I 

115TH CONGRESS 

1ST SESSION H. R. 1009 

To amend title 44, United States Code, to require the Administrator of 

the Office of Information and Regulatory Affairs to review regulations, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2017 

Mr. MITCHELL (for himself, Mr. MEADOWS, and Mr. PALMER) introduced the 

following bill; which was referred to the Committee on Oversight and 

Government Reform, and in addition to the Committee on the Judiciary, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To amend title 44, United States Code, to require the Administrator of the Office of Information and Regulatory 

Affairs to review regulations, and for other purposes. 

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 ‘‘OIRA Insight, Reform, 

5 and Accountability Act’’. 


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1 SEC. 2. OFFICE OF INFORMATION AND REGULATORY AF2 FAIRS. 

3 (a) AMENDMENT.—Subchapter I of chapter 35 of 

4 title 44, United States Code, is amended by adding at the 

5 end the following new sections: 

6 ‘‘§ 3522. Office of Information and Regulatory Affairs 

7 Regulatory Working Group; regulatory 

8 plan; Unified Agenda 

9 ‘‘(a) REGULATORY WORKING GROUP.— 

10 ‘‘(1) ESTABLISHMENT; MEMBERS.—The Admin11 istrator of the Office of Information and Regulatory 

12 Affairs shall convene a working group to be known 

13 as the Regulatory Working Group, whose members 

14 shall consist of the following: 

15 ‘‘(A) The Administrator. 

16 ‘‘(B) Representatives selected by the head 

17 of each agency that the Administrator deter18 mines to have significant domestic regulatory 

19 responsibility. 

20 ‘‘(C) Other executive branch officials as 

21 designated by the Administrator. 

22 ‘‘(2) CHAIR.—The Chair of the Regulatory 

23 Working Group shall be the Administrator, who 

24 shall periodically advise Congress on the activities of 

25 the Regulatory Working Group. 


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1 ‘‘(3) PURPOSE.—The Regulatory Working 

2 Group shall serve as a forum to assist agencies in 

3 identifying and analyzing important regulatory 

4 issues, including, at a minimum— 

5 ‘‘(A) the development of innovative regu6 latory techniques; 

7 ‘‘(B) the methods, efficacy, and utility of 

8 comparative risk assessment in regulatory deci9 sionmaking; and 

10 ‘‘(C) the development of streamlined regu11 latory approaches for small businesses and 

12 other entities. 

13 ‘‘(4) MEETINGS.—The Regulatory Working 

14 Group shall meet not less than quarterly and may 

15 meet as a whole or in subgroups of members with 

16 an interest in particular issues or subject areas. 

17 ‘‘(5) ANALYTICAL STUDIES.—To inform the 

18 discussion of the Regulatory Working Group, the 

19 Regulatory Working Group may request analytical 

20 studies and reports by the Office of Information and 

21 Regulatory Affairs, the Administrative Conference of 

22 the United States, or any other agency. 

23 ‘‘(b) REGULATORY PLAN.— 

24 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) DEADLINE FOR AND DESCRIPTION OF

2 REGULATORY PLAN.—Not later than June 1 of 

3 each year, the head of each agency shall ap4 prove and submit to the Administrator a regu5 latory plan that includes each significant regu6 latory action that the agency reasonably expects 

7 to issue in proposed or final form in the fol8 lowing fiscal year or thereafter and the retro9 spective review described in paragraph (2). The 

10 regulatory plan shall also contain, at a min11 imum, the following: 

12 ‘‘(i) A statement of the regulatory ob13 jectives and priorities of the agency. 

14 ‘‘(ii) A summary of each planned sig15 nificant regulatory action including, to the 

16 extent possible, alternatives to be consid17 ered and preliminary estimates of the an18 ticipated costs and benefits of such action. 

19 ‘‘(iii) A summary of the legal basis for 

20 each such action, including whether any 

21 aspect of the action is required by statute 

22 or court order. 

23 ‘‘(iv) A statement of the need for each 

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1 ty, or the environment, as well as how the 

2 magnitude of the risk addressed by the ac3 tion relates to any other risk within the ju4 risdiction of the agency. 

