,,ii #aaeth ,,congress #ast ,session ,s4 #agcd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #c1 #bjag ,mrs4 ,mc,caskill introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to improve the regulatory process1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,regulatory ,improvement and ,transparency ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,administrative ,procedures ,improvement ,act ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,definitions4 ,sec4 #ajc4 ,rulemaking4 ,,title ,,ii--,pilot ,commission on ,retrospective ,review ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,definitions4 ,sec4 #bjc4 ,establishment of commission4 ,sec4 #bjd4 ,duties of the commission4 ,sec4 #bje4 ,powers of the commission4 ,sec4 #bjf4 ,commission personnel matters4 ,sec4 #bjg4 ,termination of the commission4 ,sec4 #bjh4 ,authorization of appropriations4 ,sec4 #bji4 ,,gao report4 ,,title ,,iii--,plain ,writing ,act for ,regulations ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,purpose4 ,sec4 #cjc4 ,definitions4 ,sec4 #cjd4 ,responsibilities of ,federal agencies4 ,sec4 #cje4 ,responsibilities of the ,director of the ,office of ,management and ,budget4 ,sec4 #cjf4 ,reports4 ,sec4 #cjg4 ,judicial review and enforceability4 ,,title ,,iv--,,oira ,transparency ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,definitions4 ,sec4 #djc4 ,purpose4 ,sec4 #djd4 ,transparency4 ,,title ,v--,cost-,benefit ,analysis ,improvement ,sec4 #eja4 ,short title4 ,sec4 #ejb4 ,definitions4 ,sec4 #ejc4 ,cost-benefit study4 ,i ,administrative ,procedures ,improvement ,act #aja4 ,short title ,this title may be cited as the ,administrative ,procedures ,improvement ,act of #bjag4 #ajb4 ,definitions ,title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #eea-- 7,a7 in paragraph 7#e71 by striking rule making and inserting rulemaking2 7,b7 in paragraph 7#f71 by striking rule making and inserting rulemaking2 7,c7 in paragraph 7#ac71 by striking and at the end2 7,d7 in paragraph 7#ad71 by striking the period at the end and inserting a semicolon2 and 7,e7 by adding at the end the following3 7#ae7 major rule means any rule that the ,administrator determines has resulted in or is likely to result in-- 7,a7 an annual effect on the economy of #ajj1jjj1jjj or more1 adjusted at least every #e years to reflect increases in the ,consumer ,price ,index for ,all ,urban ,consumers1 as published by the ,bureau of ,labor ,statistics of the ,department of ,labor2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 local1 or tribal government agencies1 or geographic regions2 or 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 public health and safety1 or the environment2 7#af7 ,office of ,information and ,regulatory ,affairs means the office established under section #cejc of title #dd and any successor to that office2 and 7#ag7 ,administrator means the ,administrator of the ,office of ,information and ,regulatory ,affairs4 2 and 7#b7 in section #hjd1 by striking paragraph 7#b7 and inserting the following3 7#b7 ,the term major rule has the meaning given the term in section #eea4 4 #ajc4 ,rulemaking ,section #eec of title #e1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking ,rule making and inserting ,rulemaking2 7#b7 in subsection 7a71 by striking 7a7 ,this section applies and inserting the following3 7a7 ,applicability ,this section applies 2 and 7#c7 by striking subsections 7b7 through 7e7 and inserting the following3 7b7 ,rulemaking considerations ,in a rulemaking1 an agency shall consider1 in addition to other applicable considerations1 the following3 7#a7 ,the legal authority under which a rule may be proposed1 including whether rulemaking is required by statute or is within the discretion of the agency4 7#b7 ,the nature and significance of the problem the agency intends to address with a rule4 7#c7 ,whether existing rules have created or contributed to the problem the agency may address with a rule and1 if so1 whether those rules could be amended or rescinded to address the problem in whole or in part4 7c7 ,initiation of rulemaking for major rules 7#a7 ,notice for major rules ,when an agency determines to initiate a rulemaking that may result in a major rule1 the agency shall-- 7,a7 establish an electronic docket for that rulemaking1 which may have a physical counterpart2 and 7,b7 publish a notice of initiation of rulemaking in the ,federal ,register1 which shall-- 7i7 briefly describe the subject1 the problem to be solved1 and the objectives of the rule2 7ii7 reference the legal authority under which the rule would be proposed2 and 7iii7 indicate how interested persons may submit written material for the docket4 7#b7 ,accessibility ,all material submitted to an agency under paragraph 7#a77;,b77iii7 shall be made accessible to the public and promptly placed in the docket required under paragraph 7#a71 except with respect to material that is exempt from disclosure under section #eeb7;b74 7#c7 ,timetable 7,a7 ,in general ,with respect to a rulemaking for a major rule1 the agency proposing the rule shall establish a timetable for the rulemaking that-- 7i7 includes intermediate and final completion dates for actions of the agency2 and 7ii7 shall be published in the electronic docket4 7,b7 ,consideration of factors ,in establishing the timetable required under subparagraph 7,a71 an agency shall consider relevant factors1 including-- 7i7 the size and complexity of the rulemaking2 7ii7 the resources available to the agency2 7iii7 any mandatory judicial orders governing the timing of the rulemaking2 7iv7 the national significance of the rulemaking2 and 7v7 all mandatory statutory requirements that govern the timing of the rulemaking4 7,c7 ,report required 7i7 ,in general ,an agency that fails to meet an intermediate or final