I 

113TH CONGRESS 

2D SESSION H. R. 5184 

To establish a National Regulatory Budget, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2014 

Mr. SCALISE (for himself and Mr. COLLINS of Georgia) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, 

Ways and Means, Rules, and Appropriations, 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 establish a National Regulatory Budget, 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 ‘‘National Regulatory 

5 Budget Act of 2014’’. 


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1 SEC. 2. ESTABLISHMENT OF THE OFFICE OF REGULATORY 

2 ANALYSIS. 

3 (a) IN GENERAL.—Part I of title 5, United States 

4 Code, is amended by inserting after chapter 6 the fol5 lowing: 

6 ‘‘CHAPTER 6A—NATIONAL REGULATORY 

7 BUDGET AND OFFICE OF REGU8 LATORY ANALYSIS 

‘‘Sec. 

‘‘651. Definitions. 

‘‘652. Office of Regulatory Analysis; establishment; powers. 

‘‘653. Functions of Office of Regulatory Analysis; Executive branch agency compliance. 

‘‘654. Public disclosure of estimate methodology and data; privacy. 

‘‘655. National Regulatory Budget; timeline. 

‘‘656. Executive branch agency cooperation mandatory; information sharing. 

‘‘657. Enforcement. 

‘‘658. Regulatory Analysis Advisory Board. 

9 ‘‘§ 651. Definitions 

10 ‘‘In this chapter: 

11 ‘‘(1) AGGREGATE COSTS.—The term ‘aggregate 

12 costs’, with respect to a covered Federal rule, means 

13 the sum of— 

14 ‘‘(A) the direct costs of the covered Fed15 eral rule; and 

16 ‘‘(B) the regulatory costs of the covered 

17 Federal rule. 

18 ‘‘(2) COVERED FEDERAL RULE.—The term 

19 ‘covered Federal rule’ means— 

20 ‘‘(A) a rule (as defined in section 551); 


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1 ‘‘(B) an information collection requirement 

2 given a control number by the Office of Man3 agement and Budget; or 

4 ‘‘(C) guidance or a directive that— 

5 ‘‘(i) is not described in subparagraph 

6 (A) or (B); 

7 ‘‘(ii)(I) is mandatory in its application 

8 to regulated entities; or 

9 ‘‘(II) represents a statement of agency 

10 position that regulated entities would rea11 sonably construe as reflecting the enforce12 ment or litigation position of the agency; 

13 and 

14 ‘‘(iii) imposes not less than 

15 $25,000,000 in annual costs on regulated 

16 entities. 

17 ‘‘(3) DIRECT COSTS.—The term ‘direct costs’ 

18 means— 

19 ‘‘(A) expenditures made by an Executive 

20 branch agency that relate to the promulgation, 

21 administration, or enforcement of a covered 

22 Federal rule; or 

23 ‘‘(B) costs incurred by an Executive 

24 branch agency, a Government corporation, the 

25 United States Postal Service, or any other inVerDate Mar 15 2010 03:05 Jul 29, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5184.IH H5184

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1 strumentality of the Federal Government be2 cause of a covered Federal rule. 

3 ‘‘(4) DIRECTOR.—The term ‘Director’ means 

4 the Director of the Office of Regulatory Analysis es5 tablished under section 652(b). 

6 ‘‘(5) EXECUTIVE BRANCH AGENCY.—The term 

7 ‘Executive branch agency’ means— 

8 ‘‘(A) an Executive department (as defined 

9 in section 101); and 

10 ‘‘(B) an independent establishment (as de11 fined in section 104). 

12 ‘‘(6) REGULATED ENTITY.—The term ‘regu13 lated entity’ means— 

14 ‘‘(A) a for-profit private sector entity (in15 cluding an individual who is in business as a 

16 sole proprietor); 

17 ‘‘(B) a not-for-profit private sector entity; 

18 or 

19 ‘‘(C) a State or local government. 

