[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 100 Introduced in Senate (IS)]

  1st Session
                                 S. 100

To reduce Federal agency regulatory burdens on the public, improve the 
   quality of agency regulations, increase agency accountability for 
 regulatory actions, provide for the review of agency regulations, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

   Mr. Glenn introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To reduce Federal agency regulatory burdens on the public, improve the 
   quality of agency regulations, increase agency accountability for 
 regulatory actions, provide for the review of agency regulations, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Accountability Act of 
1995''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) reduce the burden of Federal regulations on 
        individuals, businesses, State and local governments, and 
        others in order to promote the Nation's economic growth, 
        productivity, competitiveness, and general welfare;
            (2) ensure that Federal agency regulations fulfill 
        statutory requirements and policies in an efficient, effective, 
        rational and well-reasoned manner;
            (3) increase agency accountability for regulatory actions;
            (4) improve coordination and minimize duplication and 
        conflict among agency regulations;
            (5) provide for Presidential oversight of agency regulatory 
        actions; and
            (6) improve the effectiveness of opportunities for public 
        participation in the rulemaking and regulatory review process.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the term--
            (1) ``agency'' means an agency as defined under section 
        551(1) of title 5, United States Code, and section 552(f) of 
        title 5, United States Code, but does not include independent 
        regulatory agencies, as defined under section 3502(10) of title 
        44, United States Code;
            (2) ``Director'' means the Director of the Office of 
        Management and Budget;
            (3) ``major rule'' means any regulation that is likely to--
                    (A) have an annual affect on the economy of 
                $100,000,000 or more (annually adjusted by the Consumer 
                Price Index);
                    (B) significantly affect the economy, productivity, 
                competition, jobs, individual rights, public health or 
                safety, the environment, or State, local, or tribal 
                governments or communities;
                    (C) significantly effect a Government program or 
                the rights, obligations, or benefits of participants 
                under such program; or
                    (D) create a serious inconsistency or otherwise 
                interfere significantly with an action or policy of 
                another agency;
            (4) ``regulation'' or ``rule'' means an agency statement of 
        general applicability and future effect, which the agency 
        intends to have the force and effect of law, that is designed 
        to implement, interpret, or prescribe law or policy, and shall 
        not include--
                    (A) regulations or rules issued in accordance with 
                the formal rulemaking provisions of sections 556 and 
                557 of title 5, United States Code;
                    (B) regulations or rules that pertain to a military 
                or foreign affairs function of the United States, other 
                than procurement regulations and regulations involving 
                the import or export of nondefense articles and 
                services;
                    (C) regulations or rules that are limited to agency 
                organization, management, or personnel matters; or
                    (D) any other category of regulations exempted by 
                the Director;
            (5) ``regulatory action'' means any substantive action by 
        an agency that promulgates or is expected to lead to the 
        promulgation of a final rule, including notices of inquiry, 
        schedules or plans for rulemaking, advance notices of proposed 
        rulemaking, notices of proposed rulemaking, and other documents 
        announcing or implementing regulatory policy that affects the 
        public;
            (6) ``regulatory review'' means the evaluation, review, 
        oversight, supervision, or coordination, on an ongoing or 
        organized basis, of agency regulatory actions by a reviewing 
        entity;
            (7) ``review action'' means any action by a reviewing 
        entity, including a recommendation or direction to an agency, 
        regarding an agency regulatory action; and
            (8) ``reviewing entity'' means any agency, establishment, 
        or other office or officer in the executive branch of the 
        Federal Government designated by law or the President to 
        engage, in whole or in part in regulatory review.

SEC. 4. AGENCY REGULATORY ANALYSIS.

