OIRA Insight, Reform, and Accountability Act
(Sec. 2) This bill codifies and revises the centralized regulatory review process, currently required under executive order, to require the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget to: (1) chair the Regulatory Working Group that assists agencies with regulatory issues, (2) publish a unified agenda of each agency's regulations that are under development or review, and (3) review each agency's significant regulatory actions.
OIRA's review is expanded to include the significant regulatory actions of independent regulatory agencies. Excluded from OIRA's review are: (1) the Government Accountability Office, (2) the Federal Election Commission, (3) the governments of the District of Columbia and of the territories and possessions of the United States, and (4) government-owned contractor-operated facilities.
Under the bill, a "significant regulatory action" is any substantive regulatory action 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), or any statement of general applicability and future effect that sets policy on or interprets a statutory, regulatory, or technical issue, that may:
The Regulatory Working Group shall consist of OIRA, agencies that have significant domestic regulatory responsibility, and other executive branch officials. The group must identify methods to ensure agencies coordinate with state, local, and tribal governments.
Agencies must submit annually to OIRA a regulatory plan with:
OIRA must circulate an agency's regulatory plans to any other agency that may be affected by the plans. The other agencies must notify OIRA if a regulatory action conflicts with their own policies or actions, and OIRA must notify the relevant agencies of any conflicts.
To identify regulations that are no longer justified or that affect a particular group, industry, or economy sector, OIRA must: (1) work with interested entities and agencies; (2) meet with state, local, and tribal governments; and (3) convene conferences with businesses, nongovernmental organizations, and the public.
By March 15 and September 15 of each year, OIRA must publish the unified agenda of each agency's regulations under development or review. OIRA must: (1) issue guidance for agencies on the manner of submission of regulations for publication in the unified agenda, (2) provide a standard definition for each stage of review to assist the public in understanding the different terms used by agencies, and (3) review agency compliance.
The unified agenda must explain why any regulation included in the immediately previous agenda is no longer included.
OIRA must conduct a government-wide review of significant regulatory actions to ensure consistency with applicable law and avoid conflict with policy or action taken or planned by another agency. Each agency must provide OIRA with a list of each planned regulatory action with an identification of whether each such regulatory action is significant. OIRA shall determine whether submitted regulatory actions are significant and must review each such significant regulatory action.
Agencies may consult with OIRA at any time. OIRA must maintain a log of each agency consultation before submitting a significant regulatory action for review.
Before issuing a significant regulatory action, an agency must submit to OIRA for review: (1) a description of the need for the action and how the action will meet such need; (2) an assessment of the costs and benefits; (3) an explanation of the manner in which the significant regulatory action is consistent with a statutory mandate and avoids undue interference with state, local, and tribal government functions; and (4) an explanation of agency efforts to coordinate with state, local, and tribal governments. For economically significant regulatory actions, the agency must also submit any assessments developed during the decision-making process that quantify the costs and benefits of the regulatory action versus feasible alternatives and explain why the planned regulatory action is preferable to potential alternatives.
OIRA's deadline to complete a review after an agency's submission of a regulation is: (1) 10 days for a notice of inquiry, advance notice of proposed rulemaking, or other preliminary regulatory action prior to a notice of proposed rulemaking; (2) 90 days for any other significant regulatory action that is not preliminary; or (3) 45 days if OIRA has previously reviewed a regulatory action that was not preliminary and there has been no material change in the facts and circumstances.
OIRA's review period may be extended for any number of additional 30-day periods upon mutual agreement of OIRA and the agency. For each extension, OIRA shall make publicly available online a written explanation and an estimate of the expected conclusion date.
If OIRA is unable to conclude a review before the deadline, it may return the draft of the regulatory action to the agency with an explanation of why the review could not be completed and what additional information, resources, or time OIRA would need to complete the review. An agency may withdraw the regulatory action from OIRA review at any time prior its completion.
OIRA's review of significant regulatory actions must determine the extent to which the agency:
OIRA must allow other agencies to review the draft regulatory action for at least 10 business days, solicit comments from other agencies, and facilitate conversations between agencies.
OIRA must provide an agency with the results of every standard, executive order, guidance document, and law reviewed.