20 ‘‘(7) REGULATORY COSTS.—The term ‘regu21 latory costs’ means all costs incurred by a regulated 

22 entity because of covered Federal rules. 


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1 ‘‘§ 652. Office of Regulatory Analysis; establishment; 

2 powers 

3 ‘‘(a) ESTABLISHMENT.—There is established in the 

4 executive branch an independent establishment to be 

5 known as the ‘Office of Regulatory Analysis’. 

6 ‘‘(b) DIRECTOR.— 

7 ‘‘(1) ESTABLISHMENT OF POSITION.—There 

8 shall be at the head of the Office of Regulatory 

9 Analysis a Director, who shall be appointed by the 

10 President, by and with the advice and consent of the 

11 Senate. 

12 ‘‘(2) TERM.— 

13 ‘‘(A) IN GENERAL.—The term of office of 

14 the Director shall— 

15 ‘‘(i) be 4 years; and 

16 ‘‘(ii) expire on the last day of Feb17 ruary following each Presidential election. 

18 ‘‘(B) APPOINTMENTS PRIOR TO EXPIRA19 TION OF TERM.—Subject to subparagraph (C), 

20 an individual appointed as Director to fill a va21 cancy prior to the expiration of a term shall 

22 serve only for the unexpired portion of the 

23 term. 

24 ‘‘(C) SERVICE UNTIL APPOINTMENT OF

25 SUCCESSOR.—An individual serving as Director 


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1 at the expiration of a term may continue to 

2 serve until a successor is appointed. 

3 ‘‘(3) POWERS.— 

4 ‘‘(A) APPOINTMENT OF DEPUTY DIREC5 TORS, OFFICERS, AND EMPLOYEES.— 

6 ‘‘(i) IN GENERAL.—The Director may 

7 appoint Deputy Directors, officers, and 

8 employees, including attorneys, in accord9 ance with chapter 51 and subchapter III of 

10 chapter 53. 

11 ‘‘(ii) TERM OF DEPUTY DIRECTORS.— 

12 A Deputy Director shall serve until the ex13 piration of the term of office of the Direc14 tor who appointed the Deputy Director 

15 (and until a successor to that Director is 

16 appointed), unless sooner removed by the 

17 Director. 

18 ‘‘(B) CONTRACTING.— 

19 ‘‘(i) IN GENERAL.—The Director may 

20 contract for financial and administrative 

21 services (including those related to budget 

22 and accounting, financial reporting, per23 sonnel, and procurement) with the General 

24 Services Administration, or such other 

25 Federal agency as the Director determines 


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1 appropriate, for which payment shall be 

2 made in advance, or by reimbursement, 

3 from funds of the Office of Regulatory 

4 Analysis in such amounts as may be 

5 agreed upon by the Director and the head 

6 of the Federal agency providing the serv7 ices. 

8 ‘‘(ii) SUBJECT TO APPROPRIATIONS.— 

9 Contract authority under clause (i) shall be 

10 effective for any fiscal year only to the ex11 tent that appropriations are available for 

12 that purpose. 

13 ‘‘§ 653. Functions of Office of Regulatory Analysis; Ex14 ecutive branch agency compliance 

15 ‘‘(a) ANNUAL REPORT REQUIRED.— 

16 ‘‘(1) IN GENERAL.—Not later than January 30 

17 of each year, the Director shall submit to the Com18 mittee on Homeland Security and Governmental Af19 fairs of the Senate, the Committee on Small Busi20 ness and Entrepreneurship of the Senate, the Com21 mittee on Oversight and Government Reform of the 

22 House of Representatives, and the Committee on 

23 Small Business of the House of Representatives a 

24 report on national regulatory costs (referred to in 


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1 this section as the ‘Report’) that includes the infor2 mation specified under paragraph (2). 

