I 
114TH CONGRESS 
2D SESSION 
H. R. 6177 
To require the Administrator of the Office of Information and Regulatory 
Affairs and the head of each Federal agency to increase transparency 
in the regulatory review process, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2016 
Mr. DEFAZIO introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Oversight 
and Government Reform, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To require the Administrator of the Office of Information 
and Regulatory Affairs and the head of each Federal 
agency to increase transparency in the regulatory review 
process, 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 ‘‘Accountability in Rule-
making Act’’. 
SEC. 2. REGULATORY REVIEW TRANSPARENCY. 
(a) UNIFIED REGULATORY AGENDA.— 
VerDate Sep 11 2014 
00:20 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6177.IH
H6177
SSpencer on DSK4SPTVN1PROD with BILLS
(1) ESTABLISHMENT.—Not later than Decem-
ber 31, March 31, June 30, and September 30, of 
each year, the head of each agency shall submit to 
the Administrator of the Office of Information and 
Regulatory Affairs a unified regulatory agenda. The 
Administrator shall make each unified regulatory 
agenda available on a public website in an accessible 
format. 
(2) CONTENTS.—The unified regulatory agenda 
shall contain a list of each regulation under develop-
ment or review by the agency. Each entry for a reg-
ulation shall include, at a minimum, the following: 
(A) A regulation identifier number. 
(B) A brief summary of the regulation. 
(C) The legal authority for the regulation. 
(D) A statement of whether the Adminis-
trator has declared the regulation a significant 
regulatory action. 
(E) The stage in the process of issuing the 
regulation. 
(F) A statement of whether the regulation 
has been submitted to the Administrator for re-
view. 
VerDate Sep 11 2014 
00:20 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6177.IH
H6177
SSpencer on DSK4SPTVN1PROD with BILLS
(G) Any legal deadline for the regulation, 
including the Public Law number of the statute 
that mandates such a deadline. 
(H) Any written communication between 
an employee or officer of the agency and an em-
ployee or officer of the Office of Information 
and Regulatory Affairs regarding the regula-
tion. 
(I) Any communication received from the 
Administrator regarding the regulation describ-
ing why further consideration of the regulation 
is necessary. 
(3) GUIDANCE.—Not later than 6 months after 
the date of the enactment of this Act, the Adminis-
trator shall review agency compliance with the provi-
sions of this subsection and provide recommenda-
tions to bring any noncompliant agency into compli-
ance. 
(b) SIGNIFICANT REGULATORY ACTION REVIEW.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which the unified regulatory agenda is 
submitted under subsection (a)(1), the Adminis-
trator shall review each significant regulatory action 
listed in the agenda to ensure each action is con-
sistent with applicable law. 
VerDate Sep 11 2014 
00:20 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6177.IH
H6177
SSpencer on DSK4SPTVN1PROD with BILLS
(2) EXTENSION
OF
REVIEW
PERIOD.—The 
deadline for review described in paragraph (1) may 
be extended— 
(A) once by not more than 30 days upon 
written approval of the Director of the Office of 
Management and Budget; and 
(B) at the request of the head of the 
issuing agency. 
(3) DOCUMENTATION OF EXTENSION.—The Ad-
ministrator shall provide written documentation of 
the reasoning for any extension of review of a regu-
lation made under paragraph (3) and include such 
documentation in the unified regulatory agenda list-
ing for the regulation. 
(4) THIRD-PARTY
COMMUNICATION.—During 
any review process of a significant regulatory action 
described in this subsection— 
(A) an employee or officer of the Office of 
Information and Regulatory Affairs may not 
meet with an individual who is not a Federal 
employee or officer regarding the substance of 
such action unless a representative from the 
issuing agency has been invited; 
(B) within 10 working days of receipt of 
any written communication regarding the sub-
VerDate Sep 11 2014 
00:20 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6177.IH
H6177
SSpencer on DSK4SPTVN1PROD with BILLS
stance of such action from an individual who is 
not a Federal employee or officer, the Adminis-
trator shall provide such communication to the 
issuing agency; and 
(C) within 10 working days of any oral 
communication regarding the substance of such 
action with an individual who is not a Federal 
employee or officer, the Administrator shall 
provide the date and the name or names of in-
dividuals involved in such communication to the 
issuing agency. 
(5) DOCUMENTATION OF CHANGES.— 
(A) OFFICE OF INFORMATION AND REGU-
LATORY
AFFAIRS
CHANGES.—The Adminis-
trator shall document any change made by the 
Office of Information and Regulatory Affairs to 
a significant regulatory action during the review 
process under this subsection and make such 
change available on a public website in a redline 
or other easily understood format. 
(B) AGENCY CHANGES.—After the Admin-
istrator has reviewed a significant regulatory 
action under this subsection, the head of an 
agency shall document any change made by the 
agency to the regulation and make such change 
VerDate Sep 11 2014 
00:20 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6177.IH
H6177
SSpencer on DSK4SPTVN1PROD with BILLS
available on a public website in a redline or 
other easily understood format. 
(6) RETURN
LETTER.—For each significant 
regulatory action that the Administrator returns to 
an agency for further consideration of any provision, 
the Administrator shall provide the issuing agency 
with a written explanation of why further consider-
ation is necessary. 
(c) AGENCY REMOVAL OF A REGULATION.—With re-
gard to any proposed regulation that was listed and subse-
quently removed from a unified regulatory agenda, the 
head of the agency shall publish a written explanation for 
such removal on a publicly available website. 
(d) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Office of In-
formation and Regulatory Affairs. 
(2) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term in section 3502 of title 44, 
United States Code, but does not include an inde-
pendent regulatory agency as that term is defined in 
such section. 
(3) REGULATION.—The term ‘‘regulation’’— 
(A) means an agency statement of general 
applicability and future effect, which the agency 
VerDate Sep 11 2014 
00:20 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6177.IH
H6177
SSpencer on DSK4SPTVN1PROD with BILLS
intends to have the force and effect of law, that 
is designed to implement, interpret, or prescribe 
law or policy or to describe the procedure or 
practice requirements of an agency; and 
(B) does not include— 
(i) regulations issued in accordance 
with the formal rulemaking provisions of 
sections 556 and 557 of title 5, United 
States Code; 
(ii) regulations that pertain to a mili-
tary or foreign affairs function of the 
United States, other than procurement 
regulations and regulations involving the 
import or export of non-defense articles 
and services; and 
(iii) regulations that are limited to an 
agency organization, management, or per-
sonnel matters. 
(4) REGULATORY
ACTION.—The term ‘‘regu-
latory action’’ means 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 notices of 
inquiry, advance notices of proposed rulemaking, 
and notices of proposed rulemaking. 
VerDate Sep 11 2014 
00:20 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6177.IH
H6177
SSpencer on DSK4SPTVN1PROD with BILLS
(5) SIGNIFICANT
REGULATORY
ACTION.—The 
term ‘‘significant regulatory action’’ means any reg-
ulatory action that is likely to result in a regulation 
that may— 
(A) have an annual effect on the economy 
of $167,000,000 or more, adjusted annually for 
inflation to reflect the change in the Consumer 
Price Index for All Urban Consumers published 
by the Bureau of Labor Statistics, rounding to 
the nearest $1,000,000; 
(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 other-
wise 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. 
Æ 
VerDate Sep 11 2014 
00:20 Oct 01, 2016
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H6177.IH
H6177
SSpencer on DSK4SPTVN1PROD with BILLS