5 ‘‘(v) The schedule for each such ac6 tion, including a statement of any applica7 ble statutory or judicial deadline. 

8 ‘‘(vi) The name, email address, and 

9 telephone number of a knowledgeable agen10 cy employee the public may contact for ad11 ditional information about each such ac12 tion. 

13 ‘‘(B) CIRCULATION OF REGULATORY

14 PLAN.—Not later than 10 days after receiving 

15 the regulatory plan under subparagraph (A), 

16 the Administrator shall circulate the regulatory 

17 plan to any other agency the Administrator de18 termines may be affected by the plan. 

19 ‘‘(C) AGENCY NOTIFICATION TO OIRA OF

20 CONFLICTING SIGNIFICANT REGULATORY AC21 TIONS.—The head of an agency shall promptly 

22 notify the Administrator in writing if any 

23 planned significant regulatory action in the reg24 ulatory plan of another agency may conflict 

25 with the policy or action taken or planned by 


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1 that agency. The Administrator shall forward 

2 any notification received under this subpara3 graph to the other agency involved. 

4 ‘‘(D) NOTIFICATION OF CONFLICTING SIG5 NIFICANT REGULATORY ACTIONS.—The Admin6 istrator shall notify the head of an agency in 

7 writing if any planned significant regulatory ac8 tion conflicts with any policy or action taken or 

9 planned by another agency. 

10 ‘‘(E) REQUIREMENT TO PUBLISH IN UNI11 FIED AGENDA.—Each regulatory plan sub12 mitted by the head of an agency under subpara13 graph (A) shall be included in the October pub14 lication of the Unified Agenda described under 

15 subsection (c). 

16 ‘‘(2) RETROSPECTIVE REVIEW.— 

17 ‘‘(A) LIST OF OUTDATED REGULATIONS.— 

18 The head of each agency shall include in the 

19 regulatory plan submitted under paragraph 

20 (1)(A) a list of regulations that have been iden21 tified by the agency (including any comments 

22 submitted to the agency) as unjustified, unnec23 essary, duplicative of other regulations or laws, 

24 inappropriately burdensome, or otherwise rec25 ommended for removal. 


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1 ‘‘(B) DESCRIPTION OF RETROSPECTIVE

2 REVIEW.—The head of each agency shall in3 clude in the regulatory plan submitted under 

4 paragraph (1)(A) a description of any program 

5 or other effort to review existing regulations to 

6 determine whether any such regulations should 

7 be modified or eliminated in order to increase 

8 the effectiveness in achieving the regulatory ob9 jectives of the agency or to reduce the burden 

10 of regulations. The agency shall include any 

11 statutory requirements that require the agency 

12 to promulgate or continue to impose regulations 

13 that the agency believes are unnecessary or out14 dated by reason of changed circumstances. 

15 ‘‘(C) OIRA COORDINATED REVIEW.—The 

16 Administrator shall work with interested enti17 ties and agencies, including through the proc18 esses established under subsection (d), to review 

19 the list of regulations identified under subpara20 graph (A) and such entities may assist OIRA 

21 and the agencies with identifying regulations or 

22 groups of regulations that— 

23 ‘‘(i) impose significant or unique bur24 dens on governmental entities and that are 

25 no longer justified; or 


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1 ‘‘(ii) affect a particular group, indus2 try, or sector of the economy. 

3 ‘‘(c) UNIFIED AGENDA.— 

4 ‘‘(1) SUBMISSION OF REGULATIONS UNDER DE5 VELOPMENT OR REVIEW.—Not later than April 1 

6 and October 1 of each year, the head of each agency 

7 shall submit to the Administrator an agenda of each 

8 regulation under development or review in accord9 ance with any guidance issued under this section. 

10 Each agenda shall include, to the extent practicable, 

11 the following: 

12 ‘‘(A) For each regulation— 

13 ‘‘(i) a regulation identifier number; 

14 ‘‘(ii) a brief summary of the regula15 tion; 

16 ‘‘(iii) a citation to the legal authority 

17 to issue the regulation; 

18 ‘‘(iv) any legal deadline for the 

19 issuance of the regulation; 

20 ‘‘(v) the name and phone number for 

21 a knowledgeable agency employee; and 

22 ‘‘(vi) the stage of review for issuing 

23 the regulation. 

