II 

114TH CONGRESS 

1ST SESSION S. 1817 

To improve the effectiveness of major rules in accomplishing their regulatory 

objectives by promoting retrospective review, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2015 

Ms. HEITKAMP (for herself and Mr. LANKFORD) introduced the following bill; 

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

A BILL 

To improve the effectiveness of major rules in accomplishing 

their regulatory objectives by promoting retrospective review, 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 ‘‘Smarter Regulations 

5 Through Advance Planning and Review Act of 2015’’ or 

6 the ‘‘Smarter Regs Act of 2015’’. 


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1 SEC. 2. INCORPORATING RETROSPECTIVE REVIEW INTO 

2 NEW MAJOR RULES. 

3 (a) IN GENERAL.—Subchapter II of chapter 5 of title 

4 5, United States Code, is amended— 

5 (1) in section 551— 

6 (A) in paragraph (13), by striking ‘‘; and’’ 

7 and inserting a semicolon; 

8 (B) in paragraph (14), by striking the pe9 riod at the end and inserting a semicolon; and 

10 (C) by adding at the end the following: 

11 ‘‘(15) ‘Administrator’ means the Administrator 

12 of the Office of Information and Regulatory Affairs 

13 of the Office of Management and Budget; and 

14 ‘‘(16) ‘major rule’ means any rule that the Ad15 ministrator finds has resulted in or is likely to result 

16 in— 

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

18 $100,000,000 or more; 

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

20 consumers, individual industries, Federal, 

21 State, or local government agencies, or geo22 graphic regions; or 

23 ‘‘(C) significant adverse effects on competi24 tion, employment, investment, productivity, in25 novation, or on the ability of United States26 based enterprises to compete with foreign-based 


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1 enterprises in domestic and export markets.’’; 

2 and 

3 (2) in section 553, by adding at the end the fol4 lowing: 

5 ‘‘(f) REGULATION-SPECIFIC FRAMEWORKS.— 

6 ‘‘(1) IN GENERAL.—Beginning 180 days after 

7 the date of enactment of this subsection, when an 

8 agency publishes a proposed or final major rule in 

9 the Federal Register, the agency shall include a 

10 framework for reassessing the major rule under 

11 paragraph (2), which shall include— 

12 ‘‘(A) a clear statement of the regulatory 

13 objectives of the major rule, including the soci14 etal benefit and cost of the major rule; 

15 ‘‘(B) the methodology by which the agency 

16 plans to analyze the major rule, including 

17 metrics by which the agency can measure— 

18 ‘‘(i) the effectiveness and benefits of 

19 the major rule in producing the regulatory 

20 objectives of the major rule; and 

21 ‘‘(ii) the impacts, including any costs, 

22 of the major rule on regulated entities; 

23 ‘‘(C) a plan for gathering data regarding 

24 the metrics described in subparagraph (B) on 

25 an ongoing basis, or at periodic times, during 


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1 the implementation of the major rule, including 

2 the method by which the agency will invite the 

3 public to participate in the review process and 

4 seek input from other agencies, taking into ac5 count any burden to the public in supplying rel6 evant data to agencies; and 

7 ‘‘(D) a specific time frame, as appropriate 

8 to the major rule and not more than 10 years, 

9 under which the agency shall conduct the reas10 sessment of the major rule in accordance with 

11 paragraph (2)(A). 

12 ‘‘(2) REASSESSMENT.— 

13 ‘‘(A) IN GENERAL.—Each agency shall as14 sess the data collected under paragraph (1)(C), 

15 using the methodology set forth in paragraph 

16 (1)(B), with respect to a major rule— 

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

18 and costs of the major rule may have var19 ied from those anticipated at the time the 

20 major rule was issued; and 

21 ‘‘(ii) to determine whether— 

22 ‘‘(I) the major rule is accom23 plishing its regulatory objective; 


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1 ‘‘(II) the major rule has been 

2 rendered unnecessary, taking into 

3 consideration— 

4 ‘‘(aa) changes in the subject 

5 area affected by the major rule; 

6 and 

7 ‘‘(bb) whether the major 

8 rule overlaps, duplicates, or con9 flicts with other rules or, to the 

10 extent feasible, State and local 

11 government regulations; and 

12 ‘‘(III) other alternatives to the 

13 major rule or modification of the 

14 major rule could achieve better results 

15 while imposing a smaller burden on 

16 society or at a lower cost, taking into 

17 consideration any cost already in18 curred. 

19 ‘‘(B) SUBSEQUENT ASSESSMENTS.—If, 

20 after a reassessment of a major rule under sub21 paragraph (A), an agency determines that the 

22 major rule will remain in effect with or without 

23 modification, the agency shall— 

24 ‘‘(i) determine a specific time, as ap25 propriate to the major rule and not more 


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1 than 10 years, under which the agency 

2 shall conduct another assessment of the 

3 major rule in accordance with subpara4 graph (A); and 

5 ‘‘(ii) if the assessment conducted 

6 under clause (i) does not result in a repeal 

7 of the major rule, periodically reassess the 

8 major rule in accordance with subpara9 graph (A) to ensure the major rule con10 tinues to meet the regulatory objective. 

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

12 days after the date on which an agency com13 pletes a reassessment of a major rule under 

14 subparagraph (A), the agency shall publish a 

15 notice of availability of the results of the reas16 sessment in the Federal Register, including the 

17 specific time for any subsequent assessment of 

18 the major rule under subparagraph (B)(i), if 

19 applicable. 

20 ‘‘(3) OMB OVERSIGHT.—The Administrator 

21 shall— 

22 ‘‘(A) issue guidance for agencies regarding 

23 the development of the framework under para24 graph (1) and the conduct of the reassessments 

25 under paragraph (2)(A); 


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1 ‘‘(B) oversee the timely compliance of 

2 agencies with this subsection; and 

3 ‘‘(C) ensure that the results of each reas4 sessment conducted under paragraph (2)(A) 

5 are— 

6 ‘‘(i) published promptly on a central7 ized Federal website; and 

8 ‘‘(ii) noticed in the Federal Register 

9 in accordance with paragraph (2)(C). 

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

11 this subsection shall be construed to affect— 

12 ‘‘(A) the authority of an agency to reassess 

13 or modify a major rule of the agency earlier 

14 than the end of the time frame specified for the 

15 major rule under paragraph (1)(D); or 

16 ‘‘(B) any other provision of law that re17 quires an agency to conduct retrospective re18 views of rules issued by the agency.’’. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as may be 

21 necessary to carry out the amendments made by sub22 section (a). 

Æ 


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