I 
116TH CONGRESS 
1ST SESSION H. R. 1204 
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. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2019 
Mr. MITCHELL introduced the following bill; which was referred to the Com-
mittee on Oversight and Reform, and in addition to the Committee on 
the Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend title 44, United States Code, to require the Ad-
ministrator of the Office of Information and Regulatory 
Affairs to review regulations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘OIRA Insight, Reform, 
and Accountability Act’’. 
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SEC. 2. OFFICE OF INFORMATION AND REGULATORY AF-
FAIRS. 
(a) AMENDMENT.—Subchapter I of chapter 35 of 
title 44, United States Code, is amended by adding at the 
end the following new sections: 
‘‘§ 3522. Office of Information and Regulatory Affairs 
Regulatory Working Group; regulatory 
plan; Unified Agenda 
‘‘(a) REGULATORY WORKING GROUP.— 
‘‘(1) ESTABLISHMENT; MEMBERS.—The Admin-
istrator of the Office of Information and Regulatory 
Affairs shall convene a working group to be known 
as the Regulatory Working Group, whose members 
shall consist of the following: 
‘‘(A) The Administrator. 
‘‘(B) Representatives selected by the head 
of each agency that the Administrator deter-
mines to have significant domestic regulatory 
responsibility. 
‘‘(C) Other executive branch officials as 
designated by the Administrator. 
‘‘(2) CHAIR.—The Chair of the Regulatory 
Working Group shall be the Administrator, who 
shall periodically advise Congress on the activities of 
the Regulatory Working Group. 
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‘‘(3) 
PURPOSE.—The 
Regulatory 
Working 
Group shall serve as a forum to assist agencies in 
identifying and analyzing important regulatory 
issues, including, at a minimum— 
‘‘(A) the development of innovative regu-
latory techniques; 
‘‘(B) the methods, efficacy, and utility of 
comparative risk assessment in regulatory deci-
sionmaking; 
‘‘(C) the development of streamlined regu-
latory approaches for small businesses and 
other entities; and 
‘‘(D) the methods used to ensure agencies 
coordinate with State, local, and Tribal govern-
ments. 
‘‘(4) MEETINGS.—The Regulatory Working 
Group shall meet not less than quarterly and may 
meet as a whole or in subgroups of members with 
an interest in particular issues or subject areas. 
‘‘(5) ANALYTICAL
STUDIES.—To inform the 
discussion of the Regulatory Working Group, the 
Regulatory Working Group may request analytical 
studies and reports by the Office of Information and 
Regulatory Affairs, the Administrative Conference of 
the United States, or any other agency. 
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‘‘(b) REGULATORY PLAN.— 
‘‘(1) IN GENERAL.— 
‘‘(A) DEADLINE FOR AND DESCRIPTION OF 
REGULATORY PLAN.—Not later than June 1 of 
each year, the head of each agency shall ap-
prove and submit to the Administrator a regu-
latory plan that includes each significant regu-
latory action that the agency reasonably expects 
to issue in proposed or final form in the fol-
lowing fiscal year or thereafter and the retro-
spective review described in paragraph (2). The 
regulatory plan shall also contain, at a min-
imum, the following: 
‘‘(i) A statement of the regulatory ob-
jectives and priorities of the agency. 
‘‘(ii) A summary of each planned sig-
nificant regulatory action including, to the 
extent possible, alternatives to be consid-
ered and preliminary estimates of the an-
ticipated costs and benefits of such action. 
‘‘(iii) A summary of the legal basis for 
each such action, including whether any 
aspect of the action is required by statute 
or court order. 
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‘‘(iv) A statement of the need for each 
such action and, if applicable, how the ac-
tion will reduce risk to public health, safe-
ty, or the environment, as well as how the 
magnitude of the risk addressed by the ac-
tion relates to any other risk within the ju-
risdiction of the agency. 