As soon as practicable and before publication in the Federal Register of a significant regulatory action for which OIRA concluded review, the submitting agency shall make available to OIRA a redline of any changes the agency made to the regulatory action during the review period. The agency shall identify any change made at the suggestion or recommendation of any other agency, member of the public, or other source.
OIRA must make the redline available to the public online along with the information submitted by the agency for review, the results of OIRA's review, documents exchanged between OIRA senior officials and the agency during the review, and a list of each agency consultation with OIRA on the regulatory action.
Agencies must publish on their websites: (1) a list of each active regulatory action, including an indication of the status or a link to its entry on the unified agenda; (2) their most recent regulatory plan; and (3) a link to each record disclosed by OIRA about the regulatory review.
OIRA must ensure that records associated with each significant regulatory action: (1) are easily accessible for a period of time consistent with approved agency records disposition schedules, and (2) can be promptly submitted to Congress upon request.
This bill does not apply to agency statements: (1) issued in accordance with formal rulemaking provisions under the Administrative Procedure Act when rules are required by statute to be made on the record after opportunity for an agency hearing; (2) pertaining to certain military or foreign affairs functions; (3) limited to organization, management, or personnel matters; or (4) exempted by OIRA with a published explanation online that includes the date of the decision and the reasons for exemption.
(Sec. 3) No additional funds are authorized to carry out this bill.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1009 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1009
To amend title 44, United States Code, to require the Administrator of
the Office of Information and Regulatory Affairs to review regulations,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2017
Mr. Mitchell (for himself, Mr. Meadows, and Mr. Palmer) introduced the
following bill; which was referred to the Committee on Oversight and
Government Reform, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend title 44, United States Code, to require the Administrator of
the Office of Information and Regulatory Affairs to review regulations,
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 ``OIRA Insight, Reform, and
Accountability Act''.
SEC. 2. OFFICE OF INFORMATION AND REGULATORY AFFAIRS.
(a) Amendment.--Subchapter I of chapter 35 of title 44, United
States Code, is amended by adding at the end the following new
sections:
``Sec. 3522. Office of Information and Regulatory Affairs Regulatory
Working Group; regulatory plan; Unified Agenda
``(a) Regulatory Working Group.--
``(1) Establishment; members.--The Administrator of the
Office of Information and Regulatory Affairs shall convene a
working group to be known as the Regulatory Working Group,
whose members shall consist of the following:
``(A) The Administrator.
``(B) Representatives selected by the head of each
agency that the Administrator determines to have
significant domestic regulatory responsibility.
``(C) Other executive branch officials as
designated by the Administrator.
``(2) Chair.--The Chair of the Regulatory Working Group
shall be the Administrator, who shall periodically advise
Congress on the activities of the Regulatory Working Group.
``(3) Purpose.--The Regulatory Working Group shall serve as
a forum to assist agencies in identifying and analyzing
important regulatory issues, including, at a minimum--
``(A) the development of innovative regulatory
techniques;
``(B) the methods, efficacy, and utility of
comparative risk assessment in regulatory
decisionmaking; and
``(C) the development of streamlined regulatory
approaches for small businesses and other entities.
``(4) 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
areas.
``(5) Analytical studies.--To inform the discussion of the
Regulatory Working Group, the Regulatory Working Group may
request analytical studies and reports by the Office of
Information and Regulatory Affairs, the Administrative
Conference of the United States, or any other agency.
``(b) Regulatory Plan.--
``(1) In general.--
``(A) Deadline for and description of regulatory
plan.--Not later than June 1 of each year, 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 (2). The
regulatory plan shall also contain, at a minimum, the
following:
``(i) A statement of the regulatory
objectives and priorities of the agency.
``(ii) A summary of each planned
significant regulatory action including, to the
extent possible, alternatives to be considered
and preliminary estimates of the anticipated
costs and benefits of such action.
``(iii) A summary of the legal basis for
each such action, including whether any aspect
of the action is required by statute or court
order.
``(iv) A statement of the need for each
such action and, if applicable, how the action
will reduce risk to public health, safety, or
the environment, as well as how the magnitude
of the risk addressed by the action relates to
any other risk within the jurisdiction of the
agency.
