,,ii #aaeth ,,congress #ast ,session ,s4 #fgf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjag,mr4 ,rounds introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #dd1 ,united ,states ,code1 to require the ,administrator of the ,office of ,information and ,regulatory ,affairs to review regulations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,oira ,insight1 ,reform1 and ,accountability ,act4 #b4 ,office of information and regulatory affairs 7a7 ,amendment ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 is amended by adding at the end the following3 #cebb4 ,office of ,information and ,regulatory ,affairs ,regulatory ,working ,group2 regulatory plan2 ,unified ,agenda 7a7 ,regulatory working group 7#a7 ,establishment2 members ,the ,administrator shall convene a working group to be known as the ,regulatory ,working ,group1 whose members shall consist of the following3 7,a7 ,the ,administrator4 7,b7 ,representatives selected by the head of each agency that the ,administrator determines to have significant domestic regulatory responsibility4 7,c7 ,other executive branch officials as designated by the ,administrator4 7#b7 ,chair ,the ,chair of the ,regulatory ,working ,group shall be the ,administrator1 who shall periodically advise ,congress on the activities of the ,regulatory ,working ,group4 7#c7 ,purpose ,the ,regulatory ,working ,group shall serve as a forum to assist agencies in identifying and analyzing important regulatory issues1 including1 at a minimum-- 7,a7 the development of innovative regulatory techniques2 7,b7 the methods1 efficacy1 and utility of comparative risk assessment in regulatory decisionmaking2 7,c7 the development of streamlined regulatory approaches for small businesses and other entities2 and 7,d7 the methods used to ensure agencies coordinate with ,state1 local1 and tribal governments4 7#d7 ,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 areas4 7#e7 ,analytical studies ,to inform the discussion of the ,regulatory ,working ,group1 the ,regulatory ,working ,group may request analytical studies and reports by the ,office of ,information and ,regulatory ,affairs1 the ,administrative ,conference of the ,united ,states1 or any other agency4 7b7 ,regulatory plan 7#a7 ,in general 7,a7 ,deadline for and description of regulatory plan ,not later than ,june #a of each year1 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 7#b74 ,the regulatory plan shall also contain1 at a minimum1 the following3 7i7 ,a statement of the regulatory objectives and priorities of the agency4 7ii7 ,a summary of each planned significant regulatory action including1 to the extent possible1 alternatives to be considered and preliminary estimates of the anticipated costs and benefits of such action4 7iii7 ,a summary of the legal basis for each such action1 including whether any aspect of the action is required by statute or court order4 7iv7 ,a statement of the need for each such action and1 if applicable1 how the action will reduce risk to public health1 safety1 or the environment1 as well as how the magnitude of the risk addressed by the action relates to any other risk within the jurisdiction of the agency4 7v7 ,a summary of the agency's plan to coordinate with ,state1 local1 and tribal governments throughout the regulatory process4 7vi7 ,a description of any action taken by the agency to ensure that each planned significant regulatory action is not duplicative or conflicting with any other existing or planned regulatory action4 7vii7 ,the schedule for each such action1 including a statement of any applicable statutory or judicial deadline4 7viii7 ,the name1 email address1 and telephone number of a knowledgeable agency employee the public may contact for additional information about each such action4 7,b7 ,circulation of regulatory plan ,not later than #aj days after receiving the regulatory plan under subparagraph 7,a71 the ,administrator shall circulate the regulatory plan to any other agency the ,administrator determines may be affected by the plan4 7,c7 ,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 agency4 ,the ,administrator shall forward any notification received under this subparagraph to the other agency involved4 7,d7 ,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 agency4 7,e7 ,requirement to publish in ,unified ,agenda ,each regulatory plan submitted by the head of an agency under subparagraph 7,a7 shall be included in the ,october publication of the ,unified ,agenda described under subsection 7c74 7#b7 ,retrospective review 7,a7 ,list of outdated regulations ,the head of each agency shall include in the regulatory plan submitted under paragraph 7#a77;,a7 a list of regulations that have been identified by the agency 7including any comments submitted to the agency7 as unjustified1 unnecessary1 duplicative of other regulations or laws1 inappropriately burdensome1 or otherwise recommended for removal4 7,b7 ,description of retrospective review ,the head of each agency shall include in the regulatory plan submitted under paragraph 7#a77;,a7 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 