completion date for action established under subparagraph 7,a7 shall submit to the appropriate congressional committees with jurisdiction over the agency and the ,director of the ,office of ,management and ,budget a report regarding why the agency failed to meet the completion date4 7ii7 ,contents2 publication in federal register ,a report submitted under clause 7i7 shall-- 7,i7 include an amended timetable for the rulemaking2 and 7,,ii7 be published-- 7aa7 in the ,federal ,register2 and 7bb7 on the publicly available website of the ,federal ,register4 7d7 ,notice of proposed rulemaking 7#a7 ,in general ,if an agency determines to issue a rule1 the agency shall-- 7,a7 establish an electronic docket for that rulemaking1 which may have a physical counterpart2 7,b7 notify the ,administrator2 and 7,c7 publish a notice of proposed rulemaking in the ,federal ,register1 which shall include-- 7i7 if applicable1 a statement of the time1 place1 and nature of any public rulemaking proceedings2 7ii7 a reference to the legal authority under which the rule is proposed2 7iii7 the text of the proposed rule2 7iv7 a summary of information known to the agency concerning the considerations described in subsection 7b72 7v7 a reasoned preliminary explanation regarding how the proposed rule meets the statutory objectives2 and 7vi7 if applicable1 a completed ,regulatory ,transparency ,form as described in subsection 7j74 7#b7 ,public comment 7,a7 ,in general ,after publishing a notice of proposed rulemaking1 an agency shall provide interested persons an opportunity to participate in the rulemaking through the submission of written material1 data1 views1 or arguments with or without opportunity for oral presentation4 7,b7 ,timeline ,an agency shall provide not less than #cj days1 or1 with respect to a proposed major rule1 not less than #ij days1 for interested persons to submit written material1 data1 views1 or arguments4 7,c7 ,publication in docket ,all material submitted under this paragraph shall be made accessible to the public and promptly placed in the docket required under paragraph 7#a77;,a7 for the rule1 except with respect to material that is exempt from disclosure under section #eeb7;b74 7#c7 ,change of classification after publication of notice ,if1 after an agency submits the notification and publishes the notice required under paragraph 7#a71 a proposed rule is determined to be a major rule1 the agency shall-- 7,a7 publish a notice in the ,federal ,register with respect to the change of the classification of the rule2 and 7,b7 allow interested persons an additional opportunity of the greater of an additional #cj days or a total of #ij days1 including the original comment period for the rule1 to comment on-- 7i7 the rule2 and 7ii7 the change of the classification of the rule4 7e7 ,final rules ,when an agency adopts a final rule1 the agency shall publish a notice of final rulemaking in the ,federal ,register1 which shall include-- 7#a7 a concise1 general statement of the basis and purpose of the rule2 7#b7 a reasoned determination by the agency regarding the considerations described in subsection 7b72 7#c7 with respect to a major rule-- 7,a7 a reasoned determination by the agency that the rule fulfills the statutory objectives2 7,b7 the framework for assessing the major rule1 as described in subsection 7i72 and 7,c7 if applicable1 a completed ,regulatory ,transparency ,form as described in subsection 7j72 and 7#d7 a response to each significant issue raised in the comments on the proposed rule4 7f7 ,exemptions 7#a7 ,good cause 7,a7 ,in general ,if an agency for good cause finds that compliance with subsection 7c71 7d71 or 7e7 before issuing a final rule is unnecessary1 impracticable1 or contrary to the public interest1 that subsection shall not apply and the agency may issue the final rule4 7,b7 ,incorporation of good cause finding ,if an agency makes a finding under subparagraph 7,a71 the agency shall include that finding and a brief statement with respect to the reasons for that finding in the final rule issued by the agency4 7#b7 ,other rules and statements of policy ,except as otherwise required by law1 this section shall not apply to general statements of policy or rules of agency organization1 procedure1 or practice4 7#c7 ,interim rules 7,a7 ,in general ,if an agency for good cause finds1 and incorporates the finding and a brief statement of reasons for the finding in the rule issued1 that compliance with subsections 7c71 7d71 and 7e7 before the issuance of an interim rule is unnecessary1 such subsections shall not apply and the agency may issue an interim rule4 7,b7 ,impracticability ,if an agency for good cause finds1 and incorporates the finding and a brief statement of reasons for the finding in the rule issued1 that compliance with subsections 7c71 7d71 and 7e7 before the issuance of an interim rule is impracticable or contrary to the public interest1 such subsections shall not apply to the adoption of an interim rule by the agency4 7,c7 ,procedures for adopting interim major rule 7i7 ,in general ,if1 after complying with subparagraph 7,a7 or 7,b71 an agency adopts an interim rule1 the agency shall commence proceedings that comply with subsections 7c71 7d71 and 7e7 immediately upon publication of the interim rule4 7ii7 ,timeline ,beginning on the date that is #bgj days after the date on which an agency adopts an interim major rule1 the interim major rule shall have no force or effect if the agency does not-- 7,i7 rescind the interim major rule2 7,,ii7 initiate rulemaking in accordance with subsections 7c71 7d71 and 7e72 or 7,,iii7 take final action to adopt a final major rule4 7#d7 ,monetary policy ,this section shall not apply to any rulemaking or guidance that concerns monetary policy proposed or implemented by the ,board of ,governors of the ,federal ,reserve ,system or the ,federal ,open ,market ,committee4 7g7 ,date of publication of rule ,a final substantive rule shall be published in the ,federal ,register not later than #cj days or1 in the case of a major rule1 #fj days1 before the effective date of the rule1 except as otherwise provided by an agency for good cause and as published with the rule4 7h7 ,right ,to petition and review of rules ,each agency shall-- 7#a7 give interested persons the right to petition for the issuance1 amendment1 or repeal of a rule2 and 7#b7 on a continuing basis1 permit interested persons to submit1 by electronic means1 suggestions for rules that warrant retrospective review and possible modification or repeal4 7i7 ,major rule frameworks 7#a7 ,in general ,beginning on the date that is #ahj days after the date of enactment of this subsection1 when an agency publishes in the ,federal ,register-- 7,a7 a proposed major rule1 the agency shall include a potential framework for assessing the rule1 which shall include a general statement of how the agency intends to measure how well the rule meets the regulatory objectives of the rule2 or 7,b7 a final major rule1 the agency shall include a framework for assessing the rule under paragraph 7#b71 which shall include-- 7i7 a clear statement of the regulatory objectives of the rule1 including a summary of the benefit and cost of the rule to the extent the costs and benefits of the rule were analyzed2 7ii7 the methodology by which the agency plans to analyze the rule1 including metrics by which the agency would measure-- 7,i7 the extent to which the rule is meeting the regulatory and statutory objectives of the rule2 7,,ii7 the benefits achieved by the rule2 and 7,,iii7 the impacts1 including any costs1 of the rule on regulated entities and other impacted entities2 7iii7 a plan for gathering data regarding the metrics and requirements for regulated entities to submit data described in clause 7ii7 on an ongoing basis1 or at periodic times1 including a method by which the agency will invite the public to participate in the review process and seek input from other agencies2 and 7iv7 a specific timeframe1 as appropriate to the rule and not more than #aj years after the effective date of the rule1 under which the agency shall conduct the assessment of the rule in accordance with paragraph 7#b77;,a74 7#b7 ,assessment 7,a7 ,in general ,each agency shall assess the data collected under paragraph 7#a77;,b77iii71 using the methodology set forth in paragraph 7#a77;,b77ii7 or any other appropriate methodology developed after the issuance of a final major rule to better determine whether the regulatory objective was achieved1 with respect to the rule-- 7i7 to analyze how the actual benefits and costs of the rule may have varied from those anticipated at the time the rule was issued2 and 7ii7 to determine whether-- 7,i7 the rule is accomplishing the regulatory objective of the rule2 7,,ii7 the rule has been rendered unnecessary1 taking into consideration-- 7aa7 changes in the subject area affected by the rule2 and 7bb7 whether the rule overlaps with or duplicates-- 7,,aa7 other rules2 or 7,,bb7 to the extent feasible1 ,state and local government regulations2 7,,iii7 the rule needs to be modified in order to accomplish the regulatory objective2 7,,iv7 other alternatives to the rule or modification of the rule could better achieve the regulatory objective while maximizing net benefits2 and 7,v7 an additional assessment of the rule in accordance with this subparagraph is appropriate at a specific time during the #aj-year period following completion of the assessment4 7,b7 ,different methodology ,if an agency uses a methodology other than the methodology under paragraph 7#a77;,b77ii7 to assess data under subparagraph 7,a71 the agency shall include as part of the notice required to be published under subparagraph 7,c7 an explanation of the changes in circumstances that warranted the use of that other methodology4 7,c7 ,publication ,not later than #ahj days after the date on which an agency completes an assessment of a major rule under subparagraph 7,a71 the agency shall publish a notice of availability of the results of the assessment in the ,federal ,register1 including the specific time for any subsequent assessment of the rule under subparagraph 7,c77i71 if applicable4 7#c7 ,,oira oversight ,the ,administrator shall-- 7,a7 issue guidance1 based on models developed by the ,national ,academy for ,public ,administration under the ,cost-,benefit ,analysis ,improvement ,act of #bjag for agencies regarding the development of the framework under paragraph 7#a7 and the conduct of the assessments under paragraph 7#b77;,a72 7,b7 oversee the timely compliance of agencies with this subsection2 7,c7 ensure that the results of each assessment conducted under paragraph 7#b77;,a7 are-- 7i7 published promptly on a centralized ,federal website2 and 7ii7 noticed in the ,federal ,register in accordance with paragraph 7#b77;,d72 7,d7 encourage and assist agencies to streamline and coordinate the assessment of major rules with similar or related regulatory objectives2 7,e7 exempt an agency from including the framework required under paragraph 7#a77;,b7 when publishing a final major rule if the ,administrator determines that compliance with paragraph 7#a77;,b7 is unnecessary1 impracticable1 or contrary to the public interest2 and 7,f7 extend the deadline specified by an agency for an assessment of a major rule under paragraph 7#a77;,b77iv7 or paragraph 7#b77;,c77i77,i7 for a period of not more than #ij days if the agency justifies why the agency is unable to complete the assessment by that deadline4 7#d7 ,rule of construction ,nothing in this subsection shall be construed to affect-- 7,a7 the authority of an agency