II 

117TH CONGRESS 

2D SESSION S. 4594 

To establish a National Regulatory Budget, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2022 

Mr. MARSHALL (for himself and Mr. CRUZ) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To establish a National Regulatory Budget, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Regulatory 

5 Budget Act of 2022’’. 

6 SEC. 2. ESTABLISHMENT OF THE OFFICE OF REGULATORY 

7 ANALYSIS. 

8 (a) IN GENERAL.—Part I of title 5, United States 

9 Code, is amended by inserting after chapter 6 the fol10 lowing: 


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1 ‘‘CHAPTER 6A—NATIONAL REGULATORY 

2 BUDGET AND OFFICE OF REGU3 LATORY ANALYSIS 

‘‘Sec. 

‘‘613. Definitions. 

‘‘614. Office of Regulatory Analysis; establishment; powers. 

‘‘615. Functions of Office of Regulatory Analysis; Executive branch agency compliance. 

‘‘616. Public disclosure of estimate methodology and data; privacy. 

‘‘617. National Regulatory Budget; timeline. 

‘‘618. Executive branch agency cooperation mandatory; information sharing. 

‘‘619. Enforcement. 

‘‘620. Regulatory Analysis Advisory Board. 

4 ‘‘§ 613. Definitions 

5 ‘‘In this chapter— 

6 ‘‘(1) the term ‘aggregate costs’, with respect to 

7 a covered Federal rule, means the sum of— 

8 ‘‘(A) the direct costs of the covered Fed9 eral rule; and 

10 ‘‘(B) the regulatory costs of the covered 

11 Federal rule; 

12 ‘‘(2) the term ‘covered Federal rule’ means— 

13 ‘‘(A) a rule (as defined in section 551); 

14 ‘‘(B) an information collection requirement 

15 given a control number by the Office of Man16 agement and Budget; or 

17 ‘‘(C) guidance or a directive that— 

18 ‘‘(i) is not described in subparagraph 

19 (A) or (B); 


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1 ‘‘(ii)(I) is mandatory in its application 

2 to regulated entities; or 

3 ‘‘(II) represents a statement of agency 

4 position that regulated entities would rea5 sonably construe as reflecting the enforce6 ment or litigation position of the agency; 

7 and 

8 ‘‘(iii) imposes not less than 

9 $25,000,000 in annual costs on regulated 

10 entities; 

11 ‘‘(3) the term ‘direct costs’ means— 

12 ‘‘(A) expenditures made by an Executive 

13 branch agency that relate to the promulgation, 

14 administration, or enforcement of a covered 

15 Federal rule; or 

16 ‘‘(B) costs incurred by an Executive 

17 branch agency or any other instrumentality of 

18 the Federal Government because of a covered 

19 Federal rule; 

20 ‘‘(4) the term ‘Director’ means the Director of 

21 the Office of Regulatory Analysis established under 

22 section 614(b); 

23 ‘‘(5) the term ‘Executive branch agency’ has 

24 the meaning given the term ‘agency’ in section 551, 

25 except that it shall not include an authority of the 


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1 Government of the United States that is within an2 other agency; 

3 ‘‘(6) the term ‘regulated entity’ means— 

4 ‘‘(A) a for-profit private sector entity (in5 cluding an individual who is in business as a 

6 sole proprietor); 

7 ‘‘(B) a not-for-profit private sector entity; 

8 or 

9 ‘‘(C) a State or local government; and 

10 ‘‘(7) the term ‘regulatory costs’ means all costs 

11 incurred by a regulated entity because of covered 

12 Federal rules. 

13 ‘‘§ 614. Office of Regulatory Analysis; establishment; 

14 powers 

15 ‘‘(a) ESTABLISHMENT.—There is established in the 

16 executive branch an independent establishment to be 

17 known as the ‘Office of Regulatory Analysis’. 

