion to recommit with instructions was ordered without objection.

  20. On motion to recommit with instructions Failed by the Yeas and Nays: 180 - 219 (Roll no. 327).

  21. Passed/agreed to in House: On passage Passed by recorded vote: 230 - 168 (Roll no. 328).

  22. On passage Passed by recorded vote: 230 - 168 (Roll no. 328).

  23. Motion to reconsider laid on the table Agreed to without objection.

  24. 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.

  25. Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 115-798, Part I.

  26. Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 115-798, Part I.

  27. Committee on the Budget discharged.

  28. Committee on the Budget discharged.

  29. Committee on Rules discharged.

  30. Committee on Rules discharged.

  31. Committee on the Judiciary discharged.

  32. Committee on the Judiciary discharged.

  33. Placed on the Union Calendar, Calendar No. 617.

  34. Committee Consideration and Mark-up Session Held.

  35. Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 10.

  36. Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

  37. Introduced in House

  38. Introduced in House

  39. 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.

  40. 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.

  41. 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.

  42. 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.

  43. 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.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 541 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (541)

541 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does HR 50 do?
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 "direct costs" 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.
Who sponsors HR 50?
HR 50 is sponsored by Foxx, Virginia (Republican), Cuellar, Henry (Democratic), Peterson, Collin C. (Democratic), Suozzi, Thomas R. (Democratic), Sessions, Pete (Republican), and Gosar, Paul A. (Republican).
What is the current status of HR 50?
This bill died with 115th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 50?
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