to assess or modify a major rule of the agency earlier than the end of the timeframe specified for the rule under paragraph 7#a77;,b77iv72 or 7,b7 any other provision of law that requires an agency to conduct retrospective reviews of rules issued by the agency4 7#e7 ,applicability 7,a7 ,in general ,this subsection shall not apply to-- 7i7 a major rule of an agency-- 7,i7 that was issued before the date of enactment of this subsection2 7,,ii7 that the ,administrator reviewed before the date of enactment of this subsection2 7,,iii7 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 subsection1 as determined by the ,administrator2 or 7,,iv7 for which the authorizing statute is subject to periodic reauthorization by ,congress not less frequently than once every #aj years2 7ii7 interpretative rules1 general statements of policy1 or rules of agency organization1 procedure1 or practice2 7iii7 routine and administrative rules2 or 7iv7 a rule that is subject to review under section #bbbb of the ,economic ,growth and ,regulatory ,paperwork ,reduction ,act of #aiif 7#ab ,u4,s4,c4 #ccaa74 7,b7 ,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 rulemaking in response to an emergency or a statutorily imposed deadline1 the agency shall publish the framework required under paragraph 7#a77;,b7 in the ,federal ,register not later than #ahj days after the date on which the agency publishes the rule4 7#f7 ,recommendations to congress ,if1 under an assessment conducted under paragraph 7#b71 an agency determines that a major rule should be modified or repealed1 the agency may submit to ,congress recommendations for legislation to amend applicable provisions of law if the agency is prohibited from modifying or repealing the rule under another provision of law4 7#g7 ,judicial review 7,a7 ,in general ,judicial review of agency compliance with this subsection is limited to whether an agency-- 7i7 published the framework for assessment of a major rule under paragraph 7#a72 or 7ii7 completed and published the required assessment of a major rule under subparagraphs 7,a7 and 7,d7 of paragraph 7#b74 7,b7 ,remedy available ,in granting relief in an action brought under subparagraph 7,a71 a court may only issue an order remanding the major rule1 as applicable1 to the agency to comply with paragraph 7#a7 or subparagraph 7,a7 or 7,d7 of paragraph 7#b71 as applicable4 7,c7 ,effective date of major rule ,if1 in an action brought under subparagraph 7,a77i71 a court determines that the agency did not comply1 the major rule1 as applicable1 shall take effect notwithstanding any order issued by the court4 7,d7 ,administrator ,any determination1 action1 or inaction of the ,administrator under this subsection shall not be subject to judicial review4 7j7 ,uniform ,regulatory ,transparency ,form 7#a7 ,establishment ,not later than #abj days after the date of enactment of this subsection1 the ,administrator shall establish a single1 uniform regulatory impact analysis disclosure form titled the ,regulatory ,transparency ,form for each major rule under this section for which the agency conducts a cost-benefit analysis4 7#b7 ,purpose ,the purpose of the ,regulatory ,transparency ,form shall be to increase transparency in the rulemaking process by providing information regarding the assessment of costs1 benefits1 risks1 and uncertainties by an agency using readily understandable and consistent language4 7#c7 ,content ,the ,regulatory ,transparency ,form shall-- 7,a7 utilize an easily-readable typeface and font1 not to exceed a single page front and back2 and 7,b7 include1 with respect to a proposed or final major rule-- 7i7 total undiscounted monetized costs and benefits2 7ii7 total monetized costs and benefits discounted at not less than #c appropriate discount rates2 7iii7 an estimate of the degree of certainty for all monetized undiscounted and discounted costs and benefits2 7iv7 a list of all non-monetized costs and benefits2 and 7v7 any other information as determined by the ,administrator4 7#d7 ,implementation 7,a7 ,in general ,the ,administrator shall-- 7i7 develop and coordinate the implementation of the ,regulatory ,transparency ,form2 7ii7 issue guidelines for agencies to follow when completing the ,regulatory ,transparency ,form2 and 7iii7 provide direction to ,executive agencies 7as defined in section #aje7 with respect to the requirements of this subsection4 7,b7 ,updates ,to ensure that agencies use the best available techniques to quantify and evaluate anticipated present and future benefits1 costs1 other economic issues1 and risks as accurately as possible in the ,regulatory ,transparency ,form1 the ,administrator shall periodically update any rules1 policies1 procedures1 and guidelines established under subparagraph 7,a74 7#e7 ,rule of construction ,nothing in this subsection shall be construed to require an agency to conduct an analysis of the benefits and costs of a proposed rule for which there was no requirement to conduct such an analysis4 4 ,,ii ,pilot ,commission on ,retrospective ,review #bja4 ,short title ,this title may be cited as the ,pilot ,retrospective ,review ,commission ,act of #bjag4 #bjb4 ,definitions ,in this title3 7#a7 ,commission ,the term ,commission means the ,pilot ,regulatory ,review ,commission established under section #bjc4 7#b7 ,covered regulation ,the term covered regulation means a regulation impacting the transportation sector that has been in effect for not less than #aj years before the date on which the ,commission is established4 7#c7 ,covered regulatory agency ,the term covered regulatory agency means an agency1 as defined in section #cejb of title #dd1 ,united ,states ,code1 that has the authority to issue a regulation that impacts the transportation sector4 7#d7 ,regulation ,the term regulation means a