Regulatory Responsibility for our Economy Act of 2013 - Sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations.
Requires federal agencies to: (1) propose or adopt regulations only upon a reasoned determination that the benefits of such regulations justify their costs; (2) tailor regulations to impose the least burden on society and to maximize economic and other benefits; (3) involve the public and parties affected by regulations in the regulatory process; (4) develop regulatory actions that promote innovation, flexibility, and objectivity; and (5) consider methods to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and develop plans for reviewing on a periodic basis significant regulation actions (i.e., those having an annual effect on the economy of $100 million or more or otherwise adversely affecting the economy).
Provides for judicial review of any agency action required under this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 191 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 191
To codify and modify regulatory requirements of Federal agencies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2013
Mr. Roberts (for himself, Mr. Portman, Mr. Coats, Ms. Ayotte, Mr.
Grassley, Mr. Paul, Mr. Johanns, Mr. Johnson of Wisconsin, Mr. Graham,
Mr. Sessions, Mr. Crapo, Mr. Wicker, Mr. Moran, Mr. Chambliss, Mr.
Isakson, Mr. Burr, Mr. Toomey, Mr. Inhofe, Mr. Risch, Mr. McCain, Mr.
McConnell, Mr. Hoeven, Mr. Cochran, Mr. Alexander, Mr. Boozman, Mrs.
Fischer, Mr. Enzi, Mr. Thune, Mr. Hatch, Mr. Barrasso, Mr. Blunt, Mr.
Corker, Mr. Rubio, Ms. Collins, and Mr. Flake) introduced the following
bill; 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 agencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Responsibility for our
Economy Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``agency'' means any authority of the United
States that is--
(A) an agency as defined under section 3502(1) of
title 44, United States Code; and
(B) shall include an independent regulatory agency
as defined under section 3502(5) of title 44, United
States Code;
(2) the term ``regulation''--
(A) means an agency statement of general
applicability and future effect, which the agency
intends to have the force and effect of law, that is
designed to implement, interpret, or prescribe law or
policy or to describe the procedure or practice
requirements of an agency; and
(B) shall not include--
(i) regulations issued in accordance with
the formal rulemaking provisions of sections
556 and 557 of title 5, United States Code;
(ii) regulations that pertain to a military
or foreign affairs function of the United
States, other than procurement regulations and
regulations involving the import or export of
non-defense articles and services; or
(iii) regulations that are limited to
agency organization, management, or personnel
matters;
(3) the term ``regulatory action'' means any substantive
action by an agency (normally published in the Federal
Register) that promulgates or is expected to lead to the
promulgation of a final regulation, including notices of
inquiry, advance notices of proposed rulemaking, and notices of
proposed rulemaking; and
(4) the term ``significant regulatory action'' means any
regulatory action that is likely to result in a regulation that
may--
(A) have an annual effect on the economy of
$100,000,000 or more or adversely affect in a material
way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or
communities;
(B) create a serious inconsistency or otherwise
interfere with an action taken or planned by another
agency;
(C) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or
the rights and obligation of recipients thereof;
(D) add to the national debt; or
(E) raise novel legal or policy issues arising out
of legal mandates, the President's priorities, or the
principles set forth in this Act.
SEC. 3. AGENCY REQUIREMENTS.
(a) Federal Regulatory System.--The Federal regulatory system
shall--
(1) protect the public health, welfare, safety, and the
environment of the United States, especially those promoting
economic growth, innovation, competitiveness, and job creation;
(2) be based on the best available science and information;
(3) allow for public participation and an open exchange of
ideas;
(4) promote predictability and reduce uncertainty,
including adherence to a clearly articulated timeline for the
release of regulatory documents at all stages of the regulatory
process;
(5) identify and use the best, most innovative, and least
burdensome tools for achieving regulatory ends;
(6) take into account benefits and costs, both quantitative
and qualitative;
(7) ensure that regulations are accessible, consistent,
written in plain language, and easy to understand; and
(8) measure, and seek to improve, the actual results of
regulatory requirements.
(b) Requirements.--Each agency shall--
(1) 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 law;
(2) tailor regulations of the agency to impose the least
burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, the costs
of cumulative regulations;
(3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits,
including potential economic, environmental, public health and
safety, and other advantages, distributive impacts, and equity;
(4) specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities
are required to adopt;
(5) identify and assess available alternatives to direct
regulation, including providing economic incentives to
encourage the desired behavior, such as user fees or marketable
permits, or providing information upon which choices can be
made by the public; and
(6) use the best available techniques to quantify
anticipated present and future benefits and costs.
SEC. 4. PUBLIC PARTICIPATION.
