IB 

Union Calendar No. 7 

115TH CONGRESS 

1ST SESSION H. R. 1009 

[Report No. 115–19, Part I] 

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 

FEBRUARY 27, 2017 

Additional sponsors: Mr. SESSIONS and Mr. WALBERG

FEBRUARY 27, 2017 

Reported from the Committee on Oversight and Government Reform 

FEBRUARY 27, 2017 

The Committee on the Judiciary discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 


sradovich on DSK3GMQ082PROD with BILLS
2 

•HR 1009 RH

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. 


sradovich on DSK3GMQ082PROD with BILLS
3 

•HR 1009 RH

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’’. 

6 SEC. 2. OFFICE OF INFORMATION AND REGULATORY AF7 FAIRS. 

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

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

10 end the following new sections: 

11 ‘‘§ 3522. Office of Information and Regulatory Affairs 

12 Regulatory Working Group; regulatory 

13 plan; Unified Agenda 

14 ‘‘(a) REGULATORY WORKING GROUP.— 

15 ‘‘(1) ESTABLISHMENT; MEMBERS.—The Admin16 istrator of the Office of Information and Regulatory 

17 Affairs shall convene a working group to be known 

18 as the Regulatory Working Group, whose members 

19 shall consist of the following: 

20 ‘‘(A) The Administrator. 

21 ‘‘(B) Representatives selected by the head 

22 of each agency that the Administrator deter23 mines to have significant domestic regulatory 

24 responsibility. 


sradovich on DSK3GMQ082PROD with BILLS
4 

•HR 1009 RH

1 ‘‘(C) Other executive branch officials as 

2 designated by the Administrator. 

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

4 Working Group shall be the Administrator, who 

5 shall periodically advise Congress on the activities of 

6 the Regulatory Working Group. 

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

8 Group shall serve as a forum to assist agencies in 

9 identifying and analyzing important regulatory 

10 issues, including, at a minimum— 

11 ‘‘(A) the development of innovative regu12 latory techniques; 

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

14 comparative risk assessment in regulatory deci15 sionmaking; and 

16 ‘‘(C) the development of streamlined regu17 latory approaches for small businesses and 

18 other entities. 

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

20 Group shall meet not less than quarterly and may 

21 meet as a whole or in subgroups of members with 

22 an interest in particular issues or subject areas. 

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

24 discussion of the Regulatory Working Group, the 

25 Regulatory Working Group may request analytical 


sradovich on DSK3GMQ082PROD with BILLS
5 

•HR 1009 RH

1 studies and reports by the Office of Information and 

2 Regulatory Affairs, the Administrative Conference of 

3 the United States, or any other agency. 

4 ‘‘(b) REGULATORY PLAN.— 

5 ‘‘(1) IN GENERAL.— 

6 ‘‘(A) DEADLINE FOR AND DESCRIPTION OF

7 REGULATORY PLAN.—Not later than June 1 of 

8 each year, the head of each agency shall ap9 prove and submit to the Administrator a regu10 latory plan that includes each significant regu11 latory action that the agency reasonably expects 

12 to issue in proposed or final form in the fol13 lowing fiscal year or thereafter and the retro14 spective review described in paragraph (2). The 

15 regulatory plan shall also contain, at a min16 imum, the following: 

17 ‘‘(i) A statement of the regulatory ob18 jectives and priorities of the agency. 

19 ‘‘(ii) A summary of each planned sig20 nificant regulatory action including, to the 

21 extent possible, alternatives to be consid22 ered and preliminary estimates of the an23 ticipated costs and benefits of such action. 

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

25 each such action, including whether any 


sradovich on DSK3GMQ082PROD with BILLS
6 

•HR 1009 RH

1 aspect of the action is required by statute 

2 or court order. 

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

4 such action and, if applicable, how the ac5 tion will reduce risk to public health, safe6 ty, or the environment, as well as how the 

7 magnitude of the risk addressed by the ac8 tion relates to any other risk within the ju9 risdiction of the agency. 