``(v) The schedule for each such action,
including a statement of any applicable
statutory or judicial deadline.
``(vi) The name, email address, and
telephone number of a knowledgeable agency
employee the public may contact for additional
information about each such action.
``(B) Circulation of regulatory plan.--Not later
than 10 days after receiving the regulatory plan under
subparagraph (A), the Administrator shall circulate the
regulatory plan to any other agency the Administrator
determines may be affected by the plan.
``(C) 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 agency. The
Administrator shall forward any notification received
under this subparagraph to the other agency involved.
``(D) 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 agency.
``(E) Requirement to publish in unified agenda.--
Each regulatory plan submitted by the head of an agency
under subparagraph (A) shall be included in the October
publication of the Unified Agenda described under
subsection (c).
``(2) Retrospective review.--
``(A) List of outdated regulations.--The head of
each agency shall include in the regulatory plan
submitted under paragraph (1)(A) a list of regulations
that have been identified by the agency (including any
comments submitted to the agency) as unjustified,
unnecessary, duplicative of other regulations or laws,
inappropriately burdensome, or otherwise recommended
for removal.
``(B) Description of retrospective review.--The
head of each agency shall include in the regulatory
plan submitted under paragraph (1)(A) 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
regulations. 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
circumstances.
``(C) OIRA coordinated review.--The Administrator
shall work with interested entities and agencies,
including through the processes established under
subsection (d), to review the list of regulations
identified under subparagraph (A) and such entities may
assist OIRA and the agencies with identifying
regulations or groups of regulations that--
``(i) impose significant or unique burdens
on governmental entities and that are no longer
justified; or
``(ii) affect a particular group, industry,
or sector of the economy.
``(c) Unified Agenda.--
``(1) Submission of regulations under development or
review.--Not later than April 1 and October 1 of each year, 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 section. Each agenda shall
include, to the extent practicable, the following:
``(A) For each regulation--
``(i) a regulation identifier number;
``(ii) a brief summary of the regulation;
``(iii) a citation to the legal authority
to issue the regulation;
``(iv) any legal deadline for the issuance
of the regulation;
``(v) the name and phone number for a
knowledgeable agency employee; and
``(vi) the stage of review for issuing the
regulation.
``(B) For each regulation expected to be
promulgated within the following 18 months--
``(i) a determination of whether the
regulation is expected to be a significant
regulatory action or an economically
significant regulatory action; and
``(ii) any available analysis or
quantification of the expected costs or
benefits.
``(C) For any regulation included in the
immediately previous agenda, an explanation of why the
regulation is no longer included.
``(2) Publication of unified agenda required.--Not later
than April 15 and October 15 of each year, the Administrator
shall compile and publish online each agenda received under
paragraph (1) (to be known as the Unified Agenda).
``(3) Guidance.--
``(A) In general.--The Administrator shall issue
guidance for agencies on the manner of submission under
this subsection and on meeting the requirements of this
subsection, 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 (1).
``(B) Updates.--The Administrator shall
periodically review compliance with this section and
issue guidance or recommendations to assist agencies in
complying with this section.
``(d) Coordination With State, Local, and Tribal Governments and
the Public.--
``(1) State, local, and tribal governments.--The
Administrator shall meet not less than quarterly with
representatives of State, local, and tribal governments to
identify both existing and proposed regulations that may
uniquely or significantly affect those government entities.
``(2) Public.--The Administrator shall periodically convene
conferences with representatives of businesses, nongovernmental
organizations, and the public to discuss regulatory issues of
common concern.
``(e) Best Practices.--The Administrator shall, in consultation
with the Regulatory Working Group and the entities described in
subsection (d), periodically develop advice and guidance for agencies
on best practices of the development of regulations.
``Sec. 3523. OIRA coordinated review of significant regulatory actions
``(a) OIRA Review.--
``(1) 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 agency.
``(2) Periodic agency submission of planned regulatory
actions.--The head of each agency shall provide to the
Administrator, at such time and in such a manner as determined
by the Administrator, a list of each planned regulatory action
with an identification of whether each such regulatory action
is a significant regulatory action.