24 ‘‘(B) For each regulation expected to be 

25 promulgated within the following 18 months— 


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1 ‘‘(i) a determination of whether the 

2 regulation is expected to be a significant 

3 regulatory action or an economically sig4 nificant regulatory action; and 

5 ‘‘(ii) any available analysis or quan6 tification of the expected costs or benefits. 

7 ‘‘(C) For any regulation included in the 

8 immediately previous agenda, an explanation of 

9 why the regulation is no longer included. 

10 ‘‘(2) PUBLICATION OF UNIFIED AGENDA RE11 QUIRED.—Not later than April 15 and October 15 

12 of each year, the Administrator shall compile and 

13 publish online each agenda received under paragraph 

14 (1) (to be known as the Unified Agenda). 

15 ‘‘(3) GUIDANCE.— 

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

17 shall issue guidance for agencies on the manner 

18 of submission under this subsection and on 

19 meeting the requirements of this subsection, in20 cluding a standard definition for each stage of 

21 review and any other definition that would as22 sist the public in understanding the different 

23 terms used by agencies to submit the agenda 

24 required under paragraph (1). 


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1 ‘‘(B) UPDATES.—The Administrator shall 

2 periodically review compliance with this section 

3 and issue guidance or recommendations to as4 sist agencies in complying with this section. 

5 ‘‘(d) COORDINATION WITH STATE, LOCAL, AND

6 TRIBAL GOVERNMENTS AND THE PUBLIC.— 

7 ‘‘(1) STATE, LOCAL, AND TRIBAL GOVERN8 MENTS.—The Administrator shall meet not less than 

9 quarterly with representatives of State, local, and 

10 tribal governments to identify both existing and pro11 posed regulations that may uniquely or significantly 

12 affect those government entities. 

13 ‘‘(2) PUBLIC.—The Administrator shall periodi14 cally convene conferences with representatives of 

15 businesses, nongovernmental organizations, and the 

16 public to discuss regulatory issues of common con17 cern. 

18 ‘‘(e) BEST PRACTICES.—The Administrator shall, in 

19 consultation with the Regulatory Working Group and the 

20 entities described in subsection (d), periodically develop 

21 advice and guidance for agencies on best practices of the 

22 development of regulations. 

23 ‘‘§ 3523. OIRA coordinated review of significant regu24 latory actions 

25 ‘‘(a) OIRA REVIEW.— 


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1 ‘‘(1) IN GENERAL.—The Administrator shall 

2 conduct a Governmentwide coordinated review of 

3 significant regulatory actions to ensure that such 

4 regulations are consistent with applicable law and 

5 that a regulatory action by one agency does not con6 flict with a policy or action taken or planned by an7 other agency. 

8 ‘‘(2) PERIODIC AGENCY SUBMISSION OF

9 PLANNED REGULATORY ACTIONS.—The head of each 

10 agency shall provide to the Administrator, at such 

11 time and in such a manner as determined by the Ad12 ministrator, a list of each planned regulatory action 

13 with an identification of whether each such regu14 latory action is a significant regulatory action. 

15 ‘‘(3) REVIEW OF SIGNIFICANT REGULATORY AC16 TION REQUIRED.— 

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

18 shall make a determination of whether any 

19 planned regulatory action submitted under this 

20 section is a significant regulatory action and 

21 shall review each such significant regulatory ac22 tion in accordance with this section. 

23 ‘‘(B) NOT SUBJECT TO REVIEW.—Any 

24 planned regulatory action determined by the 

25 Administrator not to be a significant regulatory 


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1 action is not subject to review under this sec2 tion. 

3 ‘‘(C) NOTIFICATION REQUIRED.—Not later 

4 than 10 days after a planned regulatory action 

5 has been determined to be a significant regu6 latory action, the Administrator shall notify the 

7 head of the relevant agency of such determina8 tion. 

9 ‘‘(4) WAIVER OF REVIEW FOR SIGNIFICANT

10 REGULATORY ACTION.—The Administrator— 

11 ‘‘(A) may waive review of any planned reg12 ulatory action designated as a significant regu13 latory action; and 

14 ‘‘(B) shall publish online a detailed written 

15 explanation of any such waiver. 

