[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1009 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 1009

To amend title 44, United States Code, to require the Administrator of 
the Office of Information and Regulatory Affairs to review regulations, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2017

Mr. Mitchell (for himself, Mr. Meadows, and Mr. Palmer) introduced the 
 following bill; which was referred to the Committee on Oversight and 
 Government Reform, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title 44, United States Code, to require the Administrator of 
the Office of Information and Regulatory Affairs to review 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 ``OIRA Insight, Reform, and 
Accountability Act''.

SEC. 2. OFFICE OF INFORMATION AND REGULATORY AFFAIRS.

    (a) Amendment.--Subchapter I of chapter 35 of title 44, United 
States Code, is amended by adding at the end the following new 
sections:
``Sec. 3522. Office of Information and Regulatory Affairs Regulatory 
              Working Group; regulatory plan; Unified Agenda
    ``(a) Regulatory Working Group.--
            ``(1) Establishment; members.--The Administrator of the 
        Office of Information and Regulatory Affairs shall convene a 
        working group to be known as the Regulatory Working Group, 
        whose members shall consist of the following:
                    ``(A) The Administrator.
                    ``(B) Representatives selected by the head of each 
                agency that the Administrator determines to have 
                significant domestic regulatory responsibility.
                    ``(C) Other executive branch officials as 
                designated by the Administrator.
            ``(2) Chair.--The Chair of the Regulatory Working Group 
        shall be the Administrator, who shall periodically advise 
        Congress on the activities of the Regulatory Working Group.
            ``(3) Purpose.--The Regulatory Working Group shall serve as 
        a forum to assist agencies in identifying and analyzing 
        important regulatory issues, including, at a minimum--
                    ``(A) the development of innovative regulatory 
                techniques;
                    ``(B) the methods, efficacy, and utility of 
                comparative risk assessment in regulatory 
                decisionmaking; and
                    ``(C) the development of streamlined regulatory 
                approaches for small businesses and other entities.
            ``(4) Meetings.--The Regulatory Working Group shall meet 
        not less than quarterly and may meet as a whole or in subgroups 
        of members with an interest in particular issues or subject 
        areas.
            ``(5) Analytical studies.--To inform the discussion of the 
        Regulatory Working Group, the Regulatory Working Group may 
        request analytical studies and reports by the Office of 
        Information and Regulatory Affairs, the Administrative 
        Conference of the United States, or any other agency.
    ``(b) Regulatory Plan.--
            ``(1) In general.--
                    ``(A) Deadline for and description of regulatory 
                plan.--Not later than June 1 of each year, the head of 
                each agency shall approve and submit to the 
                Administrator a regulatory plan that includes each 
                significant regulatory action that the agency 
                reasonably expects to issue in proposed or final form 
                in the following fiscal year or thereafter and the 
                retrospective review described in paragraph (2). The 
                regulatory plan shall also contain, at a minimum, the 
                following:
                            ``(i) A statement of the regulatory 
                        objectives and priorities of the agency.
                            ``(ii) A summary of each planned 
                        significant regulatory action including, to the 
                        extent possible, alternatives to be considered 
                        and preliminary estimates of the anticipated 
                        costs and benefits of such action.
                            ``(iii) A summary of the legal basis for 
                        each such action, including whether any aspect 
                        of the action is required by statute or court 
                        order.
                            ``(iv) A statement of the need for each 
                        such action and, if applicable, how the action 
                        will reduce risk to public health, safety, or 
                        the environment, as well as how the magnitude 
                        of the risk addressed by the action relates to 
                        any other risk within the jurisdiction of the 
                        agency.
                            ``(v) The schedule for each such action, 
                        including a statement of any applicable 
                        statutory or judicial deadline.
                            ``(vi) The name, email address, and 
                        telephone number of a knowledgeable agency 
                        employee the public may contact for additional 
                        information about each such action.