    (a) Regulatory Action.--In undertaking any regulatory action, to 
the extent permitted by law, each agency shall--
            (1) consider, to the extent relevant to the regulatory 
        action--
                    (A) the basis of, need for, and desired outcome of 
                the regulatory action;
                    (B) the costs and the benefits of the regulatory 
                action, with the goal of imposing the least burden on 
                society consistent with the objectives of the 
                regulatory action;
                    (C) the risks posed by the subject of the 
                regulatory action and their relationship to other 
                preventable risks posed by related substances or 
                activities within the jurisdiction of the agency;
                    (D) alternatives to the regulatory action;
                    (E) the relationship between the regulatory action 
                and existing Government regulations;
                    (F) the effects of the regulatory action on State, 
                local, and tribal governments;
                    (G) whether the regulatory action may raise a 
                substantial issue under the just compensation clause of 
                the fifth amendment of the Constitution; and
                    (H) the regulatory action's consistency with the 
                purposes and requirements of this Act; and
            (2) certify, in any proposed or final rulemaking notice 
        associated with such regulatory action, agency compliance with 
        paragraph (1).
    (b) Major Rule Regulatory Analysis.--In promulgating any proposed 
or final major rule, to the extent permitted by law and in addition to 
the requirements of subsection (a), each agency shall prepare and 
consider a major rule regulatory analysis. Such analysis shall 
include--
            (1) an assessment and underlying analysis, to the extent 
        relevant to the rule, of--
                    (A) the statutory or other legal basis for, the 
                problem to be addressed by, and the programmatic 
                purpose and desired outcome of the rule;
                    (B) the economic, social, and other costs and 
                benefits anticipated from the rule, including--
                            (i) a projection of cumulative costs and 
                        benefits, together with, to the extent 
                        feasible, a quantification of those costs and 
                        benefits, and an identification of any costs 
                        and benefits that cannot be quantified; and
                            (ii) an assessment of requirements that 
                        would impose the least burden on society, 
                        consistent with obtaining the objectives of the 
                        rule;
                    (C) the costs and benefits of potentially effective 
                and reasonably feasible alternatives to the rule, 
                including--
                            (i) alternatives to regulation and 
                        alternative forms of regulation, including 
                        approaches that fulfill the purposes of chapter 
                        6 of title 5, United States Code; and
                            (ii) an explanation why the rule is 
                        preferable to identified potential 
                        alternatives;
                    (D) the degree and nature of the risks posed by the 
                subject of the rule, including--
                            (i) an estimate, performed with as much 
                        specificity as practicable, of the risk to 
                        public health and safety and the environment, 
                        including the risk to individuals; and
                            (ii) an analysis comparing the risk 
                        addressed by the rule relative to other 
                        preventable risks posed by related substances 
                        or activities within the jurisdiction of the 
                        agency;
                    (E) the relationship between the rule and existing 
                Government regulations;
                    (F) the effects of the rule on State, local, and 
                tribal governments, including the ability of such 
                governments to comply with the requirements of the 
                rule, and the cost of such compliance;
                    (G) whether, and to what extent, the rule may raise 
                a substantial issue under the just compensation clause 
                of the fifth amendment of the Constitution; and
                    (H) the rule's consistency with the purposes and 
                requirements of this Act, including an executive order 
                or other guidance issued under section 5 of this Act; 
                and
            (2) a certification by the agency that--
                    (A) the rule will produce benefits that will 
                justify the cost to the Government and the public of 
                implementation of and compliance with the rule;
                    (B) the assessment required under paragraph (1) is 
                supported by the best available scientific, technical, 
                economic, and other information;
                    (C) the rule will substantially advance the purpose 
                of protecting public health and safety or the 
                environment against the specified identified risk; or
                    (D) in the event that the agency cannot make the 
                certification required under paragraph (2) (A), (B), 
                and (C), the agency shall report to the Director and to 
                the appropriate committees of Congress that such 
                certification cannot be made and shall include a 
                statement of the reasons therefor in such report and in 
                the rule.
    (c) Compliance With Regulatory Review.--In conducting the analysis 
required under this section and in undertaking any regulatory action, 
each agency shall consider the results of any regulatory review, as 
established under section 5, and comply with those results to the 
extent permitted by law and supported by the regulatory agency's 
rulemaking record.

SEC. 5. PRESIDENTIAL REGULATORY REVIEW.

