As ordered reported by the Senate Committee on Homeland Security
and Governmental Affairs on September 26, 2018
H.R. 50 would amend the Unfunded Mandates Reform Act of 1995 (UMRA) to increase the information available to the Congress and the public concerning federal mandates in proposed legislation and regulations. Enacting the legislation would codify many current practices of federal agencies as they analyze the potential effects of proposed regulations. The act also would broaden the coverage of UMRA to require independent regulatory agencies to comply with standards relating to rulemaking and to allow judicial review of regulatory actions that fail to comply with that law. Under current law, independent regulatory agencies are exempt from complying with UMRA.
H.R. 50 also would amend the Congressional Budget and Impoundment Control Act of 1974 to establish a point of order that a Member of Congress may raise against legislation that creates a private-sector mandate with costs above the threshold established in UMRA. The act also would require CBO, upon request, to assess the costs to state, local, and tribal governments resulting from legislation that would change conditions that must be met to receive federal assistance.
CBO estimates that carrying out the new requirements placed on independent regulatory agencies would require additional resources. Assuming the appropriation of necessary amounts, CBO estimates implementing the act would have a net discretionary cost of $7 million over the 2019-2023 period.
CBO estimates that enacting H.R. 50 would affect direct spending; therefore, pay-as-you-go procedures apply. However, CBO estimates that any net change in direct spending would not be significant. Enacting H.R. 50 would not affect revenues.