rule1 as defined in section #eea of title #e1 ,united ,states ,code4 #bjc4 ,establishment of commission 7a7 ,establishment ,there is established in the legislative branch a commission to be known as the ,pilot ,regulatory ,review ,commission4 7b7 ,membership 7#a7 ,composition ,the ,commission shall be composed of #ab members1 of whom-- 7,a7 #c members shall be appointed by the majority leader of the ,senate2 7,b7 #c members shall be appointed by the minority leader of the ,senate2 7,c7 #c members shall be appointed by the ,speaker of the ,house of ,representatives2 and 7,d7 #c members shall be appointed by the minority leader of the ,house of ,representatives4 7#b7 ,date ,the appointment of the members of the ,commission shall be made not later than #fj days after the date of enactment of this ,act4 7#c7 ,qualifications ,members appointed to the ,commission shall be citizens of the ,united ,states with a significant depth of experience and responsibilities in matters relating to regulation of the transportation sector1 government service1 regulatory policy1 economics1 science1 ,federal agency management1 public administration1 and law4 7#d7 ,chair ,at the first meeting of the ,commission1 a majority of the members of the ,commission present and voting shall elect the ,chair of the ,commission4 7c7 ,period of appointment2 vacancies ,members shall be appointed for the life of the ,commission4 ,any vacancy in the ,commission shall not affect the powers of the ,commission1 but shall be filled in the same manner as the original appointment4 7d7 ,initial meeting ,not later than #cj days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold the first meeting of the ,commission4 7e7 ,meetings ,the ,commission shall meet at the call of the ,chair and shall be open to the public4 7f7 ,quorum ,eight members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 7g7 ,nonapplicability of the ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,commission4 7h7 ,applicability of certain ethics rules ,members of the ,commission shall be considered special ,government employees1 as defined in section #bjb of title #ah1 ,united ,states ,code4 #bjd4 ,duties of the commission 7a7 ,purpose ,the purpose of the ,commission is to evaluate and provide recommendations for modification1 consolidation1 or repeal of covered regulations with the aim of streamlining regulatory compliance by reducing compliance costs1 encouraging growth and innovation1 and improving competitiveness while continuing to protect public health and safety and maximize net public benefit4 7b7 ,requirements ,in carrying out subsection 7a71 the ,commission shall-- 7#a7 give consideration in its analysis of covered regulations to those that-- 7,a7 impose disproportionately high costs on a small entity 7as defined in section #fja of title #e1 ,united ,states ,code72 7,b7 create substantial recurring paperwork burdens or transaction costs2 7,c7 could better meet regulatory objectives2 or 7,d7 overlap1 duplicate1 or conflict with other ,federal1 ,state1 or local law2 7#b7 solicit and review comments from the public on the covered regulations described in this section2 and 7#c7 develop a set of covered regulations to recommend be modified1 consolidated1 or repealed to be submitted to agencies for agency and congressional review in accordance with subsection 7i74 7c7 ,public comments 7#a7 ,in general ,not later than #fj days after the date of the initial meeting of the ,commission1 the ,commission shall initiate a public comment period of not less than #abj days to solicit and collect written recommendations from the general public1 interested parties1 ,federal agencies1 and other relevant entities regarding which covered regulations should be examined4 7#b7 ,review and publication ,at the end of the period for the submission of recommendations under this subsection1 the commission shall review all submitted recommendations and all recommendations shall be published on the website of the ,commission and summarized in the ,federal ,register4 7d7 ,commission outreach ,during the public comment period described in subsection 7c71 the ,commission shall conduct public outreach to better inform the members of the ,commission of the interest of the public and possible contributions to the work of the ,commission4 7e7 ,examination of regulations and initial report 7#a7 ,process for examination ,in examining covered regulations under this section1 the ,commission shall determine the progress of each covered regulation in achieving the stated policy goals1 by using multiple resources1 to the extent practicable1 including-- 7,a7 quantitative metrics analyzing the costs and benefits of the covered regulation2 7,b7 a qualitative description of the costs and benefits of the covered regulation2 7,c7 testimony from agency and outside experts and impacted communities2 and 7,d7 research from the staff of the ,commission4 7#b7 ,deadline ,not later than #b years after the date on which the ,commission convenes under section #bjc7;d71 the ,commission shall complete an examination of covered regulations and publish a report1 which shall be approved by not fewer than #h members of the ,commission1 and include-- 7,a7 the findings and conclusions of the ,commission for the improvement of covered regulations examined by the ,commission2 and 7,b7 a list of recommendations for changes to the covered regulations examined by the ,commission1 which may include recommendations for modification1 consolidation1 or repeal of such covered regulations2 7,c7 a list of any recommended statutory changes for ,congress to consider2 and 7,d7 to the extent possible1 the estimated cost or savings associated with each recommendation4 7#c7 ,public comment period ,during the #ij-;day period beginning on the date on which the report