10 ‘‘(v) The schedule for each such ac11 tion, including a statement of any applica12 ble statutory or judicial deadline. 

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

14 telephone number of a knowledgeable agen15 cy employee the public may contact for ad16 ditional information about each such ac17 tion. 

18 ‘‘(B) CIRCULATION OF REGULATORY

19 PLAN.—Not later than 10 days after receiving 

20 the regulatory plan under subparagraph (A), 

21 the Administrator shall circulate the regulatory 

22 plan to any other agency the Administrator de23 termines may be affected by the plan. 

24 ‘‘(C) AGENCY NOTIFICATION TO OIRA OF

25 CONFLICTING SIGNIFICANT REGULATORY ACVerDate Sep 11 2014 21:28 Feb 27, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1009.RH H1009

sradovich on DSK3GMQ082PROD with BILLS
7 

•HR 1009 RH

1 TIONS.—The head of an agency shall promptly 

2 notify the Administrator in writing if any 

3 planned significant regulatory action in the reg4 ulatory plan of another agency may conflict 

5 with the policy or action taken or planned by 

6 that agency. The Administrator shall forward 

7 any notification received under this subpara8 graph to the other agency involved. 

9 ‘‘(D) NOTIFICATION OF CONFLICTING SIG10 NIFICANT REGULATORY ACTIONS.—The Admin11 istrator shall notify the head of an agency in 

12 writing if any planned significant regulatory ac13 tion conflicts with any policy or action taken or 

14 planned by another agency. 

15 ‘‘(E) REQUIREMENT TO PUBLISH IN UNI16 FIED AGENDA.—Each regulatory plan sub17 mitted by the head of an agency under subpara18 graph (A) shall be included in the October pub19 lication of the Unified Agenda described under 

20 subsection (c). 

21 ‘‘(2) RETROSPECTIVE REVIEW.— 

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

23 The head of each agency shall include in the 

24 regulatory plan submitted under paragraph 

25 (1)(A) a list of regulations that have been idenVerDate Sep 11 2014 21:28 Feb 27, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1009.RH H1009

sradovich on DSK3GMQ082PROD with BILLS
8 

•HR 1009 RH

1 tified by the agency (including any comments 

2 submitted to the agency) as unjustified, unnec3 essary, duplicative of other regulations or laws, 

4 inappropriately burdensome, or otherwise rec5 ommended for removal. 

6 ‘‘(B) DESCRIPTION OF RETROSPECTIVE

7 REVIEW.—The head of each agency shall in8 clude in the regulatory plan submitted under 

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

10 or other effort to review existing regulations to 

11 determine whether any such regulations should 

12 be modified or eliminated in order to increase 

13 the effectiveness in achieving the regulatory ob14 jectives of the agency or to reduce the burden 

15 of regulations. The agency shall include any 

16 statutory requirements that require the agency 

17 to promulgate or continue to impose regulations 

18 that the agency believes are unnecessary or out19 dated by reason of changed circumstances. 

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

21 Administrator shall work with interested enti22 ties and agencies, including through the proc23 esses established under subsection (d), to review 

24 the list of regulations identified under subpara25 graph (A) and such entities may assist OIRA 


sradovich on DSK3GMQ082PROD with BILLS
9 

•HR 1009 RH

1 and the agencies with identifying regulations or 

2 groups of regulations that— 

3 ‘‘(i) impose significant or unique bur4 dens on governmental entities and that are 

5 no longer justified; or 

6 ‘‘(ii) affect a particular group, indus7 try, or sector of the economy. 

8 ‘‘(c) UNIFIED AGENDA.— 

9 ‘‘(1) SUBMISSION OF REGULATIONS UNDER DE10 VELOPMENT OR REVIEW.—Not later than April 1 

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

12 shall submit to the Administrator an agenda of each 

13 regulation under development or review in accord14 ance with any guidance issued under this section. 