3 ‘‘(2) CONTENTS.—Each Report shall include 

4 the following: 

5 ‘‘(A) An estimate, for the fiscal year dur6 ing which the Report is submitted and for the 

7 preceding fiscal year, of each of the following: 

8 ‘‘(i) The regulatory costs imposed by 

9 each Executive branch agency on regulated 

10 entities. 

11 ‘‘(ii) The aggregate costs imposed by 

12 each Executive branch agency. 

13 ‘‘(iii) The aggregate costs imposed by 

14 all Executive branch agencies combined. 

15 ‘‘(iv) The direct costs incurred by the 

16 Federal Government because of covered 

17 Federal rules issued by each Executive 

18 branch agency. 

19 ‘‘(v) The sum of the costs described in 

20 clauses (iii) and (iv). 

21 ‘‘(vi) The regulatory costs imposed by 

22 each Executive branch agency on small 

23 businesses, small organizations, and small 

24 governmental jurisdictions (as those terms 

25 are defined in section 601). 


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1 ‘‘(vii) The sum of the costs described 

2 in clause (vi). 

3 ‘‘(B) An analysis of any major changes in 

4 estimation methodology used by the Office of 

5 Regulatory Analysis since the previous annual 

6 report. 

7 ‘‘(C) An analysis of any major estimate 

8 changes caused by improved or inadequate data 

9 since the previous annual report. 

10 ‘‘(D) Recommendations, both general and 

11 specific, regarding the following: 

12 ‘‘(i) How regulations may be stream13 lined, simplified, and modernized. 

14 ‘‘(ii) Regulations that should be re15 pealed. 

16 ‘‘(iii) How the Federal Government 

17 may reduce the costs of regulations with18 out diminishing the effectiveness of regula19 tions. 

20 ‘‘(E) Any other information that the Direc21 tor determines may be of assistance to Congress 

22 in determining the National Regulatory Budget 

23 required under section 655. 

24 ‘‘(b) REGULATORY ANALYSIS OF NEW RULES.— 


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1 ‘‘(1) REQUIREMENT.—The Director shall pub2 lish in the Federal Register and on the website of 

3 the Office of Regulatory Analysis a regulatory anal4 ysis of each proposed covered Federal rule issued by 

5 an Executive branch agency, and each proposed 

6 withdrawal or modification of a covered Federal rule 

7 by an Executive branch agency, that— 

8 ‘‘(A) imposes costs on a regulated entity; 

9 or 

10 ‘‘(B) reduces costs imposed on a regulated 

11 entity. 

12 ‘‘(2) CONTENTS.—Each regulatory analysis 

13 published under paragraph (1) shall include— 

14 ‘‘(A) an estimate of the change in regu15 latory cost of each proposed covered Federal 

16 rule (or proposed withdrawal or modification of 

17 a covered Federal rule); and 

18 ‘‘(B) any other information or rec19 ommendation that the Director may choose to 

20 provide. 

21 ‘‘(3) TIMING OF REGULATORY ANALYSIS.— 

22 ‘‘(A) INITIAL REGULATORY ANALYSIS.— 

23 Not later than 60 days after the date on which 

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1 tive branch agency under paragraph (4), the 

2 Director shall publish an initial regulatory anal3 ysis. 

4 ‘‘(B) REVISED REGULATORY ANALYSIS.— 

5 The Director may publish a revised regulatory 

6 analysis at any time. 

7 ‘‘(4) NOTICE TO DIRECTOR OF PROPOSED COV8 ERED FEDERAL RULE.—The head of an Executive 

9 branch agency shall provide a copy of each proposed 

10 covered Federal rule to the Director in a manner 

11 prescribed by the Director. 

12 ‘‘(c) EFFECTIVE DATES.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), a covered Federal rule may not take ef15 fect earlier than 75 days after the date on which the 

16 head of the Executive branch agency proposing the 

17 covered Federal rule submits a copy of the proposed 

18 covered Federal rule to the Director in the manner 

19 prescribed by the Director under subsection (b)(4). 

