[Congressional Record Volume 169, Number 95 (Thursday, June 1, 2023)]
[Senate]
[Pages S1955-S1957]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 130. Mr. BUDD submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:


[[Page S1956]]


  

       Strike title III of division B and insert the following:

  TITLE III--REGULATORY BUDGETING AND STATUTORY ADMINISTRATIVE PAY-AS-
                                 YOU-GO

     SEC. 261. SHORT TITLE.

       This title may be cited as the ``Regulatory Budgeting and 
     Administrative Pay-As-You-Go Act of 2023''.

     SEC. 262. DEFINITIONS.

       In this title:
       (1) Administrative action.--The term ``administrative 
     action'' means a ``rule'' as defined in section 804(3) of 
     title 5, United States Code.
       (2) Agency.--The term ``agency'' means any authority of the 
     United States that is an ``agency'' under section 3502(1) of 
     title 44, United States Code, other than those considered to 
     be independent regulatory agencies, as defined in section 
     3502(5) of such title.
       (3) Costs.--The term ``costs'' means opportunity cost to 
     society.
       (4) Cost savings.--The term ``cost savings'' means the cost 
     imposed by a regulatory action that is eliminated by the 
     repeal, replacement, or modification of the regulatory 
     action.
       (5) Covered discretionary administrative action.--The term 
     ``covered discretionary administrative action'' means a 
     discretionary administrative action that would affect direct 
     spending.
       (6) Deregulatory action.--The term ``deregulatory action'' 
     means the repeal, replacement, or modification of an existing 
     regulatory action.
       (7) Direct spending.--The term ``direct spending'' has the 
     meaning given that term in section 250(c) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900(c)).
       (8) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (9) Discretionary administrative action.--The term 
     ``discretionary administrative action''--
       (A) means any administrative action that is not required by 
     law; and
       (B) includes an administrative action required by law for 
     which an agency has discretion in the manner in which to 
     implement the administrative action.
       (10) Increase direct spending.--The term ``increase direct 
     spending'' means that the amount of direct spending would 
     increase relative to--
       (A) the most recently submitted projection of the amount of 
     direct spending presented in baseline estimates as defined in 
     section 257 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, under--
       (i) the budget of the President submitted under section 
     1105 of title 31, United States Code; or
       (ii) the supplemental summary of the budget submitted under 
     section 1106 of title 31, United States Code;
       (B) with respect to a discretionary administrative action 
     that is incorporated into the applicable projection described 
     in subparagraph (A) and for which a proposal has not been 
     submitted under section 263(a)(2)(A), a projection of the 
     amount of direct spending if no administrative action were 
     taken; or
       (C) with respect to a discretionary administrative action 
     described in paragraph (9)(B), a projection of the amount of 
     direct spending under the least costly implementation option 
     reasonably identifiable by the agency that meets the 
     requirements under the statute.
       (11) Incremental regulatory cost.--The term ``incremental 
     regulatory cost'' means the difference between the estimated 
     cost of issuing a significant regulatory action and the 
     estimated cost saved by issuing any deregulatory action.
       (12) Regulation; rule.--The term ``regulation'' or ``rule'' 
     has the meaning given the term ``rule'' in section 551 of 
     title 5, United States Code.
       (13) Regulatory action.--The term ``regulatory action'' 
     means--
       (A) any regulation; and
       (B) any other regulatory guidance, statement of policy, 
     information collection request, form, or reporting, 
     recordkeeping, or disclosure requirements that imposes a 
     burden on the public or governs agency operations.
       (14) Significant regulatory action.--The term ``significant 
     regulatory action'' means any regulatory action, other than 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee, that is likely to--
       (A) have an annual effect on the economy of $100,000,000 or 
     more or adversely affect in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     Tribal governments or communities;
       (B) create a serious inconsistency or otherwise interfere 
     with an action taken or planned by another agency;
       (C) materially alter the budgetary impact of entitlements, 
     grants, user fees, or loan programs or the rights and 
     obligations of recipients thereof; or
       (D) raise a novel legal or policy issue.
       (15) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and each territory or 
     possession of the United States.

     SEC. 263. REQUIREMENTS FOR ADMINISTRATIVE ACTIONS THAT AFFECT 
                   DIRECT SPENDING.