16 ‘‘(b) AGENCY CONSULTATION WITH OIRA.— 

17 ‘‘(1) IN GENERAL.—An agency may consult 

18 with OIRA at any time on any regulatory action. 

19 ‘‘(2) REGULATION IDENTIFIER NUMBER.—The 

20 head of an agency shall make every effort to obtain 

21 a regulation identifier number for the regulatory ac22 tion that is the subject of the consultation before 

23 consulting with OIRA. 

24 ‘‘(3) CONSULTATION INFORMATION RE25 QUIRED.—If the head of an agency is unable to obVerDate Sep 11 2014 21:01 Feb 15, 2017 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1009.IH H1009

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1 tain the regulation identifier number as described in 

2 paragraph (2), the head of the agency shall provide 

3 the regulation identifier number to OIRA as soon as 

4 the number is obtained with a list of any previous 

5 interactions with OIRA relating to the regulatory ac6 tion that is the subject of the consultation. 

7 ‘‘(c) AGENCY SUBMISSION OF SIGNIFICANT REGU8 LATORY ACTION FOR REVIEW.—Before issuing a signifi9 cant regulatory action, the head of an agency shall submit 

10 the significant regulatory action to the Administrator for 

11 review and shall include the following: 

12 ‘‘(1) The text of the significant regulatory ac13 tion. 

14 ‘‘(2) A detailed description of the need for the 

15 significant regulatory action. 

16 ‘‘(3) An explanation of how the significant reg17 ulatory action will meet the identified need. 

18 ‘‘(4) An assessment of potential costs and bene19 fits of the significant regulatory action. 

20 ‘‘(5) An explanation of the manner in which the 

21 significant regulatory action is consistent with a 

22 statutory mandate and avoids undue interference 

23 with State, local, and tribal government functions. 


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1 ‘‘(6) For an economically significant regulatory 

2 action, if any of the following was developed during 

3 the decisionmaking process of the agency: 

4 ‘‘(A) An assessment of and quantification 

5 of costs and benefits of the significant regu6 latory action. 

7 ‘‘(B) An assessment of and quantification 

8 of costs and benefits of potentially effective and 

9 feasible alternatives, including any underlying 

10 analysis. 

11 ‘‘(C) An explanation of why the planned 

12 significant regulatory action is preferable to any 

13 identified potential alternatives. 

14 ‘‘(d) DEADLINES FOR REVIEW.— 

15 ‘‘(1) REVIEW COORDINATION.—To the extent 

16 practicable, the head of each agency shall work with 

17 the Administrator to establish a mutually agreeable 

18 date on which to submit a significant regulatory ac19 tion for review. 

20 ‘‘(2) EXPEDITED REVIEW.—When an agency is 

21 obligated by law to issue a significant regulatory ac22 tion before complying with the provisions of this sec23 tion, the head of the agency shall notify the Admin24 istrator as soon as possible. To the extent pracVerDate Sep 11 2014 21:01 Feb 15, 2017 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1009.IH H1009

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1 ticable, OIRA and the agency shall comply with the 

2 provisions of this section. 

3 ‘‘(3) 10-DAY REVIEW.—In the case of a signifi4 cant regulatory action that is a notice of inquiry, ad5 vance notice of proposed rulemaking, or other pre6 liminary regulatory action prior to a notice of pro7 posed rulemaking, within 10 business days after the 

8 date of submission of the such action to the Admin9 istrator, OIRA shall complete the review. 

10 ‘‘(4) 90-DAY REVIEW.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), for any other significant reg13 ulatory action not described in paragraph (3), 

14 within 90 days after the date of submission of 

15 the action, OIRA shall complete the review. 

16 ‘‘(B) EXCEPTION 45-DAY REVIEW.—If 

17 OIRA has previously reviewed the significant 

18 regulatory action described in subparagraph (A) 

19 and, since that review, there has been no mate20 rial change in the facts and circumstances upon 

21 which the significant regulatory action is based, 

22 OIRA shall complete the review within 45 days 

23 after submission of the action. 

