Regulatory Improvement and Transparency Act of 2017
Administrative Procedures Improvement Act of 2017
The bill revises the process that governs the way in which executive agencies may propose and issue regulations, including by establishing requirements that agencies must follow when proposing or issuing a major rule. A major rule is defined as one that is likely to cause an annual effect on the economy of $100 million or more, a major increase in costs or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, public health and safety, or the environment.
The Office of Information and Regulatory Affairs (OIRA) must provide guidance on, and oversight of, agencies' assessments of their proposed major rules.
Pilot Retrospective Review Commission Act of 2017
The bill establishes in the legislative branch a Pilot Regulatory Review Commission to evaluate and provide recommendations for modifying, consolidating, or repealing certain regulations that impact the transportation sector.
Plain Writing Act for Regulations Act of 2017
When issuing or revising regulations, executive agencies must use plain writing that is clear, concise, and well-organized if feasible.
Office of Information and Regulatory Affairs Transparency Act of 2017
OIRA must ensure greater openness, accessibility, and accountability in the regulatory review process.
Cost-Benefit Analysis Improvement Act of 2017
The General Services Administration must contract with the National Academy of Public Administration to publish a study on the costs and benefits associated with major rules.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1734 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 1734
To improve the regulatory process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2017
Mrs. McCaskill introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve the regulatory process, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Regulatory
Improvement and Transparency Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ADMINISTRATIVE PROCEDURES IMPROVEMENT ACT
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Rulemaking.
TITLE II--PILOT COMMISSION ON RETROSPECTIVE REVIEW
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Establishment of commission.
Sec. 204. Duties of the commission.
Sec. 205. Powers of the commission.
Sec. 206. Commission personnel matters.
Sec. 207. Termination of the commission.
Sec. 208. Authorization of appropriations.
Sec. 209. GAO report.
TITLE III--PLAIN WRITING ACT FOR REGULATIONS
Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Responsibilities of Federal agencies.
Sec. 305. Responsibilities of the Director of the Office of Management
and Budget.
Sec. 306. Reports.
Sec. 307. Judicial review and enforceability.
TITLE IV--OIRA TRANSPARENCY
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Purpose.
Sec. 404. Transparency.
TITLE V--COST-BENEFIT ANALYSIS IMPROVEMENT
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Cost-benefit study.
TITLE I--ADMINISTRATIVE PROCEDURES IMPROVEMENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Administrative Procedures
Improvement Act of 2017''.
SEC. 102. DEFINITIONS.
Title 5, United States Code, is amended--
(1) in section 551--
(A) in paragraph (5), by striking ``rule making''
and inserting ``rulemaking'';
(B) in paragraph (6), by striking ``rule making''
and inserting ``rulemaking'';
(C) in paragraph (13), by striking ``and'' at the
end;
(D) in paragraph (14), by striking the period at
the end and inserting a semicolon; and
(E) by adding at the end the following:
``(15) `major rule' means any rule that the Administrator
determines has resulted in or is likely to result in--
``(A) an annual effect on the economy of
$100,000,000 or more, adjusted at least every 5 years
to reflect increases in the Consumer Price Index for
All Urban Consumers, as published by the Bureau of
Labor Statistics of the Department of Labor;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State,
local, or tribal government agencies, or geographic
regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation,
public health and safety, or the environment;
``(16) `Office of Information and Regulatory Affairs' means
the office established under section 3503 of title 44 and any
successor to that office; and
``(17) `Administrator' means the Administrator of the
Office of Information and Regulatory Affairs.''; and
(2) in section 804, by striking paragraph (2) and inserting
the following:
``(2) The term `major rule' has the meaning given the term
in section 551.''.
SEC. 103. RULEMAKING.
Section 553 of title 5, United States Code, is amended--
(1) in the section heading, by striking ``Rule making'' and
inserting ``Rulemaking'';
(2) in subsection (a), by striking ``(a) This section
applies'' and inserting the following:
``(a) Applicability.--This section applies''; and
(3) by striking subsections (b) through (e) and inserting
the following:
``(b) Rulemaking Considerations.--In a rulemaking, an agency shall
consider, in addition to other applicable considerations, the
following:
``(1) The legal authority under which a rule may be
proposed, including whether rulemaking is required by statute
or is within the discretion of the agency.
``(2) The nature and significance of the problem the agency
intends to address with a rule.
``(3) Whether existing rules have created or contributed to
the problem the agency may address with a rule and, if so,
whether those rules could be amended or rescinded to address
the problem in whole or in part.
