has been determined to be a significant regu-
latory action, the Administrator shall notify the 
head of the relevant agency of such determina-
tion. 
‘‘(4) WAIVER
OF
REVIEW
FOR
SIGNIFICANT 
REGULATORY ACTION.—The Administrator— 
‘‘(A) may waive review of any planned reg-
ulatory action designated as a significant regu-
latory action; and 
‘‘(B) shall publish online a detailed written 
explanation of any such waiver. 
‘‘(b) AGENCY CONSULTATION WITH OIRA.— 
‘‘(1) IN
GENERAL.—An agency may consult 
with OIRA at any time on any regulatory action. 
OIRA shall maintain a log of each agency consulta-
tion with OIRA before submitting the significant 
regulatory action for review under this section, in-
cluding the date of the consultation, the name of 
each agency official involved with the consultation, 
and a description of the purpose of the consultation. 
‘‘(2) REGULATION IDENTIFIER NUMBER.—The 
head of an agency shall make every effort to obtain 
a regulation identifier number for the regulatory ac-
tion that is the subject of the consultation before 
consulting with OIRA.
‘‘(3) 
CONSULTATION
INFORMATION
RE-
QUIRED.—If the head of an agency is unable to ob-
tain the regulation identifier number as described in 
paragraph (2), the head of the agency shall provide 
the regulation identifier number to OIRA as soon as 
the number is obtained with a list of any previous 
interactions with OIRA relating to the regulatory ac-
tion that is the subject of the consultation. 
‘‘(c) AGENCY SUBMISSION OF SIGNIFICANT REGU-
LATORY ACTION FOR REVIEW.—Before issuing a signifi-
cant regulatory action, the head of an agency shall submit 
the significant regulatory action to the Administrator for 
review and shall include the following: 
‘‘(1) The text of the significant regulatory ac-
tion. 
‘‘(2) A detailed description of the need for the 
significant regulatory action. 
‘‘(3) An explanation of how the significant reg-
ulatory action will meet the identified need. 
‘‘(4) An assessment of potential costs and bene-
fits of the significant regulatory action. 
‘‘(5) An explanation of the manner in which the 
significant regulatory action is consistent with a 
statutory mandate and avoids undue interference 
with State, local, and tribal government functions.
‘‘(6) An explanation of agency efforts to coordi-
nate with State, local, and Tribal governments 
throughout the regulatory process. 
‘‘(7) For an economically significant regulatory 
action, if any of the following was developed during 
the decisionmaking process of the agency: 
‘‘(A) An assessment of and quantification 
of costs and benefits of the significant regu-
latory action. 
‘‘(B) An assessment of and quantification 
of costs and benefits of potentially effective and 
feasible alternatives, including any underlying 
analysis. 
‘‘(C) An explanation of why the planned 
significant regulatory action is preferable to any 
identified potential alternatives. 
‘‘(d) DEADLINES FOR REVIEW.— 
‘‘(1) REVIEW
COORDINATION.—To the extent 
practicable, the head of each agency shall work with 
the Administrator to establish a mutually agreeable 
date on which to submit a significant regulatory ac-
tion for review. 
‘‘(2) EXPEDITED REVIEW.—When an agency is 
obligated by law to issue a significant regulatory ac-
tion before complying with the provisions of this sec-
tion, the head of the agency shall notify the Admin-
istrator as soon as possible. To the extent prac-
ticable, OIRA and the agency shall comply with the 
provisions of this section. 
‘‘(3) 10-DAY REVIEW.—In the case of a signifi-
cant regulatory action that is a notice of inquiry, ad-
vance notice of proposed rulemaking, or other pre-
liminary regulatory action prior to a notice of pro-
posed rulemaking, within 10 business days after the 
date of submission of the such action to the Admin-
istrator, OIRA shall complete the review. 
‘‘(4) 90-DAY REVIEW.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), for any other significant reg-
ulatory action not described in paragraph (3), 
within 90 days after the date of submission of 
the action, OIRA shall complete the review. 
