II 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Regulatory Improvement and Transparency Act of 

6 2017’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 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. 


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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. 

1 TITLE I—ADMINISTRATIVE PRO2 CEDURES IMPROVEMENT ACT 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Administrative Proce5 dures Improvement Act of 2017’’. 

6 SEC. 102. DEFINITIONS. 

7 Title 5, United States Code, is amended— 

8 (1) in section 551— 

9 (A) in paragraph (5), by striking ‘‘rule 

10 making’’ and inserting ‘‘rulemaking’’; 


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1 (B) in paragraph (6), by striking ‘‘rule 

2 making’’ and inserting ‘‘rulemaking’’; 

3 (C) in paragraph (13), by striking ‘‘and’’ 

4 at the end; 

5 (D) in paragraph (14), by striking the pe6 riod at the end and inserting a semicolon; and 

7 (E) by adding at the end the following: 

8 ‘‘(15) ‘major rule’ means any rule that the Ad9 ministrator determines has resulted in or is likely to 

10 result in— 

11 ‘‘(A) an annual effect on the economy of 

12 $100,000,000 or more, adjusted at least every 

13 5 years to reflect increases in the Consumer 

14 Price Index for All Urban Consumers, as pub15 lished by the Bureau of Labor Statistics of the 

16 Department of Labor; 

17 ‘‘(B) a major increase in costs or prices for 

18 consumers, individual industries, Federal, 

19 State, local, or tribal government agencies, or 

20 geographic regions; or 

21 ‘‘(C) significant adverse effects on competi22 tion, employment, investment, productivity, in23 novation, public health and safety, or the envi24 ronment; 


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1 ‘‘(16) ‘Office of Information and Regulatory Af2 fairs’ means the office established under section 

3 3503 of title 44 and any successor to that office; 

4 and 

5 ‘‘(17) ‘Administrator’ means the Administrator 

6 of the Office of Information and Regulatory Af7 fairs.’’; and 

8 (2) in section 804, by striking paragraph (2) 

9 and inserting the following: 

10 ‘‘(2) The term ‘major rule’ has the meaning 

11 given the term in section 551.’’. 

12 SEC. 103. RULEMAKING. 

13 Section 553 of title 5, United States Code, is amend14 ed— 

15 (1) in the section heading, by striking ‘‘Rule 

16 making’’ and inserting ‘‘Rulemaking’’; 

17 (2) in subsection (a), by striking ‘‘(a) This sec18 tion applies’’ and inserting the following: 

19 ‘‘(a) APPLICABILITY.—This section applies’’; and 

20 (3) by striking subsections (b) through (e) and 

21 inserting the following: 

22 ‘‘(b) RULEMAKING CONSIDERATIONS.—In a rule23 making, an agency shall consider, in addition to other ap24 plicable considerations, the following: 


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1 ‘‘(1) The legal authority under which a rule 

2 may be proposed, including whether rulemaking is 

3 required by statute or is within the discretion of the 

4 agency. 

5 ‘‘(2) The nature and significance of the problem 

6 the agency intends to address with a rule. 

7 ‘‘(3) Whether existing rules have created or 

8 contributed to the problem the agency may address 

9 with a rule and, if so, whether those rules could be 

10 amended or rescinded to address the problem in 

11 whole or in part. 

12 ‘‘(c) INITIATION OF RULEMAKING FOR MAJOR

13 RULES.— 

14 ‘‘(1) NOTICE FOR MAJOR RULES.—When an 

15 agency determines to initiate a rulemaking that may 

16 result in a major rule, the agency shall— 

17 ‘‘(A) establish an electronic docket for that 

18 rulemaking, which may have a physical counter19 part; and 

20 ‘‘(B) publish a notice of initiation of rule21 making in the Federal Register, which shall— 

22 ‘‘(i) briefly describe the subject, the 

23 problem to be solved, and the objectives of 

24 the rule; 


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1 ‘‘(ii) reference the legal authority 

2 under which the rule would be proposed; 

3 and 

4 ‘‘(iii) indicate how interested persons 

5 may submit written material for the dock6 et. 

7 ‘‘(2) ACCESSIBILITY.—All material submitted to 

8 an agency under paragraph (1)(B)(iii) shall be made 

9 accessible to the public and promptly placed in the 

10 docket required under paragraph (1), except with re11 spect to material that is exempt from disclosure 

12 under section 552(b). 

13 ‘‘(3) TIMETABLE.— 

14 ‘‘(A) IN GENERAL.—With respect to a 

15 rulemaking for a major rule, the agency pro16 posing the rule shall establish a timetable for 

17 the rulemaking that— 

18 ‘‘(i) includes intermediate and final 

19 completion dates for actions of the agency; 

20 and 

21 ‘‘(ii) shall be published in the elec22 tronic docket. 

23 ‘‘(B) CONSIDERATION OF FACTORS.—In 

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1 paragraph (A), an agency shall consider rel2 evant factors, including— 

3 ‘‘(i) the size and complexity of the 

4 rulemaking; 

5 ‘‘(ii) the resources available to the 

6 agency; 

7 ‘‘(iii) any mandatory judicial orders 

8 governing the timing of the rulemaking; 

9 ‘‘(iv) the national significance of the 

10 rulemaking; and 

11 ‘‘(v) all mandatory statutory require12 ments that govern the timing of the rule13 making. 

14 ‘‘(C) REPORT REQUIRED.— 

15 ‘‘(i) IN GENERAL.—An agency that 

16 fails to meet an intermediate or final com17 pletion date for action established under 

18 subparagraph (A) shall submit to the ap19 propriate congressional committees with 

20 jurisdiction over the agency and the Direc21 tor of the Office of Management and 

22 Budget a report regarding why the agency 

23 failed to meet the completion date. 


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1 ‘‘(ii) CONTENTS; PUBLICATION IN

2 FEDERAL REGISTER.—A report submitted 

3 under clause (i) shall— 

4 ‘‘(I) include an amended time5 table for the rulemaking; and 

6 ‘‘(II) be published— 

7 ‘‘(aa) in the Federal Reg8 ister; and 

9 ‘‘(bb) on the publicly avail10 able website of the Federal Reg11 ister. 