24 ‘‘(5) EXTENSION.—Any review described under 

25 this subsection may be extended for any number of 


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1 additional 30-day periods upon written request by 

2 the Administrator or the head of the agency. Such 

3 request shall be granted unless the nonrequesting 

4 party denies the request in writing within 5 days 

5 after receipt of the request for extension. 

6 ‘‘(6) RETURN.—If the Administrator deter7 mines OIRA is unable to complete a review within 

8 the time period described under this subsection, the 

9 Administrator may return the draft of the signifi10 cant regulatory action to the agency with a written 

11 explanation of why OIRA was unable to complete 

12 the review and what additional information, re13 sources, or time OIRA would need to complete the 

14 review. 

15 ‘‘(7) WITHDRAWAL.—An agency may withdraw 

16 the regulatory action from OIRA review at any time 

17 prior to the completion of the review. 

18 ‘‘(e) COMPLIANCE REVIEW.—The Administrator 

19 shall review any significant regulatory action submitted 

20 under subsection (c) to determine the extent to which the 

21 agency— 

22 ‘‘(1) identified the problem that the significant 

23 regulatory action is designed to address (including, 

24 where applicable, the failures of private markets or 

25 public institutions that warrant new agency action); 


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1 ‘‘(2) assessed the significance of the problem 

2 the regulatory action is designed to address; 

3 ‘‘(3) examined whether existing regulations or 

4 laws have created or contributed to the problem that 

5 the regulatory action is designed to correct and 

6 whether those regulations or laws should be modified 

7 to achieve the intended goal more effectively; 

8 ‘‘(4) identified and assessed available alter9 natives to direct regulation, including providing eco10 nomic incentives to encourage desired behaviors, 

11 such as user fees or marketable permits, or pro12 viding information upon which choices can be made 

13 by the public; 

14 ‘‘(5) considered, to the extent reasonable, the 

15 degree and nature of the risks posed by various sub16 stances or activities within the jurisdiction of the 

17 agency; 

18 ‘‘(6) designed the regulatory action to be the 

19 most cost-effective manner to achieve the regulatory 

20 objective; 

21 ‘‘(7) considered incentives for innovation, con22 sistency, predictability, flexibility, distributive im23 pacts, equity, and the costs of enforcement and com24 pliance by the Government, regulated entities, and 

25 the public; 


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1 ‘‘(8) assessed costs and benefits of the regu2 latory action and made a reasoned determination 

3 that the benefits justify the costs; 

4 ‘‘(9) used the best reasonably obtainable sci5 entific, technical, economic, and other information 

6 concerning the need for and consequences of the reg7 ulatory action; 

8 ‘‘(10) identified and assessed alternative forms 

9 of regulation and, to the extent feasible, specified 

10 performance objectives rather than behavior or man11 ner of compliance; 

12 ‘‘(11) sought comments and suggestions from 

13 appropriate State, local, and tribal officials on any 

14 aspect of the regulatory action that might signifi15 cantly or uniquely affect those governmental entities; 

16 ‘‘(12) assessed the effects of the regulatory ac17 tion on State, local, and tribal governments, includ18 ing specifically the availability of resources to carry 

19 out the regulatory action, and minimized the bur20 dens that uniquely or significantly affect such gov21 ernmental entities, consistent with achieving regu22 latory objectives; 

23 ‘‘(13) harmonized the regulatory action with 

24 the regulatory and other functions of State, local, 

25 and tribal governments; 


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1 ‘‘(14) avoided conflicts with or duplication of 

2 other existing regulations; 

3 ‘‘(15) tailored the regulatory action to impose 

4 the least burden on society, including individuals, 

5 businesses of differing sizes, and other entities (in6 cluding small communities and governmental enti7 ties), consistent with obtaining the regulatory objec8 tives, and taking into account, among other things 

9 and to the extent practicable, the costs of cumulative 

10 regulations; 

11 ‘‘(16) drafted the regulatory action to be simple 

12 and easy to understand, and minimized the potential 

13 for uncertainty and litigation arising from such un14 certainty; 

15 ‘‘(17) met all applicable Executive order re16 quirements; 

17 ‘‘(18) met all applicable statutory requirements; 

18 and 

19 ‘‘(19) complied with all applicable guidance. 

