‘‘(f) QUALITY REVIEW.—For any significant regu-
latory action submitted under subsection (c), OIRA shall 
assess 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 provide those written comments to the submit-
ting agency; and 
‘‘(4) as appropriate, facilitate conversations be-
tween agencies. 
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‘‘(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.— 
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‘‘(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.— 
Within 24 hours after the conclusion of the OIRA 
review under this section, the head of the submitting 
agency shall provide the Administrator with a red-
line of any changes the agency made to the regu-
latory 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. Public disclosure of regulatory review 
‘‘(a) IN GENERAL.—On the earlier of 3 days after 
OIRA completes the review of any agency significant regu-
latory action under section 3523, the date on which such 
agency publishes the regulatory action in the Federal Reg-
ister, or the date on which the agency announces a deci-
sion not to publish the regulatory action, the Adminis-
trator shall make available to the public online— 
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‘‘(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); and 
‘‘(4) all documents exchanged between OIRA 
and the agency during the review. 
‘‘(b) PLAIN LANGUAGE REQUIREMENT.—All infor-
mation provided to the public shall, to the extent prac-
ticable, be in plain, understandable language.’’. 
(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. Public 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 
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(3) by adding at the end the following new 
paragraphs: 
‘‘(15) the term ‘Administrator’ means, unless 
otherwise indicated, the Administrator of the Office 
of Information and Regulatory Affairs; 
‘‘(16) the term ‘economically significant regu-
latory action’ means any regulatory action described 
under subparagraph (A) or (B) of paragraph (21); 
‘‘(17) the term ‘OIRA’ means the Office of In-
formation and Regulatory Affairs; 
‘‘(18) the term ‘regulation’— 
‘‘(A) means an agency statement of gen-
eral applicability and future effect, which the 
agency intends to have the force and effect of 
law, that is designed to implement, interpret, or 
prescribe law or policy or to describe the proce-
dure or practice requirements of an agency; and 
‘‘(B) does not include such a statement 
if— 
‘‘(i) issued in accordance with the for-
mal rulemaking provisions of sections 556 
and 557 of title 5; 
‘‘(ii) the statement pertains to a mili-
tary or foreign affairs function of the 
United States, other than procurement 
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regulations and regulations involving the 
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; 
‘‘(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 any 
substantive action by an agency normally published 
in the Federal Register that promulgates or is ex-
pected to lead to the promulgation of a final regula-
tion, including notices of inquiry, advance notices of 
proposed rulemaking, and notices of proposed rule-
making; 
‘‘(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; 
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‘‘(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 
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and Regulatory Affairs shall issue any guidance required 
by section 3522 of title 44, United States Code, as added 
by subsection (a). 
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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 
the Administrator of the Office of Information 
and Regulatory Affairs to review regulations, and 
for other purposes. 
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 
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