12 ‘‘(d) NOTICE OF PROPOSED RULEMAKING.— 

13 ‘‘(1) IN GENERAL.—If an agency determines to 

14 issue a rule, the agency shall— 

15 ‘‘(A) establish an electronic docket for that 

16 rulemaking, which may have a physical counter17 part; 

18 ‘‘(B) notify the Administrator; and 

19 ‘‘(C) publish a notice of proposed rule20 making in the Federal Register, which shall in21 clude— 

22 ‘‘(i) if applicable, a statement of the 

23 time, place, and nature of any public rule24 making proceedings; 


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1 ‘‘(ii) a reference to the legal authority 

2 under which the rule is proposed; 

3 ‘‘(iii) the text of the proposed rule; 

4 ‘‘(iv) a summary of information 

5 known to the agency concerning the con6 siderations described in subsection (b); 

7 ‘‘(v) a reasoned preliminary expla8 nation regarding how the proposed rule 

9 meets the statutory objectives; and 

10 ‘‘(vi) if applicable, a completed Regu11 latory Transparency Form as described in 

12 subsection (j). 

13 ‘‘(2) PUBLIC COMMENT.— 

14 ‘‘(A) IN GENERAL.—After publishing a no15 tice of proposed rulemaking, an agency shall 

16 provide interested persons an opportunity to 

17 participate in the rulemaking through the sub18 mission of written material, data, views, or ar19 guments with or without opportunity for oral 

20 presentation. 

21 ‘‘(B) TIMELINE.—An agency shall provide 

22 not less than 30 days, or, with respect to a pro23 posed major rule, not less than 90 days, for in24 terested persons to submit written material, 

25 data, views, or arguments. 


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1 ‘‘(C) PUBLICATION IN DOCKET.—All mate2 rial submitted under this paragraph shall be 

3 made accessible to the public and promptly 

4 placed in the docket required under paragraph 

5 (1)(A) for the rule, except with respect to mate6 rial that is exempt from disclosure under sec7 tion 552(b). 

8 ‘‘(3) CHANGE OF CLASSIFICATION AFTER PUB9 LICATION OF NOTICE.—If, after an agency submits 

10 the notification and publishes the notice required 

11 under paragraph (1), a proposed rule is determined 

12 to be a major rule, the agency shall— 

13 ‘‘(A) publish a notice in the Federal Reg14 ister with respect to the change of the classi15 fication of the rule; and 

16 ‘‘(B) allow interested persons an additional 

17 opportunity of the greater of an additional 30 

18 days or a total of 90 days, including the origi19 nal comment period for the rule, to comment 

20 on— 

21 ‘‘(i) the rule; and 

22 ‘‘(ii) the change of the classification of 

23 the rule. 


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1 ‘‘(e) FINAL RULES.—When an agency adopts a final 

2 rule, the agency shall publish a notice of final rulemaking 

3 in the Federal Register, which shall include— 

4 ‘‘(1) a concise, general statement of the basis 

5 and purpose of the rule; 

6 ‘‘(2) a reasoned determination by the agency re7 garding the considerations described in subsection 

8 (b); 

9 ‘‘(3) with respect to a major rule— 

10 ‘‘(A) a reasoned determination by the 

11 agency that the rule fulfills the statutory objec12 tives; 

13 ‘‘(B) the framework for assessing the 

14 major rule, as described in subsection (i); and 

15 ‘‘(C) if applicable, a completed Regulatory 

16 Transparency Form as described in subsection 

17 (j); and 

18 ‘‘(4) a response to each significant issue raised 

19 in the comments on the proposed rule. 

20 ‘‘(f) EXEMPTIONS.— 

21 ‘‘(1) GOOD CAUSE.— 

22 ‘‘(A) IN GENERAL.—If an agency for good 

23 cause finds that compliance with subsection (c), 

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1 terest, that subsection shall not apply and the 

2 agency may issue the final rule. 

3 ‘‘(B) INCORPORATION OF GOOD CAUSE

4 FINDING.—If an agency makes a finding under 

5 subparagraph (A), the agency shall include that 

6 finding and a brief statement with respect to 

7 the reasons for that finding in the final rule 

8 issued by the agency. 

9 ‘‘(2) OTHER RULES AND STATEMENTS OF POL10 ICY.—Except as otherwise required by law, this sec11 tion shall not apply to general statements of policy 

12 or rules of agency organization, procedure, or prac13 tice. 

14 ‘‘(3) INTERIM RULES.— 

15 ‘‘(A) IN GENERAL.—If an agency for good 

16 cause finds, and incorporates the finding and a 

17 brief statement of reasons for the finding in the 

18 rule issued, that compliance with subsections 

19 (c), (d), and (e) before the issuance of an in20 terim rule is unnecessary, such subsections shall 

21 not apply and the agency may issue an interim 

22 rule. 

23 ‘‘(B) IMPRACTICABILITY.—If an agency for 

24 good cause finds, and incorporates the finding 

25 and a brief statement of reasons for the finding 


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1 in the rule issued, that compliance with sub2 sections (c), (d), and (e) before the issuance of 

3 an interim rule is impracticable or contrary to 

4 the public interest, such subsections shall not 

5 apply to the adoption of an interim rule by the 

6 agency. 

7 ‘‘(C) PROCEDURES FOR ADOPTING IN8 TERIM MAJOR RULE.— 

9 ‘‘(i) IN GENERAL.—If, after complying 

10 with subparagraph (A) or (B), an agency 

11 adopts an interim rule, the agency shall 

12 commence proceedings that comply with 

13 subsections (c), (d), and (e) immediately 

14 upon publication of the interim rule. 

15 ‘‘(ii) TIMELINE.—Beginning on the 

16 date that is 270 days after the date on 

17 which an agency adopts an interim major 

18 rule, the interim major rule shall have no 

19 force or effect if the agency does not— 

20 ‘‘(I) rescind the interim major 

21 rule; 

22 ‘‘(II) initiate rulemaking in ac23 cordance with subsections (c), (d), 

24 and (e); or 


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1 ‘‘(III) take final action to adopt 

2 a final major rule. 

3 ‘‘(4) MONETARY POLICY.—This section shall 

4 not apply to any rulemaking or guidance that con5 cerns monetary policy proposed or implemented by 

6 the Board of Governors of the Federal Reserve Sys7 tem or the Federal Open Market Committee. 

8 ‘‘(g) DATE OF PUBLICATION OF RULE.—A final sub9 stantive rule shall be published in the Federal Register 

10 not later than 30 days or, in the case of a major rule, 

11 60 days, before the effective date of the rule, except as 

12 otherwise provided by an agency for good cause and as 

13 published with the rule. 