18 ‘‘(b) DIRECTOR.— 

19 ‘‘(1) ESTABLISHMENT OF POSITION.—There 

20 shall be at the head of the Office of Regulatory 

21 Analysis a Director, who shall be appointed by the 

22 President, by and with the advice and consent of the 

23 Senate. 

24 ‘‘(2) TERM.— 


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1 ‘‘(A) IN GENERAL.—The term of office of 

2 the Director shall— 

3 ‘‘(i) be 4 years; and 

4 ‘‘(ii) expire on the last day of Feb5 ruary following each Presidential election. 

6 ‘‘(B) APPOINTMENTS PRIOR TO EXPIRA7 TION OF TERM.—Subject to subparagraph (C), 

8 an individual appointed as Director to fill a va9 cancy prior to the expiration of a term shall 

10 serve only for the unexpired portion of the 

11 term. 

12 ‘‘(C) SERVICE UNTIL APPOINTMENT OF

13 SUCCESSOR.—An individual serving as Director 

14 at the expiration of a term may continue to 

15 serve until a successor is appointed. 

16 ‘‘(3) POWERS.— 

17 ‘‘(A) APPOINTMENT OF DEPUTY DIREC18 TORS, OFFICERS, AND EMPLOYEES.— 

19 ‘‘(i) IN GENERAL.—The Director may 

20 appoint Deputy Directors, officers, and 

21 employees, including attorneys, in accord22 ance with chapter 51 and subchapter III of 

23 chapter 53. 

24 ‘‘(ii) TERM OF DEPUTY DIRECTORS.— 

25 A Deputy Director shall serve until the exVerDate Sep 11 2014 03:48 Jul 26, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4594.IS S4594

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1 piration of the term of office of the Direc2 tor who appointed the Deputy Director 

3 (and until a successor to that Director is 

4 appointed), unless sooner removed by the 

5 Director. 

6 ‘‘(B) CONTRACTING.— 

7 ‘‘(i) IN GENERAL.—The Director may 

8 contract for financial and administrative 

9 services (including those related to budget 

10 and accounting, financial reporting, per11 sonnel, and procurement) with the General 

12 Services Administration, or such other 

13 Federal agency as the Director determines 

14 appropriate, for which payment shall be 

15 made in advance, or by reimbursement, 

16 from funds of the Office of Regulatory 

17 Analysis in such amounts as may be 

18 agreed upon by the Director and the head 

19 of the Federal agency providing the serv20 ices. 

21 ‘‘(ii) SUBJECT TO APPROPRIATIONS.— 

22 Contract authority under clause (i) shall be 

23 effective for any fiscal year only to the ex24 tent that appropriations are available for 

25 that purpose. 


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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Office of Regu3 latory Analysis for each fiscal year such sums as may be 

4 necessary to enable the Office of Regulatory Analysis to 

5 carry out its duties and functions. 

6 ‘‘§ 615. Functions of Office of Regulatory Analysis; Ex7 ecutive branch agency compliance 

8 ‘‘(a) ANNUAL REPORT REQUIRED.— 

9 ‘‘(1) IN GENERAL.—Not later than January 30 

10 of each year, the Director shall submit to the Com11 mittee on Homeland Security and Governmental Af12 fairs of the Senate, the Committee on Small Busi13 ness and Entrepreneurship of the Senate, the Com14 mittee on Oversight and Reform of the House of 

15 Representatives, and the Committee on Small Busi16 ness of the House of Representatives a Report on 

17 National Regulatory Costs (referred to in this sec18 tion as the ‘Report’) that includes the information 

19 specified under paragraph (2). 