15 Each agenda shall include, to the extent practicable, 

16 the following: 

17 ‘‘(A) For each regulation— 

18 ‘‘(i) a regulation identifier number; 

19 ‘‘(ii) a brief summary of the regula20 tion; 

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

22 to issue the regulation; 

23 ‘‘(iv) any legal deadline for the 

24 issuance of the regulation; 


sradovich on DSK3GMQ082PROD with BILLS
10 

•HR 1009 RH

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

2 a knowledgeable agency employee; and 

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

4 the regulation. 

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

6 promulgated within the following 18 months— 

7 ‘‘(i) a determination of whether the 

8 regulation is expected to be a significant 

9 regulatory action or an economically sig10 nificant regulatory action; and 

11 ‘‘(ii) any available analysis or quan12 tification of the expected costs or benefits. 

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

14 immediately previous agenda, an explanation of 

15 why the regulation is no longer included. 

16 ‘‘(2) PUBLICATION OF UNIFIED AGENDA RE17 QUIRED.—Not later than April 15 and October 15 

18 of each year, the Administrator shall compile and 

19 publish online each agenda received under paragraph 

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

21 ‘‘(3) GUIDANCE.— 

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

23 shall issue guidance for agencies on the manner 

24 of submission under this subsection and on 

25 meeting the requirements of this subsection, inVerDate Sep 11 2014 21:28 Feb 27, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1009.RH H1009

sradovich on DSK3GMQ082PROD with BILLS
11 

•HR 1009 RH

1 cluding a standard definition for each stage of 

2 review and any other definition that would as3 sist the public in understanding the different 

4 terms used by agencies to submit the agenda 

5 required under paragraph (1). 

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

7 periodically review compliance with this section 

8 and issue guidance or recommendations to as9 sist agencies in complying with this section. 

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

11 TRIBAL GOVERNMENTS AND THE PUBLIC.— 

12 ‘‘(1) STATE, LOCAL, AND TRIBAL GOVERN13 MENTS.—The Administrator shall meet not less than 

14 quarterly with representatives of State, local, and 

15 tribal governments to identify both existing and pro16 posed regulations that may uniquely or significantly 

17 affect those government entities. 

18 ‘‘(2) PUBLIC.—The Administrator shall periodi19 cally convene conferences with representatives of 

20 businesses, nongovernmental organizations, and the 

21 public to discuss regulatory issues of common con22 cern. 

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

24 consultation with the Regulatory Working Group and the 

25 entities described in subsection (d), periodically develop 


sradovich on DSK3GMQ082PROD with BILLS
12 

•HR 1009 RH

1 advice and guidance for agencies on best practices of the 

2 development of regulations. 

3 ‘‘§ 3523. OIRA coordinated review of significant regu4 latory actions 

5 ‘‘(a) OIRA REVIEW.— 

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

7 conduct a Governmentwide coordinated review of 

8 significant regulatory actions to ensure that such 

9 regulations are consistent with applicable law and 

10 that a regulatory action by one agency does not con11 flict with a policy or action taken or planned by an12 other agency. 

13 ‘‘(2) PERIODIC AGENCY SUBMISSION OF

14 PLANNED REGULATORY ACTIONS.—The head of each 

15 agency shall provide to the Administrator, at such 

16 time and in such a manner as determined by the Ad17 ministrator, a list of each planned regulatory action 

18 with an identification of whether each such regu19 latory action is a significant regulatory action. 

20 ‘‘(3) REVIEW OF SIGNIFICANT REGULATORY AC21 TION REQUIRED.— 

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

23 shall make a determination of whether any 

24 planned regulatory action submitted under this 

25 section is a significant regulatory action and 


sradovich on DSK3GMQ082PROD with BILLS
13 

•HR 1009 RH

1 shall review each such significant regulatory ac2 tion in accordance with this section. 