14 ‘‘(h) RIGHT TO PETITION AND REVIEW OF RULES.— 

15 Each agency shall— 

16 ‘‘(1) give interested persons the right to petition 

17 for the issuance, amendment, or repeal of a rule; 

18 and 

19 ‘‘(2) on a continuing basis, permit interested 

20 persons to submit, by electronic means, suggestions 

21 for rules that warrant retrospective review and pos22 sible modification or repeal. 

23 ‘‘(i) MAJOR RULE FRAMEWORKS.— 

24 ‘‘(1) IN GENERAL.—Beginning on the date that 

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1 section, when an agency publishes in the Federal 

2 Register— 

3 ‘‘(A) a proposed major rule, the agency 

4 shall include a potential framework for assess5 ing the rule, which shall include a general state6 ment of how the agency intends to measure how 

7 well the rule meets the regulatory objectives of 

8 the rule; or 

9 ‘‘(B) a final major rule, the agency shall 

10 include a framework for assessing the rule 

11 under paragraph (2), which shall include— 

12 ‘‘(i) a clear statement of the regu13 latory objectives of the rule, including a 

14 summary of the benefit and cost of the 

15 rule to the extent the costs and benefits of 

16 the rule were analyzed; 

17 ‘‘(ii) the methodology by which the 

18 agency plans to analyze the rule, including 

19 metrics by which the agency would meas20 ure— 

21 ‘‘(I) the extent to which the rule 

22 is meeting the regulatory and statu23 tory objectives of the rule; 

24 ‘‘(II) the benefits achieved by the 

25 rule; and 


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1 ‘‘(III) the impacts, including any 

2 costs, of the rule on regulated entities 

3 and other impacted entities; 

4 ‘‘(iii) a plan for gathering data re5 garding the metrics and requirements for 

6 regulated entities to submit data described 

7 in clause (ii) on an ongoing basis, or at 

8 periodic times, including a method by 

9 which the agency will invite the public to 

10 participate in the review process and seek 

11 input from other agencies; and 

12 ‘‘(iv) a specific timeframe, as appro13 priate to the rule and not more than 10 

14 years after the effective date of the rule, 

15 under which the agency shall conduct the 

16 assessment of the rule in accordance with 

17 paragraph (2)(A). 

18 ‘‘(2) ASSESSMENT.— 

19 ‘‘(A) IN GENERAL.—Each agency shall as20 sess the data collected under paragraph 

21 (1)(B)(iii), using the methodology set forth in 

22 paragraph (1)(B)(ii) or any other appropriate 

23 methodology developed after the issuance of a 

24 final major rule to better determine whether the 


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1 regulatory objective was achieved, with respect 

2 to the rule— 

3 ‘‘(i) to analyze how the actual benefits 

4 and costs of the rule may have varied from 

5 those anticipated at the time the rule was 

6 issued; and 

7 ‘‘(ii) to determine whether— 

8 ‘‘(I) the rule is accomplishing the 

9 regulatory objective of the rule; 

10 ‘‘(II) the rule has been rendered 

11 unnecessary, taking into consider12 ation— 

13 ‘‘(aa) changes in the subject 

14 area affected by the rule; and 

15 ‘‘(bb) whether the rule over16 laps with or duplicates— 

17 ‘‘(AA) other rules; or 

18 ‘‘(BB) to the extent 

19 feasible, State and local gov20 ernment regulations; 

21 ‘‘(III) the rule needs to be modi22 fied in order to accomplish the regu23 latory objective; 

24 ‘‘(IV) other alternatives to the 

25 rule or modification of the rule could 


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1 better achieve the regulatory objective 

2 while maximizing net benefits; and 

3 ‘‘(V) an additional assessment of 

4 the rule in accordance with this sub5 paragraph is appropriate at a specific 

6 time during the 10-year period fol7 lowing completion of the assessment. 

8 ‘‘(B) DIFFERENT METHODOLOGY.—If an 

9 agency uses a methodology other than the 

10 methodology under paragraph (1)(B)(ii) to as11 sess data under subparagraph (A), the agency 

12 shall include as part of the notice required to 

13 be published under subparagraph (C) an expla14 nation of the changes in circumstances that 

15 warranted the use of that other methodology. 

16 ‘‘(C) PUBLICATION.—Not later than 180 

17 days after the date on which an agency com18 pletes an assessment of a major rule under sub19 paragraph (A), the agency shall publish a notice 

20 of availability of the results of the assessment 

21 in the Federal Register, including the specific 

22 time for any subsequent assessment of the rule 

23 under subparagraph (C)(i), if applicable. 

24 ‘‘(3) OIRA OVERSIGHT.—The Administrator 

25 shall— 


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1 ‘‘(A) issue guidance, based on models de2 veloped by the National Academy for Public 

3 Administration under the Cost-Benefit Analysis 

4 Improvement Act of 2017 for agencies regard5 ing the development of the framework under 

6 paragraph (1) and the conduct of the assess7 ments under paragraph (2)(A); 

8 ‘‘(B) oversee the timely compliance of 

9 agencies with this subsection; 

10 ‘‘(C) ensure that the results of each assess11 ment conducted under paragraph (2)(A) are— 

12 ‘‘(i) published promptly on a central13 ized Federal website; and 

14 ‘‘(ii) noticed in the Federal Register 

15 in accordance with paragraph (2)(D); 

16 ‘‘(D) encourage and assist agencies to 

17 streamline and coordinate the assessment of 

18 major rules with similar or related regulatory 

19 objectives; 

20 ‘‘(E) exempt an agency from including the 

21 framework required under paragraph (1)(B) 

22 when publishing a final major rule if the Ad23 ministrator determines that compliance with 

24 paragraph (1)(B) is unnecessary, impracticable, 

25 or contrary to the public interest; and 


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1 ‘‘(F) extend the deadline specified by an 

2 agency for an assessment of a major rule under 

3 paragraph (1)(B)(iv) or paragraph (2)(C)(i)(I) 

4 for a period of not more than 90 days if the 

5 agency justifies why the agency is unable to 

6 complete the assessment by that deadline. 

7 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection shall be construed to affect— 

9 ‘‘(A) the authority of an agency to assess 

10 or modify a major rule of the agency earlier 

11 than the end of the timeframe specified for the 

12 rule under paragraph (1)(B)(iv); or 

13 ‘‘(B) any other provision of law that re14 quires an agency to conduct retrospective re15 views of rules issued by the agency. 

