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H.R. 50

Unfunded Mandates Information and Transparency Act of 2018

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.

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

Rep. Foxx, Virginia [R-NC-5](R-NC)Sponsor
5 cosponsors3 D2 R
5cosponsors5committees43actions3amendments2related bills11subjects
  1. Calendars

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

  2. Committee

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

    Homeland Security and Governmental Affairs Committee
  3. Committee14000

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

    Homeland Security and Governmental Affairs Committee
  4. Committee

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

    Homeland Security and Governmental Affairs Committee
  5. IntroReferral

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

    Homeland Security and Governmental Affairs Committee
  6. FloorH38310

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

  7. FloorH37100

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

  8. Floor8000

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

  9. FloorH36110

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

    Oversight and Accountability Committee
  10. FloorH8A000

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

  11. FloorH8D000

    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.

  12. FloorH36100

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

    Oversight and Accountability Committee
  13. FloorH34400

    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)

  14. FloorH35000

    The previous question was ordered pursuant to the rule.

  15. FloorH32600

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

  16. FloorH8D000

    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.

  17. FloorH8D000

    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.

  18. FloorH8D000

    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.

  19. FloorH8D000

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

  20. FloorH32020

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

  21. FloorH32400

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

  22. FloorH8D000

    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.

  23. FloorH30000

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

  24. FloorH1L210

    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. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 617.

  26. DischargeH12300

    Committee on the Judiciary discharged.

    Judiciary Committee
  27. Committee5500

    Committee on the Judiciary discharged.

    Judiciary Committee
  28. DischargeH12300

    Committee on Rules discharged.

    Rules Committee
  29. Committee5500

    Committee on Rules discharged.

    Rules Committee
  30. DischargeH12300

    Committee on the Budget discharged.

    Budget Committee
  31. Committee5500

    Committee on the Budget discharged.

    Budget Committee
  32. CommitteeH12200

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

    Oversight and Accountability Committee
  33. Committee5000

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

    Oversight and Accountability Committee
  34. Committee

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

    Oversight and Accountability Committee
  35. Committee

    Committee Consideration and Mark-up Session Held.

    Oversight and Accountability Committee
  36. Committee

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

    Administrative State, Regulatory Reform, and Antitrust Subcommittee
  37. IntroReferralH11100

    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.

    Judiciary Committee
  38. IntroReferralH11100

    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.

    Rules Committee
  39. IntroReferralH11100

    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.

    Budget Committee
  40. IntroReferralH11100-A

    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. IntroReferralH11100

    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.

    Oversight and Accountability Committee
  42. IntroReferralIntro-H

    Introduced in House

  43. IntroReferral1000

    Introduced in House