3 ‘‘(B) NOT SUBJECT TO REVIEW.—Any 

4 planned regulatory action determined by the 

5 Administrator not to be a significant regulatory 

6 action is not subject to review under this sec7 tion. 

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

9 than 10 days after a planned regulatory action 

10 has been determined to be a significant regu11 latory action, the Administrator shall notify the 

12 head of the relevant agency of such determina13 tion. 

14 ‘‘(4) WAIVER OF REVIEW FOR SIGNIFICANT

15 REGULATORY ACTION.—The Administrator— 

16 ‘‘(A) may waive review of any planned reg17 ulatory action designated as a significant regu18 latory action; and 

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

20 explanation of any such waiver. 

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

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

23 with OIRA at any time on any regulatory action. 

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

25 head of an agency shall make every effort to obtain 


sradovich on DSK3GMQ082PROD with BILLS
14 

•HR 1009 RH

1 a regulation identifier number for the regulatory ac2 tion that is the subject of the consultation before 

3 consulting with OIRA. 

4 ‘‘(3) CONSULTATION INFORMATION RE5 QUIRED.—If the head of an agency is unable to ob6 tain the regulation identifier number as described in 

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

8 the regulation identifier number to OIRA as soon as 

9 the number is obtained with a list of any previous 

10 interactions with OIRA relating to the regulatory ac11 tion that is the subject of the consultation. 

12 ‘‘(c) AGENCY SUBMISSION OF SIGNIFICANT REGU13 LATORY ACTION FOR REVIEW.—Before issuing a signifi14 cant regulatory action, the head of an agency shall submit 

15 the significant regulatory action to the Administrator for 

16 review and shall include the following: 

17 ‘‘(1) The text of the significant regulatory ac18 tion. 

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

20 significant regulatory action. 

21 ‘‘(3) An explanation of how the significant reg22 ulatory action will meet the identified need. 

23 ‘‘(4) An assessment of potential costs and bene24 fits of the significant regulatory action. 


sradovich on DSK3GMQ082PROD with BILLS
15 

•HR 1009 RH

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

2 significant regulatory action is consistent with a 

3 statutory mandate and avoids undue interference 

4 with State, local, and tribal government functions. 

5 ‘‘(6) For an economically significant regulatory 

6 action, if any of the following was developed during 

7 the decisionmaking process of the agency: 

8 ‘‘(A) An assessment of and quantification 

9 of costs and benefits of the significant regu10 latory action. 

11 ‘‘(B) An assessment of and quantification 

12 of costs and benefits of potentially effective and 

13 feasible alternatives, including any underlying 

14 analysis. 

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

16 significant regulatory action is preferable to any 

17 identified potential alternatives. 

18 ‘‘(d) DEADLINES FOR REVIEW.— 

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

20 practicable, the head of each agency shall work with 

21 the Administrator to establish a mutually agreeable 

22 date on which to submit a significant regulatory ac23 tion for review. 

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

25 obligated by law to issue a significant regulatory acVerDate Sep 11 2014 21:28 Feb 27, 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1009.RH H1009

sradovich on DSK3GMQ082PROD with BILLS
16 

•HR 1009 RH

1 tion before complying with the provisions of this sec2 tion, the head of the agency shall notify the Admin3 istrator as soon as possible. To the extent prac4 ticable, OIRA and the agency shall comply with the 

5 provisions of this section. 

6 ‘‘(3) 10-DAY REVIEW.—In the case of a signifi7 cant regulatory action that is a notice of inquiry, ad8 vance notice of proposed rulemaking, or other pre9 liminary regulatory action prior to a notice of pro10 posed rulemaking, within 10 business days after the 

11 date of submission of the such action to the Admin12 istrator, OIRA shall complete the review. 

13 ‘‘(4) 90-DAY REVIEW.— 

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

15 subparagraph (B), for any other significant reg16 ulatory action not described in paragraph (3), 

17 within 90 days after the date of submission of 

18 the action, OIRA shall complete the review. 