16 ‘‘(5) APPLICABILITY.— 

17 ‘‘(A) IN GENERAL.—This subsection shall 

18 not apply to— 

19 ‘‘(i) a major rule of an agency— 

20 ‘‘(I) that was issued before the 

21 date of enactment of this subsection; 

22 ‘‘(II) that the Administrator re23 viewed before the date of enactment of 

24 this subsection; 


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1 ‘‘(III) for which the agency is re2 quired to conduct a retrospective re3 view under any other provision of law 

4 that meets or exceeds the require5 ments of this subsection, as deter6 mined by the Administrator; or 

7 ‘‘(IV) for which the authorizing 

8 statute is subject to periodic reauthor9 ization by Congress not less fre10 quently than once every 10 years; 

11 ‘‘(ii) interpretative rules, general 

12 statements of policy, or rules of agency or13 ganization, procedure, or practice; 

14 ‘‘(iii) routine and administrative rules; 

15 or 

16 ‘‘(iv) a rule that is subject to review 

17 under section 2222 of the Economic 

18 Growth and Regulatory Paperwork Reduc19 tion Act of 1996 (12 U.S.C. 3311). 

20 ‘‘(B) DIRECT AND INTERIM FINAL MAJOR

21 RULE.—In the case of a major rule of an agen22 cy for which the agency is not required to issue 

23 a notice of proposed rulemaking in response to 

24 an emergency or a statutorily imposed deadline, 

25 the agency shall publish the framework required 


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1 under paragraph (1)(B) in the Federal Register 

2 not later than 180 days after the date on which 

3 the agency publishes the rule. 

4 ‘‘(6) RECOMMENDATIONS TO CONGRESS.—If, 

5 under an assessment conducted under paragraph 

6 (2), an agency determines that a major rule should 

7 be modified or repealed, the agency may submit to 

8 Congress recommendations for legislation to amend 

9 applicable provisions of law if the agency is prohib10 ited from modifying or repealing the rule under an11 other provision of law. 

12 ‘‘(7) JUDICIAL REVIEW.— 

13 ‘‘(A) IN GENERAL.—Judicial review of 

14 agency compliance with this subsection is lim15 ited to whether an agency— 

16 ‘‘(i) published the framework for as17 sessment of a major rule under paragraph 

18 (1); or 

19 ‘‘(ii) completed and published the re20 quired assessment of a major rule under 

21 subparagraphs (A) and (D) of paragraph 

22 (2). 

23 ‘‘(B) REMEDY AVAILABLE.—In granting 

24 relief in an action brought under subparagraph 

25 (A), a court may only issue an order remanding 


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1 the major rule, as applicable, to the agency to 

2 comply with paragraph (1) or subparagraph (A) 

3 or (D) of paragraph (2), as applicable. 

4 ‘‘(C) EFFECTIVE DATE OF MAJOR RULE.— 

5 If, in an action brought under subparagraph 

6 (A)(i), a court determines that the agency did 

7 not comply, the major rule, as applicable, shall 

8 take effect notwithstanding any order issued by 

9 the court. 

10 ‘‘(D) ADMINISTRATOR.—Any determina11 tion, action, or inaction of the Administrator 

12 under this subsection shall not be subject to ju13 dicial review. 

14 ‘‘(j) UNIFORM REGULATORY TRANSPARENCY

15 FORM.— 

16 ‘‘(1) ESTABLISHMENT.—Not later than 120 

17 days after the date of enactment of this subsection, 

18 the Administrator shall establish a single, uniform 

19 regulatory impact analysis disclosure form titled the 

20 ‘Regulatory Transparency Form’ for each major rule 

21 under this section for which the agency conducts a 

22 cost-benefit analysis. 

23 ‘‘(2) PURPOSE.—The purpose of the Regulatory 

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1 formation regarding the assessment of costs, bene2 fits, risks, and uncertainties by an agency using 

3 readily understandable and consistent language. 

4 ‘‘(3) CONTENT.—The Regulatory Transparency 

5 Form shall— 

6 ‘‘(A) utilize an easily-readable typeface and 

7 font, not to exceed a single page front and 

8 back; and 

9 ‘‘(B) include, with respect to a proposed or 

10 final major rule— 

11 ‘‘(i) total undiscounted monetized 

12 costs and benefits; 

13 ‘‘(ii) total monetized costs and bene14 fits discounted at not less than 3 appro15 priate discount rates; 

16 ‘‘(iii) an estimate of the degree of cer17 tainty for all monetized undiscounted and 

18 discounted costs and benefits; 

19 ‘‘(iv) a list of all non-monetized costs 

20 and benefits; and 

21 ‘‘(v) any other information as deter22 mined by the Administrator. 

23 ‘‘(4) IMPLEMENTATION.— 

24 ‘‘(A) IN GENERAL.—The Administrator 

25 shall— 


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1 ‘‘(i) develop and coordinate the imple2 mentation of the Regulatory Transparency 

3 Form; 

4 ‘‘(ii) issue guidelines for agencies to 

5 follow when completing the Regulatory 

6 Transparency Form; and 

7 ‘‘(iii) provide direction to Executive 

8 agencies (as defined in section 105) with 

9 respect to the requirements of this sub10 section. 

11 ‘‘(B) UPDATES.—To ensure that agencies 

12 use the best available techniques to quantify 

13 and evaluate anticipated present and future 

14 benefits, costs, other economic issues, and risks 

15 as accurately as possible in the Regulatory 

16 Transparency Form, the Administrator shall 

17 periodically update any rules, policies, proce18 dures, and guidelines established under sub19 paragraph (A). 

20 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

21 this subsection shall be construed to require an 

22 agency to conduct an analysis of the benefits and 

23 costs of a proposed rule for which there was no re24 quirement to conduct such an analysis.’’. 


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1 TITLE II—PILOT COMMISSION 

2 ON RETROSPECTIVE REVIEW 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘Pilot Retrospective 

5 Review Commission Act of 2017’’. 

6 SEC. 202. DEFINITIONS. 

7 In this title: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Pilot Regulatory Review Commission es10 tablished under section 203. 

11 (2) COVERED REGULATION.—The term ‘‘cov12 ered regulation’’ means a regulation impacting the 

13 transportation sector that has been in effect for not 

14 less than 10 years before the date on which the 

15 Commission is established. 

16 (3) COVERED REGULATORY AGENCY.—The 

17 term ‘‘covered regulatory agency’’ means an agency, 

18 as defined in section 3502 of title 44, United States 

19 Code, that has the authority to issue a regulation 

20 that impacts the transportation sector. 

21 (4) REGULATION.—The term ‘‘regulation’’ 

22 means a rule, as defined in section 551 of title 5, 

23 United States Code. 


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1 SEC. 203. ESTABLISHMENT OF COMMISSION. 

