,,ii #aacth ,,congress #ast ,session ,s4 #aia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ca1 #bjac ,mr4 ,roberts 7for himself1 ,mr4 ,portman1 ,mr4 ,coats1 ,ms4 ,ayotte1 ,mr4 ,grassley1 ,mr4 ,paul1 ,mr4 ,johanns1 ,mr4 ,johnson of ,wisconsin1 ,mr4 ,graham1 ,mr4 ,sessions1 ,mr4 ,crapo1 ,mr4 ,wicker1 ,mr4 ,moran1 ,mr4 ,chambliss1 ,mr4 ,isakson1 ,mr4 ,burr1 ,mr4 ,toomey1 ,mr4 ,inhofe1 ,mr4 ,risch1 ,mr4 ,mc,cain1 ,mr4 ,mc,connell1 ,mr4 ,hoeven1 ,mr4 ,cochran1 ,mr4 ,alexander1 ,mr4 ,boozman1 ,mrs4 ,fischer1 ,mr4 ,enzi1 ,mr4 ,thune1 ,mr4 ,hatch1 ,mr4 ,barrasso1 ,mr4 ,blunt1 ,mr4 ,corker1 ,mr4 ,rubio1 ,ms4 ,collins1 and ,mr4 ,flake7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to codify and modify regulatory requirements of ,federal agencies4 #a4 ,short title ,this ,act may be cited as the ,regulatory ,responsibility for our ,economy ,act of #bjac4 #b4 ,definitions ,in this ,act-- 7#a7 the term agency means any authority of the ,united ,states that is-- 7,a7 an agency as defined under section #cejb7a7 of title #dd1 ,united ,states ,code2 and 7,b7 shall include an independent regulatory agency as defined under section #cejb7e7 of title #dd1 ,united ,states ,code2 7#b7 the term regulation-- 7,a7 means an agency statement of general applicability and future effect1 which the agency intends to have the force and effect of law1 that is designed to implement1 interpret1 or prescribe law or policy or to describe the procedure or practice requirements of an agency2 and 7,b7 shall not include-- 7i7 regulations issued in accordance with the formal rulemaking provisions of sections #eef and #eeg of title #e1 ,united ,states ,code2 7ii7 regulations that pertain to a military or foreign affairs function of the ,united ,states1 other than procurement regulations and regulations involving the import or export of non-defense articles and services2 or 7iii7 regulations that are limited to agency organization1 management1 or personnel matters2 7#c7 the term regulatory action means any substantive action by an agency 7normally published in the ,federal ,register7 that promulgates or is expected to lead to the promulgation of a final regulation1 including notices of inquiry1 advance notices of proposed rulemaking1 and notices of proposed rulemaking2 and 7#d7 the term significant regulatory action means any regulatory action that is likely to result in a regulation that may-- 7,a7 have an annual effect on the economy of #ajj1jjj1jjj or more or adversely affect in a material way the economy1 a sector of the economy1 productivity1 competition1 jobs1 the environment1 public health or safety1 or ,state1 local1 or tribal governments or communities2 7,b7 create a serious inconsistency or otherwise interfere with an action taken or planned by another agency2 7,c7 materially alter the budgetary impact of entitlements1 grants1 user fees1 or loan programs or the rights and obligation of recipients thereof2 7,d7 add to the national debt2 or 7,e7 raise novel legal or policy issues arising out of legal mandates1 the ,president's priorities1 or the principles set forth in this ,act4 #c4 ,agency requirements 7a7 ,federal regulatory system ,the ,federal regulatory system shall-- 7#a7 protect the public health1 welfare1 safety1 and the environment of the ,united ,states1 especially those promoting economic growth1 innovation1 competitiveness1 and job creation2 7#b7 be based on the best available science and information2 7#c7 allow for public participation and an open exchange of ideas2 7#d7 promote predictability and reduce uncertainty1 including adherence to a clearly articulated timeline for the release of regulatory documents at all stages of the regulatory process2 7#e7 identify and use the best1 most innovative1 and least burdensome tools for achieving regulatory ends2 7#f7 take into account benefits and costs1 both quantitative and qualitative2 7#g7 ensure that regulations are accessible1 consistent1 written in plain language1 and easy to understand2 and 7#h7 measure1 and seek to improve1 the actual results of regulatory requirements4 7b7 ,requirements ,each agency shall-- 7#a7 propose or adopt a regulation only upon a reasoned determination that the benefits of the regulation justify the costs of the regulation to the extent permitted by law2 7#b7 tailor regulations of the agency to impose the least burden on society1 consistent with obtaining regulatory objectives1 taking into account1 among other things1 the costs of cumulative regulations2 7#c7 select1 in choosing among alternative regulatory approaches1 those approaches that maximize net benefits1 including potential economic1 environmental1 public health and safety1 and other advantages1 distributive impacts1 and equity2 7#d7 specify performance objectives1 rather than specifying the behavior or manner of compliance that regulated entities are required to adopt2 7#e7 identify and assess available alternatives to direct regulation1 including providing economic incentives to encourage the desired behavior1 such as user fees or marketable permits1 or providing information upon which choices can be made by the public2 and 7#f7 use the best available techniques to quantify anticipated present and future benefits and costs4 #d4 ,public participation 7a7 ,in general ,regulations shall be-- 7#a7 adopted through a process that involves public participation2 and 7#b7 based1 to the extent consistent with law1 on the open exchange of information and perspectives among ,state1 local1 and tribal officials1 experts in relevant disciplines1 affected stakeholders in the private sector1 and the public as a whole4 7b7 ,opportunity ,to participate ,each agency shall-- 7#a7 provide the public with an opportunity to participate in the regulatory