``(c) Initiation of Rulemaking for Major Rules.--
``(1) Notice for major rules.--When an agency determines to
initiate a rulemaking that may result in a major rule, the
agency shall--
``(A) establish an electronic docket for that
rulemaking, which may have a physical counterpart; and
``(B) publish a notice of initiation of rulemaking
in the Federal Register, which shall--
``(i) briefly describe the subject, the
problem to be solved, and the objectives of the
rule;
``(ii) reference the legal authority under
which the rule would be proposed; and
``(iii) indicate how interested persons may
submit written material for the docket.
``(2) Accessibility.--All material submitted to an agency
under paragraph (1)(B)(iii) shall be made accessible to the
public and promptly placed in the docket required under
paragraph (1), except with respect to material that is exempt
from disclosure under section 552(b).
``(3) Timetable.--
``(A) In general.--With respect to a rulemaking for
a major rule, the agency proposing the rule shall
establish a timetable for the rulemaking that--
``(i) includes intermediate and final
completion dates for actions of the agency; and
``(ii) shall be published in the electronic
docket.
``(B) Consideration of factors.--In establishing
the timetable required under subparagraph (A), an
agency shall consider relevant factors, including--
``(i) the size and complexity of the
rulemaking;
``(ii) the resources available to the
agency;
``(iii) any mandatory judicial orders
governing the timing of the rulemaking;
``(iv) the national significance of the
rulemaking; and
``(v) all mandatory statutory requirements
that govern the timing of the rulemaking.
``(C) Report required.--
``(i) In general.--An agency that fails to
meet an intermediate or final completion date
for action established under subparagraph (A)
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 date.
``(ii) Contents; publication in federal
register.--A report submitted under clause (i)
shall--
``(I) include an amended timetable
for the rulemaking; and
``(II) be published--
``(aa) in the Federal
Register; and
``(bb) on the publicly
available website of the
Federal Register.
``(d) Notice of Proposed Rulemaking.--
``(1) In general.--If an agency determines to issue a rule,
the agency shall--
``(A) establish an electronic docket for that
rulemaking, which may have a physical counterpart;
``(B) notify the Administrator; and
``(C) publish a notice of proposed rulemaking in
the Federal Register, which shall include--
``(i) if applicable, a statement of the
time, place, and nature of any public
rulemaking proceedings;
``(ii) a reference to the legal authority
under which the rule is proposed;
``(iii) the text of the proposed rule;
``(iv) a summary of information known to
the agency concerning the considerations
described in subsection (b);
``(v) a reasoned preliminary explanation
regarding how the proposed rule meets the
statutory objectives; and
``(vi) if applicable, a completed
Regulatory Transparency Form as described in
subsection (j).
``(2) Public comment.--
``(A) In general.--After publishing a notice of
proposed rulemaking, an agency shall provide interested
persons an opportunity to participate in the rulemaking
through the submission of written material, data,
views, or arguments with or without opportunity for
oral presentation.
``(B) Timeline.--An agency shall provide not less
than 30 days, or, with respect to a proposed major
rule, not less than 90 days, for interested persons to
submit written material, data, views, or arguments.
``(C) 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 (1)(A) for the rule, except
with respect to material that is exempt from disclosure
under section 552(b).
``(3) Change of classification after publication of
notice.--If, after an agency submits the notification and
publishes the notice required under paragraph (1), a proposed
rule is determined to be a major rule, the agency shall--
``(A) publish a notice in the Federal Register with
respect to the change of the classification of the
rule; and
``(B) allow interested persons an additional
opportunity of the greater of an additional 30 days or
a total of 90 days, including the original comment
period for the rule, to comment on--
``(i) the rule; and
``(ii) the change of the classification of
the rule.
``(e) Final Rules.--When an agency adopts a final rule, the agency
shall publish a notice of final rulemaking in the Federal Register,
which shall include--
``(1) a concise, general statement of the basis and purpose
of the rule;
``(2) a reasoned determination by the agency regarding the
considerations described in subsection (b);
``(3) with respect to a major rule--
``(A) a reasoned determination by the agency that
the rule fulfills the statutory objectives;
``(B) the framework for assessing the major rule,
as described in subsection (i); and
``(C) if applicable, a completed Regulatory
Transparency Form as described in subsection (j); and
``(4) a response to each significant issue raised in the
comments on the proposed rule.