2 (a) ESTABLISHMENT.—There is established in the 

3 legislative branch a commission to be known as the ‘‘Pilot 

4 Regulatory Review Commission’’. 

5 (b) MEMBERSHIP.— 

6 (1) COMPOSITION.—The Commission shall be 

7 composed of 12 members, of whom— 

8 (A) 3 members shall be appointed by the 

9 majority leader of the Senate; 

10 (B) 3 members shall be appointed by the 

11 minority leader of the Senate; 

12 (C) 3 members shall be appointed by the 

13 Speaker of the House of Representatives; and 

14 (D) 3 members shall be appointed by the 

15 minority leader of the House of Representa16 tives. 

17 (2) DATE.—The appointment of the members 

18 of the Commission shall be made not later than 60 

19 days after the date of enactment of this Act. 

20 (3) QUALIFICATIONS.—Members appointed to 

21 the Commission shall be citizens of the United 

22 States with a significant depth of experience and re23 sponsibilities in matters relating to regulation of the 

24 transportation sector, government service, regulatory 

25 policy, economics, science, Federal agency manage26 ment, public administration, and law. 


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1 (4) CHAIR.—At the first meeting of the Com2 mission, a majority of the members of the Commis3 sion present and voting shall elect the Chair of the 

4 Commission. 

5 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem6 bers shall be appointed for the life of the Commission. Any 

7 vacancy in the Commission shall not affect the powers of 

8 the Commission, but shall be filled in the same manner 

9 as the original appointment. 

10 (d) INITIAL MEETING.—Not later than 30 days after 

11 the date on which all members of the Commission have 

12 been appointed, the Commission shall hold the first meet13 ing of the Commission. 

14 (e) MEETINGS.—The Commission shall meet at the 

15 call of the Chair and shall be open to the public. 

16 (f) QUORUM.—Eight members of the Commission 

17 shall constitute a quorum, but a lesser number of members 

18 may hold hearings. 

19 (g) NONAPPLICABILITY OF THE FEDERAL ADVISORY

20 COMMITTEE ACT.—The Federal Advisory Committee Act 

21 (5 U.S.C. App.) shall not apply to the Commission. 

22 (h) APPLICABILITY OF CERTAIN ETHICS RULES.— 

23 Members of the Commission shall be considered special 

24 Government employees, as defined in section 202 of title 

25 18, United States Code. 


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1 SEC. 204. DUTIES OF THE COMMISSION. 

2 (a) PURPOSE.—The purpose of the Commission is to 

3 evaluate and provide recommendations for modification, 

4 consolidation, or repeal of covered regulations with the 

5 aim of streamlining regulatory compliance by reducing 

6 compliance costs, encouraging growth and innovation, and 

7 improving competitiveness while continuing to protect 

8 public health and safety and maximize net public benefit. 

9 (b) REQUIREMENTS.—In carrying out subsection (a), 

10 the Commission shall— 

11 (1) give consideration in its analysis of covered 

12 regulations to those that— 

13 (A) impose disproportionately high costs 

14 on a small entity (as defined in section 601 of 

15 title 5, United States Code); 

16 (B) create substantial recurring paperwork 

17 burdens or transaction costs; 

18 (C) could better meet regulatory objectives; 

19 or 

20 (D) overlap, duplicate, or conflict with 

21 other Federal, State, or local law; 

22 (2) solicit and review comments from the public 

23 on the covered regulations described in this section; 

24 and 

25 (3) develop a set of covered regulations to rec26 ommend be modified, consolidated, or repealed to be 


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1 submitted to agencies for agency and congressional 

2 review in accordance with subsection (i). 

3 (c) PUBLIC COMMENTS.— 

4 (1) IN GENERAL.—Not later than 60 days after 

5 the date of the initial meeting of the Commission, 

6 the Commission shall initiate a public comment pe7 riod of not less than 120 days to solicit and collect 

8 written recommendations from the general public, 

9 interested parties, Federal agencies, and other rel10 evant entities regarding which covered regulations 

11 should be examined. 

12 (2) REVIEW AND PUBLICATION.—At the end of 

13 the period for the submission of recommendations 

14 under this subsection, the commission shall review 

15 all submitted recommendations and all recommenda16 tions shall be published on the website of the Com17 mission and summarized in the Federal Register. 

18 (d) COMMISSION OUTREACH.—During the public 

19 comment period described in subsection (c), the Commis20 sion shall conduct public outreach to better inform the 

21 members of the Commission of the interest of the public 

22 and possible contributions to the work of the Commission. 

23 (e) EXAMINATION OF REGULATIONS AND INITIAL

24 REPORT.— 


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1 (1) PROCESS FOR EXAMINATION.—In exam2 ining covered regulations under this section, the 

3 Commission shall determine the progress of each 

4 covered regulation in achieving the stated policy 

5 goals, by using multiple resources, to the extent 

6 practicable, including— 

7 (A) quantitative metrics analyzing the 

8 costs and benefits of the covered regulation; 

9 (B) a qualitative description of the costs 

10 and benefits of the covered regulation; 

11 (C) testimony from agency and outside ex12 perts and impacted communities; and 

13 (D) research from the staff of the Commis14 sion. 

15 (2) DEADLINE.—Not later than 2 years after 

16 the date on which the Commission convenes under 

17 section 203(d), the Commission shall complete an 

18 examination of covered regulations and publish a re19 port, which shall be approved by not fewer than 8 

20 members of the Commission, and include— 

21 (A) the findings and conclusions of the 

22 Commission for the improvement of covered 

23 regulations examined by the Commission; and 

24 (B) a list of recommendations for changes 

25 to the covered regulations examined by the 


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1 Commission, which may include recommenda2 tions for modification, consolidation, or repeal 

3 of such covered regulations; 

4 (C) a list of any recommended statutory 

5 changes for Congress to consider; and 

6 (D) to the extent possible, the estimated 

7 cost or savings associated with each rec8 ommendation. 

9 (3) PUBLIC COMMENT PERIOD.—During the 

10 90-day period beginning on the date on which the 

11 report required under paragraph (2) is published, 

12 the Commission shall— 

13 (A) solicit comments from the public on 

14 such report, using the same process established 

15 under subsection (c); and 

16 (B) publish any comments received under 

17 subparagraph (A) on the website of the Com18 mission and summarize the comments in the 

19 Federal Register. 

20 (f) FINAL REPORT.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date on which the 90-day period described 

23 in subsection (e)(3) ends, the Commission shall— 

24 (A) review any comments received under 

25 subsection (e)(3); 


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1 (B) incorporate any relevant comments re2 ceived under subsection (e)(3) into the report; 

3 and 

4 (C) submit the revised report to Congress 

5 and the head of each covered regulatory agency. 