    (a) In General.--The President shall, by executive order and to the 
extent permitted by law, establish a process for the centralized review 
and coordination of Federal agency regulatory actions. Such review 
shall be conducted by and be the responsibility of the Director of the 
Office of Management and Budget, except to the extent that the 
President designates another reviewing entity to resolve conflicts, as 
provided under subsection (f).
    (b) Regulatory Review.--For the purpose of carrying out the review 
established under subsection (a), the Director shall--
            (1) develop and oversee uniform regulatory policies and 
        procedures, including those by which each agency shall--
                    (A) estimate the economic, social, and other costs 
                and benefits of rules, on both an aggregate and 
                economic sector basis, including for the purpose of 
                assessing the impact of such rules on the Nation's 
                economic competitiveness;
                    (B) assess the degree and nature of the risks posed 
                by the subjects of rules and the relationship of such 
                risks to other preventable risks posed by related 
                substances or activities within the jurisdiction of the 
                agency;
                    (C) identify major rules, prepare regulatory 
                analyses, and submit regulatory actions to the Director 
                or other reviewing entity for review under this 
                section; and
                    (D) maximize accountability for, and public 
                participation in, the development of regulatory 
                actions, including as required under section 6 of this 
                Act;
            (2) develop policies and procedures for regulatory review, 
        including those by which the Director shall--
                    (A) designate proposed, final, or existing rules as 
                major rules or waive the requirements of this Act with 
                respect to any major rule;
                    (B) designate current regulatory actions or 
                existing rules for analysis and review in accordance 
                with this Act; and
                    (C) review agency regulatory actions to ensure that 
                they are consistent with applicable law, the purposes 
                of this Act, and the policies or actions of other 
                agencies, including authority of the Director to--
                            (i) identify any agency regulatory actions 
                        that are duplicative, conflicting, or otherwise 
                        inconsistent with any law or policy or with the 
                        purposes of this Act; and
                            (ii) return to the agency for further 
                        consideration any regulatory action in order to 
                        minimize or eliminate duplication, conflict, or 
                        inconsistency with any law or policy or with 
                        the purposes of this Act; and
            (3) develop and oversee an annual governmentwide regulatory 
        planning process that shall include review of planned agency 
        major rules and other significant regulatory actions and 
        publication of--
                    (A) a summary of and schedule for promulgation of 
                planned agency major rules;
                    (B) agency specific schedules for the analysis and 
                review of existing rules; and
                    (C) a summary of regulatory review actions 
                undertaken in the prior year.
    (c) Time for Review.--(1) The review established under subsection 
(a) shall be conducted as expeditiously as practicable and shall be 
limited to no more than 90 days from submission of a proposal to the 
Director or other reviewing entity to conclusion of a review action or 
a return to the agency for further consideration.
    (2) Notwithstanding the provisions of paragraph (1), the 90-day 
period of review may be extended for a definite period by the Director 
for good cause and with public notice.
    (d) Compliance in Emergency Situations.--In emergency situations or 
when an agency is obligated by law to act more quickly than review 
procedures allow, the agency shall notify the Director or other 
reviewing entity as soon as possible and, to the extent practicable, 
comply with the requirements of this Act. For those regulatory actions 
that are governed by a statutory or court imposed deadline, the agency 
shall, to the extent practicable, schedule rulemaking proceedings so as 
to permit sufficient time for the Director or other reviewing entity to 
comply with the requirements of this Act.
    (e) Regulatory Action Review Before Public Availability.--Except to 
the extent required by law, each agency shall not publish or otherwise 
issue to the public any regulatory action that is subject to review 
under this section until whichever of the following occurs first--
            (1) the Director or other reviewing entity has waived 
        review of the action, has completed review without any requests 
        for further consideration under subsection (b)(2)(C), or 
        otherwise approved publication; or
            (2) the time period in subsection (c) expires without the 
        Director or other reviewing entity having notified the agency 
        that it is returning the regulatory action for further 
        consideration under subsection (b)(2)(C).
    (f) Resolution of Agency Conflicts.--To the extent permitted by 
law, disagreements or conflicts between or among agencies or between 
the Director and an agency regarding regulatory actions or regulatory 
review that cannot be resolved by the Director, shall be resolved by 
the President, or by a reviewing entity designated by the President, 
pursuant to executive order, as provided under subsection (a). Any 
review undertaken as provided under this subsection shall comply with 
all other requirements of this Act.

SEC. 6. PUBLIC PARTICIPATION AND ACCOUNTABILITY.

