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

<DOC>





                                                       Calendar No. 522
114th CONGRESS
  2d Session
                                S. 1817

                          [Report No. 114-282]

  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, Mr. Lankford, Mr. Warner, Ms. Ayotte, and 
  Mrs. Ernst) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                             June 20, 2016

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Smarter Regulations Through 
Advance Planning and Review Act of 2015'' or the ``Smarter Regs Act of 
2015''.</DELETED>

<DELETED>SEC. 2. INCORPORATING RETROSPECTIVE REVIEW INTO NEW MAJOR 
              RULES.</DELETED>

<DELETED>    (a) In General.--Subchapter II of chapter 5 of title 5, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in section 551--</DELETED>
                <DELETED>    (A) in paragraph (13), by striking ``; 
                and'' and inserting a semicolon;</DELETED>
                <DELETED>    (B) in paragraph (14), by striking the 
                period at the end and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(15) `Administrator' means the Administrator of 
        the Office of Information and Regulatory Affairs of the Office 
        of Management and Budget; and</DELETED>
        <DELETED>    ``(16) `major rule' means any rule that the 
        Administrator finds has resulted in or is likely to result in--
        </DELETED>
                <DELETED>    ``(A) an annual effect on the economy of 
                $100,000,000 or more;</DELETED>
                <DELETED>    ``(B) a major increase in costs or prices 
                for consumers, individual industries, Federal, State, 
                or local government agencies, or geographic regions; 
                or</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (2) in section 553, by adding at the end the 
        following:</DELETED>
<DELETED>    ``(f) Regulation-Specific Frameworks.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) a clear statement of the regulatory 
                objectives of the major rule, including the societal 
                benefit and cost of the major rule;</DELETED>
                <DELETED>    ``(B) the methodology by which the agency 
                plans to analyze the major rule, including metrics by 
                which the agency can measure--</DELETED>
                        <DELETED>    ``(i) the effectiveness and 
                        benefits of the major rule in producing the 
                        regulatory objectives of the major rule; 
                        and</DELETED>
                        <DELETED>    ``(ii) the impacts, including any 
                        costs, of the major rule on regulated 
                        entities;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Reassessment.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) to determine whether--
                        </DELETED>
                                <DELETED>    ``(I) the major rule is 
                                accomplishing its regulatory 
                                objective;</DELETED>
                                <DELETED>    ``(II) the major rule has 
                                been rendered unnecessary, taking into 
                                consideration--</DELETED>
                                        <DELETED>    ``(aa) changes in 
                                        the subject area affected by 
                                        the major rule; and</DELETED>
                                        <DELETED>    ``(bb) whether the 
                                        major rule overlaps, 
                                        duplicates, or conflicts with 
                                        other rules or, to the extent 
                                        feasible, State and local 
                                        government regulations; 
                                        and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) OMB oversight.--The Administrator shall--
        </DELETED>
                <DELETED>    ``(A) issue guidance for agencies 
                regarding the development of the framework under 
                paragraph (1) and the conduct of the reassessments 
                under paragraph (2)(A);</DELETED>
                <DELETED>    ``(B) oversee the timely compliance of 
                agencies with this subsection; and</DELETED>
                <DELETED>    ``(C) ensure that the results of each 
                reassessment conducted under paragraph (2)(A) are--
                </DELETED>
                        <DELETED>    ``(i) published promptly on a 
                        centralized Federal website; and</DELETED>
                        <DELETED>    ``(ii) noticed in the Federal 
                        Register in accordance with paragraph 
                        (2)(C).</DELETED>
        <DELETED>    ``(4) Rule of construction.--Nothing in this 
        subsection shall be construed to affect--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) any other provision of law that 
                requires an agency to conduct retrospective reviews of 
                rules issued by the agency.''.</DELETED>
<DELETED>    (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).</DELETED>

