IIB 

115TH CONGRESS 

1ST SESSION H. R. 1009 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2017 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘OIRA Insight, Reform, 

3 and Accountability Act’’. 

4 SEC. 2. OFFICE OF INFORMATION AND REGULATORY AF5 FAIRS. 

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

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

8 end the following new sections: 

9 ‘‘§ 3522. Office of Information and Regulatory Affairs 

10 Regulatory Working Group; regulatory 

11 plan; Unified Agenda 

12 ‘‘(a) REGULATORY WORKING GROUP.— 

13 ‘‘(1) ESTABLISHMENT; MEMBERS.—The Admin14 istrator of the Office of Information and Regulatory 

15 Affairs shall convene a working group to be known 

16 as the Regulatory Working Group, whose members 

17 shall consist of the following: 

18 ‘‘(A) The Administrator. 

19 ‘‘(B) Representatives selected by the head 

20 of each agency that the Administrator deter21 mines to have significant domestic regulatory 

22 responsibility. 

23 ‘‘(C) Other executive branch officials as 

24 designated by the Administrator. 

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

26 Working Group shall be the Administrator, who 


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1 shall periodically advise Congress on the activities of 

2 the Regulatory Working Group. 

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

4 Group shall serve as a forum to assist agencies in 

5 identifying and analyzing important regulatory 

6 issues, including, at a minimum— 

7 ‘‘(A) the development of innovative regu8 latory techniques; 

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

10 comparative risk assessment in regulatory deci11 sionmaking; 

12 ‘‘(C) the development of streamlined regu13 latory approaches for small businesses and 

14 other entities; and 

15 ‘‘(D) the methods used to ensure agencies 

16 coordinate with State, local, and Tribal govern17 ments. 

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

19 Group shall meet not less than quarterly and may 

20 meet as a whole or in subgroups of members with 

21 an interest in particular issues or subject areas. 

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

23 discussion of the Regulatory Working Group, the 

24 Regulatory Working Group may request analytical 

25 studies and reports by the Office of Information and 


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1 Regulatory Affairs, the Administrative Conference of 

2 the United States, or any other agency. 

3 ‘‘(b) REGULATORY PLAN.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) DEADLINE FOR AND DESCRIPTION OF

6 REGULATORY PLAN.—Not later than June 1 of 

7 each year, the head of each agency shall ap8 prove and submit to the Administrator a regu9 latory plan that includes each significant regu10 latory action that the agency reasonably expects 

11 to issue in proposed or final form in the fol12 lowing fiscal year or thereafter and the retro13 spective review described in paragraph (2). The 

14 regulatory plan shall also contain, at a min15 imum, the following: 

16 ‘‘(i) A statement of the regulatory ob17 jectives and priorities of the agency. 

18 ‘‘(ii) A summary of each planned sig19 nificant regulatory action including, to the 

20 extent possible, alternatives to be consid21 ered and preliminary estimates of the an22 ticipated costs and benefits of such action. 

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

24 each such action, including whether any 


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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) A summary of the agency’s plan 

11 to coordinate with State, local, and Tribal 

12 governments throughout the regulatory 

13 process. 

14 ‘‘(vi) A description of any action 

15 taken by the agency to ensure that each 

16 planned significant regulatory action is not 

17 duplicative or conflicting with any other 

18 existing or planned regulatory action. 

19 ‘‘(vii) The schedule for each such ac20 tion, including a statement of any applica21 ble statutory or judicial deadline. 

22 ‘‘(viii) The name, email address, and 

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1 ditional information about each such ac2 tion. 

3 ‘‘(B) CIRCULATION OF REGULATORY

4 PLAN.—Not later than 10 days after receiving 

5 the regulatory plan under subparagraph (A), 

6 the Administrator shall circulate the regulatory 

7 plan to any other agency the Administrator de8 termines may be affected by the plan. 