``(f) Exemptions.--
``(1) Good cause.--
``(A) In general.--If an agency for good cause
finds that compliance with subsection (c), (d), or (e)
before issuing a final rule is unnecessary,
impracticable, or contrary to the public interest, that
subsection shall not apply and the agency may issue the
final rule.
``(B) Incorporation of good cause finding.--If an
agency makes a finding under subparagraph (A), 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 agency.
``(2) Other rules and statements of policy.--Except as
otherwise required by law, this section shall not apply to
general statements of policy or rules of agency organization,
procedure, or practice.
``(3) Interim rules.--
``(A) In general.--If an agency for good cause
finds, and incorporates the finding and a brief
statement of reasons for the finding in the rule
issued, that compliance with subsections (c), (d), and
(e) before the issuance of an interim rule is
unnecessary, such subsections shall not apply and the
agency may issue an interim rule.
``(B) Impracticability.--If an agency for good
cause finds, and incorporates the finding and a brief
statement of reasons for the finding in the rule
issued, that compliance with subsections (c), (d), and
(e) before the issuance of an interim rule is
impracticable or contrary to the public interest, such
subsections shall not apply to the adoption of an
interim rule by the agency.
``(C) Procedures for adopting interim major rule.--
``(i) In general.--If, after complying with
subparagraph (A) or (B), an agency adopts an
interim rule, the agency shall commence
proceedings that comply with subsections (c),
(d), and (e) immediately upon publication of
the interim rule.
``(ii) Timeline.--Beginning on the date
that is 270 days after the date on which an
agency adopts an interim major rule, the
interim major rule shall have no force or
effect if the agency does not--
``(I) rescind the interim major
rule;
``(II) initiate rulemaking in
accordance with subsections (c), (d),
and (e); or
``(III) take final action to adopt
a final major rule.
``(4) 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 Committee.
``(g) Date of Publication of Rule.--A final substantive rule shall
be published in the Federal Register not later than 30 days or, in the
case of a major rule, 60 days, before the effective date of the rule,
except as otherwise provided by an agency for good cause and as
published with the rule.
``(h) Right To Petition and Review of Rules.--Each agency shall--
``(1) give interested persons the right to petition for the
issuance, amendment, or repeal of a rule; and
``(2) on a continuing basis, permit interested persons to
submit, by electronic means, suggestions for rules that warrant
retrospective review and possible modification or repeal.
``(i) Major Rule Frameworks.--
``(1) In general.--Beginning on the date that is 180 days
after the date of enactment of this subsection, when an agency
publishes in the Federal Register--
``(A) a proposed major rule, the agency shall
include a potential framework for assessing the rule,
which shall include a general statement of how the
agency intends to measure how well the rule meets the
regulatory objectives of the rule; or
``(B) a final major rule, the agency shall include
a framework for assessing the rule under paragraph (2),
which shall include--
``(i) a clear statement of the regulatory
objectives of the rule, including a summary of
the benefit and cost of the rule to the extent
the costs and benefits of the rule were
analyzed;
``(ii) the methodology by which the agency
plans to analyze the rule, including metrics by
which the agency would measure--
``(I) the extent to which the rule
is meeting the regulatory and statutory
objectives of the rule;
``(II) the benefits achieved by the
rule; and
``(III) the impacts, including any
costs, of the rule on regulated
entities and other impacted entities;
``(iii) a plan for gathering data regarding
the metrics and requirements for regulated
entities to submit data described in clause
(ii) on an ongoing basis, or at periodic times,
including a method by which the agency will
invite the public to participate in the review
process and seek input from other agencies; and
``(iv) a specific timeframe, as appropriate
to the rule and not more than 10 years after
the effective date of the rule, under which the
agency shall conduct the assessment of the rule
in accordance with paragraph (2)(A).
``(2) Assessment.--
``(A) In general.--Each agency shall assess the
data collected under paragraph (1)(B)(iii), using the
methodology set forth in paragraph (1)(B)(ii) or any
other appropriate methodology developed after the
issuance of a final major rule to better determine
whether the regulatory objective was achieved, with
respect to the rule--
``(i) to analyze how the actual benefits
and costs of the rule may have varied from
those anticipated at the time the rule was
issued; and
``(ii) to determine whether--
``(I) the rule is accomplishing the
regulatory objective of the rule;
``(II) the rule has been rendered
unnecessary, taking into
consideration--
``(aa) changes in the
subject area affected by the
rule; and
``(bb) whether the rule
overlaps with or duplicates--
``(AA) other rules;
or
``(BB) to the
extent feasible, State
and local government
regulations;
``(III) the rule needs to be
modified in order to accomplish the
regulatory objective;
``(IV) other alternatives to the
rule or modification of the rule could
better achieve the regulatory objective
while maximizing net benefits; and
``(V) an additional assessment of
the rule in accordance with this
subparagraph is appropriate at a
specific time during the 10-year period
following completion of the assessment.