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) Major Rule Frameworks.--
            ``(1) In general.--Beginning 180 days after the date of 
        enactment of this subsection, when an agency publishes in the 
        Federal Register--
                    ``(A) a proposed major rule, the agency shall 
                include a potential framework for assessing the major 
                rule, which shall include a general statement of how 
                the agency intends to measure the effectiveness of the 
                major rule; or
                    ``(B) a final major rule, the agency shall include 
                a framework for assessing the major rule under 
                paragraph (2), which shall include--
                            ``(i) a clear statement of the regulatory 
                        objectives of the major rule, including a 
                        summary of the societal benefit and cost of the 
                        major rule;
                            ``(ii) 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 
                                and other impacted entities;
                            ``(iii) a plan for gathering data regarding 
                        the metrics described in clause (ii) on an 
                        ongoing basis, or at periodic times, including 
                        a method by which the agency will invite the 
                        public to participate in the review process and 
                        seek input from other agencies; and
                            ``(iv) a specific time frame, as 
                        appropriate to the major rule and not more than 
                        10 years after the effective date of the major 
                        rule, under which the agency shall conduct the 
                        assessment of the major rule in accordance with 
                        paragraph (2)(A).
            ``(2) Assessment.--
                    ``(A) In general.--Each agency shall assess the 
                data collected under paragraph (1)(B)(iii), using the 
                methodology set forth in paragraph (1)(B)(ii) or any 
                other appropriate methodology developed after the 
                issuance of a final major rule to better determine 
                whether the regulatory objective was achieved, 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;
                                    ``(III) the major rule needs to be 
                                strengthened in order to accomplish the 
                                regulatory objective; and
                                    ``(IV) other alternatives to the 
                                major rule or modification of the major 
                                rule could better achieve the 
                                regulatory objective while imposing a 
                                smaller burden on society or increase 
                                net benefits, taking into consideration 
                                any cost already incurred.
                    ``(B) Different methodology.--If an agency uses a 
                methodology other than the methodology set forth in 
                paragraph (1)(B)(ii) to assess data under subparagraph 
                (A), the agency shall include as part of the notice 
                required under subparagraph (D) an explanation of the 
                changes in circumstances that necessitated the use of 
                that other methodology.
                    ``(C) Subsequent assessments.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), if, after an assessment 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 
                                frame, as appropriate to the major rule 
                                and not more than 10 years after the 
                                effective date of the major rule, under 
                                which the agency shall conduct another 
                                assessment of the major rule in 
                                accordance with subparagraph (A); and
                                    ``(II) if the assessment conducted 
                                under subclause (I) does not result in 
                                a repeal of the major rule, 
                                periodically assess the major rule in 
                                accordance with subparagraph (A) to 
                                ensure the major rule continues to meet 
                                the regulatory objective.
                            ``(ii) Exemption.--The Administrator may 
                        exempt an agency from conducting a subsequent 
                        assessment of a major rule under clause (i) if 
                        the Administrator determines that there is a 
                        foreseeable and apparent need for the major 
                        rule beyond the time frame required under 
                        clause (i)(I).
                    ``(D) Publication.--Not later than 180 days after 
                the date on which an agency completes an assessment of 
                a major rule under subparagraph (A), the agency shall 
                publish a notice of availability of the results of the 
                assessment in the Federal Register, including the 
                specific time frame for any subsequent assessment of 
                the major rule under subparagraph (C)(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 assessments under paragraph (2)(A);
                    ``(B) oversee the timely compliance of agencies 
                with this subsection;
                    ``(C) ensure that the results of each assessment 
                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)(D);
                    ``(D) encourage and assist agencies to streamline 
                and coordinate the assessment of major rules with 
                similar or related regulatory objectives;
                    ``(E) exempt an agency from including the framework 
                required under paragraph (1)(B) when publishing a final 
                major rule, if the agency did not issue a notice of 
                proposed rule making for the major rule in order to 
                provide a timely response to an emergency or comply 
                with a statutorily imposed deadline, in accordance with 
                paragraph (5)(B); and
                    ``(F) extend the deadline specified by an agency 
                for an assessment of a major rule under paragraph 
                (1)(B)(iv) or paragraph (2)(C)(i)(I) for a period of 
                not more than 90 days if the agency justifies why the 
                agency is unable to complete the assessment by that 
                deadline.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to affect--
                    ``(A) the authority of an agency to assess or 
                modify a major rule of the agency earlier than the end 
                of the time frame specified for the major rule under 
                paragraph (1)(B)(iv); or
                    ``(B) any other provision of law that requires an 
                agency to conduct retrospective reviews of rules issued 
                by the agency.
            ``(5) Applicability.--
                    ``(A) In general.--This subsection shall not apply 
                to--
                            ``(i) a major rule of an agency--
                                    ``(I) that the Administrator 
                                reviewed before the date of enactment 
                                of this subsection; or
                                    ``(II) for which the agency is 
                                required to conduct a retrospective 
                                review under any other provision of law 
                                that meets or exceeds the requirements 
                                of this subsection, as determined by 
                                the Administrator;
                            ``(ii) interpretative rules, general 
                        statements of policy, or rules of agency 
                        organization, procedure, or practice; or
                            ``(iii) routine and administrative rules.
                    ``(B) Direct and interim final major rule.--In the 
                case of a major rule of an agency for which the agency 
                is not required to issue a notice of proposed rule 
                making in response to an emergency or a statutorily 
                imposed deadline, the agency shall publish the 
                framework required under paragraph (1)(B) in the 
                Federal Register not later than 6 months after the date 
                on which the agency publishes the final major rule.
            ``(6) Judicial review.--
                    ``(A) In general.--Judicial review of agency 
                compliance with this subsection is limited to--
                            ``(i) whether an agency published the 
                        framework for assessment of a major rule in 
                        accordance with paragraph (1); or
                            ``(ii) whether an agency completed and 
                        published the required assessment of a major 
                        rule in accordance with subparagraphs (A) and 
                        (D) of paragraph (2).
                    ``(B) Remedy available.--In granting relief in an 
                action brought under subparagraph (A), the court may 
                only issue an order remanding the major rule to the 
                agency to comply with paragraph (1) or subparagraph (A) 
                or (D) of paragraph (2), as applicable.
                    ``(C) Effective date of major rule.--If, in an 
                action brought under subparagraph (A)(i), a court 
                determines that the agency did not comply, the major 
                rule shall take effect notwithstanding any order issued 
                by the court.
                    ``(D) Administrator.--Any determination, action, or 
                inaction of the Administrator shall not be subject to 
                judicial review.''.
    (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).
                                                       Calendar No. 522

114th CONGRESS

  2d Session

                                S. 1817

                          [Report No. 114-282]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 20, 2016

                       Reported with an amendment