9 ‘‘(C) AGENCY NOTIFICATION TO OIRA OF

10 CONFLICTING SIGNIFICANT REGULATORY AC11 TIONS.—The head of an agency shall promptly 

12 notify the Administrator in writing if any 

13 planned significant regulatory action in the reg14 ulatory plan of another agency may conflict 

15 with the policy or action taken or planned by 

16 that agency. The Administrator shall forward 

17 any notification received under this subpara18 graph to the other agency involved. 

19 ‘‘(D) NOTIFICATION OF CONFLICTING SIG20 NIFICANT REGULATORY ACTIONS.—The Admin21 istrator shall notify the head of an agency in 

22 writing if any planned significant regulatory ac23 tion conflicts with any policy or action taken or 

24 planned by another agency. 


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1 ‘‘(E) REQUIREMENT TO PUBLISH IN UNI2 FIED AGENDA.—Each regulatory plan sub3 mitted by the head of an agency under subpara4 graph (A) shall be included in the October pub5 lication of the Unified Agenda described under 

6 subsection (c). 

7 ‘‘(2) RETROSPECTIVE REVIEW.— 

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

9 The head of each agency shall include in the 

10 regulatory plan submitted under paragraph 

11 (1)(A) a list of regulations that have been iden12 tified by the agency (including any comments 

13 submitted to the agency) as unjustified, unnec14 essary, duplicative of other regulations or laws, 

15 inappropriately burdensome, or otherwise rec16 ommended for removal. 

17 ‘‘(B) DESCRIPTION OF RETROSPECTIVE

18 REVIEW.—The head of each agency shall in19 clude in the regulatory plan submitted under 

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

21 or other effort to review existing regulations to 

22 determine whether any such regulations should 

23 be modified or eliminated in order to increase 

24 the effectiveness in achieving the regulatory ob25 jectives of the agency or to reduce the burden 


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1 of regulations. The agency shall include any 

2 statutory requirements that require the agency 

3 to promulgate or continue to impose regulations 

4 that the agency believes are unnecessary or out5 dated by reason of changed circumstances. 

6 ‘‘(C) OIRA COORDINATED REVIEW.—The 

7 head of each agency shall submit the program 

8 descriptions required in subparagraph (B) to 

9 the Administrator. The Administrator shall 

10 work with other interested entities and agen11 cies, including through the processes established 

12 under subsection (d), to review the list of regu13 lations identified under subparagraph (A) and 

14 such entities may assist OIRA and the agencies 

15 with identifying regulations or groups of regula16 tions that— 

17 ‘‘(i) impose significant or unique bur18 dens on governmental entities and that are 

19 no longer justified; or 

20 ‘‘(ii) affect a particular group, indus21 try, or sector of the economy. 

22 ‘‘(c) UNIFIED AGENDA.— 

23 ‘‘(1) SUBMISSION OF REGULATIONS UNDER DE24 VELOPMENT OR REVIEW.—Not later than March 15 

25 and September 15 of each year, the head of each 


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1 agency shall submit to the Administrator an agenda 

2 of each regulation under development or review in 

3 accordance with any guidance issued under this sec4 tion. Each agenda shall include, to the extent prac5 ticable, the following: 

6 ‘‘(A) For each regulation— 

7 ‘‘(i) a regulation identifier number; 

8 ‘‘(ii) a brief summary of the regula9 tion; 

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

11 to issue the regulation; 

12 ‘‘(iv) any legal deadline for the 

13 issuance of the regulation; 

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

15 a knowledgeable agency employee; and 

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

17 the regulation. 

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

19 promulgated within the following 18 months— 

20 ‘‘(i) a determination of whether the 

21 regulation is expected to be a significant 

22 regulatory action or an economically sig23 nificant regulatory action; 

24 ‘‘(ii) any available clear summary of 

25 the expected costs or benefits; and 


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1 ‘‘(iii) efforts to coordinate with State, 

2 local, and Tribal governments. 