20 ‘‘(2) CONTENTS.—Each Report shall include– 

21 ‘‘(A) an estimate, for the fiscal year during 

22 which the Report is submitted and for the pre23 ceding fiscal year, of— 


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1 ‘‘(i) the regulatory costs imposed by 

2 each Executive branch agency on regulated 

3 entities; 

4 ‘‘(ii) the aggregate costs imposed by 

5 each Executive branch agency; 

6 ‘‘(iii) the aggregate costs imposed by 

7 all Executive branch agencies combined; 

8 ‘‘(iv) the direct costs incurred by the 

9 Federal Government because of covered 

10 Federal rules issued by each Executive 

11 branch agency; 

12 ‘‘(v) the sum of the costs described in 

13 clauses (iii) and (iv); 

14 ‘‘(vi) the regulatory costs imposed by 

15 each Executive branch agency on small 

16 businesses, small organizations, and small 

17 governmental jurisdictions (as those terms 

18 are defined in section 601); and 

19 ‘‘(vii) the sum of the costs described 

20 in clause (vi); 

21 ‘‘(B) an analysis of any major changes in 

22 estimation methodology used by the Office of 

23 Regulatory Analysis since the previous annual 

24 report; 


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1 ‘‘(C) an analysis of any major estimate 

2 changes caused by improved or inadequate data 

3 since the previous annual report; 

4 ‘‘(D) recommendations, both general and 

5 specific, regarding— 

6 ‘‘(i) how regulations may be stream7 lined, simplified, and modernized; 

8 ‘‘(ii) regulations that should be re9 pealed; and 

10 ‘‘(iii) how the Federal Government 

11 may reduce the costs of regulations with12 out diminishing the effectiveness of regula13 tions; and 

14 ‘‘(E) any other information that the Direc15 tor determines may be of assistance to Congress 

16 in determining the National Regulatory Budget 

17 required under section 617. 

18 ‘‘(b) REGULATORY ANALYSIS OF NEW RULES.— 

19 ‘‘(1) REQUIREMENT.—The Director shall pub20 lish in the Federal Register and on the website of 

21 the Office of Regulatory Analysis a regulatory anal22 ysis of each proposed covered Federal rule issued by 

23 an Executive branch agency, and each proposed 

24 withdrawal or modification of a covered Federal rule 

25 by an Executive branch agency, that— 


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1 ‘‘(A) imposes costs on a regulated entity; 

2 or 

3 ‘‘(B) reduces costs imposed on a regulated 

4 entity. 

5 ‘‘(2) CONTENTS.—Each regulatory analysis 

6 published under paragraph (1) shall include— 

7 ‘‘(A) an estimate of the change in regu8 latory cost of each proposed covered Federal 

9 rule (or proposed withdrawal or modification of 

10 a covered Federal rule); and 

11 ‘‘(B) any other information or rec12 ommendation that the Director may choose to 

13 provide. 

14 ‘‘(3) TIMING OF REGULATORY ANALYSIS.— 

15 ‘‘(A) INITIAL REGULATORY ANALYSIS.— 

16 Not later than 60 days after the date on which 

17 the Director receives a copy of a proposed cov18 ered Federal rule from the head of an Execu19 tive branch agency under paragraph (4), the 

20 Director shall publish an initial regulatory anal21 ysis. 

22 ‘‘(B) REVISED REGULATORY ANALYSIS.— 

23 The Director may publish a revised regulatory 

24 analysis at any time. 


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1 ‘‘(4) NOTICE TO DIRECTOR OF PROPOSED COV2 ERED FEDERAL RULE.—The head of an Executive 

3 branch agency shall provide a copy of each proposed 

4 covered Federal rule to the Director in a manner 

5 prescribed by the Director. 

6 ‘‘(c) EFFECTIVE DATES.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), a covered Federal rule may not take ef9 fect earlier than 75 days after the date on which the 

10 head of the Executive branch agency proposing the 

11 covered Federal rule submits a copy of the proposed 

12 covered Federal rule to the Director in the manner 

13 prescribed by the Director under subsection (b)(4). 

14 ‘‘(2) EXCEPTION.—If the head of the Executive 

15 branch agency proposing a covered Federal rule de16 termines that the public health or safety or national 

17 security requires that the covered Federal rule be 

18 promulgated earlier than the date specified under 

19 paragraph (1), the head of the Executive branch 

20 agency may promulgate the covered Federal rule 

21 without regard to paragraph (1). 