``(B) Different methodology.--If an agency uses a
methodology other than the methodology under paragraph
(1)(B)(ii) to assess data under subparagraph (A), the
agency shall include as part of the notice required to
be published under subparagraph (C) an explanation of
the changes in circumstances that warranted the use of
that other methodology.
``(C) Publication.--Not later than 180 days after
the date on which an agency completes an assessment of
a major rule under subparagraph (A), the agency shall
publish a notice of availability of the results of the
assessment in the Federal Register, including the
specific time for any subsequent assessment of the rule
under subparagraph (C)(i), if applicable.
``(3) OIRA oversight.--The Administrator shall--
``(A) issue guidance, based on models developed by
the National Academy for Public Administration under
the Cost-Benefit Analysis Improvement Act of 2017 for
agencies regarding the development of the framework
under paragraph (1) and the conduct of the assessments
under paragraph (2)(A);
``(B) oversee the timely compliance of agencies
with this subsection;
``(C) ensure that the results of each assessment
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)(D);
``(D) encourage and assist agencies to streamline
and coordinate the assessment of major rules with
similar or related regulatory objectives;
``(E) exempt an agency from including the framework
required under paragraph (1)(B) when publishing a final
major rule if the Administrator determines that
compliance with paragraph (1)(B) is unnecessary,
impracticable, or contrary to the public interest; and
``(F) extend the deadline specified by an agency
for an assessment of a major rule under paragraph
(1)(B)(iv) or paragraph (2)(C)(i)(I) for a period of
not more than 90 days if the agency justifies why the
agency is unable to complete the assessment by that
deadline.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to affect--
``(A) 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
(1)(B)(iv); or
``(B) any other provision of law that requires an
agency to conduct retrospective reviews of rules issued
by the agency.
``(5) Applicability.--
``(A) In general.--This subsection shall not apply
to--
``(i) a major rule of an agency--
``(I) that was issued before the
date of enactment of this subsection;
``(II) that the Administrator
reviewed before the date of enactment
of this subsection;
``(III) 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 subsection, as determined by
the Administrator; or
``(IV) for which the authorizing
statute is subject to periodic
reauthorization by Congress not less
frequently than once every 10 years;
``(ii) interpretative rules, general
statements of policy, or rules of agency
organization, procedure, or practice;
``(iii) routine and administrative rules;
or
``(iv) a rule that is subject to review
under section 2222 of the Economic Growth and
Regulatory Paperwork Reduction Act of 1996 (12
U.S.C. 3311).
``(B) 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 deadline, the agency shall publish the
framework required under paragraph (1)(B) in the
Federal Register not later than 180 days after the date
on which the agency publishes the rule.
``(6) Recommendations to congress.--If, under an assessment
conducted under paragraph (2), an agency determines that a
major rule should be modified or repealed, 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 law.
``(7) Judicial review.--
``(A) In general.--Judicial review of agency
compliance with this subsection is limited to whether
an agency--
``(i) published the framework for
assessment of a major rule under paragraph (1);
or
``(ii) completed and published the required
assessment of a major rule under subparagraphs
(A) and (D) of paragraph (2).
``(B) Remedy available.--In granting relief in an
action brought under subparagraph (A), a court may only
issue an order remanding the major rule, as applicable,
to the agency to comply with paragraph (1) or
subparagraph (A) or (D) of paragraph (2), as
applicable.
``(C) Effective date of major rule.--If, in an
action brought under subparagraph (A)(i), a court
determines that the agency did not comply, the major
rule, as applicable, shall take effect notwithstanding
any order issued by the court.
``(D) Administrator.--Any determination, action, or
inaction of the Administrator under this subsection
shall not be subject to judicial review.
``(j) Uniform Regulatory Transparency Form.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of this subsection, the Administrator shall
establish a single, 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 analysis.
``(2) Purpose.--The purpose of the Regulatory Transparency
Form shall be to increase transparency in the rulemaking
process by providing information regarding the assessment of
costs, benefits, risks, and uncertainties by an agency using
readily understandable and consistent language.