process2 7#b7 as authorized by law1 afford the public a meaningful opportunity to comment through the ,internet on any proposed regulation1 with a comment period that shall begin on the date on which the proposed regulation is published in the ,federal ,register and be not less than #fj days1 unless the relevant regulation is designated by the ,administrator of the ,office of ,information and ,regulatory ,affairs to be an emergency rule2 7#c7 provide1 for both proposed and final rules1 timely online access to the rulemaking docket on regulations4gov1 including relevant scientific and technical findings1 in an open format that can be easily searched and downloaded2 and 7#d7 for proposed rules1 provide access to include1 to the extent permitted by law1 an opportunity for public comment on all pertinent parts of the rulemaking docket1 including relevant scientific and technical findings4 7c7 ,seeking affected parties ,before issuing a notice of proposed rulemaking1 each agency shall1 where appropriate1 seek the views of those who are likely to be affected1 including those who are likely to benefit from and those who are potentially subject to such rulemaking4 7d7 ,delay of implementation 7#a7 ,in general ,an agency shall delay implementation of an interim final rule until final disposition of a challenge is entered by a court in the ,united ,states1 if-- 7,a7 the agency excepted the rule from notice and public procedure under section #eec7;b77,b7 of title #e1 ,united ,states ,code2 and 7,b7 the agency exception of the rule described under paragraph 7#a7 is challenged in a court in the ,united ,states4 7#b7 ,length of delay ,if implementation of an interim final rule is delayed under paragraph 7#a71 the delay shall continue until a final disposition of the challenge is entered by the court4 #e4 ,integration and innovation 7a7 ,findings ,congress finds that-- 7#a7 some sectors and industries face a significant number of regulatory requirements1 some of which may be redundant1 inconsistent1 or overlapping2 and 7#b7 greater coordination across agencies should reduce these requirements1 thus reducing costs and simplifying and harmonizing rules4 7b7 ,promotion of innovation ,in developing regulatory actions and identifying appropriate approaches1 each agency shall-- 7#a7 promote coordination1 simplification1 and harmonization2 and 7#b7 identify means to achieve regulatory goals that are designed to promote innovation4 #f4 ,flexible approaches 7a7 ,in general ,each agency shall identify and consider regulatory approaches that reduce burdens1 especially economic burdens1 and maintain flexibility and freedom of choice for the public4 7b7 ,contents ,the approaches described under subsection 7a7 shall include warnings1 appropriate default rules1 disclosure requirements1 and the provision of information to the public in a form that is clear and intelligible4 #g4 ,science ,each agency shall ensure the objectivity of any scientific and technological information and processes used to support the regulatory actions of the agency4 #h4 ,retrospective analyses of existing rules 7a7 ,retrospective analyses 7#a7 ,in general ,to facilitate the periodic review of existing significant regulatory actions1 agencies shall consider how best to promote retrospective analysis of rules that may be outmoded1 ineffective1 insufficient1 or excessively burdensome1 and to modify1 streamline1 expand1 or repeal such regulations in accordance with what has been learned4 7#b7 ,agreement ,once every #e years1 each agency may enter into an agreement with a qualified private organization to conduct the retrospective analysis described in paragraph 7#a7 of the agency4 7#c7 ,publication online ,any retrospective analyses conducted under this subsection1 including supporting data1 shall be published online4 7b7 ,agency plans 7#a7 ,plan 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 each agency shall develop and submit to the appropriate congressional committees a preliminary plan for reviewing significant regulatory actions issued by the agency1 consistent with law1 under which the agency shall review its existing significant regulatory actions once every #e years to determine whether such regulations should be modified1 streamlined1 expanded1 or repealed so as to make the regulatory program of the agency more effective or less burdensome in achieving the regulatory objectives4 7,b7 ,repeal ,if the plan described in subparagraph 7,a7 includes suggestions for needed repeals a timeline for such repeals shall also be included in the plan4 7#b7 ,report ,upon completion of a review under a plan submitted under paragraph 7#a71 each agency shall submit to the appropriate congressional committees a report that-- 7,a7 describes the outcome of the review1 including which regulations were modified1 streamlined1 expanded1 or repealed2 7,b7 describes the reasons for the modifications1 streamlining1 expansions1 or repeals described in subparagraph 7,a72 and 7,c7 in any case where an agency did not take action1 describes the reasons why the agency did not take action to modify1 streamline1 expand1 or repeal any significant regulatory actions4 #i4 ,judicial review ,any person may file a petition for judicial review of any agency action required under this ,act within the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit or for the circuit in which such person resides or in which such person's principal place of business is located4 ,courts of appeals of the ,united ,states shall have exclusive jurisdiction of any action to obtain judicial review 7other than in an enforcement proceeding7 of such an action if any district court of the ,united ,states would have had jurisdiction of such action but for this section4