,,ii #aadth ,,congress #ast ,session ,s4 #ahah ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ba1 #bjae ,mr4 ,lankford introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to reform the rule making process of agencies4 #a4 ,short title ,this ,act may be cited as the ,principled ,rulemaking ,act of #bjae4 #b4 ,definitions ,in this ,act-- 7#a7 the terms agency1 rule1 and rule making have the meanings given those terms in section #eea of title #e1 ,united ,states ,code2 and 7#b7 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 rule making1 and notices of proposed rule making4 #c4 ,rule making considerations ,section #eec of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,rule making considerations 7#a7 ,in general ,an agency shall only promulgate a rule under this section that is-- 7,a7 required by law2 7,b7 necessary to interpret a law2 or 7,c7 made necessary by compelling public need1 such as a material failure of the private markets to protect or improve the health and safety of the public1 the environment1 or the wellbeing of the people of the ,united ,states4 7#b7 ,considerations ,before promulgating a rule under this section1 an agency shall-- 7,a7 identify and assess the significance of the problem that the agency intends to address with the rule1 including1 where applicable1 the failures of private markets or public institutions that warrant new agency action2 7,b7 consider the legal authority under which the rule may be proposed1 including whether a rule making is required by statute1 and if so1 whether by a specific date1 or whether the agency has discretion to commence a rule making2 7,c7 examine whether existing rules or other laws-- 7i7 have created or contributed to the problem identified under subparagraph 7,a72 and 7ii7 should be modified to achieve the intended regulatory objective more effectively2 7,d7 identify and assess available alternatives to direct regulation1 including by providing-- 7i7 economic incentives to encourage the desired behavior1 such as user fees or marketable permits2 or 7ii7 information upon which choices may be made by the public2 7,e7 consider1 to the extent reasonable1 the degree and nature of the risks posed by various substances or activities within the jurisdiction of the agency2 7,f7 if after determining that a rule is the best available method of achieving the regulatory objective1 design the rule in the most cost-effective manner to achieve the regulatory objective2 7,g7 in carrying out subparagraph 7,f71 consider-- 7i7 incentives for innovation1 consistency1 predictability1 flexibility1 distributive impacts1 and equity2 and 7ii7 the costs of enforcement and compliance to the ,federal ,government1 regulated entities1 and the public2 7,h7 assess the costs and the benefits of the intended rule and1 recognizing that some costs and benefits 7including quantifable and qualitative measures7 are difficult to quantify-- 7i7 propose or adopt a rule only upon a reasoned determination that the benefits of the intended rule justify the costs of the rule2 and 7ii7 select approaches that maximize net benefits1 unless a statute requires another regulatory approach2 7,i7 base decisions on the best reasonably obtainable scientific1 technical1 economic1 and other information concerning the need for1 and consequences of1 the intended rule2 7,j7 identify and assess alternative forms of regulation and1 to the extent feasible1 specify performance objectives1 and not the behavior or manner of compliance that regulated entities are required to adopt2 7,k7 seek views of appropriate ,state1 local1 and tribal officials before imposing regulatory requirements that may significantly or uniquely affect those governmental entities2 7,l7 assess the effects of rules on ,state1 local1 and tribal governments1 including specifically the availability of resources to carry out those mandates1 and seek to minimize those burdens that uniquely or significantly affect those governmental entities1 consistent with achieving the regulatory objective of the agency2 7,m7 as appropriate1 seek to harmonize agency action with related ,state1 local1 and tribal regulatory and other governmental functions2 7,n7 avoid the promulgation of a rule that is inconsistent1 incompatible1 or duplicative with other rules of the agency or those of other agencies2 7,o7 tailor the rule-- 7i7 to impose the least burden on society1 including individuals1 businesses of differing sizes1 and other entities1 including small communities and governmental entities2 and 7ii7 in a manner that is consistent with obtaining the regulatory objective1 taking into account1 and to the extent practicable1 the costs of cumulative rules2 and 7,p7 in order to minimize the potential for uncertainty and litigation arising from such uncertainty1 draft the rule in a manner that is simple and easy to understand4 4 #d4 ,public participation 7a7 ,in general ,to promote an open exchange with the public1 each agency shall1 consistent with section #eec of title #e1 ,united ,states ,code1 and other applicable requirements1 issue rules through a process that involves public participation1 including-- 7#a7 providing the public with an opportunity to participate in the regulatory process2 and 7#b7 to the extent feasible-- 7,a7 affording the public a meaningful opportunity to submit comments through the ,internet on any proposed rule for a period of not less than #fj days2 7,b7 providing1 for both proposed and final rules1 timely online access to the rule making docket of the agency on an easily accessible ,federal website1 including relevant scientific and technical findings1 in an open1 searchable1 and downloadable format2 and 7,c7 providing an opportunity for public comment on all pertinent parts of the proposed rule making docket of the agency1 including relevant scientific and technical findings4 7b7 ,comments from affected parties ,before issuing a notice of proposed rule making1 each agency shall1 when feasible and appropriate1 seek the views of those who are likely to be affected by the rule1 including those who are likely to benefit from and those who are potentially subject to the rule4 #e4 ,integration and innovation ,in developing regulatory actions and identifying appropriate approaches1 each agency shall-- 7#a7 attempt to promote coordination1 simplification1 and harmonization2 and 7#b7 seek to identify1 as appropriate1 means to achieve regulatory goals that are designed to promote innovation4 #f4 ,flexible approaches ,where relevant1 feasible1 and consistent with regulatory objectives1 and to the extent permitted by law1 each agency shall identify and consider regulatory approaches that-- 7#a7 reduce burdens and maintain flexibility and freedom of choice for the public2 7#b7 include warnings1 appropriate default rules1 and disclosure requirements2 and 7#c7 provide 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 each regulatory action of the agency4