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

4 immediately previous agenda, an explanation of 

5 why the regulation is no longer included. 

6 ‘‘(2) PUBLICATION OF UNIFIED AGENDA RE7 QUIRED.—Not later than April 15 and October 15 

8 of each year, the Administrator shall compile and 

9 publish online each agenda received under paragraph 

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

11 ‘‘(3) GUIDANCE.— 

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

13 shall issue guidance for agencies on the manner 

14 of submission under this subsection and on 

15 meeting the requirements of this subsection, in16 cluding a standard definition for each stage of 

17 review and any other definition that would as18 sist the public in understanding the different 

19 terms used by agencies to submit the agenda 

20 required under paragraph (1). 

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

22 periodically review compliance with this section 

23 and issue guidance or recommendations to as24 sist agencies in complying with this section. 


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

2 TRIBAL GOVERNMENTS AND THE PUBLIC.— 

3 ‘‘(1) STATE, LOCAL, AND TRIBAL GOVERN4 MENTS.—The Administrator shall meet not less than 

5 quarterly with representatives of State, local, and 

6 tribal governments to identify both existing and pro7 posed regulations and policies that may uniquely or 

8 significantly affect those government entities. 

9 ‘‘(2) PUBLIC.—The Administrator shall periodi10 cally convene conferences with representatives of 

11 businesses, nongovernmental organizations, and the 

12 public to discuss regulatory issues of common con13 cern. 

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

15 consultation with the Regulatory Working Group and the 

16 entities described in subsection (d), periodically develop 

17 advice and guidance for agencies on best practices of the 

18 development of regulations. 

19 ‘‘§ 3523. OIRA coordinated review of significant regu20 latory actions 

21 ‘‘(a) OIRA REVIEW.— 

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

23 conduct a Governmentwide coordinated review of 

24 significant regulatory actions to ensure that such 

25 regulations are consistent with applicable law and 


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1 that a regulatory action by one agency does not con2 flict with a policy or action taken or planned by an3 other agency. 

4 ‘‘(2) PERIODIC AGENCY SUBMISSION OF

5 PLANNED REGULATORY ACTIONS.—The head of each 

6 agency shall provide to the Administrator, at such 

7 time and in such a manner as determined by the Ad8 ministrator, a list of each planned regulatory action 

9 with an identification of whether each such regu10 latory action is a significant regulatory action. 

11 ‘‘(3) REVIEW OF SIGNIFICANT REGULATORY AC12 TION REQUIRED.— 

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

14 shall make a determination of whether any 

15 planned regulatory action submitted under this 

16 section is a significant regulatory action and 

17 shall review each such significant regulatory ac18 tion in accordance with this section. 

19 ‘‘(B) NOT SUBJECT TO REVIEW.—Any 

20 planned regulatory action determined by the 

21 Administrator not to be a significant regulatory 

22 action is not subject to review under this sec23 tion. 

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

25 than 10 days after a planned regulatory action 


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1 has been determined to be a significant regu2 latory action, the Administrator shall notify the 

3 head of the relevant agency of such determina4 tion. 

5 ‘‘(4) WAIVER OF REVIEW FOR SIGNIFICANT

6 REGULATORY ACTION.—The Administrator— 

7 ‘‘(A) may waive review of any planned reg8 ulatory action designated as a significant regu9 latory action; and 

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

11 explanation of any such waiver. 

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

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

14 with OIRA at any time on any regulatory action. 

15 OIRA shall maintain a log of each agency consulta16 tion with OIRA before submitting the significant 

17 regulatory action for review under this section, in18 cluding the date of the consultation, the name of 

19 each agency official involved with the consultation, 

20 and a description of the purpose of the consultation. 

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

22 head of an agency shall make every effort to obtain 

23 a regulation identifier number for the regulatory ac24 tion that is the subject of the consultation before 

25 consulting with OIRA. 