``(3) Content.--The Regulatory Transparency Form shall--
``(A) utilize an easily-readable typeface and font,
not to exceed a single page front and back; and
``(B) include, with respect to a proposed or final
major rule--
``(i) total undiscounted monetized costs
and benefits;
``(ii) total monetized costs and benefits
discounted at not less than 3 appropriate
discount rates;
``(iii) an estimate of the degree of
certainty for all monetized undiscounted and
discounted costs and benefits;
``(iv) a list of all non-monetized costs
and benefits; and
``(v) any other information as determined
by the Administrator.
``(4) Implementation.--
``(A) In general.--The Administrator shall--
``(i) develop and coordinate the
implementation of the Regulatory Transparency
Form;
``(ii) issue guidelines for agencies to
follow when completing the Regulatory
Transparency Form; and
``(iii) provide direction to Executive
agencies (as defined in section 105) with
respect to the requirements of this subsection.
``(B) Updates.--To ensure that agencies use the
best available techniques to quantify and evaluate
anticipated present and future benefits, costs, other
economic issues, and risks as accurately as possible in
the Regulatory Transparency Form, the Administrator
shall periodically update any rules, policies,
procedures, and guidelines established under
subparagraph (A).
``(5) 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 analysis.''.
TITLE II--PILOT COMMISSION ON RETROSPECTIVE REVIEW
SEC. 201. SHORT TITLE.
This title may be cited as the ``Pilot Retrospective Review
Commission Act of 2017''.
SEC. 202. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Pilot
Regulatory Review Commission established under section 203.
(2) Covered regulation.--The term ``covered regulation''
means a regulation impacting the transportation sector that has
been in effect for not less than 10 years before the date on
which the Commission is established.
(3) Covered regulatory agency.--The term ``covered
regulatory agency'' means an agency, as defined in section 3502
of title 44, United States Code, that has the authority to
issue a regulation that impacts the transportation sector.
(4) Regulation.--The term ``regulation'' means a rule, as
defined in section 551 of title 5, United States Code.
SEC. 203. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established in the legislative branch
a commission to be known as the ``Pilot Regulatory Review Commission''.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 12
members, of whom--
(A) 3 members shall be appointed by the majority
leader of the Senate;
(B) 3 members shall be appointed by the minority
leader of the Senate;
(C) 3 members shall be appointed by the Speaker of
the House of Representatives; and
(D) 3 members shall be appointed by the minority
leader of the House of Representatives.
(2) Date.--The appointment of the members of the Commission
shall be made not later than 60 days after the date of
enactment of this Act.
(3) 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 sector, government service,
regulatory policy, economics, science, Federal agency
management, public administration, and law.
(4) Chair.--At the first meeting of the Commission, a
majority of the members of the Commission present and voting
shall elect the Chair of the Commission.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect the powers of the Commission, but shall be filled in the same
manner as the original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the first meeting of the Commission.
(e) Meetings.--The Commission shall meet at the call of the Chair
and shall be open to the public.
(f) Quorum.--Eight members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings.
(g) Nonapplicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(h) Applicability of Certain Ethics Rules.--Members of the
Commission shall be considered special Government employees, as defined
in section 202 of title 18, United States Code.
SEC. 204. DUTIES OF THE COMMISSION.
(a) Purpose.--The purpose of the Commission is to evaluate and
provide recommendations for modification, consolidation, or repeal of
covered regulations with the aim of streamlining regulatory compliance
by reducing compliance costs, encouraging growth and innovation, and
improving competitiveness while continuing to protect public health and
safety and maximize net public benefit.
(b) Requirements.--In carrying out subsection (a), the Commission
shall--
(1) give consideration in its analysis of covered
regulations to those that--
(A) impose disproportionately high costs on a small
entity (as defined in section 601 of title 5, United
States Code);
(B) create substantial recurring paperwork burdens
or transaction costs;
(C) could better meet regulatory objectives; or
(D) overlap, duplicate, or conflict with other
Federal, State, or local law;
(2) solicit and review comments from the public on the
covered regulations described in this section; and
(3) develop a set of covered regulations to recommend be
modified, consolidated, or repealed to be submitted to agencies
for agency and congressional review in accordance with
subsection (i).
(c) Public Comments.--
(1) In general.--Not later than 60 days after the date of
the initial meeting of the Commission, the Commission shall
initiate a public comment period of not less than 120 days to
solicit and collect written recommendations from the general
public, interested parties, Federal agencies, and other
relevant entities regarding which covered regulations should be
examined.