20 ‘‘(2) EXCEPTION.—If the head of the Executive 

21 branch agency proposing a covered Federal rule de22 termines that the public health or safety or national 

23 security requires that the covered Federal rule be 

24 promulgated earlier than the date specified under 

25 paragraph (1), the head of the Executive branch 


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1 agency may promulgate the covered Federal rule 

2 without regard to paragraph (1). 

3 ‘‘§ 654. Public disclosure of estimate methodology and 

4 data; privacy 

5 ‘‘(a) PRIVACY.—The Director shall comply with all 

6 relevant privacy laws, including— 

7 ‘‘(1) the Confidential Information Protection 

8 and Statistical Efficiency Act of 2002 (44 U.S.C. 

9 3501 note); 

10 ‘‘(2) section 9 of title 13; and 

11 ‘‘(3) section 6103 of the Internal Revenue Code 

12 of 1986. 

13 ‘‘(b) DISCLOSURE.— 

14 ‘‘(1) IN GENERAL.—To the maximum extent 

15 permitted by law, the Director shall disclose, by pub16 lication in the Federal Register and on the website 

17 of the Office of Regulatory Analysis, the method18 ology and data used to generate the estimates in the 

19 report on national regulatory costs required pursu20 ant to section 653. 

21 ‘‘(2) GOAL OF DISCLOSURE.—In disclosing the 

22 methodology and data under paragraph (1), the Di23 rector shall seek to provide sufficient information so 

24 that outside researchers may replicate the results 

25 contained in the report on national regulatory costs. 


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1 ‘‘§ 655. National Regulatory Budget; timeline 

2 ‘‘(a) DEFINITION.—In this section: 

3 ‘‘(1) ANNUAL AGENCY REGULATORY COST

4 CAP.—The term ‘annual agency regulatory cost cap’ 

5 means the maximum amount of regulatory costs that 

6 an Executive branch agency may impose in a fiscal 

7 year. 

8 ‘‘(2) ANNUAL OVERALL REGULATORY COST

9 CAP.—The term ‘annual overall regulatory cost cap’ 

10 means the maximum amount of regulatory costs that 

11 all Executive branch agencies combined may impose 

12 in a fiscal year. 

13 ‘‘(3) NATIONAL REGULATORY BUDGET.—The 

14 term ‘National Regulatory Budget’ means an Act of 

15 Congress that establishes, for a fiscal year— 

16 ‘‘(A) the annual overall regulatory cost 

17 cap; and 

18 ‘‘(B) an annual agency regulatory cost cap 

19 for each Executive branch agency. 

20 ‘‘(b) COMMITTEE DEADLINES.— 

21 ‘‘(1) REFERRAL.—Not later than March 31 of 

22 each year— 

23 ‘‘(A) the Committee on Small Business 

24 and Entrepreneurship of the Senate shall refer 

25 to the Committee on Homeland Security and 

26 Governmental Affairs of the Senate a bill that 


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1 sets forth a National Regulatory Budget for the 

2 fiscal year beginning on October 1 of that year; 

3 and 

4 ‘‘(B) the Committee on Small Business of 

5 the House of Representatives shall refer to the 

6 Committee on Oversight and Government Re7 form of the House of Representatives a bill that 

8 sets forth a National Regulatory Budget for the 

9 fiscal year beginning on October 1 of that year. 

10 ‘‘(2) REPORTING.—Not later than May 31 of 

11 each year— 

12 ‘‘(A) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate shall 

14 report a bill establishing a National Regulatory 

15 Budget for the fiscal year beginning on October 

16 1 of that year; and 

17 ‘‘(B) the Committee on Oversight and Gov18 ernment Reform of the House of Representa19 tives shall report a bill establishing a National 

20 Regulatory Budget for the fiscal year beginning 

21 on October 1 of that year. 

22 ‘‘(c) PASSAGE.—Not later than July 31 of each year, 

23 the House of Representatives and the Senate shall each 

24 pass a bill establishing a National Regulatory Budget for 

25 the fiscal year beginning on October 1 of that year. 