(a) In General.--Regulations shall be--
(1) adopted through a process that involves public
participation; and
(2) based, to the extent consistent with law, on the open
exchange of information and perspectives among State, local,
and tribal officials, experts in relevant disciplines, affected
stakeholders in the private sector, and the public as a whole.
(b) Opportunity To Participate.--Each agency shall--
(1) provide the public with an opportunity to participate
in the regulatory process;
(2) as authorized by law, afford the public a meaningful
opportunity to comment through the Internet on any proposed
regulation, 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 60 days, unless the relevant
regulation is designated by the Administrator of the Office of
Information and Regulatory Affairs to be an emergency rule;
(3) provide, for both proposed and final rules, timely
online access to the rulemaking docket on regulations.gov,
including relevant scientific and technical findings, in an
open format that can be easily searched and downloaded; and
(4) for proposed rules, provide access to include, to the
extent permitted by law, an opportunity for public comment on
all pertinent parts of the rulemaking docket, including
relevant scientific and technical findings.
(c) Seeking Affected Parties.--Before issuing a notice of proposed
rulemaking, each agency shall, where appropriate, seek the views of
those who are likely to be affected, including those who are likely to
benefit from and those who are potentially subject to such rulemaking.
(d) Delay of Implementation.--
(1) 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 States, if--
(A) the agency excepted the rule from notice and
public procedure under section 553(b)(B) of title 5,
United States Code; and
(B) the agency exception of the rule described
under paragraph (1) is challenged in a court in the
United States.
(2) Length of delay.--If implementation of an interim final
rule is delayed under paragraph (1), the delay shall continue
until a final disposition of the challenge is entered by the
court.
SEC. 5. INTEGRATION AND INNOVATION.
(a) Findings.--Congress finds that--
(1) some sectors and industries face a significant number
of regulatory requirements, some of which may be redundant,
inconsistent, or overlapping; and
(2) greater coordination across agencies should reduce
these requirements, thus reducing costs and simplifying and
harmonizing rules.
(b) Promotion of Innovation.--In developing regulatory actions and
identifying appropriate approaches, each agency shall--
(1) promote coordination, simplification, and
harmonization; and
(2) identify means to achieve regulatory goals that are
designed to promote innovation.
SEC. 6. FLEXIBLE APPROACHES.
(a) In General.--Each agency shall identify and consider regulatory
approaches that reduce burdens, especially economic burdens, and
maintain flexibility and freedom of choice for the public.
(b) Contents.--The approaches described under subsection (a) shall
include warnings, appropriate default rules, disclosure requirements,
and the provision of information to the public in a form that is clear
and intelligible.
SEC. 7. SCIENCE.
Each agency shall ensure the objectivity of any scientific and
technological information and processes used to support the regulatory
actions of the agency.
SEC. 8. RETROSPECTIVE ANALYSES OF EXISTING RULES.
(a) Retrospective Analyses.--
(1) In general.--To facilitate the periodic review of
existing significant regulatory actions, agencies shall
consider how best to promote retrospective analysis of rules
that may be outmoded, ineffective, insufficient, or excessively
burdensome, and to modify, streamline, expand, or repeal such
regulations in accordance with what has been learned.
(2) Agreement.--Once every 5 years, each agency may enter
into an agreement with a qualified private organization to
conduct the retrospective analysis described in paragraph (1)
of the agency.
(3) Publication online.--Any retrospective analyses
conducted under this subsection, including supporting data,
shall be published online.
(b) Agency Plans.--
(1) Plan.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, each agency shall
develop and submit to the appropriate congressional
committees a preliminary plan for reviewing significant
regulatory actions issued by the agency, consistent
with law, under which the agency shall review its
existing significant regulatory actions once every 5
years to determine whether such regulations should be
modified, streamlined, expanded, or repealed so as to
make the regulatory program of the agency more
effective or less burdensome in achieving the
regulatory objectives.
(B) Repeal.--If the plan described in subparagraph
(A) includes suggestions for needed repeals a timeline
for such repeals shall also be included in the plan.
(2) Report.--Upon completion of a review under a plan
submitted under paragraph (1), each agency shall submit to the
appropriate congressional committees a report that--
(A) describes the outcome of the review, including
which regulations were modified, streamlined, expanded,
or repealed;
(B) describes the reasons for the modifications,
streamlining, expansions, or repeals described in
subparagraph (A); and
(C) in any case where an agency did not take
action, describes the reasons why the agency did not
take action to modify, streamline, expand, or repeal
any significant regulatory actions.
SEC. 9. 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 located. Courts of appeals of the United States shall have
exclusive jurisdiction of any action to obtain judicial review (other
than in an enforcement proceeding) of such an action if any district
court of the United States would have had jurisdiction of such action
but for this section.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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