19 ‘‘(B) EXCEPTION 45-DAY REVIEW.—If 

20 OIRA has previously reviewed the significant 

21 regulatory action described in subparagraph (A) 

22 and, since that review, there has been no mate23 rial change in the facts and circumstances upon 

24 which the significant regulatory action is based, 


sradovich on DSK3GMQ082PROD with BILLS
17 

•HR 1009 RH

1 OIRA shall complete the review within 45 days 

2 after submission of the action. 

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

4 this subsection may be extended for any number of 

5 additional 30-day periods upon written request by 

6 the Administrator or the head of the agency. Such 

7 request shall be granted unless the nonrequesting 

8 party denies the request in writing within 5 days 

9 after receipt of the request for extension. 

10 ‘‘(6) RETURN.—If the Administrator deter11 mines OIRA is unable to complete a review within 

12 the time period described under this subsection, the 

13 Administrator may return the draft of the signifi14 cant regulatory action to the agency with a written 

15 explanation of why OIRA was unable to complete 

16 the review and what additional information, re17 sources, or time OIRA would need to complete the 

18 review. 

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

20 the regulatory action from OIRA review at any time 

21 prior to the completion of the review. 

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

23 shall review any significant regulatory action submitted 

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

25 agency— 


sradovich on DSK3GMQ082PROD with BILLS
18 

•HR 1009 RH

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

2 regulatory action is designed to address (including, 

3 where applicable, the failures of private markets or 

4 public institutions that warrant new agency action); 

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

6 the regulatory action is designed to address; 

7 ‘‘(3) examined whether existing regulations or 

8 laws have created or contributed to the problem that 

9 the regulatory action is designed to correct and 

10 whether those regulations or laws should be modified 

11 to achieve the intended goal more effectively; 

12 ‘‘(4) identified and assessed available alter13 natives to direct regulation, including providing eco14 nomic incentives to encourage desired behaviors, 

15 such as user fees or marketable permits, or pro16 viding information upon which choices can be made 

17 by the public; 

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

19 degree and nature of the risks posed by various sub20 stances or activities within the jurisdiction of the 

21 agency; 

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

23 most cost-effective manner to achieve the regulatory 

24 objective; 


sradovich on DSK3GMQ082PROD with BILLS
19 

•HR 1009 RH

1 ‘‘(7) considered incentives for innovation, con2 sistency, predictability, flexibility, distributive im3 pacts, equity, and the costs of enforcement and com4 pliance by the Government, regulated entities, and 

5 the public; 

6 ‘‘(8) assessed costs and benefits of the regu7 latory action and made a reasoned determination 

8 that the benefits justify the costs; 

9 ‘‘(9) used the best reasonably obtainable sci10 entific, technical, economic, and other information 

11 concerning the need for and consequences of the reg12 ulatory action; 

13 ‘‘(10) identified and assessed alternative forms 

14 of regulation and, to the extent feasible, specified 

15 performance objectives rather than behavior or man16 ner of compliance; 

17 ‘‘(11) sought comments and suggestions from 

18 appropriate State, local, and tribal officials on any 

19 aspect of the regulatory action that might signifi20 cantly or uniquely affect those governmental entities; 

21 ‘‘(12) assessed the effects of the regulatory ac22 tion on State, local, and tribal governments, includ23 ing specifically the availability of resources to carry 

24 out the regulatory action, and minimized the bur25 dens that uniquely or significantly affect such govVerDate Sep 11 2014 21:28 Feb 27, 2017 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1009.RH H1009

sradovich on DSK3GMQ082PROD with BILLS
20 

•HR 1009 RH

1 ernmental entities, consistent with achieving regu2 latory objectives; 

3 ‘‘(13) harmonized the regulatory action with 

4 the regulatory and other functions of State, local, 

5 and tribal governments; 

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

7 other existing regulations; 