                    ``(B) Circulation of regulatory plan.--Not later 
                than 10 days after receiving the regulatory plan under 
                subparagraph (A), the Administrator shall circulate the 
                regulatory plan to any other agency the Administrator 
                determines may be affected by the plan.
                    ``(C) Agency notification to oira of conflicting 
                significant regulatory actions.--The head of an agency 
                shall promptly notify the Administrator in writing if 
                any planned significant regulatory action in the 
                regulatory plan of another agency may conflict with the 
                policy or action taken or planned by that agency. The 
                Administrator shall forward any notification received 
                under this subparagraph to the other agency involved.
                    ``(D) Notification of conflicting significant 
                regulatory actions.--The Administrator shall notify the 
                head of an agency in writing if any planned significant 
                regulatory action conflicts with any policy or action 
                taken or planned by another agency.
                    ``(E) Requirement to publish in unified agenda.--
                Each regulatory plan submitted by the head of an agency 
                under subparagraph (A) shall be included in the October 
                publication of the Unified Agenda described under 
                subsection (c).
            ``(2) Retrospective review.--
                    ``(A) List of outdated regulations.--The head of 
                each agency shall include in the regulatory plan 
                submitted under paragraph (1)(A) a list of regulations 
                that have been identified by the agency (including any 
                comments submitted to the agency) as unjustified, 
                unnecessary, duplicative of other regulations or laws, 
                inappropriately burdensome, or otherwise recommended 
                for removal.
                    ``(B) Description of retrospective review.--The 
                head of each agency shall include in the regulatory 
                plan submitted under paragraph (1)(A) a description of 
                any program or other effort to review existing 
                regulations to determine whether any such regulations 
                should be modified or eliminated in order to increase 
                the effectiveness in achieving the regulatory 
                objectives of the agency or to reduce the burden of 
                regulations. The agency shall include any statutory 
                requirements that require the agency to promulgate or 
                continue to impose regulations that the agency believes 
                are unnecessary or outdated by reason of changed 
                circumstances.
                    ``(C) OIRA coordinated review.--The Administrator 
                shall work with interested entities and agencies, 
                including through the processes established under 
                subsection (d), to review the list of regulations 
                identified under subparagraph (A) and such entities may 
                assist OIRA and the agencies with identifying 
                regulations or groups of regulations that--
                            ``(i) impose significant or unique burdens 
                        on governmental entities and that are no longer 
                        justified; or
                            ``(ii) affect a particular group, industry, 
                        or sector of the economy.
    ``(c) Unified Agenda.--
            ``(1) Submission of regulations under development or 
        review.--Not later than April 1 and October 1 of each year, the 
        head of each agency shall submit to the Administrator an agenda 
        of each regulation under development or review in accordance 
        with any guidance issued under this section. Each agenda shall 
        include, to the extent practicable, the following:
                    ``(A) For each regulation--
                            ``(i) a regulation identifier number;
                            ``(ii) a brief summary of the regulation;
                            ``(iii) a citation to the legal authority 
                        to issue the regulation;
                            ``(iv) any legal deadline for the issuance 
                        of the regulation;
                            ``(v) the name and phone number for a 
                        knowledgeable agency employee; and
                            ``(vi) the stage of review for issuing the 
                        regulation.
                    ``(B) For each regulation expected to be 
                promulgated within the following 18 months--
                            ``(i) a determination of whether the 
                        regulation is expected to be a significant 
                        regulatory action or an economically 
                        significant regulatory action; and
                            ``(ii) any available analysis or 
                        quantification of the expected costs or 
                        benefits.
                    ``(C) For any regulation included in the 
                immediately previous agenda, an explanation of why the 
                regulation is no longer included.
            ``(2) Publication of unified agenda required.--Not later 
        than April 15 and October 15 of each year, the Administrator 
        shall compile and publish online each agenda received under 
        paragraph (1) (to be known as the Unified Agenda).
