[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4162 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4162

To improve public understanding of, and access to, the information and 
reasoning supporting significant Federal agency rulemaking proposals by 
  specifying a consistent and informative format for Federal Register 
                  notices of such rulemaking actions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 1998

Mrs. Chenoweth introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To improve public understanding of, and access to, the information and 
reasoning supporting significant Federal agency rulemaking proposals by 
  specifying a consistent and informative format for Federal Register 
                  notices of such rulemaking actions.

    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 Information Presentation 
Act of 1998''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) There is a substantial lack of consistency in the 
        presentation of information explaining and supporting Federal 
        rulemaking actions when such information is published with 
        proposed and final rules in the Federal Register.
            (2) This lack of consistency makes it more difficult for 
        the public and Congress to understand rulemaking actions and 
        their justification and to locate particular relevant 
        information.
            (3) Presidential Executive Order 12866, promulgated 
        September 30, 1993, specifies certain analytical components for 
        Federal rulemaking that provide a useful design for consistent 
        organization of the information presented in Federal Register 
        rulemaking notices.
            (4) Such a consistent format will facilitate congressional, 
        executive branch, and public review of proposed rulemaking 
        actions.

SEC. 3. FORMATTING OF RULEMAKING ENTRIES IN THE FEDERAL REGISTER.