‘‘(B) 
EXCEPTION
45-DAY
REVIEW.—If 
OIRA has previously reviewed the significant 
regulatory action described in subparagraph (A) 
and, since that review, there has been no mate-
rial change in the facts and circumstances upon 
which the significant regulatory action is based, 
OIRA shall complete the review within 45 days 
after submission of the action.
‘‘(5) EXTENSION.—Any review described under 
this subsection may be extended for any number of 
additional 30-day periods upon mutual agreement of 
the Administrator and the head of the agency. For 
each 30 day extension, the Administrator shall make 
publicly available online a written explanation, in-
cluding the reasons for the extension and an esti-
mate of the expected conclusion date. 
‘‘(6) RETURN.—If the Administrator deter-
mines OIRA is unable to conclude a review within 
the time period described under this subsection, the 
Administrator may return the draft of the signifi-
cant regulatory action to the agency with a written 
explanation of why OIRA was unable to complete 
the review and what additional information, re-
sources, or time OIRA would need to complete the 
review. 
‘‘(7) WITHDRAWAL.—An agency may withdraw 
the regulatory action from OIRA review at any time 
prior to the completion of the review. 
‘‘(e) COMPLIANCE
REVIEW.—The Administrator 
shall review any significant regulatory action submitted 
under subsection (c) to determine the extent to which the 
agency—
‘‘(1) identified the problem that the significant 
regulatory action is designed to address (including, 
where applicable, the failures of private markets or 
public institutions that warrant new agency action); 
‘‘(2) assessed the significance of the problem 
the regulatory action is designed to address; 
‘‘(3) examined whether existing regulations or 
laws have created or contributed to the problem that 
the regulatory action is designed to correct and 
whether those regulations or laws should be modified 
to achieve the intended goal more effectively; 
‘‘(4) identified and assessed available alter-
natives to direct regulation, including providing eco-
nomic incentives to encourage desired behaviors, 
such as user fees or marketable permits, or pro-
viding information upon which choices can be made 
by the public; 
‘‘(5) considered, to the extent reasonable, the 
degree and nature of the risks posed by various sub-
stances or activities within the jurisdiction of the 
agency; 
‘‘(6) designed the regulatory action to be the 
most cost-effective manner to achieve the regulatory 
objective;
‘‘(7) considered incentives for innovation, con-
sistency, predictability, flexibility, distributive im-
pacts, equity, and the costs of enforcement and com-
pliance by the Government, regulated entities, and 
the public; 
‘‘(8) assessed costs and benefits of the regu-
latory action and made a reasoned determination 
that the benefits justify the costs; 
‘‘(9) used the best reasonably obtainable sci-
entific, technical, economic, and other information 
concerning the need for and consequences of the reg-
ulatory action; 
‘‘(10) identified and assessed alternative forms 
of regulation and, to the extent feasible, specified 
performance objectives rather than behavior or man-
ner of compliance; 
‘‘(11) sought comments and suggestions from 
impacted State, local, and tribal officials on any as-
pect of the regulatory action that might significantly 
or uniquely affect those governmental entities; 
‘‘(12) assessed the effects of the regulatory ac-
tion on State, local, and tribal governments, includ-
ing specifically the availability of resources to carry 
out the regulatory action, and minimized the bur-
dens that uniquely or significantly affect such gov-
ernmental entities, consistent with achieving regu-
latory objectives; 
‘‘(13) harmonized the regulatory action with 
the regulatory and other functions of State, local, 
and tribal governments; 
‘‘(14) avoided conflicts with or duplication of 
other existing regulations; 
‘‘(15) tailored the regulatory action to impose 
the least burden on society, including individuals, 
businesses of differing sizes, and other entities (in-
cluding small communities and governmental enti-
ties), consistent with obtaining the regulatory objec-
tives, and taking into account, among other things 
and to the extent practicable, the costs of cumulative 
regulations; 
‘‘(16) drafted the regulatory action to be simple 
and easy to understand, and minimized the potential 
for uncertainty and litigation arising from such un-
certainty; 
‘‘(17) met all applicable Executive order re-
quirements; 
‘‘(18) met all applicable statutory requirements; 
and 
‘‘(19) complied with all applicable guidance.