            ``(3) Guidance.--
                    ``(A) In general.--The Administrator shall issue 
                guidance for agencies on the manner of submission under 
                this subsection and on meeting the requirements of this 
                subsection, including a standard definition for each 
                stage of review and any other definition that would 
                assist the public in understanding the different terms 
                used by agencies to submit the agenda required under 
                paragraph (1).
                    ``(B) Updates.--The Administrator shall 
                periodically review compliance with this section and 
                issue guidance or recommendations to assist agencies in 
                complying with this section.
    ``(d) Coordination With State, Local, and Tribal Governments and 
the Public.--
            ``(1) State, local, and tribal governments.--The 
        Administrator shall meet not less than quarterly with 
        representatives of State, local, and tribal governments to 
        identify both existing and proposed regulations that may 
        uniquely or significantly affect those government entities.
            ``(2) Public.--The Administrator shall periodically convene 
        conferences with representatives of businesses, nongovernmental 
        organizations, and the public to discuss regulatory issues of 
        common concern.
    ``(e) Best Practices.--The Administrator shall, in consultation 
with the Regulatory Working Group and the entities described in 
subsection (d), periodically develop advice and guidance for agencies 
on best practices of the development of regulations.
``Sec. 3523. OIRA coordinated review of significant regulatory actions
    ``(a) OIRA Review.--
            ``(1) In general.--The Administrator shall conduct a 
        Governmentwide coordinated review of significant regulatory 
        actions to ensure that such regulations are consistent with 
        applicable law and that a regulatory action by one agency does 
        not conflict with a policy or action taken or planned by 
        another agency.
            ``(2) Periodic agency submission of planned regulatory 
        actions.--The head of each agency shall provide to the 
        Administrator, at such time and in such a manner as determined 
        by the Administrator, a list of each planned regulatory action 
        with an identification of whether each such regulatory action 
        is a significant regulatory action.
            ``(3) Review of significant regulatory action required.--
                    ``(A) In general.--The Administrator shall make a 
                determination of whether any planned regulatory action 
                submitted under this section is a significant 
                regulatory action and shall review each such 
                significant regulatory action in accordance with this 
                section.
                    ``(B) Not subject to review.--Any planned 
                regulatory action determined by the Administrator not 
                to be a significant regulatory action is not subject to 
                review under this section.
                    ``(C) Notification required.--Not later than 10 
                days after a planned regulatory action has been 
                determined to be a significant regulatory action, the 
                Administrator shall notify the head of the relevant 
                agency of such determination.
            ``(4) Waiver of review for significant regulatory action.--
        The Administrator--
                    ``(A) may waive review of any planned regulatory 
                action designated as a significant regulatory action; 
                and
                    ``(B) shall publish online a detailed written 
                explanation of any such waiver.
    ``(b) Agency Consultation With OIRA.--
            ``(1) In general.--An agency may consult with OIRA at any 
        time on any regulatory action.
            ``(2) Regulation identifier number.--The head of an agency 
        shall make every effort to obtain a regulation identifier 
        number for the regulatory action that is the subject of the 
        consultation before consulting with OIRA.
            ``(3) Consultation information required.--If the head of an 
        agency is unable to obtain the regulation identifier number as 
        described in paragraph (2), the head of the agency shall 
        provide the regulation identifier number to OIRA as soon as the 
        number is obtained with a list of any previous interactions 
        with OIRA relating to the regulatory action that is the subject 
        of the consultation.
    ``(c) Agency Submission of Significant Regulatory Action for 
Review.--Before issuing a significant regulatory action, the head of an 
agency shall submit the significant regulatory action to the 
Administrator for review and shall include the following:
            ``(1) The text of the significant regulatory action.
            ``(2) A detailed description of the need for the 
        significant regulatory action.
            ``(3) An explanation of how the significant regulatory 
        action will meet the identified need.
            ``(4) An assessment of potential costs and benefits of the 
        significant regulatory action.
            ``(5) An explanation of the manner in which the significant 
        regulatory action is consistent with a statutory mandate and 
        avoids undue interference with State, local, and tribal 
        government functions.