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1 ‘‘(3) CONSULTATION INFORMATION RE2 QUIRED.—If the head of an agency is unable to ob3 tain the regulation identifier number as described in 

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

5 the regulation identifier number to OIRA as soon as 

6 the number is obtained with a list of any previous 

7 interactions with OIRA relating to the regulatory ac8 tion that is the subject of the consultation. 

9 ‘‘(c) AGENCY SUBMISSION OF SIGNIFICANT REGU10 LATORY ACTION FOR REVIEW.—Before issuing a signifi11 cant regulatory action, the head of an agency shall submit 

12 the significant regulatory action to the Administrator for 

13 review and shall include the following: 

14 ‘‘(1) The text of the significant regulatory ac15 tion. 

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

17 significant regulatory action. 

18 ‘‘(3) An explanation of how the significant reg19 ulatory action will meet the identified need. 

20 ‘‘(4) An assessment of potential costs and bene21 fits of the significant regulatory action. 

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

23 significant regulatory action is consistent with a 

24 statutory mandate and avoids undue interference 

25 with State, local, and tribal government functions. 


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1 ‘‘(6) An explanation of agency efforts to coordi2 nate with State, local, and Tribal governments 

3 throughout the regulatory process. 

4 ‘‘(7) For an economically significant regulatory 

5 action, if any of the following was developed during 

6 the decisionmaking process of the agency: 

7 ‘‘(A) An assessment of and quantification 

8 of costs and benefits of the significant regu9 latory action. 

10 ‘‘(B) An assessment of and quantification 

11 of costs and benefits of potentially effective and 

12 feasible alternatives, including any underlying 

13 analysis. 

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

15 significant regulatory action is preferable to any 

16 identified potential alternatives. 

17 ‘‘(d) DEADLINES FOR REVIEW.— 

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

19 practicable, the head of each agency shall work with 

20 the Administrator to establish a mutually agreeable 

21 date on which to submit a significant regulatory ac22 tion for review. 

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

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1 tion, the head of the agency shall notify the Admin2 istrator as soon as possible. To the extent prac3 ticable, OIRA and the agency shall comply with the 

4 provisions of this section. 

5 ‘‘(3) 10-DAY REVIEW.—In the case of a signifi6 cant regulatory action that is a notice of inquiry, ad7 vance notice of proposed rulemaking, or other pre8 liminary regulatory action prior to a notice of pro9 posed rulemaking, within 10 business days after the 

10 date of submission of the such action to the Admin11 istrator, OIRA shall complete the review. 

12 ‘‘(4) 90-DAY REVIEW.— 

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

14 subparagraph (B), for any other significant reg15 ulatory action not described in paragraph (3), 

16 within 90 days after the date of submission of 

17 the action, OIRA shall complete the review. 

18 ‘‘(B) EXCEPTION 45-DAY REVIEW.—If 

19 OIRA has previously reviewed the significant 

20 regulatory action described in subparagraph (A) 

21 and, since that review, there has been no mate22 rial change in the facts and circumstances upon 

23 which the significant regulatory action is based, 

24 OIRA shall complete the review within 45 days 

25 after submission of the action. 


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

2 this subsection may be extended for any number of 

3 additional 30-day periods upon mutual agreement of 

4 the Administrator and the head of the agency. For 

5 each 30 day extension, the Administrator shall make 

6 publicly available online a written explanation, in7 cluding the reasons for the extension and an esti8 mate of the expected conclusion date. 

9 ‘‘(6) RETURN.—If the Administrator deter10 mines OIRA is unable to conclude a review within 

11 the time period described under this subsection, the 

12 Administrator may return the draft of the signifi13 cant regulatory action to the agency with a written 

14 explanation of why OIRA was unable to complete 

15 the review and what additional information, re16 sources, or time OIRA would need to complete the 

17 review. 

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

19 the regulatory action from OIRA review at any time 

20 prior to the completion of the review. 