``(3) Review of significant regulatory action required.--
``(A) 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
section.
``(B) 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 section.
``(C) Notification required.--Not later than 10
days after a planned regulatory action has been
determined to be a significant regulatory action, the
Administrator shall notify the head of the relevant
agency of such determination.
``(4) Waiver of review for significant regulatory action.--
The Administrator--
``(A) may waive review of any planned regulatory
action designated as a significant regulatory action;
and
``(B) shall publish online a detailed written
explanation of any such waiver.
``(b) Agency Consultation With OIRA.--
``(1) In general.--An agency may consult with OIRA at any
time on any regulatory action.
``(2) 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 OIRA.
``(3) Consultation information required.--If the head of an
agency is unable to obtain the regulation identifier number as
described in paragraph (2), 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 consultation.
``(c) Agency Submission of Significant Regulatory Action for
Review.--Before issuing a significant regulatory action, the head of an
agency shall submit the significant regulatory action to the
Administrator for review and shall include the following:
``(1) The text of the significant regulatory action.
``(2) A detailed description of the need for the
significant regulatory action.
``(3) An explanation of how the significant regulatory
action will meet the identified need.
``(4) An assessment of potential costs and benefits of the
significant regulatory action.
``(5) An explanation of the manner in which the significant
regulatory action is consistent with a statutory mandate and
avoids undue interference with State, local, and tribal
government functions.
``(6) For an economically significant regulatory action, if
any of the following was developed during the decisionmaking
process of the agency:
``(A) An assessment of and quantification of costs
and benefits of the significant regulatory action.
``(B) An assessment of and quantification of costs
and benefits of potentially effective and feasible
alternatives, including any underlying analysis.
``(C) An explanation of why the planned significant
regulatory action is preferable to any identified
potential alternatives.
``(d) Deadlines for Review.--
``(1) Review coordination.--To the extent practicable, 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 review.
``(2) Expedited review.--When an agency is obligated by law
to issue a significant regulatory action before complying with
the provisions of this section, the head of the agency shall
notify the Administrator as soon as possible. To the extent
practicable, OIRA and the agency shall comply with the
provisions of this section.
``(3) 10-day review.--In the case of a significant
regulatory action that is a notice of inquiry, advance notice
of proposed rulemaking, or other preliminary regulatory action
prior to a notice of proposed rulemaking, within 10 business
days after the date of submission of the such action to the
Administrator, OIRA shall complete the review.
``(4) 90-day review.--
``(A) In general.--Except as provided in
subparagraph (B), for any other significant regulatory
action not described in paragraph (3), within 90 days
after the date of submission of the action, OIRA shall
complete the review.
``(B) Exception 45-day review.--If OIRA has
previously reviewed the significant regulatory action
described in subparagraph (A) and, since that review,
there has been no material change in the facts and
circumstances upon which the significant regulatory
action is based, OIRA shall complete the review within
45 days after submission of the action.
``(5) Extension.--Any review described under this
subsection may be extended for any number of additional 30-day
periods upon written request by the Administrator or the head
of the agency. Such request shall be granted unless the
nonrequesting party denies the request in writing within 5 days
after receipt of the request for extension.
``(6) Return.--If the Administrator determines OIRA is
unable to complete a review within the time period described
under this subsection, 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 information, resources, or time OIRA
would need to complete the review.
``(7) Withdrawal.--An agency may withdraw the regulatory
action from OIRA review at any time prior to the completion of
the review.