       (a) Discretionary Administrative Actions.--
       (1) In general.--Before an agency may finalize any covered 
     discretionary administrative action, the head of the agency 
     shall submit to the Director for review written notice 
     regarding the covered discretionary administrative action, 
     which shall include an estimate of the budgetary effects of 
     the covered discretionary administrative action.
       (2) Increasing direct spending.--
       (A) In general.--If the covered discretionary 
     administrative action would increase direct spending in an 
     amount equal to or exceeding the amounts specified in 
     paragraph (3), the written notice submitted by the head of 
     the agency under paragraph (1) shall identify 1 or more other 
     administrative actions that would provide a reduction in 
     direct spending greater than or equal to the increase in 
     direct spending attributable to the covered discretionary 
     administrative action. To the extent feasible, the head of 
     such agency shall issue such administrative actions that 
     would provide a reduction in direct spending before or on the 
     same schedule as the covered discretionary administrative 
     action.
       (B) Review.--
       (i) In general.--The Director shall determine whether the 
     reduction in direct spending in a proposal in a written 
     notice from an agency under subparagraph (A) is greater than 
     or equal to the increase in direct spending attributable to 
     the covered discretionary administrative action to which the 
     written notice relates.
       (ii) No offset.--If the written notice regarding a proposed 
     covered discretionary administrative action that would 
     increase direct spending does not include a proposal to 
     offset the increased direct spending as determined in clause 
     (i), the Director shall return the written notice to the 
     agency for resubmission in accordance with this title.
       (3) Amounts specified.--The amounts specified in this 
     paragraph are--
       (A) $1,000,000,000 over the 10-year period beginning with 
     the current year; and
       (B) $100,000,000 in any given year during such 10-year 
     period.
       (b) Nondiscretionary Actions.--
       (1) In general.--If an agency determines that an 
     administrative action that would increase direct spending is 
     required by law and therefore is not a covered discretionary 
     administrative action, before the agency finalizes that 
     administrative action, the head of the agency shall--
       (A) submit to the Director a written opinion by the general 
     counsel of the agency, or the equivalent employee of the 
     agency, explaining that legal conclusion;
       (B) submit to the Director a projection of the amount of 
     direct spending under the least costly implementation option 
     reasonably identifiable by the agency that meets the 
     requirements under the statute; and
       (C) consult with the Director regarding implementation of 
     the administrative action.
       (2) Approval required.--An administrative action described 
     in paragraph (1) shall have no effect unless the Director--
       (A) certifies the administrative action is required by law 
     and therefore is not a covered discretionary administrative 
     action; and
       (B) approves the administrative action in advance in 
     writing and the written approval is publicly available online 
     prior to the issuance of the administrative action.
       (c) Projections.--Any projection for purposes of this title 
     shall be conducted in accordance with Office of Management 
     and Budget Circular A-11, or any successor thereto.
       (d) Issuance of Administrative Guidance.--Not later than 90 
     days after the date of enactment of this Act, the Director 
     shall issue instructions regarding the implementation of this 
     title, including how covered discretionary administrative 
     actions that increase direct spending and nontax receipts 
     will be evaluated.

     SEC. 264. REGULATORY PLANNING AND BUDGET.

       (a) Unified Agenda and Annual Regulatory Plan.--
       (1) Unified regulatory agenda.--During the months of April 
     and October of each year, the Director shall publish a 
     unified regulatory agenda, which shall include--
       (A) regulatory and deregulatory actions under development 
     or review at agencies;
       (B) a Federal regulatory plan of all significant regulatory 
     actions and associated deregulatory actions that agencies 
     reasonably expect to issue in proposed or final form in the 
     current and following fiscal year; and
       (C) all information required to be included in the 
     regulatory flexibility agenda under section 602 of title 5, 
     United States Code.
       (2) Agency submissions.--In accordance with guidance issued 
     by the Director and not less than 60 days before each date of 
     publication for the unified regulatory agenda under paragraph 
     (1), the head of each agency shall submit to the Director an 
     agenda of all regulatory actions and deregulatory actions 
     under development at the agency, including the following:
       (A) For each regulatory action and deregulatory action:
       (i) A regulation identifier number.
       (ii) A brief summary of the action.
       (iii) The legal authority for the action.
       (iv) Any legal deadline for the action.
       (v) The name and contact information for a knowledgeable 
     agency official.
       (vi) Any other information as required by the Director.

[[Page S1957]]

       (B) An annual regulatory plan, which shall include a list 
     of each significant regulatory action the agency reasonably 
     expects to issue in proposed or final form in the current and 
     following fiscal year, including for each significant 
     regulatory action:
       (i) A summary, including the following:

       (I) A statement of the regulatory objectives.
       (II) The legal authority for the action.
       (III) A statement of the need for the action.
       (IV) The agency's schedule for the action.