(2) Review and publication.--At the end of the period for
the submission of recommendations under this subsection, the
commission shall review all submitted recommendations and all
recommendations shall be published on the website of the
Commission and summarized in the Federal Register.
(d) Commission Outreach.--During the public comment period
described in subsection (c), 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 Commission.
(e) Examination of Regulations and Initial Report.--
(1) Process for examination.--In examining covered
regulations under this section, the Commission shall determine
the progress of each covered regulation in achieving the stated
policy goals, by using multiple resources, to the extent
practicable, including--
(A) quantitative metrics analyzing the costs and
benefits of the covered regulation;
(B) a qualitative description of the costs and
benefits of the covered regulation;
(C) testimony from agency and outside experts and
impacted communities; and
(D) research from the staff of the Commission.
(2) Deadline.--Not later than 2 years after the date on
which the Commission convenes under section 203(d), the
Commission shall complete an examination of covered regulations
and publish a report, which shall be approved by not fewer than
8 members of the Commission, and include--
(A) the findings and conclusions of the Commission
for the improvement of covered regulations examined by
the Commission; and
(B) a list of recommendations for changes to the
covered regulations examined by the Commission, which
may include recommendations for modification,
consolidation, or repeal of such covered regulations;
(C) a list of any recommended statutory changes for
Congress to consider; and
(D) to the extent possible, the estimated cost or
savings associated with each recommendation.
(3) Public comment period.--During the 90-day period
beginning on the date on which the report required under
paragraph (2) is published, the Commission shall--
(A) solicit comments from the public on such
report, using the same process established under
subsection (c); and
(B) publish any comments received under
subparagraph (A) on the website of the Commission and
summarize the comments in the Federal Register.
(f) Final Report.--
(1) In general.--Not later than 180 days after the date on
which the 90-day period described in subsection (e)(3) ends,
the Commission shall--
(A) review any comments received under subsection
(e)(3);
(B) incorporate any relevant comments received
under subsection (e)(3) into the report; and
(C) submit the revised report to Congress and the
head of each covered regulatory agency.
(2) Review by agency.--Not later than 180 days after the
date on which a revised report is submitted under paragraph
(1)(C), the head of each covered regulatory agency shall--
(A) conduct a review of the relevant
recommendations in the report; and
(B) submit a report to the appropriate committees
of Congress on the review conducted under subparagraph
(A), which shall include--
(i) an explanation of which recommendations
the head of the agency approves of and
disapproves of; and
(ii) a timeline for implementation of the
recommendations approved by the head of the
agency under clause (i).
SEC. 205. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this title.
(b) 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 Government.
(c) Space for Use of Commission.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator of General Services
shall support on a reimbursable basis the operations of the
Commission, including the identification of suitable space to
house the Commission.
(2) Lease.--If the Administrator is not able to make such
suitable space available within the 60-day period described in
paragraph (1), the Commission shall lease space to the extent
that funds are available.
SEC. 206. COMMISSION PERSONNEL MATTERS.
(a) 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 5315 of title 5, United States Code, for each day
(including travel time) during which such member is engaged in the
performance of the duties of the Commission.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) 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 duties. The
employment of an executive director shall be subject to confirmation by
the Commission.
(d) Procurement of Temporary and Intermittent Services.--The Chair
of the Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, 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 5316 of such title.
(e) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the extent
funds are available.
(f) Administrative Support.--Upon the request of the Commission,
the Administrator of General Services shall provide to the Commission,
on a reimbursable basis, the administrative support services necessary
for the Commission to carry out its responsibilities under this Act.
SEC. 207. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits the final report required under section 204(f).
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to the Commission to carry out this title.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until the termination of the Commission.
SEC. 209. GAO REPORT.
Not later than 18 months after the date on which the Commission
submits the final report required under section 204(f), 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 sectors, if any, could be expected to benefit from a similar
evaluation and report conducted by a commission.
TITLE III--PLAIN WRITING ACT FOR REGULATIONS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Plain Writing Act for Regulations
Act of 2017''.
SEC. 302. PURPOSE.
The purpose of this title is to require that Federal regulations
use plain writing, to enhance public understanding of regulations, and
to increase the level of public participation in the rulemaking
process.
SEC. 303. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency''--
(A) means an Executive agency, as defined in
section 105 of title 5, United States Code; and
(B) does not include an agency that is required to
comply with section 722 of the Gramm-Leach-Bliley Act
(12 U.S.C. 4809).