regulations4 ,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 circumstances4 7,c7 ,,oira ,coordinated ,review ,the head of each agency shall submit the program descriptions required in subparagraph 7,b7 to the ,administrator4 ,the ,administrator shall work with other interested entities and agencies1 including through the processes established under subsection 7d71 to review the list of regulations identified under subparagraph 7,a7 and such entities may assist ,,oira and the agencies with identifying regulations or groups of regulations that-- 7i7 impose significant or unique burdens on governmental entities and that are no longer justified2 or 7ii7 affect a particular group1 industry1 or sector of the economy4 7c7 ,unified ,agenda 7#a7 ,submission of regulations under development or review ,not later than ,march #ae and ,september #ae of each year1 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 section4 ,each agenda shall include1 to the extent practicable1 the following3 7,a7 ,for each regulation-- 7i7 a regulation identifier number2 7ii7 a brief summary of the regulation2 7iii7 a citation to the legal authority to issue the regulation2 7iv7 any legal deadline for the issuance of the regulation2 7v7 the name and phone number for a knowledgeable agency employee2 and 7vi7 the stage of review for issuing the regulation4 7,b7 ,for each regulation expected to be promulgated within the following #ah months-- 7i7 a determination of whether the regulation is expected to be a significant regulatory action or an economically significant regulatory action2 7ii7 any available clear summary of the expected costs or benefits2 and 7iii7 efforts to coordinate with ,state1 local1 and tribal governments4 7,c7 ,for any regulation included in the immediately previous agenda1 an explanation of why the regulation is no longer included4 7#b7 ,publication of ,unified ,agenda required ,not later than ,april #ae and ,october #ae of each year1 the ,administrator shall compile and publish online each agenda received under paragraph 7#a7 7to be known as the ,unified ,agenda74 7#c7 ,guidance 7,a7 ,in general ,the ,administrator shall issue guidance for agencies on the manner of submission under this subsection and on meeting the requirements of this subsection1 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 7#a74 7,b7 ,updates ,the ,administrator shall periodically review compliance with this section and issue guidance or recommendations to assist agencies in complying with this section4 7d7 ,coordination with ,state1 local1 and tribal governments and the public 7#a7 ,state1 local1 and tribal governments ,the ,administrator shall meet not less than quarterly with representatives of ,state1 local1 and tribal governments to identify both existing and proposed regulations and policies that may uniquely or significantly affect those government entities4 7#b7 ,public ,the ,administrator shall periodically convene conferences with representatives of businesses1 nongovernmental organizations1 and the public to discuss regulatory issues of common concern4 7e7 ,best practices ,the ,administrator shall1 in consultation with the ,regulatory ,working ,group and the entities described in subsection 7d71 periodically develop advice and guidance for agencies on best practices of the development of regulations4 #cebc4 ,,oira coordinated review of significant regulatory actions 7a7 ,,oira review 7#a7 ,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 agency4 7#b7 ,periodic agency submission of planned regulatory actions ,the head of each agency shall provide to the ,administrator1 at such time and in such a manner as determined by the ,administrator1 a list of each planned regulatory action with an identification of whether each such regulatory action is a significant regulatory action4 7#c7 ,review of significant regulatory action required 7,a7 ,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 section4 7,b7 ,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 section4 7,c7 ,notification required ,not later than #aj days after a planned regulatory action has been determined to be a significant regulatory action1 the ,administrator shall notify the head of the relevant agency of such determination4 7#d7 ,waiver of review for significant regulatory action ,the ,administrator-- 7,a7 may waive review of any planned regulatory action designated as a significant regulatory action2 and 7,b7 shall publish online a detailed written explanation of any such waiver4 7b7 ,agency consultation with ,,oira 7#a7 ,in general ,an agency may consult with ,,oira at any time on any regulatory action4 ,,oira shall maintain a log of each agency consultation with ,,oira before submitting the significant regulatory action for review under this section1 including the date of the consultation1 the name of each agency official involved with the consultation1 and a description of the purpose of the consultation4 7#b7 ,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 ,,oira4 7#c7 ,consultation information required ,if the head of an agency is unable