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

22 shall review any significant regulatory action submitted 

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

24 agency— 


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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; 


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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 impacted State, local, and tribal officials on any as19 pect of the regulatory action that might significantly 

20 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 

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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. 


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

3 review 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 

22 ‘‘(4) as appropriate, facilitate conversations be23 tween agencies. 

24 ‘‘(h) STAKEHOLDER CONSULTATION.—For all sub25 stantive communications between OIRA and individuals 


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1 not employed by the executive branch regarding a regu2 latory action submitted to the Administrator for review 

3 under this section, the Administrator shall— 

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

5 between OIRA personnel and individuals not em6 ployed by the executive branch; 

7 ‘‘(2) not later than 10 business days after re8 ceipt of any written communication submitted by 

9 any individual not employed by the executive branch, 

10 make such communications available to the public 

11 online; and 

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

13 which shall be updated daily, of the following infor14 mation: 

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

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

17 submitted by any person not employed by the 

18 executive branch. 

19 ‘‘(C) The dates and names of persons in20 volved in any substantive oral communication 

21 and the subject matter discussed during such 

22 communication. 

23 ‘‘(i) CONCLUSION OF REVIEW.— 

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

25 of the review, the Administrator shall provide the 


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1 head of an agency with the results of the OIRA re2 view in writing, including a list of every standard, 

3 Executive order, guidance document, and law re4 viewed for compliance and the results for each. 

5 ‘‘(2) CHANGES DURING REVIEW PERIOD.—As 

6 soon as practicable and before publication in the 

7 Federal Register of a significant regulatory action 

8 for which OIRA concluded review under this section, 

9 the head of the submitting agency shall make avail10 able to the Administrator a redline of any changes 

11 the agency made to the regulatory action during the 

12 review period. To the extent practicable, the agency 

13 shall identify any change made at the suggestion or 

14 recommendation of any other agency, member of the 

15 public, or other source. To the extent practicable, 

16 the agency should identify the source of any such 

17 change. 

18 ‘‘§ 3524. Disclosure of regulatory review 

19 ‘‘(a) IN GENERAL.—On the earlier of the date on 

20 which an agency publishes a significant regulatory action 

21 reviewed under section 3523 in the Federal Register, the 

22 agency otherwise makes the significant regulatory action 

23 publicly available, or the agency announces a decision not 

24 to publish the regulatory action, the Administrator shall 

25 make available to the public online— 


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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); 

8 ‘‘(4) all documents exchanged between senior 

9 level officials at OIRA and the agency during the re10 view; and 

11 ‘‘(5) a list of each consultation described under 

12 section 3523(b). 

13 ‘‘(b) AGENCY DISCLOSURE.—Each agency that sub14 mits a significant regulatory actions to OIRA under sec15 tion 3522 or 3523 shall maintain on the website of the 

16 agency the following: 

17 ‘‘(1) A list of each active regulatory action, in18 cluding the status of the regulatory action or a link 

19 to each entry on the unified agenda. 

20 ‘‘(2) The most recent regulatory plan of the 

21 agency. 

22 ‘‘(3) A link to each record disclosed under sub23 section (a). 


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1 ‘‘(c) PLAIN LANGUAGE REQUIREMENT.—All infor2 mation provided to the public shall, to the extent prac3 ticable, be in plain, understandable language. 

4 ‘‘(d) RECORDKEEPING.—The Administrator shall en5 sure any record associated with a significant regulatory 

6 action submitted to OIRA under section 3522 or 3523 is 

7 easily accessible for a period of time consistent with ap8 proved records disposition schedules for the agency, in a 

9 manner that all records associated with a significant regu10 latory action can be promptly submitted to Congress upon 

11 request.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

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

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

Group; regulatory plan; Unified Agenda. 

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

‘‘3524. Disclosure of regulatory review.’’. 