6 (2) REVIEW BY AGENCY.—Not later than 180 

7 days after the date on which a revised report is sub8 mitted under paragraph (1)(C), the head of each 

9 covered regulatory agency shall— 

10 (A) conduct a review of the relevant rec11 ommendations in the report; and 

12 (B) submit a report to the appropriate 

13 committees of Congress on the review con14 ducted under subparagraph (A), which shall in15 clude— 

16 (i) an explanation of which rec17 ommendations the head of the agency ap18 proves of and disapproves of; and 

19 (ii) a timeline for implementation of 

20 the recommendations approved by the head 

21 of the agency under clause (i). 

22 SEC. 205. POWERS OF THE COMMISSION. 

23 (a) HEARINGS.—The Commission may hold such 

24 hearings, sit and act at such times and places, take such 


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1 testimony, and receive such evidence as the Commission 

2 considers advisable to carry out this title. 

3 (b) POSTAL SERVICES.—The Commission may use 

4 the United States mails in the same manner and under 

5 the same conditions as other departments and agencies of 

6 the Federal Government. 

7 (c) SPACE FOR USE OF COMMISSION.— 

8 (1) IN GENERAL.—Not later than 60 days after 

9 the date of enactment of this Act, the Administrator 

10 of General Services shall support on a reimbursable 

11 basis the operations of the Commission, including 

12 the identification of suitable space to house the 

13 Commission. 

14 (2) LEASE.—If the Administrator is not able to 

15 make such suitable space available within the 60-day 

16 period described in paragraph (1), the Commission 

17 shall lease space to the extent that funds are avail18 able. 

19 SEC. 206. COMMISSION PERSONNEL MATTERS. 

20 (a) COMPENSATION OF MEMBERS.—Each member of 

21 the Commission shall be compensated at a rate equal to 

22 the daily equivalent of the annual rate of basic pay pre23 scribed for level IV of the Executive Schedule under sec24 tion 5315 of title 5, United States Code, for each day (inVerDate Sep 11 2014 04:07 Aug 16, 2017 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1734.IS S1734

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1 cluding travel time) during which such member is engaged 

2 in the performance of the duties of the Commission. 

3 (b) TRAVEL EXPENSES.—The members of the Com4 mission shall be allowed travel expenses, including per 

5 diem in lieu of subsistence, at rates authorized for employ6 ees of agencies under subchapter I of chapter 57 of title 

7 5, United States Code, while away from their homes or 

8 regular places of business in the performance of services 

9 for the Commission. 

10 (c) STAFF.—The Chair of the Commission may ap11 point and terminate an executive director and such other 

12 additional personnel as may be necessary to enable the 

13 Commission to perform its duties. The employment of an 

14 executive director shall be subject to confirmation by the 

15 Commission. 

16 (d) PROCUREMENT OF TEMPORARY AND INTERMIT17 TENT SERVICES.—The Chair of the Commission may pro18 cure temporary and intermittent services under section 

19 3109(b) of title 5, United States Code, at rates for individ20 uals which do not exceed the daily equivalent of the annual 

21 rate of basic pay prescribed for level V of the Executive 

22 Schedule under section 5316 of such title. 

23 (e) CONTRACTING AUTHORITY.—The Commission 

24 may acquire administrative supplies and equipment for 

25 Commission use to the extent funds are available. 


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1 (f) ADMINISTRATIVE SUPPORT.—Upon the request of 

2 the Commission, the Administrator of General Services 

3 shall provide to the Commission, on a reimbursable basis, 

4 the administrative support services necessary for the Com5 mission to carry out its responsibilities under this Act. 

6 SEC. 207. TERMINATION OF THE COMMISSION. 

7 The Commission shall terminate 90 days after the 

8 date on which the Commission submits the final report 

9 required under section 204(f). 

10 SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated such sums as may be necessary to the Commission 

13 to carry out this title. 

14 (b) AVAILABILITY.—Any sums appropriated under 

15 the authorization contained in this section shall remain 

16 available, without fiscal year limitation, until the termi17 nation of the Commission. 

18 SEC. 209. GAO REPORT. 

19 Not later than 18 months after the date on which 

20 the Commission submits the final report required under 

21 section 204(f), the Government Accountability Office shall 

22 issue a report to Congress on the effectiveness of the final 

23 report on streamlining regulatory standards within the 

24 transportation sector and make a recommendation on 

25 what other sectors, if any, could be expected to benefit 


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1 from a similar evaluation and report conducted by a com2 mission. 

3 TITLE III—PLAIN WRITING ACT 

4 FOR REGULATIONS 

5 SEC. 301. SHORT TITLE. 

6 This title may be cited as the ‘‘Plain Writing Act for 

7 Regulations Act of 2017’’. 

8 SEC. 302. PURPOSE. 

9 The purpose of this title is to require that Federal 

10 regulations use plain writing, to enhance public under11 standing of regulations, and to increase the level of public 

12 participation in the rulemaking process. 

13 SEC. 303. DEFINITIONS. 

14 In this title: 

15 (1) AGENCY.—The term ‘‘agency’’— 

16 (A) means an Executive agency, as defined 

17 in section 105 of title 5, United States Code; 

18 and 

19 (B) does not include an agency that is re20 quired to comply with section 722 of the 

21 Gramm-Leach-Bliley Act (12 U.S.C. 4809). 

22 (2) DIRECTOR.—The term ‘‘Director’’ means 

23 the Director of the Office of Management and Budg24 et. 


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1 (3) PLAIN WRITING.—The term ‘‘plain writing’’ 

2 means writing that is clear, concise, and well-orga3 nized, and follows other best practices appropriate to 

4 the subject or field and intended audience. 

5 (4) REGULATION.—The term ‘‘regulation’’ 

6 means a rule, as defined in section 551 of title 5, 

7 United States Code, that is issued by an agency. 

8 (5) RULEMAKING.—The term ‘‘rulemaking’’ has 

9 the meaning given the term in section 551 of title 

10 5, United States Code. 