``(e) Compliance Review.--The Administrator shall review any
significant regulatory action submitted under subsection (c) to
determine the extent to which the agency--
``(1) identified the problem that the significant
regulatory action is designed to address (including, where
applicable, the failures of private markets or public
institutions that warrant new agency action);
``(2) assessed the significance of the problem the
regulatory action is designed to address;
``(3) 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
effectively;
``(4) identified and assessed available alternatives to
direct regulation, including providing economic incentives to
encourage desired behaviors, such as user fees or marketable
permits, or providing information upon which choices can be
made by the public;
``(5) considered, to the extent reasonable, the degree and
nature of the risks posed by various substances or activities
within the jurisdiction of the agency;
``(6) designed the regulatory action to be the most cost-
effective manner to achieve the regulatory objective;
``(7) considered incentives for innovation, consistency,
predictability, flexibility, distributive impacts, equity, and
the costs of enforcement and compliance by the Government,
regulated entities, and the public;
``(8) assessed costs and benefits of the regulatory action
and made a reasoned determination that the benefits justify the
costs;
``(9) used the best reasonably obtainable scientific,
technical, economic, and other information concerning the need
for and consequences of the regulatory action;
``(10) identified and assessed alternative forms of
regulation and, to the extent feasible, specified performance
objectives rather than behavior or manner of compliance;
``(11) sought comments and suggestions from appropriate
State, local, and tribal officials on any aspect of the
regulatory action that might significantly or uniquely affect
those governmental entities;
``(12) assessed the effects of the regulatory action on
State, local, and tribal governments, including specifically
the availability of resources to carry out the regulatory
action, and minimized the burdens that uniquely or
significantly affect such governmental entities, consistent
with achieving regulatory objectives;
``(13) harmonized the regulatory action with the regulatory
and other functions of State, local, and tribal governments;
``(14) avoided conflicts with or duplication of other
existing regulations;
``(15) tailored the regulatory action to impose the least
burden on society, including individuals, businesses of
differing sizes, and other entities (including small
communities and governmental entities), consistent with
obtaining the regulatory objectives, and taking into account,
among other things and to the extent practicable, the costs of
cumulative regulations;
``(16) drafted the regulatory action to be simple and easy
to understand, and minimized the potential for uncertainty and
litigation arising from such uncertainty;
``(17) met all applicable Executive order requirements;
``(18) met all applicable statutory requirements; and
``(19) complied with all applicable guidance.
``(f) Quality Review.--For any significant regulatory action
submitted under subsection (c), OIRA shall assess the extent to which
the agency conducted a meaningful and complete analysis of each of the
factors described in subsection (e), considering best practices,
methods observed through reviewing other agencies, comments from
stakeholders, and other resources that may improve the quality of the
process.
``(g) Interagency Consultation.--The Administrator shall identify
each agency potentially affected, interested, or otherwise likely to
provide valuable feedback on a significant regulatory action submitted
under subsection (c) and facilitate a meaningful interagency
consultation process. The Administrator shall--
``(1) provide each identified agency with a copy of the
draft regulatory action;
``(2) allow each identified agency to review the draft
regulatory action for a sufficient period of time, not less
than 10 business days;
``(3) solicit written comments from such agency and provide
those written comments to the submitting agency; and
``(4) as appropriate, facilitate conversations between
agencies.
``(h) 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 section, the Administrator shall--
``(1) invite the issuing agency to any meeting between OIRA
personnel and individuals not employed by the executive branch;
``(2) not later than 10 business days after receipt of any
written communication submitted by any individual not employed
by the executive branch, make such communications available to
the public online; and
``(3) make available to the public online a log, which
shall be updated daily, of the following information:
``(A) The status of each regulatory action.
``(B) A copy of any written communication submitted
by any person not employed by the executive branch.
``(C) The dates and names of persons involved in
any substantive oral communication and the subject
matter discussed during such communication.
``(i) Conclusion of Review.--
``(1) Provision to agency.--Upon completion of the review,
the Administrator shall provide the head of an agency with the
results of the OIRA review in writing, including a list of
every standard, Executive order, guidance document, and law
reviewed for compliance and the results for each.
``(2) Changes during review period.--Within 24 hours after
the conclusion of the OIRA review under this section, the head
of the submitting agency shall provide the Administrator with a
redline of any changes the agency made to the regulatory action
during the review period. To the extent practicable, the agency
shall identify any change made at the suggestion or
recommendation of any other agency, member of the public, or
other source. To the extent practicable, the agency should
identify the source of any such change.