to obtain the regulation identifier number as described in paragraph 7#b71 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 consultation4 7c7 ,agency submission of significant regulatory action for review ,before issuing a significant regulatory action1 the head of an agency shall submit the significant regulatory action to the ,administrator for review and shall include the following3 7#a7 ,the text of the significant regulatory action4 7#b7 ,a detailed description of the need for the significant regulatory action4 7#c7 ,an explanation of how the significant regulatory action will meet the identified need4 7#d7 ,an assessment of potential costs and benefits of the significant regulatory action4 7#e7 ,an explanation of the manner in which the significant regulatory action is consistent with a statutory mandate and avoids undue interference with ,state1 local1 and tribal government functions4 7#f7 ,an explanation of agency efforts to coordinate with ,state1 local1 and tribal governments throughout the regulatory process4 7#g7 ,for an economically significant regulatory action1 if any of the following was developed during the decisionmaking process of the agency3 7,a7 ,an assessment of and quantification of costs and benefits of the significant regulatory action4 7,b7 ,an assessment of and quantification of costs and benefits of potentially effective and feasible alternatives1 including any underlying analysis4 7,c7 ,an explanation of why the planned significant regulatory action is preferable to any identified potential alternatives4 7d7 ,deadlines for review 7#a7 ,review coordination ,to the extent practicable1 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 review4 7#b7 ,expedited review ,when an agency is obligated by law to issue a significant regulatory action before complying with the provisions of this section1 the head of the agency shall notify the ,administrator as soon as possible4 ,to the extent practicable1 ,,oira and the agency shall comply with the provisions of this section4 7#c7 #aj-;day review ,in the case of a significant regulatory action that is a notice of inquiry1 advance notice of proposed rule making1 or other preliminary regulatory action prior to a notice of proposed rule making1 within #aj business days after the date of submission of the action to the ,administrator1 ,,oira shall complete the review4 7#d7 #ij-;day review 7,a7 ,in general ,except as provided in subparagraph 7,b71 for any other significant regulatory action not described in paragraph 7#c71 within #ij days after the date of submission of the action1 ,,oira shall complete the review4 7,b7 ,exception #de-;day review ,if ,,oira has previously reviewed the significant regulatory action described in subparagraph 7,a7 and1 since that review1 there has been no material change in the facts and circumstances upon which the significant regulatory action is based1 ,,oira shall complete the review within #de days after submission of the action4 7#e7 ,extension ,any review described under this subsection may be extended for any number of additional #cj-;day periods upon mutual agreement of the ,administrator and the head of the agency4 ,for each #cj-;day extension1 the ,administrator shall make publicly available online a written explanation1 including the reasons for the extension and an estimate of the expected conclusion date4 7#f7 ,return ,if the ,administrator determines ,,oira is unable to conclude a review within the time period described under this subsection1 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 information1 resources1 or time ,,oira would need to complete the review4 7#g7 ,withdrawal ,an agency may withdraw the regulatory action from ,,oira review at any time prior to the completion of the review4 7e7 ,compliance review ,the ,administrator shall review any significant regulatory action submitted under subsection 7c7 to determine the extent to which the agency-- 7#a7 identified the problem that the significant regulatory action is designed to address 7including1 where applicable1 the failures of private markets or public institutions that warrant new agency action72 7#b7 assessed the significance of the problem the regulatory action is designed to address2 7#c7 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 effectively2 7#d7 identified and assessed available alternatives to direct regulation1 including providing economic incentives to encourage desired behaviors1 such as user fees or marketable permits1 or providing information upon which choices can be made by the public2 7#e7 considered1 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 designed the regulatory action to be the most cost-effective manner to achieve the regulatory objective2 7#g7 considered incentives for innovation1 consistency1 predictability1 flexibility1 distributive impacts1 equity1 and the costs of enforcement and compliance by the ,government1 regulated entities1 and the public2 7#h7 assessed costs and benefits of the regulatory action and made a reasoned determination that the benefits justify the costs2 7#i7 used the best