required under paragraph 7#b7 is published1 the ,commission shall-- 7,a7 solicit comments from the public on such report1 using the same process established under subsection 7c72 and 7,b7 publish any comments received under subparagraph 7,a7 on the website of the ,commission and summarize the comments in the ,federal ,register4 7f7 ,final report 7#a7 ,in general ,not later than #ahj days after the date on which the #ij-;day period described in subsection 7e77#c7 ends1 the ,commission shall-- 7,a7 review any comments received under subsection 7e77#c72 7,b7 incorporate any relevant comments received under subsection 7e77#c7 into the report2 and 7,c7 submit the revised report to ,congress and the head of each covered regulatory agency4 7#b7 ,review by agency ,not later than #ahj days after the date on which a revised report is submitted under paragraph 7#a77;,c71 the head of each covered regulatory agency shall-- 7,a7 conduct a review of the relevant recommendations in the report2 and 7,b7 submit a report to the appropriate committees of ,congress on the review conducted under subparagraph 7,a71 which shall include-- 7i7 an explanation of which recommendations the head of the agency approves of and disapproves of2 and 7ii7 a timeline for implementation of the recommendations approved by the head of the agency under clause 7i74 #bje4 ,powers of the commission 7a7 ,hearings ,the ,commission may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers advisable to carry out this title4 7b7 ,postal services ,the ,commission may use the ,united ,states mails in the same manner and under the same conditions as other departments and agencies of the ,federal ,government4 7c7 ,space for use of commission 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,administrator of ,general ,services shall support on a reimbursable basis the operations of the ,commission1 including the identification of suitable space to house the ,commission4 7#b7 ,lease ,if the ,administrator is not able to make such suitable space available within the #fj-;day period described in paragraph 7#a71 the ,commission shall lease space to the extent that funds are available4 #bjf4 ,commission personnel matters 7a7 ,compensation of members ,each member of the ,commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which such member is engaged in the performance of the duties of the ,commission4 7b7 ,travel expenses ,the members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7c7 ,staff ,the ,chair of the ,commission may appoint and terminate an executive director and such other additional personnel as may be necessary to enable the ,commission to perform its duties4 ,the employment of an executive director shall be subject to confirmation by the ,commission4 7d7 ,procurement of temporary and intermittent services ,the ,chair of the ,commission may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level ,v of the ,executive ,schedule under section #ecaf of such title4 7e7 ,contracting authority ,the ,commission may acquire administrative supplies and equipment for ,commission use to the extent funds are available4 7f7 ,administrative support ,upon the request of the ,commission1 the ,administrator of ,general ,services shall provide to the ,commission1 on a reimbursable basis1 the administrative support services necessary for the ,commission to carry out its responsibilities under this ,act4 #bjg4 ,termination of the commission ,the ,commission shall terminate #ij days after the date on which the ,commission submits the final report required under section #bjd7;f74 #bjh4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated such sums as may be necessary to the ,commission to carry out this title4 7b7 ,availability ,any sums appropriated under the authorization contained in this section shall remain available1 without fiscal year limitation1 until the termination of the ,commission4 #bji4 ,,gao report ,not later than #ah months after the date on which the ,commission submits the final report required under section #bjd7;f71 the ,government ,accountability ,office shall issue a report to ,congress on the effectiveness of the final report on streamlining regulatory standards within the transportation sector and make a recommendation on what other sectors1 if any1 could be expected to benefit from a similar evaluation and report conducted by a commission4 ,,iii ,plain ,writing ,act for ,regulations #cja4 ,short title ,this title may be cited as the ,plain ,writing ,act for ,regulations ,act of #bjag4 #cjb4 ,purpose ,the purpose of this title is to require that ,federal regulations use plain writing1 to enhance public understanding of regulations1 and to increase the level of public participation in the rulemaking process4 #cjc4 ,definitions ,in this title3 7#a7 ,agency ,the term agency-- 7,a7 means an ,executive agency1 as defined in section #aje of title #e1 ,united ,states ,code2 and 7,b7 does not include an agency that is required to comply with section #gbb of the ,gramm-,leach-,bliley ,act 7#ab ,u4,s4,c4 #dhji74 7#b7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#c7 ,plain writing ,the term plain writing means writing that is clear1 concise1 and well-organized1 and follows other best practices appropriate to the subject or field and intended audience4 7#d7 ,regulation ,the term regulation means a rule1 as defined in section #eea of title #e1 ,united ,states ,code1 that is issued by an agency4 7#e7 ,rulemaking ,the term rulemaking has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 #cjd4 ,responsibilities of ,federal agencies 7a7 ,preparation for implementation of plain writing requirements for regulations 7#a7 ,in general ,not later than #i months after the date of enactment of this ,act1 the head of each agency shall-- 7,a7 designate a senior