11 SEC. 304. RESPONSIBILITIES OF FEDERAL AGENCIES. 

12 (a) PREPARATION FOR IMPLEMENTATION OF PLAIN

13 WRITING REQUIREMENTS FOR REGULATIONS.— 

14 (1) IN GENERAL.—Not later than 9 months 

15 after the date of enactment of this Act, the head of 

16 each agency shall— 

17 (A) designate a senior official within the 

18 agency to oversee the implementation of this 

19 title by the agency; 

20 (B) ensure that the obligation of the agen21 cy to use plain writing in no way diminishes the 

22 ability of the agency to perform scientific anal23 yses or technical analyses, or disclose scientific 

24 data or technical data or any other findings, 

25 that are required to be performed or disclosed 


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1 under subchapter II of chapter 5 of title 5, 

2 United States Code, or any other provision of 

3 law; 

4 (C) communicate the requirements of this 

5 title to the employees of the agency; 

6 (D) train employees of the agency to write 

7 regulations using plain writing; 

8 (E) establish a process for overseeing the 

9 ongoing compliance of the agency with the re10 quirements of this title; and 

11 (F) designate an employee of the agency to 

12 serve as a point of contact to receive and re13 spond to public input on— 

14 (i) the implementation of this title by 

15 the agency; and 

16 (ii) the agency reports required under 

17 section 306. 

18 (2) INDIVIDUALS DESIGNATED.—The individual 

19 designated under subparagraph (A) or (F) of para20 graph (1) may be the same individual designated to 

21 carry out similar functions under the Plain Writing 

22 Act of 2010 (5 U.S.C. 301 note). 

23 (b) REQUIREMENT TO USE PLAIN WRITING IN NEW

24 AND REVISED REGULATIONS.—Not later than 12 months 

25 after the date of enactment of this Act, each agency shall 


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1 use plain writing to the extent feasible and in accordance 

2 with the guidance issued by the Director under the Plain 

3 Writing Act of 2010 (5 U.S.C. 301 note) in each proposed 

4 or final regulation issued or substantially revised by the 

5 agency. 

6 (c) CERTIFICATION OF COMPLIANCE.—For each pro7 posed or final regulation issued by an agency, the head 

8 of the agency shall certify to the Director that the rule9 making documents relating to the regulation use plain 

10 writing. 

11 (d) EXEMPTION FROM CERTAIN INFORMATION COL12 LECTION PROVISIONS.—An agency action to collect infor13 mation from the public about a regulation is exempt from 

14 the information collection provisions of sections 3506(c) 

15 and 3507 of title 44, United States Code, if the head of 

16 the agency certifies that the sole reason for the informa17 tion collection is to improve the clarity of the regulation 

18 in accordance with this title. 

19 SEC. 305. RESPONSIBILITIES OF THE DIRECTOR OF THE OF20 FICE OF MANAGEMENT AND BUDGET. 

21 (a) GUIDANCE.— 

22 (1) IN GENERAL.—Not later than 6 months 

23 after the date of enactment of this Act, the Director 

24 shall develop and issue guidance on implementing 

25 the requirements of this title that ensures that the 


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1 head of each agency understands that the obligation 

2 of the agency to use plain writing does not in any 

3 way diminish the ability of the agency to perform 

4 scientific analyses or technical analyses, or disclose 

5 scientific data or technical data or any other find6 ings, that are required to be performed or disclosed 

7 by chapter 5 of title 5, United States Code, or any 

8 other provision of law. 

9 (2) LEAD AGENCY AND INTERAGENCY WORKING

10 GROUPS.—The Director may designate a lead agen11 cy, and may use interagency working groups to as12 sist in developing and issuing the guidance under 

13 paragraph (1). 

14 (b) PUBLICATION OF CERTIFICATIONS.—The Direc15 tor shall publish each certification required under section 

16 304(c) on the official website of the Office of Management 

17 and Budget. 

18 SEC. 306. REPORTS. 

19 (a) INITIAL REPORT.—Not later than 9 months after 

20 the date of enactment of this Act, the head of each agency 

21 shall publish on the plain writing section of the website 

22 of the agency created under the Plain Writing Act of 2010 

23 (5 U.S.C. 301 note) a report that describes the agency 

24 plan for compliance with the requirements of this title. 


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1 (b) ANNUAL COMPLIANCE REPORT.—Not later than 

2 18 months after the date of enactment of this Act, and 

3 annually thereafter, the head of each agency shall publish 

4 on the plain writing section of the website of the agency 

5 a report on the compliance of the agency with the require6 ments of this title. 

7 (c) GAO REPORT.—Not later than 18 months after 

8 the date of enactment of this Act, and annually thereafter, 

9 the Comptroller General of the United States shall submit 

10 a report to the Committee on Homeland Security and Gov11 ernmental Affairs of the Senate and the Committee on 

12 Oversight and Government Reform of the House of Rep13 resentatives that— 

14 (1) evaluates the extent to which regulations 

15 use plain writing, by conducting a survey of different 

16 intended audiences for a representative sample of 

17 major regulations that measures— 

18 (A) the level of comprehension of each re19 spondent for each regulation; and 

20 (B) the satisfaction of each respondent 

21 with the plain writing used in each regulation, 

22 focusing on whether the regulation uses writing 

23 that is clear, concise, and well-organized, and 

24 follows other best practices appropriate to the 


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1 subject or field and intended audience of the 

2 regulation; 

3 (2) assesses the extent to which plain writing 

4 helped increase the level of public participation in 

5 the rulemaking process; and 

6 (3) provides recommendations to— 

7 (A) improve compliance with the require8 ments of this title; and 

9 (B) better use plain writing to enhance 

10 public understanding of regulations and in11 crease public participation in the rulemaking 

12 process. 

13 SEC. 307. JUDICIAL REVIEW AND ENFORCEABILITY. 

14 (a) JUDICIAL REVIEW.—There shall be no judicial re15 view of compliance or noncompliance with any provision 

16 of this title. 

17 (b) ENFORCEABILITY.—No provision of this title may 

18 be construed to create any right or benefit, substantive 

19 or procedural, enforceable by any administrative or judi20 cial action. 

21 TITLE IV—OIRA TRANSPARENCY 

22 SEC. 401. SHORT TITLE. 

23 This title may be cited as the ‘‘Office of Information 

24 and Regulatory Affairs Transparency Act of 2017’’. 


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1 SEC. 402. DEFINITIONS. 