reasonably obtainable scientific1 technical1 economic1 and other information concerning the need for and consequences of the regulatory action2 7#aj7 identified and assessed alternative forms of regulation and1 to the extent feasible1 specified performance objectives rather than behavior or manner of compliance2 7#aa7 sought comments and suggestions from impacted ,state1 local1 and tribal officials on any aspect of the regulatory action that might significantly or uniquely affect those governmental entities2 7#ab7 assessed the effects of the regulatory action on ,state1 local1 and tribal governments1 including specifically the availability of resources to carry out the regulatory action1 and minimized the burdens that uniquely or significantly affect such governmental entities1 consistent with achieving regulatory objectives2 7#ac7 harmonized the regulatory action with the regulatory and other functions of ,state1 local1 and tribal governments2 7#ad7 avoided conflicts with or duplication of other existing regulations2 7#ae7 tailored the regulatory action to impose the least burden on society1 including individuals1 businesses of differing sizes1 and other entities 7including small communities and governmental entities71 consistent with obtaining the regulatory objectives1 and taking into account1 among other things and to the extent practicable1 the costs of cumulative regulations2 7#af7 drafted the regulatory action to be simple and easy to understand1 and minimized the potential for uncertainty and litigation arising from such uncertainty2 7#ag7 met all applicable ,executive order requirements2 7#ah7 met all applicable statutory requirements2 and 7#ai7 complied with all applicable guidance4 7f7 ,quality review ,for any significant regulatory action submitted under subsection 7c71 ,,oira shall review the extent to which the agency conducted a meaningful and complete analysis of each of the factors described in subsection 7e71 considering best practices1 methods observed through reviewing other agencies1 comments from stakeholders1 and other resources that may improve the quality of the process4 7g7 ,interagency consultation ,the ,administrator shall identify each agency potentially affected1 interested1 or otherwise likely to provide valuable feedback on a significant regulatory action submitted under subsection 7c7 and facilitate a meaningful interagency consultation process4 ,the ,administrator shall-- 7#a7 provide each identified agency with a copy of the draft regulatory action2 7#b7 allow each identified agency to review the draft regulatory action for a sufficient period of time1 not less than #aj business days2 7#c7 solicit written comments from such agency2 and 7#d7 as appropriate1 facilitate conversations between agencies4 7h7 ,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 section1 the ,administrator shall-- 7#a7 invite the issuing agency to any meeting between ,,oira personnel and individuals not employed by the executive branch2 7#b7 not later than #aj business days after receipt of any written communication submitted by any individual not employed by the executive branch1 make such communications available to the public online2 and 7#c7 make available to the public online a log1 which shall be updated daily1 of the following information3 7,a7 ,the status of each regulatory action4 7,b7 ,a copy of any written communication submitted by any person not employed by the executive branch4 7,c7 ,the dates and names of persons involved in any substantive oral communication and the subject matter discussed during such communication4 7i7 ,conclusion of review 7#a7 ,provision to agency ,upon completion of a review under this section1 the ,administrator shall provide the head of an agency with the results of the ,,oira review in writing1 including a list of every standard1 ,executive order1 guidance document1 and law reviewed for compliance and the results for each4 7#b7 ,changes during review period ,as soon as practicable and before publication in the ,federal ,register of a significant regulatory action for which ,,oira concluded review under this section1 the head of the submitting agency shall make available to the ,administrator a redline of any changes the agency made to the regulatory action during the review period4 ,to the extent practicable1 the agency shall identify any change made at the suggestion or recommendation of any other agency1 member of the public1 or other source4 ,to the extent practicable1 the agency should identify the source of any such change4 #cebd4 ,disclosure of regulatory review 7a7 ,in general ,on the earlier of the date on which an agency publishes a significant regulatory action reviewed under section #cebc in the ,federal ,register1 the agency otherwise makes the significant regulatory action publicly available1 or the agency announces a decision not to publish the regulatory action1 the ,administrator shall make available to the public online-- 7#a7 all information submitted by an agency under section #cebc2 7#b7 the results of the review provided to the agency under section #cebc2 