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1 ‘‘(d) PRESENTMENT.—Not later than September 15 

2 of each year, Congress shall pass and present to the Presi3 dent a National Regulatory Budget for the fiscal year be4 ginning on October 1 of that year. 

5 ‘‘(e) DEFAULT BUDGET.— 

6 ‘‘(1) IN GENERAL.—If a National Regulatory 

7 Budget is not enacted with respect to a fiscal year, 

8 the most recently enacted National Regulatory 

9 Budget shall apply to that fiscal year. 

10 ‘‘(2) DEFAULT INITIAL BUDGET.— 

11 ‘‘(A) CALCULATION.—If a National Regu12 latory Budget is not enacted with respect to a 

13 fiscal year, and no National Regulatory Budget 

14 has previously been enacted— 

15 ‘‘(i) the annual agency regulatory cost 

16 cap for an Executive branch agency for the 

17 fiscal year shall be equal to the amount of 

18 regulatory costs imposed by that Executive 

19 branch agency on regulated entities during 

20 the preceding fiscal year, as estimated by 

21 the Director in the annual report sub22 mitted to Congress under section 653(a); 

23 and 


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1 ‘‘(ii) the annual overall regulatory cost 

2 cap for the fiscal year shall be equal to the 

3 sum of the amounts described in clause (i). 

4 ‘‘(B) EFFECT.—For purposes of section 

5 657, an annual agency regulatory cost cap de6 scribed in subparagraph (A) that applies to a 

7 fiscal year shall have the same effect as if the 

8 annual agency regulatory cost cap were part of 

9 a National Regulatory Budget applicable to 

10 that fiscal year. 

11 ‘‘(f) INITIAL BUDGET.—The first National Regu12 latory Budget shall be with respect to fiscal year 2016. 

13 ‘‘§ 656. Executive branch agency cooperation manda14 tory; information sharing 

15 ‘‘(a) EXECUTIVE BRANCH AGENCY COOPERATION

16 MANDATORY.—Not later than 45 days after the date on 

17 which the Director requests any information from an Ex18 ecutive branch agency, the Executive branch agency shall 

19 provide the Director with the information. 

20 ‘‘(b) MEMORANDA OF UNDERSTANDING REGARDING

21 CONFIDENTIALITY.— 

22 ‘‘(1) IN GENERAL.—An Executive branch agen23 cy may require the Director to enter into a memo24 randum of understanding regarding the confiden25 tiality of information provided by the Executive 


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1 branch agency to the Director under subsection (a) 

2 as a condition precedent to providing any requested 

3 information. 

4 ‘‘(2) DEGREE OF CONFIDENTIALITY OR DATA

5 PROTECTION.—An Executive branch agency may not 

6 require a greater degree of confidentiality or data 

7 protection from the Director in a memorandum of 

8 understanding entered into under paragraph (1) 

9 than the Executive branch agency itself must adhere 

10 to. 

11 ‘‘(3) SCOPE.—A memorandum of understanding 

12 entered into by the Director and an Executive 

13 branch agency under paragraph (1) shall— 

14 ‘‘(A) be general in scope; and 

15 ‘‘(B) govern all pending and future re16 quests made to the Executive branch agency by 

17 the Director. 

18 ‘‘(c) SANCTIONS FOR NON-COOPERATION.— 

19 ‘‘(1) IN GENERAL.—Any discretionary appro20 priations made available to an Executive branch 

21 agency for a fiscal year shall be reduced pursuant to 

22 paragraph (2) if, during that fiscal year, the Direc23 tor finds that— 


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1 ‘‘(A) the Executive branch agency has 

2 failed to timely provide information that the Di3 rector requested under subsection (a); 

4 ‘‘(B) the Director has provided notice of 

5 the failure described in subparagraph (A) to the 

6 Executive branch agency; 

7 ‘‘(C) the Executive branch agency has 

8 failed to cure the failure described in subpara9 graph (A) within 30 days of being notified 

10 under subparagraph (B); and 

11 ‘‘(D) the information that the Director re12 quested under subsection (a)— 

13 ‘‘(i) is in the possession of the Execu14 tive branch agency; or 

15 ‘‘(ii) may reasonably be developed by 

16 the Executive branch agency. 