22 ‘‘§ 616. Public disclosure of estimate methodology and 

23 data; privacy 

24 ‘‘(a) PRIVACY.—The Director shall comply with all 

25 relevant privacy laws, including— 


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1 ‘‘(1) the Confidential Information Protection 

2 and Statistical Efficiency Act of 2002 (44 U.S.C. 

3 3501 note); 

4 ‘‘(2) section 9 of title 13; and 

5 ‘‘(3) section 6103 of the Internal Revenue Code 

6 of 1986. 

7 ‘‘(b) DISCLOSURE.— 

8 ‘‘(1) IN GENERAL.—To the maximum extent 

9 permitted by law, the Director shall disclose, by pub10 lication in the Federal Register and on the website 

11 of the Office of Regulatory Analysis, the method12 ology and data used to generate the estimates in the 

13 Report on National Regulatory Costs required under 

14 section 615. 

15 ‘‘(2) GOAL OF DISCLOSURE.—In disclosing the 

16 methodology and data under paragraph (1), the Di17 rector shall seek to provide sufficient information so 

18 that outside researchers may replicate the results 

19 contained in the Report on National Regulatory 

20 Costs. 

21 ‘‘§ 617. National Regulatory Budget; timeline 

22 ‘‘(a) DEFINITION.—In this section— 

23 ‘‘(1) the term ‘annual overall regulatory cost 

24 cap’ means the maximum amount of regulatory costs 


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1 that all Executive branch agencies combined may 

2 impose in a fiscal year; 

3 ‘‘(2) the term ‘annual agency regulatory cost 

4 cap’ means the maximum amount of regulatory costs 

5 that an Executive branch agency may impose in a 

6 fiscal year; and 

7 ‘‘(3) the term ‘National Regulatory Budget’ 

8 means an Act of Congress that establishes, for a fis9 cal year— 

10 ‘‘(A) the annual overall regulatory cost 

11 cap; and 

12 ‘‘(B) an annual agency regulatory cost cap 

13 for each Executive branch agency. 

14 ‘‘(b) COMMITTEE DEADLINES.— 

15 ‘‘(1) REFERRAL.—Not later than March 31 of 

16 each year— 

17 ‘‘(A) the Committee on Small Business 

18 and Entrepreneurship of the Senate shall refer 

19 to the Committee on Homeland Security and 

20 Governmental Affairs of the Senate a bill that 

21 sets forth a National Regulatory Budget for the 

22 fiscal year beginning on October 1 of that year; 

23 and 

24 ‘‘(B) the Committee on Small Business of 

25 the House of Representatives shall refer to the 


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1 Committee on Oversight and Reform of the 

2 House of Representatives a bill that sets forth 

3 a National Regulatory Budget for the fiscal 

4 year beginning on October 1 of that year. 

5 ‘‘(2) REPORTING.—Not later than May 31 of 

6 each year— 

7 ‘‘(A) the Committee on Homeland Security 

8 and Governmental Affairs of the Senate shall 

9 report a bill establishing a National Regulatory 

10 Budget for the fiscal year beginning on October 

11 1 of that year; and 

12 ‘‘(B) the Committee on Oversight and Re13 form of the House of Representatives shall re14 port a bill establishing a National Regulatory 

15 Budget for the fiscal year beginning on October 

16 1 of that year. 

17 ‘‘(c) PASSAGE.—Not later than July 31 of each year, 

18 the House of Representatives and the Senate shall each 

19 pass a bill establishing a National Regulatory Budget for 

20 the fiscal year beginning on October 1 of that year. 

21 ‘‘(d) PRESENTMENT.—Not later than September 15 

22 of each year, Congress shall pass and present to the Presi23 dent a National Regulatory Budget for the fiscal year be24 ginning on October 1 of that year. 