7#c7 the redline of any changes made by the agency during the course of the review provided under section #cebc7;i77#b72 7#d7 all documents exchanged between senior level officials at ,,oira and the agency during the review2 and 7#e7 a list of each consultation described in section #cebc7;b74 7b7 ,agency disclosure ,each agency that submits a significant regulatory action to ,,oira under section #cebb or #cebc shall maintain on the website of the agency the following3 7#a7 ,a list of each active regulatory action1 including the status of the regulatory action or a link to each entry on the ,unified ,agenda4 7#b7 ,the most recent regulatory plan of the agency4 7#c7 ,a link to each record disclosed under subsection 7a74 7c7 ,plain language requirement ,all information provided to the public shall1 to the extent practicable1 be in plain1 understandable language4 7d7 ,recordkeeping ,the ,administrator shall ensure any record associated with a significant regulatory action submitted to ,,oira under section #cebb or #cebc is easily accessible for a period of time consistent with approved records disposition schedules for the agency1 in a manner that all records associated with a significant regulatory action can be promptly submitted to ,congress upon request4 4 7b7 ,technical and conforming amendment ,the table of sections at the beginning of chapter #ce of title #dd1 ,united ,states ,code1 is amended by inserting after the item relating to section #ceba the following3 #cebb4 ,office of ,information and ,regulatory ,affairs ,regulatory ,working ,group2 regulatory plan2 ,unified ,agenda4#cebc4 ,,oira coordinated review of significant regulatory actions4#cebd4 ,disclosure of regulatory review4 4 7c7 ,definitions ,section #cejb of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#ac77;,d71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#ad71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#ae7 the term ,administrator means1 unless otherwise indicated1 the ,administrator of the ,office of ,information and ,regulatory ,affairs2 7#af7 the term economically significant regulatory action means any regulatory action described in subparagraph 7,a7 or 7,b7 of paragraph 7#ba72 7#ag7 the term ,,oira means the ,office of ,information and ,regulatory ,affairs2 7#ah7 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 does not include such a statement if-- 7i7 issued in accordance with the formal rule making provisions of sections #eef and #eeg of title #e2 7ii7 the statement pertains to a military or foreign affairs function of the ,united ,states1 other than procurement regulations and regulations involving the import or export of nondefense articles and services2 7iii7 the statement is limited to an agency organization1 management1 or personnel matters2 or 7iv7 the statement is exempted as a regulation by the ,administrator and a written explanation of the exemption1 including the date of the decision and the reasons for exempting the specific statement1 is made publically available online2 7#ai7 the term regulation identifier number means a unique identification code for regulations1 which is designed to assist tracking regulations through the course of development2 7#bj7 the term regulatory action means-- 7,a7 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 regulation1 including notices of inquiry1 advance notices of proposed rule making1 and notices of proposed rule making2 or 7,b7 any agency statement of general applicability and future effect1 other than a substantive action described in subparagraph 7,a71 which sets forth a policy on a statutory1 regulatory1 or technical issue or an interpretation of a statutory or regulatory issue2 7#ba7 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 more2 7,b7 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,c7 create a serious inconsistency or otherwise interfere with an action taken or planned by another agency2 7,d7 materially alter the budgetary impact of entitlements1 grants1 user fees1 or loan programs or the rights and obligations of recipients therein2 or 7,e7 raise novel legal or policy issues arising out of legal mandates2 7#bb7 the term small business has the meaning given the term small business concern in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb72 and 7#bc7 the term ,state means each of the several ,states1 the ,district of ,columbia1 each territory or possession of the ,united ,states1 and each federally recognized ,indian tribe4 4 7d7 ,deadline for issuance of guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,office of ,information and ,regulatory ,affairs shall issue any guidance required by section #cebb of title #dd1 ,united ,states ,code1 as added by subsection 7a74 7e7 ,effective date ,section #cebd of title #dd1 as added by subsection 7a71 shall take effect #abj days after the date of enactment of this ,act4 #c4 ,no additional funds authorized ,no additional funds are authorized to carry out the requirements of this ,act and the amendments made by this ,act4 ,such requirements shall be carried out using amounts otherwise authorized4