[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1817 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1817

  To improve the effectiveness of major rules in accomplishing their 
regulatory objectives by promoting retrospective review, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2015

 Ms. Heitkamp (for herself and Mr. Lankford) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To improve the effectiveness of major rules in accomplishing their 
regulatory objectives by promoting retrospective review, 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 ``Smarter Regulations Through Advance 
Planning and Review Act of 2015'' or the ``Smarter Regs Act of 2015''.

SEC. 2. INCORPORATING RETROSPECTIVE REVIEW INTO NEW MAJOR RULES.

    (a) In General.--Subchapter II of chapter 5 of title 5, United 
States Code, is amended--
            (1) in section 551--
                    (A) in paragraph (13), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (14), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(15) `Administrator' means the Administrator of the 
        Office of Information and Regulatory Affairs of the Office of 
        Management and Budget; and
            ``(16) `major rule' means any rule that the Administrator 
        finds has resulted in or is likely to result in--
                    ``(A) an annual effect on the economy of 
                $100,000,000 or more;
                    ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    ``(C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.''; and
            (2) in section 553, by adding at the end the following:
    ``(f) Regulation-Specific Frameworks.--
            ``(1) In general.--Beginning 180 days after the date of 
        enactment of this subsection, when an agency publishes a 
        proposed or final major rule in the Federal Register, the 
        agency shall include a framework for reassessing the major rule 
        under paragraph (2), which shall include--
                    ``(A) a clear statement of the regulatory 
                objectives of the major rule, including the societal 
                benefit and cost of the major rule;
                    ``(B) the methodology by which the agency plans to 
                analyze the major rule, including metrics by which the 
                agency can measure--
                            ``(i) the effectiveness and benefits of the 
                        major rule in producing the regulatory 
                        objectives of the major rule; and
                            ``(ii) the impacts, including any costs, of 
                        the major rule on regulated entities;
                    ``(C) a plan for gathering data regarding the 
                metrics described in subparagraph (B) on an ongoing 
                basis, or at periodic times, during the implementation 
                of the major rule, including the method by which the 
                agency will invite the public to participate in the 
                review process and seek input from other agencies, 
                taking into account any burden to the public in 
                supplying relevant data to agencies; and
                    ``(D) a specific time frame, as appropriate to the 
                major rule and not more than 10 years, under which the 
                agency shall conduct the reassessment of the major rule 
                in accordance with paragraph (2)(A).
            ``(2) Reassessment.--
                    ``(A) In general.--Each agency shall assess the 
                data collected under paragraph (1)(C), using the 
                methodology set forth in paragraph (1)(B), with respect 
                to a major rule--
                            ``(i) to analyze how the actual benefits 
                        and costs of the major rule may have varied 
                        from those anticipated at the time the major 
                        rule was issued; and
                            ``(ii) to determine whether--
                                    ``(I) the major rule is 
                                accomplishing its regulatory objective;
                                    ``(II) the major rule has been 
                                rendered unnecessary, taking into 
                                consideration--
                                            ``(aa) changes in the 
                                        subject area affected by the 
                                        major rule; and
                                            ``(bb) whether the major 
                                        rule overlaps, duplicates, or 
                                        conflicts with other rules or, 
                                        to the extent feasible, State 
                                        and local government 
                                        regulations; and
                                    ``(III) other alternatives to the 
                                major rule or modification of the major 
                                rule could achieve better results while 
                                imposing a smaller burden on society or 
                                at a lower cost, taking into 
                                consideration any cost already 
                                incurred.
                    ``(B) Subsequent assessments.--If, after a 
                reassessment of a major rule under subparagraph (A), an 
                agency determines that the major rule will remain in 
                effect with or without modification, the agency shall--
                            ``(i) determine a specific time, as 
                        appropriate to the major rule and not more than 
                        10 years, under which the agency shall conduct 
                        another assessment of the major rule in 
                        accordance with subparagraph (A); and
                            ``(ii) if the assessment conducted under 
                        clause (i) does not result in a repeal of the 
                        major rule, periodically reassess the major 
                        rule in accordance with subparagraph (A) to 
                        ensure the major rule continues to meet the 
                        regulatory objective.
                    ``(C) Publication.--Not later than 180 days after 
                the date on which an agency completes a reassessment of 
                a major rule under subparagraph (A), the agency shall 
                publish a notice of availability of the results of the 
                reassessment in the Federal Register, including the 
                specific time for any subsequent assessment of the 
                major rule under subparagraph (B)(i), if applicable.
            ``(3) OMB oversight.--The Administrator shall--
                    ``(A) issue guidance for agencies regarding the 
                development of the framework under paragraph (1) and 
                the conduct of the reassessments under paragraph 
                (2)(A);
                    ``(B) oversee the timely compliance of agencies 
                with this subsection; and
                    ``(C) ensure that the results of each reassessment 
                conducted under paragraph (2)(A) are--
                            ``(i) published promptly on a centralized 
                        Federal website; and
                            ``(ii) noticed in the Federal Register in 
                        accordance with paragraph (2)(C).
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to affect--
                    ``(A) the authority of an agency to reassess or 
                modify a major rule of the agency earlier than the end 
                of the time frame specified for the major rule under 
                paragraph (1)(D); or
                    ``(B) any other provision of law that requires an 
                agency to conduct retrospective reviews of rules issued 
                by the agency.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the amendments 
made by subsection (a).
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