25 ‘‘(e) DEFAULT BUDGET.— 


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1 ‘‘(1) IN GENERAL.—If a National Regulatory 

2 Budget is not enacted with respect to a fiscal year, 

3 the most recently enacted National Regulatory 

4 Budget shall apply to that fiscal year. 

5 ‘‘(2) DEFAULT INITIAL BUDGET.— 

6 ‘‘(A) CALCULATION.—If a National Regu7 latory Budget is not enacted with respect to a 

8 fiscal year, and no National Regulatory Budget 

9 has previously been enacted— 

10 ‘‘(i) the annual agency regulatory cost 

11 cap for an Executive branch agency for the 

12 fiscal year shall be equal to the amount of 

13 regulatory costs imposed by that Executive 

14 branch agency on regulated entities during 

15 the preceding fiscal year, as estimated by 

16 the Director in the annual report sub17 mitted to Congress under section 615(a); 

18 and 

19 ‘‘(ii) the annual overall regulatory cost 

20 cap for the fiscal year shall be equal to the 

21 sum of the amounts described in clause (i). 

22 ‘‘(B) EFFECT.—For purposes of section 

23 619, an annual agency regulatory cost cap de24 scribed in subparagraph (A) that applies to a 

25 fiscal year shall have the same effect as if the 


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1 annual agency regulatory cost cap were part of 

2 a National Regulatory Budget applicable to 

3 that fiscal year. 

4 ‘‘(f) INITIAL BUDGET.—The first National Regu5 latory Budget shall be with respect to fiscal year 2024. 

6 ‘‘§ 618. Executive branch agency cooperation manda7 tory; information sharing 

8 ‘‘(a) EXECUTIVE BRANCH AGENCY COOPERATION

9 MANDATORY.—Not later than 45 days after the date on 

10 which the Director requests any information from an Ex11 ecutive branch agency, the Executive branch agency shall 

12 provide the Director with the information. 

13 ‘‘(b) MEMORANDA OF UNDERSTANDING REGARDING

14 CONFIDENTIALITY.— 

15 ‘‘(1) IN GENERAL.—An Executive branch agen16 cy may require the Director to enter into a memo17 randum of understanding regarding the confiden18 tiality of information provided by the Executive 

19 branch agency to the Director under subsection (a) 

20 as a condition precedent to providing any requested 

21 information. 

22 ‘‘(2) DEGREE OF CONFIDENTIALITY OR DATA

23 PROTECTION.—An Executive branch agency may not 

24 require a greater degree of confidentiality or data 

25 protection from the Director in a memorandum of 


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1 understanding entered into under paragraph (1) 

2 than the Executive branch agency itself must adhere 

3 to. 

4 ‘‘(3) SCOPE.—A memorandum of understanding 

5 entered into by the Director and an Executive 

6 branch agency under paragraph (1) shall— 

7 ‘‘(A) be general in scope; and 

8 ‘‘(B) govern all pending and future re9 quests made to the Executive branch agency by 

10 the Director. 

11 ‘‘(c) SANCTIONS FOR NON-COOPERATION.— 

12 ‘‘(1) IN GENERAL.—The appropriations of an 

13 Executive branch agency for a fiscal year shall be re14 duced by one-half of 1 percent if, during that fiscal 

15 year, the Director finds that— 

16 ‘‘(A) the Executive branch agency has 

17 failed to timely provide information that the Di18 rector requested under subsection (a); 

19 ‘‘(B) the Director has provided notice of 

20 the failure described in subparagraph (A) to the 

21 Executive branch agency; 

22 ‘‘(C) the Executive branch agency has 

23 failed to cure the failure described in subpara24 graph (A) within 30 days of being notified 

25 under subparagraph (B); and 


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1 ‘‘(D) the information that the Director re2 quested under subsection (a)— 

3 ‘‘(i) is in the possession of the Execu4 tive branch agency; or 

5 ‘‘(ii) may reasonably be developed by 

6 the Executive branch agency. 