20 ‘‘(f) QUALITY REVIEW.—For any significant regu21 latory action submitted under subsection (c), OIRA shall 

22 assess the extent to which the agency conducted a mean23 ingful and complete analysis of each of the factors de24 scribed in subsection (e), considering best practices, meth25 ods observed through reviewing other agencies, comments 


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1 from stakeholders, and other resources that may improve 

2 the quality of the process. 

3 ‘‘(g) INTERAGENCY CONSULTATION.—The Adminis4 trator shall identify each agency potentially affected, inter5 ested, or otherwise likely to provide valuable feedback on 

6 a significant regulatory action submitted under subsection 

7 (c) and facilitate a meaningful interagency consultation 

8 process. The Administrator shall— 

9 ‘‘(1) provide each identified agency with a copy 

10 of the draft regulatory action; 

11 ‘‘(2) allow each identified agency to review the 

12 draft regulatory action for a sufficient period of 

13 time, not less than 10 business days; 

14 ‘‘(3) solicit written comments from such agency 

15 and provide those written comments to the submit16 ting agency; and 

17 ‘‘(4) as appropriate, facilitate conversations be18 tween agencies. 

19 ‘‘(h) STAKEHOLDER CONSULTATION.—For all sub20 stantive communications between OIRA and individuals 

21 not employed by the executive branch regarding a regu22 latory action submitted to the Administrator for review 

23 under this section, the Administrator shall— 


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1 ‘‘(1) invite the issuing agency to any meeting 

2 between OIRA personnel and individuals not em3 ployed by the executive branch; 

4 ‘‘(2) not later than 10 business days after re5 ceipt of any written communication submitted by 

6 any individual not employed by the executive branch, 

7 make such communications available to the public 

8 online; and 

9 ‘‘(3) make available to the public online a log, 

10 which shall be updated daily, of the following infor11 mation: 

12 ‘‘(A) The status of each regulatory action. 

13 ‘‘(B) A copy of any written communication 

14 submitted by any person not employed by the 

15 executive branch. 

16 ‘‘(C) The dates and names of persons in17 volved in any substantive oral communication 

18 and the subject matter discussed during such 

19 communication. 

20 ‘‘(i) CONCLUSION OF REVIEW.— 

21 ‘‘(1) PROVISION TO AGENCY.—Upon completion 

22 of the review, the Administrator shall provide the 

23 head of an agency with the results of the OIRA re24 view in writing, including a list of every standard, 


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1 Executive order, guidance document, and law re2 viewed for compliance and the results for each. 

3 ‘‘(2) CHANGES DURING REVIEW PERIOD.— 

4 Within 24 hours after the conclusion of the OIRA 

5 review under this section, the head of the submitting 

6 agency shall provide the Administrator with a red7 line of any changes the agency made to the regu8 latory action during the review period. To the extent 

9 practicable, the agency shall identify any change 

10 made at the suggestion or recommendation of any 

11 other agency, member of the public, or other source. 

12 To the extent practicable, the agency should identify 

13 the source of any such change. 

14 ‘‘§ 3524. Public disclosure of regulatory review 

15 ‘‘(a) IN GENERAL.—On the earlier of 3 days after 

16 OIRA completes the review of any agency significant regu17 latory action under section 3523, the date on which such 

18 agency publishes the regulatory action in the Federal Reg19 ister, or the date on which the agency announces a deci20 sion not to publish the regulatory action, the Adminis21 trator shall make available to the public online— 

22 ‘‘(1) all information submitted by an agency 

23 under section 3523; 

24 ‘‘(2) the results of the review provided to the 

25 agency under section 3523; 


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1 ‘‘(3) the redline of any changes made by the 

2 agency during the course of the review provided 

3 under section 3523(i)(2); and 

4 ‘‘(4) all documents exchanged between OIRA 

5 and the agency during the review. 

6 ‘‘(b) PLAIN LANGUAGE REQUIREMENT.—All infor7 mation provided to the public shall, to the extent prac8 ticable, be in plain, understandable language.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

10 The table of sections at the beginning of chapter 35 of 

11 title 44, United States Code, is amended by inserting after 

12 the item relating to section 3521 the following new items: 

‘‘3522. Office of Information and Regulatory Affairs Regulatory Working 

Group; regulatory plan; Unified Agenda. 

