,i #aaeth ,,congress #ast ,session ,h4 ,r4 #dcji ,,in ,,the ,,house ,,of ,,representatives ,november #h1 #bjag,mr4 ,messer introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to codify ,executive ,order #acgga1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,regulatory ,relief ,act of #bjag4 #b4 ,purpose ,it is the policy of the executive branch to be prudent and financially responsible in the expenditure of funds1 from both public and private sources4 ,in addition to the management of the direct expenditure of taxpayer dollars through the budgeting process1 it is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with ,federal regulations4 ,toward that end1 it is important that for every one new regulation issued1 at least two prior regulations be identified for elimination1 and that the cost of planned regulations be prudently managed and controlled through a budgeting process4 #c4 ,regulatory cap 7a7 ,in general ,unless prohibited by law1 whenever an agency publicly proposes for notice and comment or otherwise promulgates a new rule1 it shall identify at least two existing rules to be repealed4 7b7 ,incremental cost ,for each fiscal year1 the head of each agency is directed that the total incremental cost of all new rules1 including repealed rules1 to be finalized that fiscal year shall be no greater than zero1 unless otherwise required by law or consistent with advice provided in writing by the ,director of the ,office of ,management and ,budget4 7c7 ,offset of new incremental costs ,in furtherance of the requirement of subsection 7a7 of this section1 any new incremental costs associated with new rules shall1 to the extent permitted by law1 be offset by the elimination of existing costs associated with at least two prior rules4 ,any agency eliminating existing costs associated with prior rules under this subsection shall do so in accordance with subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 and other applicable law4 7d7 ,guidance ,the ,director shall provide the heads of agencies with guidance on the implementation of this section4 ,such guidance shall address1 among other things1 processes for standardizing the measurement and estimation of regulatory costs2 standards for determining what qualifies as new and offsetting rules2 standards for determining the costs of existing rules that are considered for elimination2 processes for accounting for costs in different fiscal years2 methods to oversee the issuance of rules with costs offset by savings at different times or different agencies2 and emergencies and other circumstances that might justify individual waivers of the requirements of this section4 ,the ,director shall consider phasing in and updating these requirements4 #d4 ,annual regulatory cost submissions to the ,office of ,management and ,budget 7a7 ,in general ,beginning with the ,regulatory ,plans 7required under ,executive ,order #abhff of ,september #cj1 #aiic1 as amended1 or any successor order7 for fiscal year #bjah1 and for each fiscal year thereafter1 the head of each agency shall identify1 for each rule that increases incremental cost1 the offsetting rules described in section #b7;c71 and provide the agency's best approximation of the total costs or savings associated with each new rule or repealed rule4 7b7 ,inclusion in the ,unified ,regulatory ,agenda ,each rule approved by the ,director during the ,presidential budget process shall be included in the ,unified ,regulatory ,agenda required under ,executive ,order #abhff1 as amended1 or any successor order4 7c7 ,limitation on issuance ,unless otherwise required by law1 no rule shall be issued by an agency if it was not included on the most recent version or update of the published ,unified ,regulatory ,agenda as required under ,executive ,order #abhff1 as amended1 or any successor order1 unless the issuance of such rule was approved in advance in writing by the ,director4 7d7 ,total incremental cost ,during the ,presidential budget process1 the ,director shall identify to agencies a total amount of incremental costs that will be allowed for each agency in issuing new rules and repealing rules for the next fiscal year4 ,no rules exceeding the agency's total incremental cost allowance will be permitted in that fiscal year1 unless required by law or approved in writing by the ,director4 ,the total incremental cost allowance may allow an increase or require a reduction in total regulatory cost4 7e7 ,guidance ,the ,director shall provide the heads of agencies with guidance on the implementation of the requirements in this section4 #e4 ,definition ,for purposes of this ,act the term rule has the meaning given such term in section #eea of title #e1 ,united ,states ,code1 but does not include-- 7#a7 any rule made with respect to a military1 national security1 or foreign affairs function of the ,united ,states2 7#b7 any rule related to agency organization1 management1 or personnel2 or 7#c7 any other category of rule exempted by the ,director4 #f4 ,general provisions 7a7 ,rule of ,construction ,nothing in this ,act shall be construed to impair or otherwise affect-- 7#a7 the authority granted by law to an agency1 or the head thereof2 or 7#b7 the functions of the ,director of the ,office of ,management and ,budget relating to budgetary1 administrative1 or legislative proposals4 7b7 ,no substantive right conferred ,this ,act is not intended to1 and does not1 create any right or benefit1 substantive or procedural1 enforceable at law or in equity by any party against the ,united ,states1 its departments1 agencies1 or entities1 its officers1 employees1 or agents1 or any other person4