       (ii) The estimated cost.
       (iii) The estimated benefits.
       (iv) Any deregulatory action identified to offset the 
     estimated cost of such significant regulatory action and an 
     explanation of how the agency will continue to achieve 
     regulatory objectives if the deregulatory action is taken.
       (v) A best approximation of the total cost or savings and 
     any cost or savings associated with a deregulatory action.
       (vi) An estimate of the economic effects, including any 
     estimate of the net effect that such action will have on the 
     number of jobs in the United States, that was considered in 
     drafting the action, or, if such estimate is not available, a 
     statement affirming that no information on the economic 
     effects, including the effect on the number of jobs, of the 
     action has been considered.
       (C) Information required under section 602 of title 5, 
     United States Code.
       (D) Information required under any other law to be reported 
     by agencies about significant regulatory actions, as 
     determined by the Director.
       (b) Federal Regulatory Budget.--
       (1) Establishment.--In the April unified regulatory agenda 
     described in subsection (a), the Director--
       (A) shall establish the annual Federal Regulatory Budget, 
     which specifies the net amount of incremental regulatory 
     costs allowed by the Federal Government and at each agency 
     for the next fiscal year; and
       (B) may set the incremental regulatory cost allowance to 
     allow an increase, prohibit an increase, or require a 
     decrease of incremental regulatory costs.
       (2) Default net incremental regulatory cost.--If the 
     Director does not set a net amount of incremental regulatory 
     costs allowed for an agency, the net incremental regulatory 
     cost allowed shall be zero.
       (3) Balance rollover of incremental regulatory cost 
     allowance.--
       (A) In general.--If an agency does not exhaust all of the 
     incremental regulatory cost allowance for a fiscal year, the 
     balance may be added to the incremental regulatory cost 
     allowance for the subsequent fiscal year, without increasing 
     the incremental regulatory costs allowed for the Federal 
     Government for the subsequent fiscal year.
       (B) Total carryover.--The Director shall identify the total 
     carryover incremental regulatory cost allowance available to 
     an agency in the Federal Regulatory Budget.
       (c) Significant Regulatory Action Requirements.--Except as 
     otherwise required by law, a significant regulatory action 
     shall have no effect unless--
       (1) the--
       (A) head of the agency identifies not less than 2 
     deregulatory actions to offset the costs of the significant 
     regulatory action, and to the extent feasible, issues those 
     deregulatory actions before or on the same schedule as the 
     significant regulatory action;
       (B) incremental costs of the significant regulatory action 
     as offset by any deregulatory action issued before or on the 
     same schedule as the significant regulatory action do not 
     cause the agency to exceed or contribute to the agency 
     exceeding the incremental regulatory cost allowance of the 
     agency for that fiscal year; and
       (C) significant regulatory action was included on the most 
     recent version or update of the published unified regulatory 
     agenda; or
       (2) the issuance of the significant regulatory action was 
     approved in advance in writing by the Director and the 
     written approval is publicly available online prior to the 
     issuance of the significant regulatory action.
       (d) Guidance by OMB.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Director shall establish and issue 
     guidance on how agencies should comply with the requirements 
     of this section, which shall include the following:
       (A) A process for standardizing the measurement and 
     estimation of regulatory costs, including cost savings 
     associated with deregulatory actions.
       (B) Standards for determining what qualifies as a 
     deregulatory action.
       (C) Standards for determining the costs of existing 
     regulatory actions that are considered for repeal, 
     replacement, or modification.
       (D) A process for accounting for costs in different fiscal 
     years.
       (E) Methods to oversee the issuance of significant 
     regulatory actions offset by cost savings achieved at 
     different times or by different agencies.
       (F) Emergencies and other circumstances that may justify 
     individual waivers of the requirements of this section.
       (G) Standards by which the Director will determine whether 
     a regulatory action or a collection of regulatory actions 
     qualifies as a significant regulatory action.
       (2) Updates to guidance.--The Director shall update the 
     guidance issued pursuant to this section as necessary.

     SEC. 265. WAIVER.

       (a) In General.--The Director may waive the requirements of 
     section 263(a) if the Director concludes that the waiver--
       (1) is necessary for the delivery of essential services; or
       (2) is necessary for effective program delivery.
       (b) Publication.--Any waiver determination under subsection 
     (a) shall be published in the Federal Register.
       (c) Applicability of the Congressional Review Act.--A 
     waiver determination under subsection (a) shall be considered 
     a rule for the purposes of chapter 8 of title 5, United 
     States Code.

     SEC. 266. GAO REPORT.

       Within 180 days of the date of enactment of this Act, the 
     Comptroller General shall issue a report on the 
     implementation of this title.

     SEC. 267. CONGRESSIONAL REVIEW ACT COMPLIANCE ASSESSMENT.

       Section 801(a)(2)(A) of title 5, United States Code, is 
     amended by inserting after ``compliance with procedural steps 
     required by paragraph (1)(B)'' the following: ``, and shall 
     in addition include an assessment of the agency's compliance 
     with such requirements of the Regulatory Budgeting and 
     Administrative Pay-As-You-Go Act of 2023 as may be 
     applicable''.
                                 ______