‘‘(v) A summary of the agency’s plan 
to coordinate with State, local, and Tribal 
governments throughout the regulatory 
process. 
‘‘(vi) A description of any action 
taken by the agency to ensure that each 
planned significant regulatory action is not 
duplicative or conflicting with any other 
existing or planned regulatory action. 
‘‘(vii) The schedule for each such ac-
tion, including a statement of any applica-
ble statutory or judicial deadline. 
‘‘(viii) The name, email address, and 
telephone number of a knowledgeable agen-
cy employee the public may contact for ad-
ditional information about each such ac-
tion. 
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‘‘(B) 
CIRCULATION
OF
REGULATORY 
PLAN.—Not later than 10 days after receiving 
the regulatory plan under subparagraph (A), 
the Administrator shall circulate the regulatory 
plan to any other agency the Administrator de-
termines may be affected by the plan. 
‘‘(C) AGENCY NOTIFICATION TO OIRA OF 
CONFLICTING
SIGNIFICANT
REGULATORY
AC-
TIONS.—The head of an agency shall promptly 
notify the Administrator in writing if any 
planned significant regulatory action in the reg-
ulatory plan of another agency may conflict 
with the policy or action taken or planned by 
that agency. The Administrator shall forward 
any notification received under this subpara-
graph to the other agency involved. 
‘‘(D) NOTIFICATION OF CONFLICTING SIG-
NIFICANT REGULATORY ACTIONS.—The Admin-
istrator shall notify the head of an agency in 
writing if any planned significant regulatory ac-
tion conflicts with any policy or action taken or 
planned by another agency. 
‘‘(E) REQUIREMENT TO PUBLISH IN UNI-
FIED
AGENDA.—Each regulatory plan sub-
mitted by the head of an agency under subpara-
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graph (A) shall be included in the October pub-
lication of the Unified Agenda described under 
subsection (c). 
‘‘(2) RETROSPECTIVE REVIEW.— 
‘‘(A) LIST OF OUTDATED REGULATIONS.— 
The head of each agency shall include in the 
regulatory plan submitted under paragraph 
(1)(A) a list of regulations that have been iden-
tified by the agency (including any comments 
submitted to the agency) as unjustified, unnec-
essary, duplicative of other regulations or laws, 
inappropriately burdensome, or otherwise rec-
ommended for removal. 
‘‘(B) DESCRIPTION
OF
RETROSPECTIVE 
REVIEW.—The head of each agency shall in-
clude in the regulatory plan submitted under 
paragraph (1)(A) a description of any program 
or other effort to review existing regulations to 
determine whether any such regulations should 
be modified or eliminated in order to increase 
the effectiveness in achieving the regulatory ob-
jectives of the agency or to reduce the burden 
of regulations. The agency shall include any 
statutory requirements that require the agency 
to promulgate or continue to impose regulations 
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that the agency believes are unnecessary or out-
dated by reason of changed circumstances. 
‘‘(C) OIRA COORDINATED REVIEW.—The 
head of each agency shall submit the program 
descriptions required in subparagraph (B) to 
the Administrator. The Administrator shall 
work with other interested entities and agen-
cies, including through the processes established 
under subsection (d), to review the list of regu-
lations identified under subparagraph (A) and 
such entities may assist OIRA and the agencies 
with identifying regulations or groups of regula-
tions that— 
‘‘(i) impose significant or unique bur-
dens on governmental entities and that are 
no longer justified; or 
‘‘(ii) affect a particular group, indus-
try, or sector of the economy. 
‘‘(c) UNIFIED AGENDA.— 
‘‘(1) SUBMISSION OF REGULATIONS UNDER DE-
VELOPMENT OR REVIEW.—Not later than March 15 
and September 15 of each year, the head of each 
agency shall submit to the Administrator an agenda 
of each regulation under development or review in 
accordance with any guidance issued under this sec-
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tion. Each agenda shall include, to the extent prac-
ticable, the following: 
‘‘(A) For each regulation— 
‘‘(i) a regulation identifier number; 
‘‘(ii) a brief summary of the regula-
tion; 
‘‘(iii) a citation to the legal authority 
to issue the regulation; 
‘‘(iv) any legal deadline for the 
issuance of the regulation; 
‘‘(v) the name and phone number for 
a knowledgeable agency employee; and 
‘‘(vi) the stage of review for issuing 
the regulation. 