    (a) Significant Rules.--This section applies to each significant 
rule that is published in the Federal Register as a general notice of 
proposed rulemaking, or as a final or interim final substantive rule, 
under section 553 of title 5, United States Code.
    (b) Information To Be Included in Proposed, Interim Final, and 
Final Rules.--Each agency shall, in accordance with a uniform format to 
be established (after public notice and an opportunity for public 
comment) by the Office of the Federal Register, include in the preamble 
(the ``Supplementary Information'') to each such significant rule, both 
as a proposed and as a final or interim final rule, the information 
specified in this subsection.
            (1) Rulemaking status.--
                    (A)(i) The agency shall describe whether, and if so 
                the reason that, the rule has been determined to be--
                            (I) a significant rule; or
                            (II) a major rule under section 804(2) of 
                        title 5, United States Code.
                    (ii) If the agency determines that a rule is not a 
                significant rule, the agency shall provide the reasons 
                and justifications for such determination using each of 
                the factors described in section 5(3).
                    (B) The agency shall identify the nature and timing 
                of any applicable legal deadline or other good cause 
                for the issuance of the rule more quickly than the 
                normal work schedule would provide.
                    (C) The agency shall provide an explanation as to 
                whether the President, the Vice President, or any 
                official in the Executive Office of the President has 
                waived any provision of any relevant Executive order or 
                related policy directive applicable to the rulemaking. 
                If any cost-benefit analysis, risk assessment, or other 
                evaluation of the rule prepared by the agency displays 
                an important gap in the analytical information relied 
                upon therein, the agency shall provide an explanation 
                as to why it is or is not feasible or reasonable to 
                delay the rulemaking until those gaps in information 
                are filled.
            (2) Regulatory policy officer.--The agency shall provide 
        the name, telephone number, and position of the regulatory 
        policy officer of the agency responsible at each stage of the 
        regulatory process for fostering the development of effective, 
        innovative, and least burdensome regulations and furthering the 
        principles set forth in any relevant Executive order or related 
        policy directive related to rulemaking.
            (3) Consultation.--The agency shall describe any 
        consultations with stakeholders, formal advisory bodies, and 
State, local, or tribal governments under title II of Public Law 104-4 
(2 U.S.C. 1531 et seq.) or other applicable authority, identifying the 
individuals involved and the issues discussed.
            (4) Need.--The agency shall identify any applicable law 
        requiring the specific rulemaking and separately describe any 
        compelling public need for undertaking the rulemaking, 
        including a detailed explanation of the need for preempting, or 
        regulating instead of, State, local, or tribal governments.
            (5) Legal authority.--The agency shall identify the 
        specific statutory provisions authorizing the rule, the overall 
        regulatory program involved, and the scope of the statutory 
        discretion of the agency, if any, to regulate and the degree to 
        which the agency is regulating. Except in cases in which the 
        rule has no legal effect other than to implement the literal 
        wording of the applicable law, the agency shall include in the 
        preamble a legal analysis identifying the scope of discretion 
        available to the agency in undertaking the rulemaking.
            (6) Alternatives considered.--The agency shall identify the 
        principal regulatory alternatives considered by the agency 
        before determining which alternative to propose for public 
        comment, or to adopt in the final or interim final rule.
            (7) Alternative selected.--Based on the criteria set forth 
        in title II of Public Law 104-4 (2 U.S.C. 1531 et seq.) and any 
        relevant Executive order or related policy directive related to 
        rulemaking, the agency shall identify and explain in reasonable 
        detail the reasons why the agency selected the alternative to 
        be adopted or adopted in the rule.
            (8) Costs.--The agency shall estimate the direct and 
        indirect costs of the rule, which shall be stated to the extent 
        reasonably possible as monetized costs, quantified costs, or 
        qualitative costs, in that order.
            (9) Impacts.--The agency shall identify the entities that 
        will be significantly impacted through compliance with the 
        rule, and shall evaluate and describe the nature of the impacts 
        that are anticipated to be caused by the costs to be imposed or 
        other actions the entities are anticipated to take in order to 
        come into compliance with the rule. The agency shall summarize 
        any analysis or evaluation conducted under title II of Public 
        Law 104-4 (2 U.S.C. 1531 et seq.) or chapter 6 of title 5, 
        United States Code, or if the agency did not conduct such an 
        analysis or evaluation, provide an explanation as to why an 
        analysis or evaluation was not performed.
            (10) Benefits.--The agency shall estimate the direct and 
        indirect benefits of the rule. These benefits shall be stated 
        to the extent possible as monetized benefits, quantified 
        benefits, or qualitative benefits.
            (11) Certification of compliance.--The agency shall state 
        whether any official in the Executive Office of the President 
        carried out a review of the rule under any relevant Executive 
        order or related policy directive related to rulemaking. If 
        such a review has been carried out, the agency shall briefly 
        describe the individuals involved, the timing of the review 
        process, the procedural actions taken by those involved, and 
        the nature of any issues raised in the course of such review. 
        If any such official found the issuance of the rule to be 
        consistent with the regulatory principles set forth in such 
        Executive order or related policy directive related to 
        rulemaking, the agency shall identify the official, and 
        describe the nature of the communication involved.
    (c) Additional Information To Be Included in Interim Final and 
Final Rules.--
            (1) In general.--Each agency shall, in accordance with a 
        uniform format to be established (after public notice and 
        opportunity for public comment) by the Office of the Federal 
        Register, include in the preamble (the ``Supplementary 
        Information'') to each such significant rule, as a final or 
        interim final rule, the information specified in this 
        subsection.
            (2) Significant issues.--
                    (A) Each agency shall provide a brief description 
                of the significant issues raised--
                            (i) by the public in a statement placed in 
                        the rulemaking file;
                            (ii) in consultations described in 
                        subsection (b)(3) by formal advisory bodies; 
                        and
                            (iii) by any official in the Executive 
                        Office of the President carrying out a review 
                        under any relevant Executive order or related 
                        policy directive related to rulemaking.
                    (B) If, under subparagraph (A)(iii), an official 
                did not raise any significant issue, the agency shall 
                provide a description to that effect. The agency shall 
                identify and describe any important gap in analytical 
                information relied upon in any cost-benefit analysis, 
                risk assessment, or other evaluation of the rule 
                prepared by the agency, and any assumptions and 
                justification for such assumptions that were used to 
                fill those gaps.
            (3) Conflict resolution.--The agency shall describe in 
        reasonable detail, both concerning the specific review 
        procedures used and also the substantive concerns raised--
                    (A) whether the rule was returned to the agency for 
                reconsideration by any official in the Executive Office 
                of the President, the nature of any reasons for such 
                return, and the nature of the response of the agency to 
                such return;
                    (B) the nature of any involvement by the President 
                or Vice President or their respective staff in 
                reviewing the rule, or any earlier version of the rule, 
                submitted for review by any official in the Executive 
                Office of the President under any relevant Executive 
                order or related policy directive related to 
                rulemaking; and
                    (C) the nature of the resolution of any 
                disagreement involved in such review or return.
            (4) Significant substantive changes.--
                    (A) The agency shall provide a brief description of 
                any substantive changes to the rule made--
                            (i) following the end of the period for 
                        public comment and the submission of the draft 
                        final or interim final rule for review by any 
                        official in the Executive Office of the 
                        President under any relevant Executive order or 
                        related policy directive related to rulemaking; 
                        and
                            (ii) during any review of the draft final 
                        or interim final rule by any official in the 
                        Executive Office of the President under any 
                        relevant Executive order or related policy 
                        directive related to rulemaking.
                    (B) The agency shall identify the individual 
                primarily responsible for suggesting any such 
                substantive change, if such individual is not within 
                the program office directly responsible for drafting 
                the rule.
            (5) Cost-benefit determination.--To the extent permitted by 
        law and as applicable, the agency shall provide a reasoned 
        statement explaining the way in which the estimated benefits of 
        the rule justify its estimated costs, as described under 
        subsections (b)(8) and (b)(10), and any other impacts, as 
        described under subsection (b)(9). To the extent that the 
        agency relies upon qualitative benefits to justify the action 
        of the agency, the agency shall also describe the subjective 
        nature and uncertainties inherent in such a statement of 
        qualitative benefits.
    (d) Good Cause Exception.--When the agency for good cause finds, 
and incorporates the finding and a brief statement of reasons therefor 
in the rule, that providing any portion of the information required by 
subsections (b) and (c) is impracticable, unnecessary, or contrary to 
the public interest, the agency may issue the rule without providing 
such portion of the information required. The agency shall identify in 
the preamble to the rule the portion of the information that is not 
being provided and shall state the reasons for not providing the 
preamble and when the preamble will be provided. The agency shall make 
every reasonable effort to provide such information before the 
effective date of the rule.