17 ‘‘(2) RESCISSION.—Subject to paragraph (3), 

18 on the date that the Director of the Office of Man19 agement and Budget, in consultation with the Office 

20 of Federal Financial Management and Financial 

21 Management Service, makes a finding under para22 graph (1) that an Executive branch agency is non23 cooperative, there is rescinded one-half of 1 percent 

24 of the unobligated discretionary appropriations avail25 able to such agency. 


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1 ‘‘(3) APPEALS.— 

2 ‘‘(A) IN GENERAL.—The Director of the 

3 Office of Management and Budget may reduce 

4 the amount of the rescission under paragraph 

5 (2), or except as provided in subparagraph (B), 

6 waive, a sanction imposed under paragraph (1) 

7 if the Director finds that— 

8 ‘‘(i) the sanction is unwarranted; 

9 ‘‘(ii) the sanction is disproportionate 

10 to the gravity of the failure; 

11 ‘‘(iii) the failure has been cured; or 

12 ‘‘(iv) providing the requested informa13 tion would adversely affect national secu14 rity. 

15 ‘‘(B) NO WAIVER FOR HISTORICALLY NON16 COMPLIANT AGENCIES.—The Director of the 

17 Office of Management and Budget may not 

18 waive a sanction imposed on an Executive 

19 branch agency under paragraphs (1) and (2) if 

20 the Executive branch agency has a history of 

21 non-compliance with requests for information 

22 by the Director of the Office of Regulatory 

23 Analysis under subsection (a). 

24 ‘‘(d) NATIONAL SECURITY.—The Director may not 

25 require an Executive branch agency to provide information 


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1 under subsection (a) that would adversely affect national 

2 security. 

3 ‘‘§ 657. Enforcement 

4 ‘‘(a) EXCEEDING ANNUAL AGENCY REGULATORY

5 COST CAP.—An Executive branch agency that exceeds the 

6 annual agency regulatory cost cap imposed by the Na7 tional Regulatory Budget for a fiscal year may not pro8 mulgate a new covered Federal rule that increases regu9 latory costs until the Executive branch agency no longer 

10 exceeds the annual agency regulatory cost cap imposed by 

11 the applicable National Regulatory Budget. 

12 ‘‘(b) DETERMINATION OF DIRECTOR.— 

13 ‘‘(1) IN GENERAL.—An Executive branch agen14 cy may not promulgate a covered Federal rule unless 

15 the Director determines, in conducting the regu16 latory analysis of the covered Federal rule under 

17 section 653(b)(3)(A) that, after the Executive 

18 branch agency promulgates the covered Federal rule, 

19 the Executive branch agency will not exceed the an20 nual agency regulatory cost cap for that Executive 

21 branch agency. 

22 ‘‘(2) TIMING.—The Director shall make a de23 termination under paragraph (1) with respect to a 

24 proposed covered Federal rule not later than 60 


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1 days after the Director receives a copy of the pro2 posed covered Federal rule under section 653(b)(4). 

3 ‘‘(c) EFFECT OF VIOLATION OF THIS SECTION.— 

4 ‘‘(1) NO FORCE OR EFFECT.—A covered Fed5 eral rule that is promulgated in violation of this sec6 tion shall have no force or effect. 

7 ‘‘(2) JUDICIAL ENFORCEMENT.—Any party 

8 may bring an action in a district court of the United 

9 States to declare that a covered Federal rule has no 

10 force or effect because the covered Federal rule was 

11 promulgated in violation of this section. 