‘‘(f) QUALITY REVIEW.—For any significant regu-
latory action submitted under subsection (c), OIRA shall 
review the extent to which the agency conducted a mean-
ingful and complete analysis of each of the factors de-
scribed in subsection (e), considering best practices, meth-
ods observed through reviewing other agencies, comments 
from stakeholders, and other resources that may improve 
the quality of the process. 
‘‘(g) INTERAGENCY CONSULTATION.—The Adminis-
trator shall identify each agency potentially affected, inter-
ested, or otherwise likely to provide valuable feedback on 
a significant regulatory action submitted under subsection 
(c) and facilitate a meaningful interagency consultation 
process. The Administrator shall— 
‘‘(1) provide each identified agency with a copy 
of the draft regulatory action; 
‘‘(2) allow each identified agency to review the 
draft regulatory action for a sufficient period of 
time, not less than 10 business days; 
‘‘(3) solicit written comments from such agency; 
and 
‘‘(4) as appropriate, facilitate conversations be-
tween agencies. 
‘‘(h) STAKEHOLDER CONSULTATION.—For all sub-
stantive communications between OIRA and individuals
not employed by the executive branch regarding a regu-
latory action submitted to the Administrator for review 
under this section, the Administrator shall— 
‘‘(1) invite the issuing agency to any meeting 
between OIRA personnel and individuals not em-
ployed by the executive branch; 
‘‘(2) not later than 10 business days after re-
ceipt of any written communication submitted by 
any individual not employed by the executive branch, 
make such communications available to the public 
online; and 
‘‘(3) make available to the public online a log, 
which shall be updated daily, of the following infor-
mation: 
‘‘(A) The status of each regulatory action. 
‘‘(B) A copy of any written communication 
submitted by any person not employed by the 
executive branch. 
‘‘(C) The dates and names of persons in-
volved in any substantive oral communication 
and the subject matter discussed during such 
communication. 
‘‘(i) CONCLUSION OF REVIEW.— 
‘‘(1) PROVISION TO AGENCY.—Upon completion 
of the review, the Administrator shall provide the
head of an agency with the results of the OIRA re-
view in writing, including a list of every standard, 
Executive order, guidance document, and law re-
viewed for compliance and the results for each. 
‘‘(2) CHANGES DURING REVIEW PERIOD.—As 
soon as practicable and before publication in the 
Federal Register of a significant regulatory action 
for which OIRA concluded review under this section, 
the head of the submitting agency shall make avail-
able to the Administrator a redline of any changes 
the agency made to the regulatory action during the 
review period. To the extent practicable, the agency 
shall identify any change made at the suggestion or 
recommendation of any other agency, member of the 
public, or other source. To the extent practicable, 
the agency should identify the source of any such 
change. 
‘‘§ 3524. Disclosure of regulatory review 
‘‘(a) IN GENERAL.—On the earlier of the date on 
which an agency publishes a significant regulatory action 
reviewed under section 3523 in the Federal Register, the 
agency otherwise makes the significant regulatory action 
publicly available, or the agency announces a decision not 
to publish the regulatory action, the Administrator shall 
make available to the public online—
‘‘(1) all information submitted by an agency 
under section 3523; 
‘‘(2) the results of the review provided to the 
agency under section 3523; 
‘‘(3) the redline of any changes made by the 
agency during the course of the review provided 
under section 3523(i)(2); 
‘‘(4) all documents exchanged between senior 
level officials at OIRA and the agency during the re-
view; and 
‘‘(5) a list of each consultation described under 
section 3523(b). 
‘‘(b) AGENCY DISCLOSURE.—Each agency that sub-
mits a significant regulatory actions to OIRA under sec-
tion 3522 or 3523 shall maintain on the website of the 
agency the following: 
‘‘(1) A list of each active regulatory action, in-
cluding the status of the regulatory action or a link 
to each entry on the unified agenda. 