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

9 the least burden on society, including individuals, 

10 businesses of differing sizes, and other entities (in11 cluding small communities and governmental enti12 ties), consistent with obtaining the regulatory objec13 tives, and taking into account, among other things 

14 and to the extent practicable, the costs of cumulative 

15 regulations; 

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

17 and easy to understand, and minimized the potential 

18 for uncertainty and litigation arising from such un19 certainty; 

20 ‘‘(17) met all applicable Executive order re21 quirements; 

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

23 and 

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


sradovich on DSK3GMQ082PROD with BILLS
21 

•HR 1009 RH

1 ‘‘(f) QUALITY REVIEW.—For any significant regu2 latory action submitted under subsection (c), OIRA shall 

3 assess the extent to which the agency conducted a mean4 ingful and complete analysis of each of the factors de5 scribed in subsection (e), considering best practices, meth6 ods observed through reviewing other agencies, comments 

7 from stakeholders, and other resources that may improve 

8 the quality of the process. 

9 ‘‘(g) INTERAGENCY CONSULTATION.—The Adminis10 trator shall identify each agency potentially affected, inter11 ested, or otherwise likely to provide valuable feedback on 

12 a significant regulatory action submitted under subsection 

13 (c) and facilitate a meaningful interagency consultation 

14 process. The Administrator shall— 

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

16 of the draft regulatory action; 

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

18 draft regulatory action for a sufficient period of 

19 time, not less than 10 business days; 

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

21 and provide those written comments to the submit22 ting agency; and 

23 ‘‘(4) as appropriate, facilitate conversations be24 tween agencies. 


sradovich on DSK3GMQ082PROD with BILLS
22 

•HR 1009 RH

1 ‘‘(h) STAKEHOLDER CONSULTATION.—For all sub2 stantive communications between OIRA and individuals 

3 not employed by the executive branch regarding a regu4 latory action submitted to the Administrator for review 

5 under this section, the Administrator shall— 

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

7 between OIRA personnel and individuals not em8 ployed by the executive branch; 

9 ‘‘(2) not later than 10 business days after re10 ceipt of any written communication submitted by 

11 any individual not employed by the executive branch, 

12 make such communications available to the public 

13 online; and 

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

15 which shall be updated daily, of the following infor16 mation: 

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

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

19 submitted by any person not employed by the 

20 executive branch. 

21 ‘‘(C) The dates and names of persons in22 volved in any substantive oral communication 

23 and the subject matter discussed during such 

24 communication. 

25 ‘‘(i) CONCLUSION OF REVIEW.— 


sradovich on DSK3GMQ082PROD with BILLS
23 

•HR 1009 RH

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

2 of the review, the Administrator shall provide the 

3 head of an agency with the results of the OIRA re4 view in writing, including a list of every standard, 

5 Executive order, guidance document, and law re6 viewed for compliance and the results for each. 

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

8 Within 24 hours after the conclusion of the OIRA 

9 review under this section, the head of the submitting 

10 agency shall provide the Administrator with a red11 line of any changes the agency made to the regu12 latory action during the review period. To the extent 

13 practicable, the agency shall identify any change 

14 made at the suggestion or recommendation of any 

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

16 To the extent practicable, the agency should identify 

17 the source of any such change. 

18 ‘‘§ 3524. Public disclosure of regulatory review 

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

20 OIRA completes the review of any agency significant regu21 latory action under section 3523, the date on which such 

22 agency publishes the regulatory action in the Federal Reg23 ister, or the date on which the agency announces a deci24 sion not to publish the regulatory action, the Adminis25 trator shall make available to the public online— 


sradovich on DSK3GMQ082PROD with BILLS
24 

•HR 1009 RH

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

2 under section 3523; 

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

4 agency under section 3523; 

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

6 agency during the course of the review provided 

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

8 ‘‘(4) all documents exchanged between OIRA 

9 and the agency during the review. 

