Overview
Title
To amend the Unfunded Mandates Reform Act of 1995 to require the Director of the Office of Management and Budget to establish a limit for the total amount of additional unfunded regulatory costs that may be imposed in a fiscal year, and for other purposes.
ELI5 AI
The REG Budgeting Act wants to make rules that tell the government how much it can spend on things they haven't paid for each year, so they don't spend too much without asking Congress first. It also asks for clear reports on these costs to make sure everyone knows what’s happening.
Summary AI
H.R. 7867, titled the "Renewing Efficiency in Government by Budgeting Act" or "REG Budgeting Act," proposes changes to the Unfunded Mandates Reform Act of 1995. It aims to require the Office of Management and Budget (OMB) to set limits on the extra unfunded regulatory costs that can be imposed by federal agencies annually. The bill mandates that these limits cannot be exceeded without congressional approval, and it includes provisions for agency reporting and transparency regarding these costs. The goal is to manage and potentially reduce the financial burden that federal regulations place on states, local governments, tribes, and the private sector.
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AnalysisAI
General Summary of the Bill
The proposed legislation, known as the "Renewing Efficiency in Government by Budgeting Act" or "REG Budgeting Act," aims to amend the Unfunded Mandates Reform Act of 1995. The primary goal of this bill is to introduce a regulatory budgeting system that imposes annual limits on the additional unfunded regulatory costs that federal agencies can impose. This system mandates the Director of the Office of Management and Budget (OMB) to set both aggregate and agency-specific limits on these costs. Additionally, it requires Congressional approval for the set limits and provides conditions under which exceptions can be made, particularly in cases of emergencies or concerns about national security.
Summary of Significant Issues
Several significant issues are identified with this proposed legislation. Firstly, there is a concern about potential bureaucratic delays stemming from the need for Congressional approval for regulatory cost limits. This could hinder the timely implementation of necessary regulations, especially in urgent situations. Secondly, the provision allowing exceptions through a Presidential Executive Order may create a loophole, allowing significant regulatory costs without sufficient legislative oversight.
Furthermore, the complexity of the language in the bill regarding cost calculations and the decision-making process could lead to misinterpretations or misuse, presenting a challenge for those involved in enforcing or complying with the regulations. The bill lacks clear criteria for when limits can be exceeded, which could result in arbitrary decision-making. Finally, there is a risk of increased administrative burdens on agencies due to the requirement for notifications and justifications for exceeding cost limits, which might detract from their primary regulatory roles.
Impact on the Public and Specific Stakeholders
Broadly, the bill aims to enhance government accountability concerning regulatory costs, potentially leading to more efficient use of resources and minimizing the financial burden on states, local governments, and the private sector. By establishing these cost limits, the bill seeks to prevent unchecked regulatory spending, bringing discipline to the rule-making process. However, the potential for bureaucratic delays in implementing necessary regulations could adversely affect public safety and economic responsiveness, especially in crises that require swift regulatory action.
For specific stakeholders, such as regulatory agencies, the bill introduces both challenges and opportunities. Agencies might face increased workloads and administrative burdens due to compliance with new reporting and justification requirements. However, the structured approach to managing regulatory costs could lead to more strategic planning and prioritization of regulatory actions. On the other hand, states, local governments, and private sector entities might benefit from more predictable and manageable regulatory costs, aiding their planning and budgeting processes.
In summary, while the bill intends to streamline regulatory processes and enhance fiscal responsibility, its success will largely depend on how effectively these issues are addressed and how efficiently the legislative and executive branches can coordinate to implement and oversee the new system. The potential for delays, complexity, and administrative burdens challenge the practicality of its intended benefits.
Issues
The process for setting limits on additional unfunded regulatory costs relies heavily on the approvals by Congress and the determinations made by the Director of the Office of Management and Budget. This could lead to bureaucratic delays and increased administrative burden, potentially affecting the timely implementation of necessary regulations. This issue is discussed in Section 2.
The text allows for exceptions to the prohibition on promulgating certain rules without congressional committee reports if the President issues an Executive order. This could create a loophole where significant unfunded regulatory costs might be imposed without thorough legislative oversight, weakening the checks and balances system. This issue is outlined in Section 2.
The language related to determining whether a rule exceeds the established limits on unfunded regulatory costs can be complex and difficult to interpret without extensive legal or bureaucratic expertise, thus increasing the possibility of misinterpretation or misuse. This relates to Section 210.
While the text addresses circumstances under which limits can be exceeded, it lacks specific criteria or conditions that would justify such decisions, potentially leading to arbitrary or biased decisions. This ambiguity could impact the fairness and transparency of the rule-making process. This issue arises in Sections 2 and 210.
The potential for wasteful spending exists if regulatory agencies are constantly engaged in preparing notifications and justifications for exceeding cost limits rather than focusing on fiscal prudence. This administrative burden could draw resources away from more impactful regulatory activities. This issue is identified in Section 2.
The term 'additional unfunded regulatory cost' as defined may include costs not previously considered in prior fiscal years. This could obscure understanding of historical regulatory impacts and pose difficulties in evaluating long-term financial implications, creating financial uncertainties for affected parties. This issue is noted in Section 2.
The requirement for 'Congressional Approval' in subsection (a)(1)(C) and (b)(1) could lead to potential delays in rule implementation, affecting timeliness in addressing urgent regulatory needs, which could be critical for public safety or economic health. This is detailed in Section 210.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this bill states its short title, which is the “Renewing Efficiency in Government by Budgeting Act” or simply the “REG Budgeting Act.”
2. Regulatory budgeting Read Opens in new tab
Summary AI
The text outlines modifications to the Unfunded Mandates Reform Act of 1995, introducing a "Regulatory Budgeting" system to limit additional unfunded regulatory costs imposed by federal agencies each year. It requires approval from Congress for any limits set, mandates reports and notifications for rulemaking that could exceed these limits, and includes specific conditions under which such rules may still proceed.
210. Regulatory Budgeting Read Opens in new tab
Summary AI
This section outlines rules for controlling the number of additional unfunded regulatory costs that U.S. government agencies can impose each year. It requires the Office of Management and Budget Director to set limits on these costs, report them to Congress, and ensure agencies do not finalize rules exceeding these limits without approval.