7 ‘‘(2) SEQUESTRATION.—The Office of Manage8 ment and Budget, in consultation with the Office of 

9 Federal Financial Management and Financial Man10 agement Service, shall enforce a reduction in appro11 priations under paragraph (1) by sequestering the 

12 appropriate amount of funds and returning the 

13 funds to the Treasury. 

14 ‘‘(3) APPEALS.— 

15 ‘‘(A) IN GENERAL.—The Director of the 

16 Office of Management and Budget may reduce 

17 the amount of, or except as provided in sub18 paragraph (B), waive, a sanction imposed under 

19 paragraph (1) if the Director of the Office of 

20 Management and Budget finds that— 

21 ‘‘(i) the sanction is unwarranted; 

22 ‘‘(ii) the sanction is disproportionate 

23 to the gravity of the failure; 

24 ‘‘(iii) the failure has been cured; or 


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1 ‘‘(iv) providing the requested informa2 tion would adversely affect national secu3 rity. 

4 ‘‘(B) NO WAIVER FOR HISTORICALLY NON5 COMPLIANT AGENCIES.—The Director of the 

6 Office of Management and Budget may not 

7 waive a sanction imposed on an Executive 

8 branch agency under paragraph (1) if the Exec9 utive branch agency has a history of non-com10 pliance with requests for information by the Di11 rector of the Office of Regulatory Analysis 

12 under subsection (a). 

13 ‘‘(d) NATIONAL SECURITY.—The Director may not 

14 require an Executive branch agency to provide information 

15 under subsection (a) that would adversely affect national 

16 security. 

17 ‘‘§ 619. Enforcement 

18 ‘‘(a) EXCEEDING ANNUAL AGENCY REGULATORY

19 COST CAP.—An Executive branch agency that exceeds the 

20 annual agency regulatory cost cap imposed by the Na21 tional Regulatory Budget for a fiscal year may not pro22 mulgate a new covered Federal rule that increases regu23 latory costs until the Executive branch agency no longer 

24 exceeds the annual agency regulatory cost cap imposed by 

25 the applicable National Regulatory Budget. 


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1 ‘‘(b) DETERMINATION OF DIRECTOR.— 

2 ‘‘(1) IN GENERAL.—An Executive branch agen3 cy may not promulgate a covered Federal rule unless 

4 the Director determines, in conducting the regu5 latory analysis of the covered Federal rule under 

6 section 615(b)(3)(A) that, after the Executive 

7 branch agency promulgates the covered Federal rule, 

8 the Executive branch agency will not exceed the an9 nual agency regulatory cost cap for that Executive 

10 branch agency. 

11 ‘‘(2) TIMING.—The Director shall make a de12 termination under paragraph (1) with respect to a 

13 proposed covered Federal rule not later than 60 

14 days after the Director receives a copy of the pro15 posed covered Federal rule under section 615(b)(4). 

16 ‘‘(c) EFFECT OF VIOLATION OF THIS SECTION.— 

17 ‘‘(1) NO FORCE OR EFFECT.—A covered Fed18 eral rule that is promulgated in violation of this sec19 tion shall have no force or effect. 

20 ‘‘(2) JUDICIAL ENFORCEMENT.—Any party 

21 may bring an action in a district court of the United 

22 States to declare that a covered Federal rule has no 

23 force or effect because the covered Federal rule was 

24 promulgated in violation of this section. 