official within the agency to oversee the implementation of this title by the agency2 7,b7 ensure that the obligation of the agency to use plain writing in no way diminishes the ability of the agency to perform scientific analyses or technical analyses1 or disclose scientific data or technical data or any other findings1 that are required to be performed or disclosed under subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 or any other provision of law2 7,c7 communicate the requirements of this title to the employees of the agency2 7,d7 train employees of the agency to write regulations using plain writing2 7,e7 establish a process for overseeing the ongoing compliance of the agency with the requirements of this title2 and 7,f7 designate an employee of the agency to serve as a point of contact to receive and respond to public input on-- 7i7 the implementation of this title by the agency2 and 7ii7 the agency reports required under section #cjf4 7#b7 ,individuals designated ,the individual designated under subparagraph 7,a7 or 7,f7 of paragraph 7#a7 may be the same individual designated to carry out similar functions under the ,plain ,writing ,act of #bjaj 7#e ,u4,s4,c4 #cja note74 7b7 ,requirement ,to use plain writing in new and revised regulations ,not later than #ab months after the date of enactment of this ,act1 each agency shall use plain writing to the extent feasible and in accordance with the guidance issued by the ,director under the ,plain ,writing ,act of #bjaj 7#e ,u4,s4,c4 #cja note7 in each proposed or final regulation issued or substantially revised by the agency4 7c7 ,certification of compliance ,for each proposed or final regulation issued by an agency1 the head of the agency shall certify to the ,director that the rulemaking documents relating to the regulation use plain writing4 7d7 ,exemption from certain information collection provisions ,an agency action to collect information from the public about a regulation is exempt from the information collection provisions of sections #cejf7;c7 and #cejg of title #dd1 ,united ,states ,code1 if the head of the agency certifies that the sole reason for the information collection is to improve the clarity of the regulation in accordance with this title4 #cje4 ,responsibilities of the ,director of the ,office of ,management and ,budget 7a7 ,guidance 7#a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,director shall develop and issue guidance on implementing the requirements of this title that ensures that the head of each agency understands that the obligation of the agency to use plain writing does not in any way diminish the ability of the agency to perform scientific analyses or technical analyses1 or disclose scientific data or technical data or any other findings1 that are required to be performed or disclosed by chapter #e of title #e1 ,united ,states ,code1 or any other provision of law4 7#b7 ,lead agency and interagency working groups ,the ,director may designate a lead agency1 and may use interagency working groups to assist in developing and issuing the guidance under paragraph 7#a74 7b7 ,publication of certifications ,the ,director shall publish each certification required under section #cjd7;c7 on the official website of the ,office of ,management and ,budget4 #cjf4 ,reports 7a7 ,initial report ,not later than #i months after the date of enactment of this ,act1 the head of each agency shall publish on the plain writing section of the website of the agency created under the ,plain ,writing ,act of #bjaj 7#e ,u4,s4,c4 #cja note7 a report that describes the agency plan for compliance with the requirements of this title4 7b7 ,annual compliance report ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter1 the head of each agency shall publish on the plain writing section of the website of the agency a report on the compliance of the agency with the requirements of this title4 7c7 ,,gao report ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter1 the ,comptroller ,general of the ,united ,states shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives that-- 7#a7 evaluates the extent to which regulations use plain writing1 by conducting a survey of different intended audiences for a representative sample of major regulations that measures-- 7,a7 the level of comprehension of each respondent for each regulation2 and 7,b7 the satisfaction of each respondent with the plain writing used in each regulation1 focusing on whether the regulation uses writing that is clear1 concise1 and well-organized1 and follows other best practices appropriate to the subject or field and intended audience of the regulation2 7#b7 assesses the extent to which plain writing helped increase the level of public participation in the rulemaking process2 and 7#c7 provides recommendations to-- 7,a7 improve compliance with the requirements of this title2 and 7,b7 better use plain writing to enhance public understanding of regulations and increase public participation in the rulemaking process4 #cjg4 ,judicial review and enforceability 7a7 ,judicial review ,there shall be no judicial review of compliance or noncompliance with any provision of this title4 7b7 ,enforceability ,no provision of this title may be construed to create any right or benefit1 substantive or procedural1 enforceable by any administrative or judicial action4 ,,iv ,,oira ,transparency #dja4 ,short title ,this title may be cited as the ,office of ,information and ,regulatory ,affairs ,transparency ,act of #bjag4 #djb4 ,definitions ,in this title3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,,oira4 7#b7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#c7 ,covered individual ,the term covered individual means-- 7,a7 an individual who is not employed by the ,federal ,government2 or 7,b7 an individual