            ``(6) For an economically significant regulatory action, if 
        any of the following was developed during the decisionmaking 
        process of the agency:
                    ``(A) An assessment of and quantification of costs 
                and benefits of the significant regulatory action.
                    ``(B) An assessment of and quantification of costs 
                and benefits of potentially effective and feasible 
                alternatives, including any underlying analysis.
                    ``(C) An explanation of why the planned significant 
                regulatory action is preferable to any identified 
                potential alternatives.
    ``(d) Deadlines for Review.--
            ``(1) Review coordination.--To the extent practicable, the 
        head of each agency shall work with the Administrator to 
        establish a mutually agreeable date on which to submit a 
        significant regulatory action for review.
            ``(2) Expedited review.--When an agency is obligated by law 
        to issue a significant regulatory action before complying with 
        the provisions of this section, the head of the agency shall 
        notify the Administrator as soon as possible. To the extent 
        practicable, OIRA and the agency shall comply with the 
        provisions of this section.
            ``(3) 10-day review.--In the case of a significant 
        regulatory action that is a notice of inquiry, advance notice 
        of proposed rulemaking, or other preliminary regulatory action 
        prior to a notice of proposed rulemaking, within 10 business 
        days after the date of submission of the such action to the 
        Administrator, OIRA shall complete the review.
            ``(4) 90-day review.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), for any other significant regulatory 
                action not described in paragraph (3), within 90 days 
                after the date of submission of the action, OIRA shall 
                complete the review.
                    ``(B) Exception 45-day review.--If OIRA has 
                previously reviewed the significant regulatory action 
                described in subparagraph (A) and, since that review, 
                there has been no material change in the facts and 
                circumstances upon which the significant regulatory 
                action is based, OIRA shall complete the review within 
                45 days after submission of the action.
            ``(5) Extension.--Any review described under this 
        subsection may be extended for any number of additional 30-day 
        periods upon written request by the Administrator or the head 
        of the agency. Such request shall be granted unless the 
        nonrequesting party denies the request in writing within 5 days 
        after receipt of the request for extension.
            ``(6) Return.--If the Administrator determines OIRA is 
        unable to complete a review within the time period described 
        under this subsection, the Administrator may return the draft 
        of the significant regulatory action to the agency with a 
        written explanation of why OIRA was unable to complete the 
        review and what additional information, resources, or time OIRA 
        would need to complete the review.
            ``(7) Withdrawal.--An agency may withdraw the regulatory 
        action from OIRA review at any time prior to the completion of 
        the review.
    ``(e) Compliance Review.--The Administrator shall review any 
significant regulatory action submitted under subsection (c) to 
determine the extent to which the agency--
            ``(1) identified the problem that the significant 
        regulatory action is designed to address (including, where 
        applicable, the failures of private markets or public 
        institutions that warrant new agency action);
            ``(2) assessed the significance of the problem the 
        regulatory action is designed to address;
            ``(3) examined whether existing regulations or laws have 
        created or contributed to the problem that the regulatory 
        action is designed to correct and whether those regulations or 
        laws should be modified to achieve the intended goal more 
        effectively;
            ``(4) identified and assessed available alternatives to 
        direct regulation, including providing economic incentives to 
        encourage desired behaviors, such as user fees or marketable 
        permits, or providing information upon which choices can be 
        made by the public;
            ``(5) considered, to the extent reasonable, the degree and 
        nature of the risks posed by various substances or activities 
        within the jurisdiction of the agency;
            ``(6) designed the regulatory action to be the most cost-
        effective manner to achieve the regulatory objective;
            ``(7) considered incentives for innovation, consistency, 
        predictability, flexibility, distributive impacts, equity, and 
        the costs of enforcement and compliance by the Government, 
        regulated entities, and the public;
            ``(8) assessed costs and benefits of the regulatory action 
        and made a reasoned determination that the benefits justify the 
        costs;