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1 ‘‘§ 620. Regulatory Analysis Advisory Board 

2 ‘‘(a) ESTABLISHMENT OF BOARD.—In accordance 

3 with the Federal Advisory Committee Act (5 U.S.C. App.), 

4 the Director shall— 

5 ‘‘(1) establish a Regulatory Analysis Advisory 

6 Board; and 

7 ‘‘(2) appoint not fewer than 9 and not more 

8 than 15 individuals as members of the Regulatory 

9 Analysis Advisory Board. 

10 ‘‘(b) QUALIFICATIONS.—The Director shall appoint 

11 individuals with technical and practical expertise in eco12 nomics, law, accounting, science, management, and other 

13 areas that will aid the Director in preparing the annual 

14 Report on National Regulatory Costs required under sec15 tion 615.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 (1) TABLE OF CHAPTERS.—The table of chap18 ters for part I of title 5, United States Code, is 

19 amended by inserting after the item relating to 

20 chapter 6 the following: 

‘‘6A. National Regulatory Budget and Office of Regulatory Analysis 613’’. 

21 (2) INTERNAL REVENUE CODE OF 1986.—Sec22 tion 6103(j) of the Internal Revenue Code of 1986 

23 is amended by adding at the end the following: 

24 ‘‘(7) OFFICE OF REGULATORY ANALYSIS.— 

25 Upon written request by the Director of the Office 


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1 of Regulatory Analysis established under section 614 

2 of title 5, United States Code, the Secretary shall 

3 furnish to officers and employees of the Office of 

4 Regulatory Analysis return information for the pur5 pose of, but only to the extent necessary for, an 

6 analysis of regulatory costs.’’. 

7 SEC. 3. REPORT ON DUPLICATIVE PERSONNEL; REPORT ON 

8 REGULATORY ANALYSIS. 

9 (a) DEFINITION.—In this section, the term ‘‘Direc10 tor’’ means the Director of the Office of Regulatory Anal11 ysis established under section 614(b) of title 5, United 

12 States Code, as added by section 2. 

13 (b) REPORT ON DUPLICATIVE PERSONNEL.—Not 

14 later than December 31, 2022, the Director shall submit 

15 to Congress a report determining positions in the Federal 

16 Government that are— 

17 (1) duplicative of the work performed by the 

18 Office of Regulatory Analysis established under sec19 tion 614 of title 5, United States Code, as added by 

20 section 2; or 

21 (2) otherwise rendered cost ineffective by the 

22 work of the Office of Regulatory Analysis. 

23 (c) REPORT ON REGULATORY ANALYSIS.— 

24 (1) REPORT REQUIRED.—Not later than June 

25 30, 2023, the Director shall submit to Congress a 


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1 report analyzing the practice of Federal regulatory 

2 analysis with respect to, and the effectiveness of— 

3 (A) chapter 6 of title 5, United States 

4 Code (commonly known as the ‘‘Regulatory 

5 Flexibility Act’’); 

6 (B) the Small Business Regulatory En7 forcement Fairness Act of 1996 (5 U.S.C. 601 

8 note); 

9 (C) chapter 35 of title 44, United States 

10 Code (commonly known as the ‘‘Paperwork Re11 duction Act’’); 

12 (D) each Executive order that mandates 

13 economic analysis of Federal regulations; and 

14 (E) Office of Management and Budget cir15 culars, directives, and memoranda that mandate 

16 economic analysis of Federal regulations. 

17 (2) RECOMMENDATIONS.—The report under 

18 paragraph (1) shall include recommendations about 

19 how Federal regulatory analysis may be improved. 

20 SEC. 4. ADMINISTRATIVE PROCEDURE. 

21 (a) DEFINITION OF ‘‘RULE’’.—Section 551(4) of title 

22 5, United States Code, is amended by inserting after ‘‘re23 quirements of an agency’’ the following: ‘‘, whether or not 

24 the agency statement amends the Code of Federal Regula25 tions and including, without limitation, a statement deVerDate Sep 11 2014 03:48 Jul 26, 2022 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4594.IS S4594

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1 scribed by the agency as a regulation, rule, directive, or 

2 guidance,’’. 

3 (b) NOTICE OF PROPOSED RULEMAKING.—Section 

4 553(b) of title 5, United States Code, is amended, fol5 lowing the flush text, in subparagraph (A) by striking ‘‘in6 terpretative rules, general statements of policy, or’’. 

Æ 


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