12 ‘‘§ 658. Regulatory Analysis Advisory Board 

13 ‘‘(a) ESTABLISHMENT OF BOARD.—In accordance 

14 with the Federal Advisory Committee Act (5 U.S.C. App.), 

15 the Director shall— 

16 ‘‘(1) establish a Regulatory Analysis Advisory 

17 Board; and 

18 ‘‘(2) appoint not fewer than 9 and not more 

19 than 15 individuals as members of the Regulatory 

20 Analysis Advisory Board. 

21 ‘‘(b) QUALIFICATIONS.—The Director shall appoint 

22 individuals with technical and practical expertise in eco23 nomics, law, accounting, science, management, and other 

24 areas that will aid the Director in preparing the annual 


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1 report on national regulatory costs required under section 

2 653.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) TABLE OF CHAPTERS.—The table of chap5 ters for part I of title 5, United States Code, is 

6 amended by inserting after the item relating to 

7 chapter 6 the following: 

‘‘6A. National Regulatory Budget and Office of Regulatory Analysis 651’’. 

8 (2) INTERNAL REVENUE CODE OF 1986.—Sec9 tion 6103(j) of the Internal Revenue Code of 1986 

10 is amended by adding at the end the following: 

11 ‘‘(7) OFFICE OF REGULATORY ANALYSIS.— 

12 Upon written request by the Director of the Office 

13 of Regulatory Analysis established under section 652 

14 of title 5, United States Code, the Secretary shall 

15 furnish to officers and employees of the Office of 

16 Regulatory Analysis return information for the pur17 pose of, but only to the extent necessary for, an 

18 analysis of regulatory costs.’’. 

19 SEC. 3. REPORT ON DUPLICATIVE PERSONNEL; REPORT ON 

20 REGULATORY ANALYSIS. 

21 (a) REPORT ON DUPLICATIVE PERSONNEL.—Not 

22 later than December 31, 2014, the Director shall submit 

23 to Congress a report determining positions in the Federal 

24 Government that are— 


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1 (1) duplicative of the work performed by the 

2 Office of Regulatory Analysis established under sec3 tion 652 of title 5, United States Code; or 

4 (2) otherwise rendered cost ineffective by the 

5 work of the Office of Regulatory Analysis. 

6 (b) REPORT ON REGULATORY ANALYSIS.— 

7 (1) REPORT REQUIRED.—Not later than June 

8 30, 2015, the Director shall provide to Congress a 

9 report analyzing the practice with respect to, and 

10 the effectiveness of— 

11 (A) chapter 6 of title 5, United States 

12 Code (commonly known as the ‘‘Regulatory 

13 Flexibility Act’’); 

14 (B) the Small Business Regulatory En15 forcement Fairness Act of 1996 (5 U.S.C. 601 

16 note); 

17 (C) chapter 35 of title 44, United States 

18 Code (commonly known as the ‘‘Paperwork Re19 duction Act’’); 

20 (D) each Executive order that mandates 

21 economic analysis of Federal regulations; and 

22 (E) Office of Management and Budget cir23 culars, directives, and memoranda that mandate 

24 the economic analysis of Federal regulation. 


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1 (2) RECOMMENDATIONS.—The report under 

2 paragraph (1) shall include recommendations about 

3 how Federal regulatory analysis may be improved. 

4 SEC. 4. ADMINISTRATIVE PROCEDURE. 

5 (a) DEFINITION OF ‘‘RULE’’.—Section 551(4) of title 

6 5, United States Code, is amended by inserting after ‘‘re7 quirements of an agency’’ the following: ‘‘, whether or not 

8 the agency statement amends the Code of Federal Regula9 tions and including, without limitation, a statement de10 scribed by the agency as a regulation, rule, directive, or 

11 guidance,’’. 

12 (b) NOTICE OF PROPOSED RULEMAKING.—Section 

13 553(b) of title 5, United States Code, is amended, fol14 lowing the flush text, in subparagraph (A) by striking ‘‘in15 terpretative rules, general statements of policy, or’’. 

Æ 


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