Smarter Regulations Through Advance Planning and Review Act of 2015 or the Smarter Regs Act of 2015
(Sec. 2) This bill requires a federal agency, when publishing a proposed major rule and when publishing a final major rule, to include a framework for assessing the rule.
The bill defines "major rule" as any rule that the Office of Information and Regulatory Affairs (OIRA) finds has resulted in or is likely to result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.
The framework published with the final rule shall include: (1) a clear statement of the rule's regulatory objectives, including a summary of its societal benefit and cost; (2) the methodology by which the agency plans to analyze the rule, including metrics for measuring its effectiveness, its benefits, and its impacts on regulated entities; (3) a plan for gathering data regarding such metrics; and (4) a specific time frame, of not more 10 years after the rule becomes effective, for conducting such assessment.
Each agency shall assess the collected data to: (1) analyze how the actual benefits and costs of the rule may have varied from those anticipated at the time it was issued; and (2) determine whether the rule is accomplishing its regulatory objective or needs to be strengthened, whether the rule has been rendered unnecessary, and whether alternatives to or modification of the rule could achieve the regulatory objective while imposing a smaller burden on society or increase net benefits. The bill requires subsequent assessments, within specified time frames, of a major rule that remains in effect after an assessment under this bill, unless the OIRA determines that there is a foreseeable and apparent need for such rule beyond such time frames.
The OIRA must:
These provisions shall not apply to:
Judicial review of agency compliance is limited to whether an agency published the framework for assessment of a major rule or whether an agency completed and published the required assessment of a major rule. The court may only issue an order remanding the rule to the agency to comply with this bill. Any determination, action, or inaction of the OIRA shall not be subject to judicial review.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1817 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1817
To improve the effectiveness of major rules in accomplishing their
regulatory objectives by promoting retrospective review, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2015
Ms. Heitkamp (for herself and Mr. Lankford) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve the effectiveness of major rules in accomplishing their
regulatory objectives by promoting retrospective review, and for other
purposes.
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 ``Smarter Regulations Through Advance
Planning and Review Act of 2015'' or the ``Smarter Regs Act of 2015''.
SEC. 2. INCORPORATING RETROSPECTIVE REVIEW INTO NEW MAJOR RULES.
(a) In General.--Subchapter II of chapter 5 of title 5, United
States Code, is amended--
(1) in section 551--
(A) in paragraph (13), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (14), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(15) `Administrator' means the Administrator of the
Office of Information and Regulatory Affairs of the Office of
Management and Budget; and
``(16) `major rule' means any rule that the Administrator
finds has resulted in or is likely to result in--
``(A) an annual effect on the economy of
$100,000,000 or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State, or
local government agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets.''; and
(2) in section 553, by adding at the end the following:
``(f) Regulation-Specific Frameworks.--
``(1) In general.--Beginning 180 days after the date of
enactment of this subsection, when an agency publishes a
proposed or final major rule in the Federal Register, the
agency shall include a framework for reassessing the major rule
under paragraph (2), which shall include--
``(A) a clear statement of the regulatory
objectives of the major rule, including the societal
benefit and cost of the major rule;
``(B) the methodology by which the agency plans to
analyze the major rule, including metrics by which the
agency can measure--
``(i) the effectiveness and benefits of the
major rule in producing the regulatory
objectives of the major rule; and
``(ii) the impacts, including any costs, of
the major rule on regulated entities;
``(C) a plan for gathering data regarding the
metrics described in subparagraph (B) on an ongoing
basis, or at periodic times, during the implementation
of the major rule, including the method by which the
agency will invite the public to participate in the
review process and seek input from other agencies,
taking into account any burden to the public in
supplying relevant data to agencies; and
``(D) a specific time frame, as appropriate to the
major rule and not more than 10 years, under which the
agency shall conduct the reassessment of the major rule
in accordance with paragraph (2)(A).
``(2) Reassessment.--
``(A) In general.--Each agency shall assess the
data collected under paragraph (1)(C), using the
methodology set forth in paragraph (1)(B), with respect
to a major rule--
``(i) to analyze how the actual benefits
and costs of the major rule may have varied
from those anticipated at the time the major
rule was issued; and
``(ii) to determine whether--
``(I) the major rule is
accomplishing its regulatory objective;
``(II) the major rule has been
rendered unnecessary, taking into
consideration--
``(aa) changes in the
subject area affected by the
major rule; and
``(bb) whether the major
rule overlaps, duplicates, or
conflicts with other rules or,
to the extent feasible, State
and local government
regulations; and
``(III) other alternatives to the
major rule or modification of the major
rule could achieve better results while
imposing a smaller burden on society or
at a lower cost, taking into
consideration any cost already
incurred.
``(B) Subsequent assessments.--If, after a
reassessment of a major rule under subparagraph (A), an
agency determines that the major rule will remain in
effect with or without modification, the agency shall--
``(i) determine a specific time, as
appropriate to the major rule and not more than
10 years, under which the agency shall conduct
another assessment of the major rule in
accordance with subparagraph (A); and
``(ii) if the assessment conducted under
clause (i) does not result in a repeal of the
major rule, periodically reassess the major
rule in accordance with subparagraph (A) to
ensure the major rule continues to meet the
regulatory objective.
``(C) Publication.--Not later than 180 days after
the date on which an agency completes a reassessment of
a major rule under subparagraph (A), the agency shall
publish a notice of availability of the results of the
reassessment in the Federal Register, including the
specific time for any subsequent assessment of the
major rule under subparagraph (B)(i), if applicable.
``(3) OMB oversight.--The Administrator shall--
``(A) issue guidance for agencies regarding the
development of the framework under paragraph (1) and
the conduct of the reassessments under paragraph
(2)(A);
``(B) oversee the timely compliance of agencies
with this subsection; and
``(C) ensure that the results of each reassessment
conducted under paragraph (2)(A) are--
``(i) published promptly on a centralized
Federal website; and
``(ii) noticed in the Federal Register in
accordance with paragraph (2)(C).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to affect--
``(A) the authority of an agency to reassess or
modify a major rule of the agency earlier than the end
of the time frame specified for the major rule under
paragraph (1)(D); or
``(B) any other provision of law that requires an
agency to conduct retrospective reviews of rules issued
by the agency.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the amendments
made by subsection (a).
<all>
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Hearings held. Hearings printed: S.Hrg. 114-480.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Small Business and Entrepreneurship. Hearings held. Hearings printed: S.Hrg. 114-637.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 114-282.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 114-282.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 522.
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