who is-- 7i7 employed by the ,federal ,government2 and 7ii7 a representative of a ,federal ,government entity that may be regulated by a regulatory action under review by ,,oira4 7#d7 ,,oira ,the term ,,oira means the ,office of ,information and ,regulatory ,affairs1 as defined in section #eea of title #e1 ,united ,states ,code1 as added by section #ajb of this ,act4 7#e7 ,regulatory action ,the term regulatory action means any substantive action by an agency that promulgates or is expected to lead to the promulgation of a final rule1 including a notice of inquiry1 an advanced notice of proposed rulemaking1 and a notice of proposed rulemaking4 7#f7 ,rule2 rulemaking ,the terms rule and rulemaking have the meanings given those terms in section #eea of title #e1 ,united ,states ,code4 #djc4 ,purpose ,the purpose of this title is to ensure greater openness1 accessibility1 and accountability in the regulatory review process4 #djd4 ,transparency ,except as otherwise provided by law or required by a court-- 7#a7 the ,administrator shall-- 7,a7 ensure that in all substantive communications between ,,oira personnel and covered individuals relating to a regulatory action under review by ,,oira-- 7i7 a representative from the agency issuing the regulatory action shall be invited to any meeting between ,,oira personnel and any covered individual2 and 7ii7 all written communications1 regardless of format1 between ,,oira personnel and covered individuals are forwarded to the agency issuing the regulatory action not later than #aj working days after receiving the date on which ,,oira receives the written communication2 and 7,b7 maintain a publicly available log that shall contain1 with respect to each regulatory action under review by ,,oira-- 7i7 the status of the regulatory action1 including if input from the ,president or the ,vice ,president was requested1 and if so1 when and by whom2 7ii7 a log of all written communications forwarded to the agency issuing the regulatory action under subparagraph 7,a77ii72 and 7iii7 information on each substantive oral communication between ,,oira personnel and any covered individual1 including meetings and telephone conversations1 relating to the regulatory action1 which shall include-- 7,i7 the name of each covered individual involved in the oral communication2 7,,ii7 the date of the oral communication2 and 7,,iii7 a summary of all substantive matters discussed during the oral communication2 and 7#b7 after a final rule of an agency is published in the ,federal ,register or otherwise issued to the public by an agency1 the agency shall-- 7,a7 make available to the public the draft proposed rule initially provided to ,,oira for review2 7,b7 identify for the public the substantive changes between the draft proposed rule submitted to ,,oira and the final rule2 and 7,c7 identify for the public those changes in the final rule that were made at the suggestion or recommendation of ,,oira4 ,v ,cost-,benefit ,analysis ,improvement #eja4 ,short title ,this title shall be cited as the ,cost-,benefit ,analysis ,improvement ,act of #bjag4 #ejb4 ,definitions ,in this title3 7#a7 ,agency2 major rule2 rule2 rulemaking ,the terms agency1 major rule1 rule1 rulemaking have the meanings given those terms in section #eea of title #e1 ,united ,states ,code4 7#b7 ,national ,academy ,the term ,national ,academy means the ,national ,academy of ,public ,administration4 #ejc4 ,cost-benefit study 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,administrator of ,general ,services shall contract with the ,national ,academy to publish a study of cost-benefit analyses to-- 7#a7 conduct a review of cost-benefit analyses to determine-- 7,a7 how effective the analyses were at anticipating the costs1 benefits1 and other and impacts of major rules2 7,b7 what improvements could be made to achieve more accurate analyses going forward2 and 7,c7 best practices for retrospective assessments of rules to be used as a model framework in future rulemakings as outlined under section #eec7;i7 of title #e1 ,united ,states ,code1 as added by section #ajc of this ,act2 and 7#b7 issue the report required under subsection 7c74 7b7 ,scope of study ,the study required under subsection 7a77#a7 shall-- 7#a7 review1 based on recommendations from the public and agencies1 existing documentation as of the date of enactment of this ,act on the costs and benefits associated with #bj major rules for which a cost-benefit analysis was conducted from across the regulatory spectrum that have been in effect for not less than #aj years2 7#b7 with respect to each major rule reviewed in the study1 include a comparison of the cost-benefit analysis prepared by the agency that promulgated the major rule with-- 7,a7 an analysis of the criticism of the cost-benefit analysis by the proponents and opponents of the major rule during the rulemaking2 7,b7 what opponents and proponents of the major rule predicted would be the cost and benefits of the major rule2 and 7,c7 as of the date on which the study is conducted1 the cost and benefits of the implementation of the major rule2 and 7#c7 review key factors for the accurate analysis of costs and benefits and best practices for the retrospective assessment of rules issued after the date of enactment of this ,act4 7c7 ,report ,not later than #ah months after the date on which the ,administrator of ,general ,services contracts with the ,national ,academy under subsection 7a71 the ,national ,academy shall submit to ,congress and the ,president a report that contains-- 7#a7 the findings of the study conducted under subsection 7a77#a72 7#b7 model frameworks for agency assessments under section #eec7;i7 of title #e1 ,united ,states ,code2 and 7#c7 any recommendations the ,national ,academy determines are necessary or desirable4