10 ‘‘(b) PLAIN LANGUAGE REQUIREMENT.—All infor11 mation provided to the public shall, to the extent prac12 ticable, be in plain, understandable language.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

16 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.’’. 

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

18 States Code, is amended— 

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

20 and inserting a semicolon; 

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

22 the end and inserting a semicolon; and 


sradovich on DSK3GMQ082PROD with BILLS
25 

•HR 1009 RH

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

2 paragraphs: 

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

4 otherwise indicated, the Administrator of the Office 

5 of Information and Regulatory Affairs; 

6 ‘‘(16) the term ‘economically significant regu7 latory action’ means any regulatory action described 

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

9 ‘‘(17) the term ‘OIRA’ means the Office of In10 formation and Regulatory Affairs; 

11 ‘‘(18) the term ‘regulation’— 

12 ‘‘(A) means an agency statement of gen13 eral applicability and future effect, which the 

14 agency intends to have the force and effect of 

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

16 prescribe law or policy or to describe the proce17 dure or practice requirements of an agency; and 

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

19 if— 

20 ‘‘(i) issued in accordance with the for21 mal rulemaking provisions of sections 556 

22 and 557 of title 5; 

23 ‘‘(ii) the statement pertains to a mili24 tary or foreign affairs function of the 

25 United States, other than procurement 


sradovich on DSK3GMQ082PROD with BILLS
26 

•HR 1009 RH

1 regulations and regulations involving the 

2 import or export of nondefense articles and 

3 services; 

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

5 agency organization, management, or per6 sonnel matters; or 

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

8 regulation by the Administrator; 

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

10 means a unique identification code for regulations, 

11 which is designed to assist tracking regulations 

12 through the course of development; 

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

14 substantive action by an agency normally published 

15 in the Federal Register that promulgates or is ex16 pected to lead to the promulgation of a final regula17 tion, including notices of inquiry, advance notices of 

18 proposed rulemaking, and notices of proposed rule19 making; 

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

21 means any regulatory action that is likely to result 

22 in a regulation that may— 

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

24 of $100,000,000 or more; 


sradovich on DSK3GMQ082PROD with BILLS
27 

•HR 1009 RH

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

2 economy, a sector of the economy, productivity, 

3 competition, jobs, the environment, public 

4 health or safety, or State, local, or tribal gov5 ernments or communities; 

6 ‘‘(C) create a serious inconsistency or oth7 erwise interfere with an action taken or planned 

8 by another agency; 

9 ‘‘(D) materially alter the budgetary impact 

10 of entitlements, grants, user fees, or loan pro11 grams or the rights and obligations of recipi12 ents therein; or 

13 ‘‘(E) raise novel legal or policy issues aris14 ing out of legal mandates; 

15 ‘‘(22) the term ‘small business’ has the mean16 ing given the term ‘small-business concern’ in sec17 tion 3 of the Small Business Act (15 U.S.C. 632); 

18 and 

19 ‘‘(23) the term ‘State’ means each of the sev20 eral States, the District of Columbia, each territory 

21 or possession of the United States, and each feder22 ally recognized Indian tribe.’’. 

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

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

25 this Act, the Administrator of the Office of Information 


sradovich on DSK3GMQ082PROD with BILLS
28 

•HR 1009 RH

1 and Regulatory Affairs shall issue any guidance required 

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

3 by subsection (a). 


sradovich on DSK3GMQ082PROD with BILLS

sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 7 

115TH CONGRESS 

1ST SESSION H. R. 1009 

[Report No. 115–19, Part I] 

A BILL 

To amend title 44, United States Code, to require 

for other purposes. and Regulatory Affairs to review regulations, and the Administrator of the Office of Information 

FEBRUARY 27, 2017 

Reported from the Committee on Oversight and 

F

Government Reform 

EBRUARY 27, 2017 

The Committee on the Judiciary discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


sradovich on DSK3GMQ082PROD with BILLS