‘‘(2) The most recent regulatory plan of the 
agency. 
‘‘(3) A link to each record disclosed under sub-
section (a).
‘‘(c) PLAIN LANGUAGE REQUIREMENT.—All infor-
mation provided to the public shall, to the extent prac-
ticable, be in plain, understandable language. 
‘‘(d) RECORDKEEPING.—The Administrator shall en-
sure any record associated with a significant regulatory 
action submitted to OIRA under section 3522 or 3523 is 
easily accessible for a period of time consistent with ap-
proved records disposition schedules for the agency, in a 
manner that all records associated with a significant regu-
latory action can be promptly submitted to Congress upon 
request.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections at the beginning of chapter 35 of 
title 44, United States Code, is amended by inserting after 
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.’’. 
(c) DEFINITIONS.—Section 3502 of title 44, United 
States Code, is amended— 
(1) in paragraph (13)(D), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in paragraph (14), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs:
import or export of nondefense articles and 
services; 
‘‘(iii) the statement is limited to an 
agency organization, management, or per-
sonnel matters; or 
‘‘(iv) the statement is exempted as a 
regulation by the Administrator and a 
written explanation of the exemption, in-
cluding the date of the decision and the 
reasons for exempting the specific state-
ment, is made publically available online; 
‘‘(19) the term ‘regulation identifier number’ 
means a unique identification code for regulations, 
which is designed to assist tracking regulations 
through the course of development; 
‘‘(20) the term ‘regulatory action’ means— 
‘‘(A) any substantive action by an agency 
normally published in the Federal Register that 
promulgates or is expected to lead to the pro-
mulgation of a final regulation, including no-
tices of inquiry, advance notices of proposed 
rulemaking, and notices of proposed rule-
making; or 
‘‘(B) any agency statement of general ap-
plicability and future effect, other than a sub-
stantive action described in subparagraph (A), 
which sets forth a policy on a statutory, regu-
latory, or technical issue or an interpretation of 
a statutory or regulatory issue; 
‘‘(21) the term ‘significant regulatory action’ 
means any regulatory action that is likely to result 
in a regulation that may— 
‘‘(A) have an annual effect on the economy 
of $100,000,000 or more; 
‘‘(B) adversely affect in a material way the 
economy, a sector of the economy, productivity, 
competition, jobs, the environment, public 
health or safety, or State, local, or tribal gov-
ernments or communities; 
‘‘(C) create a serious inconsistency or oth-
erwise interfere with an action taken or planned 
by another agency; 
‘‘(D) materially alter the budgetary impact 
of entitlements, grants, user fees, or loan pro-
grams or the rights and obligations of recipi-
ents therein; or 
‘‘(E) raise novel legal or policy issues aris-
ing out of legal mandates; 
‘‘(22) the term ‘small business’ has the mean-
ing given the term ‘small-business concern’ in sec-
tion 3 of the Small Business Act (15 U.S.C. 632); 
and 
‘‘(23) the term ‘State’ means each of the sev-
eral States, the District of Columbia, each territory 
or possession of the United States, and each feder-
ally recognized Indian tribe.’’. 
(d) DEADLINE FOR ISSUANCE OF GUIDANCE.—Not 
later than 180 days after the date of the enactment of 
this Act, the Administrator of the Office of Information 
and Regulatory Affairs shall issue any guidance required 
by section 3522 of title 44, United States Code, as added 
by subsection (a). 
(e) EFFECTIVE DATE.—Section 3524 of title 44, as 
added by subsection (a), shall take effect 120 days after 
the date of the enactment of this Act. 
SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. 
No additional funds are authorized to carry out the 
requirements of this Act and the amendments made by 
this Act. Such requirements shall be carried out using 
amounts otherwise authorized. 
Passed the House of Representatives March 1, 
2017. 
Attest: 
Clerk.
115TH CONGRESS 
1ST SESSION 
H. R. 1009 
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.