(2) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(3) Plain writing.--The term ``plain writing'' means
writing that is clear, concise, and well-organized, and follows
other best practices appropriate to the subject or field and
intended audience.
(4) Regulation.--The term ``regulation'' means a rule, as
defined in section 551 of title 5, United States Code, that is
issued by an agency.
(5) Rulemaking.--The term ``rulemaking'' has the meaning
given the term in section 551 of title 5, United States Code.
SEC. 304. RESPONSIBILITIES OF FEDERAL AGENCIES.
(a) Preparation for Implementation of Plain Writing Requirements
for Regulations.--
(1) In general.--Not later than 9 months after the date of
enactment of this Act, the head of each agency shall--
(A) designate a senior official within the agency
to oversee the implementation of this title by the
agency;
(B) 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
analyses, or disclose scientific data or technical data
or any other findings, that are required to be
performed or disclosed under subchapter II of chapter 5
of title 5, United States Code, or any other provision
of law;
(C) communicate the requirements of this title to
the employees of the agency;
(D) train employees of the agency to write
regulations using plain writing;
(E) establish a process for overseeing the ongoing
compliance of the agency with the requirements of this
title; and
(F) designate an employee of the agency to serve as
a point of contact to receive and respond to public
input on--
(i) the implementation of this title by the
agency; and
(ii) the agency reports required under
section 306.
(2) Individuals designated.--The individual designated
under subparagraph (A) or (F) of paragraph (1) may be the same
individual designated to carry out similar functions under the
Plain Writing Act of 2010 (5 U.S.C. 301 note).
(b) Requirement To Use Plain Writing in New and Revised
Regulations.--Not later than 12 months after the date of enactment of
this Act, 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 2010 (5 U.S.C. 301 note) in each proposed or final
regulation issued or substantially revised by the agency.
(c) Certification of Compliance.--For each proposed or final
regulation issued by an agency, the head of the agency shall certify to
the Director that the rulemaking documents relating to the regulation
use plain writing.
(d) 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
3506(c) and 3507 of title 44, United States Code, 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 title.
SEC. 305. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT
AND BUDGET.
(a) Guidance.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, 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 analyses, or disclose scientific data or
technical data or any other findings, that are required to be
performed or disclosed by chapter 5 of title 5, United States
Code, or any other provision of law.
(2) Lead agency and interagency working groups.--The
Director may designate a lead agency, and may use interagency
working groups to assist in developing and issuing the guidance
under paragraph (1).
(b) Publication of Certifications.--The Director shall publish each
certification required under section 304(c) on the official website of
the Office of Management and Budget.
SEC. 306. REPORTS.
(a) Initial Report.--Not later than 9 months after the date of
enactment of this Act, 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 2010 (5 U.S.C. 301 note) a report that describes
the agency plan for compliance with the requirements of this title.
(b) Annual Compliance Report.--Not later than 18 months after the
date of enactment of this Act, and annually thereafter, 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 title.
(c) GAO Report.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, 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--
(1) evaluates the extent to which regulations use plain
writing, by conducting a survey of different intended audiences
for a representative sample of major regulations that
measures--
(A) the level of comprehension of each respondent
for each regulation; and
(B) the satisfaction of each respondent with the
plain writing used in each regulation, focusing on
whether the regulation uses writing that is clear,
concise, and well-organized, and follows other best
practices appropriate to the subject or field and
intended audience of the regulation;
(2) assesses the extent to which plain writing helped
increase the level of public participation in the rulemaking
process; and
(3) provides recommendations to--
(A) improve compliance with the requirements of
this title; and
(B) better use plain writing to enhance public
understanding of regulations and increase public
participation in the rulemaking process.
SEC. 307. JUDICIAL REVIEW AND ENFORCEABILITY.
(a) Judicial Review.--There shall be no judicial review of
compliance or noncompliance with any provision of this title.
(b) Enforceability.--No provision of this title may be construed to
create any right or benefit, substantive or procedural, enforceable by
any administrative or judicial action.
TITLE IV--OIRA TRANSPARENCY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Office of Information and
Regulatory Affairs Transparency Act of 2017''.
SEC. 402. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of OIRA.
(2) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(3) Covered individual.--The term ``covered individual''
means--
(A) an individual who is not employed by the
Federal Government; or
(B) an individual who is--
(i) employed by the Federal Government; and
(ii) a representative of a Federal
Government entity that may be regulated by a
regulatory action under review by OIRA.