‘‘3523. OIRA coordinated review of significant regulatory actions. 

‘‘3524. Public disclosure of regulatory review.’’. 

13 (c) DEFINITIONS.—Section 3502 of title 44, United 

14 States Code, is amended— 

15 (1) in paragraph (13)(D), by striking ‘‘; and’’ 

16 and inserting a semicolon; 

17 (2) in paragraph (14), by striking the period at 

18 the end and inserting a semicolon; and 

19 (3) by adding at the end the following new 

20 paragraphs: 

21 ‘‘(15) the term ‘Administrator’ means, unless 

22 otherwise indicated, the Administrator of the Office 

23 of Information and Regulatory Affairs; 


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1 ‘‘(16) the term ‘economically significant regu2 latory action’ means any regulatory action described 

3 under subparagraph (A) or (B) of paragraph (21); 

4 ‘‘(17) the term ‘OIRA’ means the Office of In5 formation and Regulatory Affairs; 

6 ‘‘(18) the term ‘regulation’— 

7 ‘‘(A) means an agency statement of gen8 eral applicability and future effect, which the 

9 agency intends to have the force and effect of 

10 law, that is designed to implement, interpret, or 

11 prescribe law or policy or to describe the proce12 dure or practice requirements of an agency; and 

13 ‘‘(B) does not include such a statement 

14 if— 

15 ‘‘(i) issued in accordance with the for16 mal rulemaking provisions of sections 556 

17 and 557 of title 5; 

18 ‘‘(ii) the statement pertains to a mili19 tary or foreign affairs function of the 

20 United States, other than procurement 

21 regulations and regulations involving the 

22 import or export of nondefense articles and 

23 services; 


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1 ‘‘(iii) the statement is limited to an 

2 agency organization, management, or per3 sonnel matters; or 

4 ‘‘(iv) the statement is exempted as a 

5 regulation by the Administrator; 

6 ‘‘(19) the term ‘regulation identifier number’ 

7 means a unique identification code for regulations, 

8 which is designed to assist tracking regulations 

9 through the course of development; 

10 ‘‘(20) the term ‘regulatory action’ means any 

11 substantive action by an agency normally published 

12 in the Federal Register that promulgates or is ex13 pected to lead to the promulgation of a final regula14 tion, including notices of inquiry, advance notices of 

15 proposed rulemaking, and notices of proposed rule16 making; 

17 ‘‘(21) the term ‘significant regulatory action’ 

18 means any regulatory action that is likely to result 

19 in a regulation that may— 

20 ‘‘(A) have an annual effect on the economy 

21 of $100,000,000 or more; 

22 ‘‘(B) adversely affect in a material way the 

23 economy, a sector of the economy, productivity, 

24 competition, jobs, the environment, public 


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1 health or safety, or State, local, or tribal gov2 ernments or communities; 

3 ‘‘(C) create a serious inconsistency or oth4 erwise interfere with an action taken or planned 

5 by another agency; 

6 ‘‘(D) materially alter the budgetary impact 

7 of entitlements, grants, user fees, or loan pro8 grams or the rights and obligations of recipi9 ents therein; or 

10 ‘‘(E) raise novel legal or policy issues aris11 ing out of legal mandates; 

12 ‘‘(22) the term ‘small business’ has the mean13 ing given the term ‘small-business concern’ in sec14 tion 3 of the Small Business Act (15 U.S.C. 632); 

15 and 

16 ‘‘(23) the term ‘State’ means each of the sev17 eral States, the District of Columbia, each territory 

18 or possession of the United States, and each feder19 ally recognized Indian tribe.’’. 

20 (d) DEADLINE FOR ISSUANCE OF GUIDANCE.—Not 

21 later than 180 days after the date of the enactment of 

22 this Act, the Administrator of the Office of Information 

23 and Regulatory Affairs shall issue any guidance required 


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•HR 1009 IH

1 by section 3522 of title 44, United States Code, as added 

2 by subsection (a). 

Æ 


sradovich on DSK3GMQ082PROD with BILLS