            ``(9) used the best reasonably obtainable scientific, 
        technical, economic, and other information concerning the need 
        for and consequences of the regulatory action;
            ``(10) identified and assessed alternative forms of 
        regulation and, to the extent feasible, specified performance 
        objectives rather than behavior or manner of compliance;
            ``(11) sought comments and suggestions from appropriate 
        State, local, and tribal officials on any aspect of the 
        regulatory action that might significantly or uniquely affect 
        those governmental entities;
            ``(12) assessed the effects of the regulatory action on 
        State, local, and tribal governments, including specifically 
        the availability of resources to carry out the regulatory 
        action, and minimized the burdens that uniquely or 
        significantly affect such governmental entities, consistent 
        with achieving regulatory objectives;
            ``(13) harmonized the regulatory action with the regulatory 
        and other functions of State, local, and tribal governments;
            ``(14) avoided conflicts with or duplication of other 
        existing regulations;
            ``(15) tailored the regulatory action to impose the least 
        burden on society, including individuals, businesses of 
        differing sizes, and other entities (including small 
        communities and governmental entities), consistent with 
        obtaining the regulatory objectives, and taking into account, 
        among other things and to the extent practicable, the costs of 
        cumulative regulations;
            ``(16) drafted the regulatory action to be simple and easy 
        to understand, and minimized the potential for uncertainty and 
        litigation arising from such uncertainty;
            ``(17) met all applicable Executive order requirements;
            ``(18) met all applicable statutory requirements; and
            ``(19) complied with all applicable guidance.
    ``(f) Quality Review.--For any significant regulatory action 
submitted under subsection (c), OIRA shall assess the extent to which 
the agency conducted a meaningful and complete analysis of each of the 
factors described in subsection (e), considering best practices, 
methods observed through reviewing other agencies, comments from 
stakeholders, and other resources that may improve the quality of the 
process.
    ``(g) Interagency Consultation.--The Administrator shall identify 
each agency potentially affected, interested, or otherwise likely to 
provide valuable feedback on a significant regulatory action submitted 
under subsection (c) and facilitate a meaningful interagency 
consultation process. The Administrator shall--
            ``(1) provide each identified agency with a copy of the 
        draft regulatory action;
            ``(2) allow each identified agency to review the draft 
        regulatory action for a sufficient period of time, not less 
        than 10 business days;
            ``(3) solicit written comments from such agency and provide 
        those written comments to the submitting agency; and
            ``(4) as appropriate, facilitate conversations between 
        agencies.
    ``(h) Stakeholder Consultation.--For all substantive communications 
between OIRA and individuals not employed by the executive branch 
regarding a regulatory action submitted to the Administrator for review 
under this section, the Administrator shall--
            ``(1) invite the issuing agency to any meeting between OIRA 
        personnel and individuals not employed by the executive branch;
            ``(2) not later than 10 business days after receipt of any 
        written communication submitted by any individual not employed 
        by the executive branch, make such communications available to 
        the public online; and
            ``(3) make available to the public online a log, which 
        shall be updated daily, of the following information:
                    ``(A) The status of each regulatory action.
                    ``(B) A copy of any written communication submitted 
                by any person not employed by the executive branch.
                    ``(C) The dates and names of persons involved in 
                any substantive oral communication and the subject 
                matter discussed during such communication.
    ``(i) Conclusion of Review.--
            ``(1) Provision to agency.--Upon completion of the review, 
        the Administrator shall provide the head of an agency with the 
        results of the OIRA review in writing, including a list of 
        every standard, Executive order, guidance document, and law 
        reviewed for compliance and the results for each.
            ``(2) Changes during review period.--Within 24 hours after 
        the conclusion of the OIRA review under this section, the head 
        of the submitting agency shall provide the Administrator with a 
        redline of any changes the agency made to the regulatory action 
        during the review period. To the extent practicable, the agency 
        shall identify any change made at the suggestion or 
        recommendation of any other agency, member of the public, or 
        other source. To the extent practicable, the agency should 
        identify the source of any such change.