(4) OIRA.--The term ``OIRA'' means the Office of
Information and Regulatory Affairs, as defined in section 551
of title 5, United States Code, as added by section 102 of this
Act.
(5) 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 rule,
including a notice of inquiry, an advanced notice of proposed
rulemaking, and a notice of proposed rulemaking.
(6) Rule; rulemaking.--The terms ``rule'' and
``rulemaking'' have the meanings given those terms in section
551 of title 5, United States Code.
SEC. 403. PURPOSE.
The purpose of this title is to ensure greater openness,
accessibility, and accountability in the regulatory review process.
SEC. 404. TRANSPARENCY.
Except as otherwise provided by law or required by a court--
(1) the Administrator shall--
(A) ensure that in all substantive communications
between OIRA personnel and covered individuals relating
to a regulatory action under review by OIRA--
(i) a representative from the agency
issuing the regulatory action shall be invited
to any meeting between OIRA personnel and any
covered individual; and
(ii) all written communications, regardless
of format, between OIRA personnel and covered
individuals are forwarded to the agency issuing
the regulatory action not later than 10 working
days after receiving the date on which OIRA
receives the written communication; and
(B) maintain a publicly available log that shall
contain, with respect to each regulatory action under
review by OIRA--
(i) the status of the regulatory action,
including if input from the President or the
Vice President was requested, and if so, when
and by whom;
(ii) a log of all written communications
forwarded to the agency issuing the regulatory
action under subparagraph (A)(ii); and
(iii) information on each substantive oral
communication between OIRA personnel and any
covered individual, including meetings and
telephone conversations, relating to the
regulatory action, which shall include--
(I) the name of each covered
individual involved in the oral
communication;
(II) the date of the oral
communication; and
(III) a summary of all substantive
matters discussed during the oral
communication; and
(2) after a final rule of an agency is published in the
Federal Register or otherwise issued to the public by an
agency, the agency shall--
(A) make available to the public the draft proposed
rule initially provided to OIRA for review;
(B) identify for the public the substantive changes
between the draft proposed rule submitted to OIRA and
the final rule; and
(C) identify for the public those changes in the
final rule that were made at the suggestion or
recommendation of OIRA.
TITLE V--COST-BENEFIT ANALYSIS IMPROVEMENT
SEC. 501. SHORT TITLE.
This title shall be cited as the ``Cost-Benefit Analysis
Improvement Act of 2017''.
SEC. 502. DEFINITIONS.
In this title:
(1) Agency; major rule; rule; rulemaking.--The terms
``agency'', ``major rule'', ``rule'', ``rulemaking'' have the
meanings given those terms in section 551 of title 5, United
States Code.
(2) National academy.--The term ``National Academy'' means
the National Academy of Public Administration.
SEC. 503. COST-BENEFIT STUDY.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Administrator of General Services shall contract with
the National Academy to publish a study of cost-benefit analyses to--
(1) conduct a review of cost-benefit analyses to
determine--
(A) how effective the analyses were at anticipating
the costs, benefits, and other and impacts of major
rules;
(B) what improvements could be made to achieve more
accurate analyses going forward; and
(C) best practices for retrospective assessments of
rules to be used as a model framework in future
rulemakings as outlined under section 553(i) of title
5, United States Code, as added by section 103 of this
Act; and
(2) issue the report required under subsection (c).
(b) Scope of Study.--The study required under subsection (a)(1)
shall--
(1) review, based on recommendations from the public and
agencies, existing documentation as of the date of enactment of
this Act on the costs and benefits associated with 20 major
rules for which a cost-benefit analysis was conducted from
across the regulatory spectrum that have been in effect for not
less than 10 years;
(2) with respect to each major rule reviewed in the study,
include a comparison of the cost-benefit analysis prepared by
the agency that promulgated the major rule with--
(A) an analysis of the criticism of the cost-
benefit analysis by the proponents and opponents of the
major rule during the rulemaking;
(B) what opponents and proponents of the major rule
predicted would be the cost and benefits of the major
rule; and
(C) as of the date on which the study is conducted,
the cost and benefits of the implementation of the
major rule; and
(3) 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
Act.
(c) Report.--Not later than 18 months after the date on which the
Administrator of General Services contracts with the National Academy
under subsection (a), the National Academy shall submit to Congress and
the President a report that contains--
(1) the findings of the study conducted under subsection
(a)(1);
(2) model frameworks for agency assessments under section
553(i) of title 5, United States Code; and
(3) any recommendations the National Academy determines are
necessary or desirable.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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