‘‘(B) For each regulation expected to be 
promulgated within the following 18 months— 
‘‘(i) a determination of whether the 
regulation is expected to be a significant 
regulatory action or an economically sig-
nificant regulatory action; 
‘‘(ii) any available clear summary of 
the expected costs or benefits; and 
‘‘(iii) efforts to coordinate with State, 
local, and Tribal governments. 
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‘‘(C) For any regulation included in the 
immediately previous agenda, an explanation of 
why the regulation is no longer included. 
‘‘(2) PUBLICATION
OF
UNIFIED
AGENDA
RE-
QUIRED.—Not later than April 15 and October 15 
of each year, the Administrator shall compile and 
publish online each agenda received under paragraph 
(1) (to be known as the Unified Agenda). 
‘‘(3) GUIDANCE.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall issue guidance for agencies on the manner 
of submission under this subsection and on 
meeting the requirements of this subsection, in-
cluding a standard definition for each stage of 
review and any other definition that would as-
sist the public in understanding the different 
terms used by agencies to submit the agenda 
required under paragraph (1). 
‘‘(B) UPDATES.—The Administrator shall 
periodically review compliance with this section 
and issue guidance or recommendations to as-
sist agencies in complying with this section. 
‘‘(d) COORDINATION WITH STATE, LOCAL, AND 
TRIBAL GOVERNMENTS AND THE PUBLIC.— 
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‘‘(1) STATE, LOCAL, AND
TRIBAL
GOVERN-
MENTS.—The Administrator shall meet not less than 
quarterly with representatives of State, local, and 
Tribal governments to identify both existing and 
proposed regulations and policies that may uniquely 
or significantly affect those government entities. 
‘‘(2) PUBLIC.—The Administrator shall periodi-
cally convene conferences with representatives of 
businesses, nongovernmental organizations, and the 
public to discuss regulatory issues of common con-
cern. 
‘‘(e) BEST PRACTICES.—The Administrator shall, in 
consultation with the Regulatory Working Group and the 
entities described in subsection (d), periodically develop 
advice and guidance for agencies on best practices of the 
development of regulations. 
‘‘§ 3523. OIRA coordinated review of significant regu-
latory actions 
‘‘(a) OIRA REVIEW.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
conduct a Governmentwide coordinated review of 
significant regulatory actions to ensure that such 
regulations are consistent with applicable law and 
that a regulatory action by one agency does not con-
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flict with a policy or action taken or planned by an-
other agency. 
‘‘(2) 
PERIODIC
AGENCY
SUBMISSION
OF 
PLANNED REGULATORY ACTIONS.—The head of each 
agency shall provide to the Administrator, at such 
time and in such a manner as determined by the Ad-
ministrator, a list of each planned regulatory action 
with an identification of whether each such regu-
latory action is a significant regulatory action. 
‘‘(3) REVIEW OF SIGNIFICANT REGULATORY AC-
TION REQUIRED.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall make a determination of whether any 
planned regulatory action submitted under this 
section is a significant regulatory action and 
shall review each such significant regulatory ac-
tion in accordance with this section. 
‘‘(B) NOT
SUBJECT
TO
REVIEW.—Any 
planned regulatory action determined by the 
Administrator not to be a significant regulatory 
action is not subject to review under this sec-
tion. 
‘‘(C) NOTIFICATION REQUIRED.—Not later 
than 10 days after a planned regulatory action 
has been determined to be a significant regu-
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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. 
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‘‘(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. 
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‘‘(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-
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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. 
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