``Sec. 3524. Public disclosure of regulatory review
    ``(a) In General.--On the earlier of 3 days after OIRA completes 
the review of any agency significant regulatory action under section 
3523, the date on which such agency publishes the regulatory action in 
the Federal Register, or the date on which the agency announces a 
decision not to publish the regulatory action, the Administrator shall 
make available to the public online--
            ``(1) all information submitted by an agency under section 
        3523;
            ``(2) the results of the review provided to the agency 
        under section 3523;
            ``(3) the redline of any changes made by the agency during 
        the course of the review provided under section 3523(i)(2); and
            ``(4) all documents exchanged between OIRA and the agency 
        during the review.
    ``(b) Plain Language Requirement.--All information provided to the 
public shall, to the extent practicable, be in plain, understandable 
language.''.
    (b) Technical and Conforming Amendment.--The table of sections at 
the beginning of chapter 35 of title 44, United States Code, is amended 
by inserting after the item relating to section 3521 the following new 
items:

        ``3522. Office of Information and Regulatory Affairs Regulatory 
                            Working Group; regulatory plan; Unified 
                            Agenda.
        ``3523. OIRA coordinated review of significant regulatory 
                            actions.
        ``3524. Public disclosure of regulatory review.''.
    (c) Definitions.--Section 3502 of title 44, United States Code, is 
amended--
            (1) in paragraph (13)(D), by striking ``; and'' and 
        inserting a semicolon;
            (2) in paragraph (14), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(15) the term `Administrator' means, unless otherwise 
        indicated, the Administrator of the Office of Information and 
        Regulatory Affairs;
            ``(16) the term `economically significant regulatory 
        action' means any regulatory action described under 
        subparagraph (A) or (B) of paragraph (21);
            ``(17) the term `OIRA' means the Office of Information and 
        Regulatory Affairs;
            ``(18) the term `regulation'--
                    ``(A) 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 or to describe the procedure or practice 
                requirements of an agency; and
                    ``(B) does not include such a statement if--
                            ``(i) issued in accordance with the formal 
                        rulemaking provisions of sections 556 and 557 
                        of title 5;
                            ``(ii) the statement pertains 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;
                            ``(iii) the statement is limited to an 
                        agency organization, management, or personnel 
                        matters; or
                            ``(iv) the statement is exempted as a 
                        regulation by the Administrator;
            ``(19) the term `regulation identifier number' means a 
        unique identification code for regulations, which is designed 
        to assist tracking regulations through the course of 
        development;
            ``(20) the term `regulatory action' means any substantive 
        action by an agency normally published in the Federal Register 
        that promulgates or is expected to lead to the promulgation of 
        a final regulation, including notices of inquiry, advance 
        notices of proposed rulemaking, and notices of proposed 
        rulemaking;
            ``(21) the term `significant regulatory action' means any 
        regulatory action that is likely to result in a regulation that 
        may--
                    ``(A) have an annual effect on the economy of 
                $100,000,000 or more;
                    ``(B) 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;
                    ``(C) create a serious inconsistency or otherwise 
                interfere with an action taken or planned by another 
                agency;
                    ``(D) materially alter the budgetary impact of 
                entitlements, grants, user fees, or loan programs or 
                the rights and obligations of recipients therein; or
                    ``(E) raise novel legal or policy issues arising 
                out of legal mandates;
            ``(22) the term `small business' has the meaning given the 
        term `small-business concern' in section 3 of the Small 
        Business Act (15 U.S.C. 632); and
            ``(23) the term `State' means each of the several States, 
        the District of Columbia, each territory or possession of the 
        United States, and each federally recognized Indian tribe.''.
    (d) Deadline for Issuance of Guidance.--Not later than 180 days 
after the date of the enactment of this Act, the Administrator of the 
Office of Information and Regulatory Affairs shall issue any guidance 
required by section 3522 of title 44, United States Code, as added by 
subsection (a).
                                 <all>