    In order to maximize accountability for, and public participation 
in, the development and review of regulatory actions--
            (1) each agency shall, consistent with chapter 5 of title 
        5, United States Code, and other applicable law, provide the 
        public with opportunities for meaningful participation in the 
development of regulatory actions, including--
                    (A) seeking the involvement, where practicable and 
                appropriate, of those who are intended to benefit from 
                and those who are expected to be burdened by any 
                regulatory action;
                    (B) providing in any proposed or final rulemaking 
                notice published in the Federal Register--
                            (i) a certification of compliance with 
                        section 4(a) of this Act, or an explanation why 
                        such certification cannot be made;
                            (ii) a summary of any regulatory analysis 
                        required under section 4(b) of this Act, or 
                        under any other legal requirement, and notice 
                        of the availability of the regulatory analysis;
                            (iii) a certification that the rule will 
                        produce benefits that will justify the cost to 
                        the Government and to the public of 
                        implementation of, and compliance with, the 
                        rule, or an explanation why such certification 
                        cannot be made; and
                            (iv) a summary of the results of any 
                        regulatory review and the agency's response to 
                        such review, including an explanation of any 
                        significant changes made to such regulatory 
                        action as a consequence of regulatory review;
                    (C) identifying, upon request, a regulatory action 
                and the date upon which it was submitted to the 
                Director for review;
                    (D) disclosure to the public of any information 
                created or collected in performing a regulatory 
                analysis required under section 4 of this Act, or under 
                any other legal requirement; and
                    (E) placing in the appropriate rulemaking record 
                all information (including documents or other 
                communications, regardless of form or format) received 
                from the Director, other reviewing entity, or other 
                individual or entity relating to regulatory review; and
            (2) the Director or other reviewing entity shall, in 
        carrying out regulatory review as established under this Act, 
        any other law, or any executive order or other instructions 
        from the President, establish procedures (covering all 
        employees of the Director or other reviewing entity) to provide 
        public and agency access to information concerning regulatory 
        review actions, including--
                    (A) disclosure to the public on an ongoing basis of 
                information regarding the status of regulatory actions 
                undergoing review;
                    (B) disclosure to the public, no later than 
                publication of, or other substantive notice to the 
                public concerning a regulatory action, of--
                            (i) all written communications, regardless 
                        of form or format, including drafts of all 
                        proposals and associated analyses, between the 
                        Director or other reviewing entity and the 
                        regulatory agency;
                            (ii) all written communications, regardless 
                        of form or format, between the Director or 
                        other reviewing entity and any person not 
                        employed by the executive branch of the Federal 
                        Government relating to the substance of a 
                        regulatory action;
                            (iii) a record of all oral communications 
                        relating to the substance of a regulatory 
                        action between the Director or other reviewing 
                        entity and any person not employed by the 
                        executive branch of the Federal Government; and
                            (iv) a written explanation of any review 
                        action and the date of such action; and
                    (C) disclosure to the regulatory agency, on a 
                timely basis, of--
                            (i) all written communications, regardless 
                        of form or format, between the Director or 
                        other reviewing entity and any person who is 
                        not employed by the executive branch of the 
                        Federal Government;
                            (ii) a record of, and an invitation to 
                        participate in, all oral communications 
                        relating to the substance of a regulatory 
                        action between the Director or other reviewing 
                        entity and any person not employed by the 
                        executive branch of the Federal Government; and
                            (iii) a written explanation of any review 
                        action taken concerning an agency regulatory 
                        action, including an explanation of any action 
                        taken under section 7 of this Act.

SEC. 7. RULES OF CONSTRUCTION.

    Insofar as rulemaking is fundamentally a matter of decisionmaking 
authority to implement statutory requirements delegated by Congress to 
an office or officer of the executive branch of the Federal Government, 
nothing in this Act alters in any manner--
            (1) rulemaking authority vested by law in the head of an 
        agency or other office or officer of the executive branch of 
        the Federal Government;
            (2) any legally mandated criteria for rulemaking; or
            (3) the application of any statutory or judicial deadline 
        or the authority of an agency to undertake a regulatory action 
        in an emergency situation.

SEC. 8. JUDICIAL REVIEW.

    Nothing in this Act shall affect any otherwise available judicial 
review of agency action. Any regulatory analysis prepared under section 
4 of this Act and the compliance or noncompliance of an agency with 
provisions of this Act shall not be subject to judicial review. If an 
action for judicial review of a regulation is instituted, any 
regulatory analysis of such rule, information related to regulatory 
review or a review action, or the record of any decisions by an agency 
with regard to such analysis or review action, shall constitute part of 
the record of agency action undergoing judicial review.
                                 <all>
S 100 IS----2