SEC. 4. PUBLIC NOTICE.

    Each agency shall, on an annual basis and in accordance with a 
schedule and uniform format to be established (after public notice and 
opportunity for public comment) by the Office of the Federal Register, 
publish a notice in the Federal Register that contains the following 
specified statistics:
            (1) The number of rules published as proposed, interim 
        final, and final rules.
            (2) The number of rules under paragraph (1) that are 
        discretionary, in contrast to rules the contents of which were 
        specifically mandated by law as described under section 
        3(b)(5).
            (3) The number of pages in the Federal Register for each 
        category of rule under paragraphs (1) and (2).
            (4) The number of those rules that are--
                    (A) significant rules; and
                    (B) major rules under section 804(2) of title 5, 
                United States Code.
            (5) The number of those rules reviewed under any relevant 
        Executive order or related policy directive related to 
        rulemaking, the number of rules substantively changed during 
        such reviews, and the number of pertinent actions taken during 
        such reviews.

SEC. 5. DEFINITIONS.

    As used in this Act:
            (1) The term ``agency'' has the meaning given that term in 
        section 551(1) of title 5, United States Code.
            (2) The term ``rule'' has the meaning given that term in 
        section 551(4) of title 5, United States Code.
            (3) The term ``significant rule'' means any agency 
        rulemaking action that is likely to result in a rule that may--
                    (A) have an annual effect on the economy of 
                $1,000,000 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 novel legal or policy issues arising out 
                of legal mandates, the priorities of the President, or 
                the regulatory principles set forth in any relevant 
                Executive order or related policy directive.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect 90 days after the date of the enactment 
of this Act.
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