OIRA Insight, Reform, and Accountability Act
This bill provides statutory authority for and revises requirements concerning the Office of Information and Regulatory Affairs' review of significant regulatory actions.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1204 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1204
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, 2019
Mr. Mitchell introduced the following bill; which was referred to the
Committee on Oversight and 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;
``(C) the development of streamlined regulatory
approaches for small businesses and other entities; and
``(D) the methods used to ensure agencies
coordinate with State, local, and Tribal governments.
``(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) A summary of the agency's plan to
coordinate with State, local, and Tribal
governments throughout the regulatory process.
``(vi) A description of any action taken by
the agency to ensure that each planned
significant regulatory action is not
duplicative or conflicting with any other
existing or planned regulatory action.
``(vii) The schedule for each such action,
including a statement of any applicable
statutory or judicial deadline.
``(viii) 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 head of each
agency shall submit the program descriptions required
in subparagraph (B) to the Administrator. The
Administrator shall work with other 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 March 15 and September 15 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;
``(ii) any available clear summary of the
expected costs or benefits; and
``(iii) efforts to coordinate with State,
local, and Tribal governments.
``(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 and policies
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. OIRA shall maintain a log of
each agency consultation with OIRA before submitting the
significant regulatory action for review under this section,
including the date of the consultation, the name of each agency
official involved with the consultation, and a description of
the purpose of the consultation.
``(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) An explanation of agency efforts to coordinate with
State, local, and Tribal governments throughout the regulatory
process.
``(7) 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 mutual agreement of the Administrator and the head
of the agency. For each 30-day extension, the Administrator
shall make publicly available online a written explanation,
including the reasons for the extension and an estimate of the
expected conclusion date.
``(6) Return.--If the Administrator determines OIRA is
unable to conclude 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 impacted 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 review 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
``(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.--As soon as practicable
and before publication in the Federal Register of a significant
regulatory action for which OIRA concluded review under this
section, the head of the submitting agency shall make available
to the Administrator a redline of any changes the agency made
to the regulatory action during the review 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. Disclosure of regulatory review
``(a) In General.--On the earlier of the date on which an agency
publishes a significant regulatory action reviewed under section 3523
in the Federal Register, the agency otherwise makes the significant
regulatory action publicly available, or 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);
``(4) all documents exchanged between senior level
officials at OIRA and the agency during the review; and
``(5) a list of each consultation described under section
3523(b).
``(b) Agency Disclosure.--Each agency that submits a significant
regulatory actions to OIRA under section 3522 or 3523 shall maintain on
the website of the agency the following:
``(1) A list of each active regulatory action, including
the status of the regulatory action or a link to each entry on
the unified agenda.
``(2) The most recent regulatory plan of the agency.
``(3) A link to each record disclosed under subsection (a).
``(c) Plain Language Requirement.--All information provided to the
public shall, to the extent practicable, be in plain, understandable
language.
``(d) Recordkeeping.--The Administrator shall ensure any record
associated with a significant regulatory action submitted to OIRA under
section 3522 or 3523 is easily accessible for a period of time
consistent with approved records disposition schedules for the agency,
in a manner that all records associated with a significant regulatory
action can be promptly submitted to Congress upon request.''.
(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. 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 and a written
explanation of the exemption, including the
date of the decision and the reasons for
exempting the specific statement, is made
publically available online;
``(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--
``(A) 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; or
``(B) any agency statement of general applicability
and future effect, other than a substantive action
described in subparagraph (A), which sets forth a
policy on a statutory, regulatory, or technical issue
or an interpretation of a statutory or regulatory
issue;
``(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).
(e) Effective Date.--Section 3524 of title 44, as added by
subsection (a), shall take effect 120 days after the date of the
enactment of this Act.
SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and 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.
Referred to the Committee on Oversight and 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.
Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.
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