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

17 States Code, is amended— 

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

19 and inserting a semicolon; 

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

21 the end and inserting a semicolon; and 

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

23 paragraphs: 


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

2 otherwise indicated, the Administrator of the Office 

3 of Information and Regulatory Affairs; 

4 ‘‘(16) the term ‘economically significant regu5 latory action’ means any regulatory action described 

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

7 ‘‘(17) the term ‘OIRA’ means the Office of In8 formation and Regulatory Affairs; 

9 ‘‘(18) the term ‘regulation’— 

10 ‘‘(A) means an agency statement of gen11 eral applicability and future effect, which the 

12 agency intends to have the force and effect of 

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

14 prescribe law or policy or to describe the proce15 dure or practice requirements of an agency; and 

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

17 if— 

18 ‘‘(i) issued in accordance with the for19 mal rulemaking provisions of sections 556 

20 and 557 of title 5; 

21 ‘‘(ii) the statement pertains to a mili22 tary or foreign affairs function of the 

23 United States, other than procurement 

24 regulations and regulations involving the 


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1 import or export of nondefense articles and 

2 services; 

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

4 agency organization, management, or per5 sonnel matters; or 

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

7 regulation by the Administrator and a 

8 written explanation of the exemption, in9 cluding the date of the decision and the 

10 reasons for exempting the specific state11 ment, is made publically available online; 

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

13 means a unique identification code for regulations, 

14 which is designed to assist tracking regulations 

15 through the course of development; 

16 ‘‘(20) the term ‘regulatory action’ means— 

17 ‘‘(A) any substantive action by an agency 

18 normally published in the Federal Register that 

19 promulgates or is expected to lead to the pro20 mulgation of a final regulation, including no21 tices of inquiry, advance notices of proposed 

22 rulemaking, and notices of proposed rule23 making; or 

24 ‘‘(B) any agency statement of general ap25 plicability and future effect, other than a subVerDate Sep 11 2014 21:29 Mar 02, 2017 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H1009.RFS H1009

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1 stantive action described in subparagraph (A), 

2 which sets forth a policy on a statutory, regu3 latory, or technical issue or an interpretation of 

4 a statutory or regulatory issue; 

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

6 means any regulatory action that is likely to result 

7 in a regulation that may— 

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

9 of $100,000,000 or more; 

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

11 economy, a sector of the economy, productivity, 

12 competition, jobs, the environment, public 

13 health or safety, or State, local, or tribal gov14 ernments or communities; 

15 ‘‘(C) create a serious inconsistency or oth16 erwise interfere with an action taken or planned 

17 by another agency; 

18 ‘‘(D) materially alter the budgetary impact 

19 of entitlements, grants, user fees, or loan pro20 grams or the rights and obligations of recipi21 ents therein; or 

22 ‘‘(E) raise novel legal or policy issues aris23 ing out of legal mandates; 

24 ‘‘(22) the term ‘small business’ has the mean25 ing given the term ‘small-business concern’ in secVerDate Sep 11 2014 21:29 Mar 02, 2017 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H1009.RFS H1009

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1 tion 3 of the Small Business Act (15 U.S.C. 632); 

2 and 

3 ‘‘(23) the term ‘State’ means each of the sev4 eral States, the District of Columbia, each territory 

5 or possession of the United States, and each feder6 ally recognized Indian tribe.’’. 

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

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

9 this Act, the Administrator of the Office of Information 

10 and Regulatory Affairs shall issue any guidance required 

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

12 by subsection (a). 

13 (e) EFFECTIVE DATE.—Section 3524 of title 44, as 

14 added by subsection (a), shall take effect 120 days after 

15 the date of the enactment of this Act. 

16 SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. 

17 No additional funds are authorized to carry out the 

18 requirements of this Act and the amendments made by 

19 this Act. Such requirements shall be carried out using 

20 amounts otherwise authorized. 

Passed the House of Representatives March 1, 

2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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