``Sec. 3524. Public disclosure of regulatory review
``(a) In General.--On the earlier of 3 days after OIRA completes
the review of any agency significant regulatory action under section
3523, the date on which such agency publishes the regulatory action in
the Federal Register, or the date on which the agency announces a
decision not to publish the regulatory action, the Administrator shall
make available to the public online--
``(1) all information submitted by an agency under section
3523;
``(2) the results of the review provided to the agency
under section 3523;
``(3) the redline of any changes made by the agency during
the course of the review provided under section 3523(i)(2); and
``(4) all documents exchanged between OIRA and the agency
during the review.
``(b) Plain Language Requirement.--All information provided to the
public shall, to the extent practicable, be in plain, understandable
language.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 35 of title 44, United States Code, is amended
by inserting after the item relating to section 3521 the following new
items:
``3522. Office of Information and Regulatory Affairs Regulatory
Working Group; regulatory plan; Unified
Agenda.
``3523. OIRA coordinated review of significant regulatory
actions.
``3524. Public disclosure of regulatory review.''.
(c) Definitions.--Section 3502 of title 44, United States Code, is
amended--
(1) in paragraph (13)(D), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(15) the term `Administrator' means, unless otherwise
indicated, the Administrator of the Office of Information and
Regulatory Affairs;
``(16) the term `economically significant regulatory
action' means any regulatory action described under
subparagraph (A) or (B) of paragraph (21);
``(17) the term `OIRA' means the Office of Information and
Regulatory Affairs;
``(18) 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) does not include such a statement if--
``(i) issued in accordance with the formal
rulemaking provisions of sections 556 and 557
of title 5;
``(ii) the statement pertains to a military
or foreign affairs function of the United
States, other than procurement regulations and
regulations involving the import or export of
nondefense articles and services;
``(iii) the statement is limited to an
agency organization, management, or personnel
matters; or
``(iv) the statement is exempted as a
regulation by the Administrator;
``(19) the term `regulation identifier number' means a
unique identification code for regulations, which is designed
to assist tracking regulations through the course of
development;
``(20) 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;
``(21) 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;
``(B) 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;
``(C) create a serious inconsistency or otherwise
interfere with an action taken or planned by another
agency;
``(D) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or
the rights and obligations of recipients therein; or
``(E) raise novel legal or policy issues arising
out of legal mandates;
``(22) the term `small business' has the meaning given the
term `small-business concern' in section 3 of the Small
Business Act (15 U.S.C. 632); and
``(23) the term `State' means each of the several States,
the District of Columbia, each territory or possession of the
United States, and each federally recognized Indian tribe.''.
(d) Deadline for Issuance of Guidance.--Not later than 180 days
after the date of the enactment of this Act, the Administrator of the
Office of Information and Regulatory Affairs shall issue any guidance
required by section 3522 of title 44, United States Code, as added by
subsection (a).
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GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1009.
DEBATE - Pursuant to the provisions of H. Res. 156, the Committee of the Whole proceeded with 10 minutes of debate on the Mitchell Part B amendment No. 1.
DEBATE - Pursuant to the provisions of H. Res. 156, the Committee of the Whole proceeded with 10 minutes of debate on the Buck Part B amendment No. 2.
DEBATE - Pursuant to the provisions of H. Res. 156, the Committee of the Whole proceeded with 10 minutes of debate on the Young (IA) Part B amendment No. 3.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Young (IA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Plaskett demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 156, the Committee of the Whole proceeded with 10 minutes of debate on the Meadows Part B amendment No. 4.
DEBATE - Pursuant to the provisions of H. Res. 156, the Committee of the Whole proceeded with 10 minutes of debate on the Chaffetz Part B amendment No. 5.
DEBATE - Pursuant to the provisions of H. Res. 156, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly Part B amendment No. 6.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Connolly demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
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UNFINISHED BUSINESS - The Chair announced that the unfinished business was on amendments which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1009.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (consideration: CR H1445)
Mr. Cartwright moved to recommit with instructions to the Committee on Oversight and Government. (text: CR H1445)
DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a subsection at the end of the bill titled Exemption for the Office of Government Ethics.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 193 - 234 (Roll no. 119).
Roll Call #119 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 241 - 184 (Roll no. 120).
Roll Call #120 (House)On passage Passed by the Yeas and Nays: 241 - 184 (Roll no. 120).
Roll Call #120 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.