2 In this title: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of OIRA. 

5 (2) AGENCY.—The term ‘‘agency’’ has the 

6 meaning given the term in section 551 of title 5, 

7 United States Code. 

8 (3) COVERED INDIVIDUAL.—The term ‘‘covered 

9 individual’’ means— 

10 (A) an individual who is not employed by 

11 the Federal Government; or 

12 (B) an individual who is— 

13 (i) employed by the Federal Govern14 ment; and 

15 (ii) a representative of a Federal Gov16 ernment entity that may be regulated by a 

17 regulatory action under review by OIRA. 

18 (4) OIRA.—The term ‘‘OIRA’’ means the Of19 fice of Information and Regulatory Affairs, as de20 fined in section 551 of title 5, United States Code, 

21 as added by section 102 of this Act. 

22 (5) REGULATORY ACTION.—The term ‘‘regu23 latory action’’ means any substantive action by an 

24 agency that promulgates or is expected to lead to the 

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1 quiry, an advanced notice of proposed rulemaking, 

2 and a notice of proposed rulemaking. 

3 (6) RULE; RULEMAKING.—The terms ‘‘rule’’ 

4 and ‘‘rulemaking’’ have the meanings given those 

5 terms in section 551 of title 5, United States Code. 

6 SEC. 403. PURPOSE. 

7 The purpose of this title is to ensure greater open8 ness, accessibility, and accountability in the regulatory re9 view process. 

10 SEC. 404. TRANSPARENCY. 

11 Except as otherwise provided by law or required by 

12 a court— 

13 (1) the Administrator shall— 

14 (A) ensure that in all substantive commu15 nications between OIRA personnel and covered 

16 individuals relating to a regulatory action under 

17 review by OIRA— 

18 (i) a representative from the agency 

19 issuing the regulatory action shall be in20 vited to any meeting between OIRA per21 sonnel and any covered individual; and 

22 (ii) all written communications, re23 gardless of format, between OIRA per24 sonnel and covered individuals are for25 warded to the agency issuing the reguVerDate Sep 11 2014 04:07 Aug 16, 2017 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1734.IS S1734

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1 latory action not later than 10 working 

2 days after receiving the date on which 

3 OIRA receives the written communication; 

4 and 

5 (B) maintain a publicly available log that 

6 shall contain, with respect to each regulatory 

7 action under review by OIRA— 

8 (i) the status of the regulatory action, 

9 including if input from the President or 

10 the Vice President was requested, and if 

11 so, when and by whom; 

12 (ii) a log of all written communica13 tions forwarded to the agency issuing the 

14 regulatory action under subparagraph 

15 (A)(ii); and 

16 (iii) information on each substantive 

17 oral communication between OIRA per18 sonnel and any covered individual, includ19 ing meetings and telephone conversations, 

20 relating to the regulatory action, which 

21 shall include— 

22 (I) the name of each covered in23 dividual involved in the oral commu24 nication; 


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1 (II) the date of the oral commu2 nication; and 

3 (III) a summary of all sub4 stantive matters discussed during the 

5 oral communication; and 

6 (2) after a final rule of an agency is published 

7 in the Federal Register or otherwise issued to the 

8 public by an agency, the agency shall— 

9 (A) make available to the public the draft 

10 proposed rule initially provided to OIRA for re11 view; 

12 (B) identify for the public the substantive 

13 changes between the draft proposed rule sub14 mitted to OIRA and the final rule; and 

15 (C) identify for the public those changes in 

16 the final rule that were made at the suggestion 

17 or recommendation of OIRA. 

18 TITLE V—COST-BENEFIT 

19 ANALYSIS IMPROVEMENT 

20 SEC. 501. SHORT TITLE. 

21 This title shall be cited as the ‘‘Cost-Benefit Analysis 

22 Improvement Act of 2017’’. 

23 SEC. 502. DEFINITIONS. 

24 In this title: 


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1 (1) AGENCY; MAJOR RULE; RULE; RULE2 MAKING.—The terms ‘‘agency’’, ‘‘major rule’’, 

3 ‘‘rule’’, ‘‘rulemaking’’ have the meanings given those 

4 terms in section 551 of title 5, United States Code. 

5 (2) NATIONAL ACADEMY.—The term ‘‘National 

6 Academy’’ means the National Academy of Public 

7 Administration. 

8 SEC. 503. COST-BENEFIT STUDY. 

9 (a) IN GENERAL.—Not later than 30 days after the 

10 date of enactment of this Act, the Administrator of Gen11 eral Services shall contract with the National Academy to 

12 publish a study of cost-benefit analyses to— 

13 (1) conduct a review of cost-benefit analyses to 

14 determine— 

15 (A) how effective the analyses were at an16 ticipating the costs, benefits, and other and im17 pacts of major rules; 

18 (B) what improvements could be made to 

19 achieve more accurate analyses going forward; 

20 and 

21 (C) best practices for retrospective assess22 ments of rules to be used as a model framework 

23 in future rulemakings as outlined under section 

24 553(i) of title 5, United States Code, as added 

25 by section 103 of this Act; and 


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1 (2) issue the report required under subsection 

2 (c). 

3 (b) SCOPE OF STUDY.—The study required under 

4 subsection (a)(1) shall— 

5 (1) review, based on recommendations from the 

6 public and agencies, existing documentation as of 

7 the date of enactment of this Act on the costs and 

8 benefits associated with 20 major rules for which a 

9 cost-benefit analysis was conducted from across the 

10 regulatory spectrum that have been in effect for not 

11 less than 10 years; 

12 (2) with respect to each major rule reviewed in 

13 the study, include a comparison of the cost-benefit 

14 analysis prepared by the agency that promulgated 

15 the major rule with— 

16 (A) an analysis of the criticism of the cost17 benefit analysis by the proponents and oppo18 nents of the major rule during the rulemaking; 

19 (B) what opponents and proponents of the 

20 major rule predicted would be the cost and ben21 efits of the major rule; and 

22 (C) as of the date on which the study is 

23 conducted, the cost and benefits of the imple24 mentation of the major rule; and 


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1 (3) review key factors for the accurate analysis 

2 of costs and benefits and best practices for the ret3 rospective assessment of rules issued after the date 

4 of enactment of this Act. 

5 (c) REPORT.—Not later than 18 months after the 

6 date on which the Administrator of General Services con7 tracts with the National Academy under subsection (a), 

8 the National Academy shall submit to Congress and the 

9 President a report that contains— 

10 (1) the findings of the study conducted under 

11 subsection (a)(1); 

12 (2) model frameworks for agency assessments 

13 under section 553(i) of title 5, United States Code; 

14 and 

15 (3) any recommendations the National Acad16 emy determines are necessary or desirable. 

Æ 


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