Title: Regulatory Improvement and Transparency Act of 2017
Policy area: Government Operations and Politics

Summary:
Regulatory Improvement and Transparency Act of 2017
Administrative Procedures Improvement Act of 2017
The bill revises the process that governs the way in which executive agencies may propose and issue regulations, including by establishing requirements that agencies must follow when proposing or issuing a major rule. A major rule is defined as one that is likely to cause an annual effect on the economy of $100 million or more, a major increase in costs or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, public health and safety, or the environment.
The Office of Information and Regulatory Affairs (OIRA) must provide guidance on, and oversight of, agencies' assessments of their proposed major rules.
Pilot Retrospective Review Commission Act of 2017
The bill establishes in the legislative branch a Pilot Regulatory Review Commission to evaluate and provide recommendations for modifying, consolidating, or repealing certain regulations that impact the transportation sector.
Plain Writing Act for Regulations Act of 2017
When issuing or revising regulations, executive agencies must use plain writing that is clear, concise, and well-organized if feasible.
Office of Information and Regulatory Affairs Transparency Act of 2017
OIRA must ensure greater openness, accessibility, and accountability in the regulatory review process.
Cost-Benefit Analysis Improvement Act of 2017
The General Services Administration must contract with the National Academy of Public Administration to publish a study on the costs and benefits associated with major rules.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1734 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1734

       To improve the regulatory process, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2017

Mrs. McCaskill introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
       To improve the regulatory process, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Regulatory 
Improvement and Transparency Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
           TITLE I--ADMINISTRATIVE PROCEDURES IMPROVEMENT ACT

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Rulemaking.
           TITLE II--PILOT COMMISSION ON RETROSPECTIVE REVIEW

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Establishment of commission.
Sec. 204. Duties of the commission.
Sec. 205. Powers of the commission.
Sec. 206. Commission personnel matters.
Sec. 207. Termination of the commission.
Sec. 208. Authorization of appropriations.
Sec. 209. GAO report.
              TITLE III--PLAIN WRITING ACT FOR REGULATIONS

Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Responsibilities of Federal agencies.
Sec. 305. Responsibilities of the Director of the Office of Management 
                            and Budget.
Sec. 306. Reports.
Sec. 307. Judicial review and enforceability.
                      TITLE IV--OIRA TRANSPARENCY

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Purpose.
Sec. 404. Transparency.
               TITLE V--COST-BENEFIT ANALYSIS IMPROVEMENT

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Cost-benefit study.

           TITLE I--ADMINISTRATIVE PROCEDURES IMPROVEMENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Administrative Procedures 
Improvement Act of 2017''.

SEC. 102. DEFINITIONS.

    Title 5, United States Code, is amended--
            (1) in section 551--
                    (A) in paragraph (5), by striking ``rule making'' 
                and inserting ``rulemaking'';
                    (B) in paragraph (6), by striking ``rule making'' 
                and inserting ``rulemaking'';
                    (C) in paragraph (13), by striking ``and'' at the 
                end;
                    (D) in paragraph (14), by striking the period at 
                the end and inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(15) `major rule' means any rule that the Administrator 
        determines has resulted in or is likely to result in--
                    ``(A) an annual effect on the economy of 
                $100,000,000 or more, adjusted at least every 5 years 
                to reflect increases in the Consumer Price Index for 
                All Urban Consumers, as published by the Bureau of 
                Labor Statistics of the Department of Labor;
                    ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, 
                local, or tribal government agencies, or geographic 
                regions; or
                    ``(C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, 
                public health and safety, or the environment;
            ``(16) `Office of Information and Regulatory Affairs' means 
        the office established under section 3503 of title 44 and any 
        successor to that office; and
            ``(17) `Administrator' means the Administrator of the 
        Office of Information and Regulatory Affairs.''; and
            (2) in section 804, by striking paragraph (2) and inserting 
        the following:
            ``(2) The term `major rule' has the meaning given the term 
        in section 551.''.

SEC. 103. RULEMAKING.

    Section 553 of title 5, United States Code, is amended--
            (1) in the section heading, by striking ``Rule making'' and 
        inserting ``Rulemaking'';
            (2) in subsection (a), by striking ``(a) This section 
        applies'' and inserting the following:
    ``(a) Applicability.--This section applies''; and
            (3) by striking subsections (b) through (e) and inserting 
        the following:
    ``(b) Rulemaking Considerations.--In a rulemaking, an agency shall 
consider, in addition to other applicable considerations, the 
following:
            ``(1) The legal authority under which a rule may be 
        proposed, including whether rulemaking is required by statute 
        or is within the discretion of the agency.
            ``(2) The nature and significance of the problem the agency 
        intends to address with a rule.
            ``(3) Whether existing rules have created or contributed to 
        the problem the agency may address with a rule and, if so, 
        whether those rules could be amended or rescinded to address 
        the problem in whole or in part.
    ``(c) Initiation of Rulemaking for Major Rules.--
            ``(1) Notice for major rules.--When an agency determines to 
        initiate a rulemaking that may result in a major rule, the 
        agency shall--
                    ``(A) establish an electronic docket for that 
                rulemaking, which may have a physical counterpart; and
                    ``(B) publish a notice of initiation of rulemaking 
                in the Federal Register, which shall--
                            ``(i) briefly describe the subject, the 
                        problem to be solved, and the objectives of the 
                        rule;
                            ``(ii) reference the legal authority under 
                        which the rule would be proposed; and
                            ``(iii) indicate how interested persons may 
                        submit written material for the docket.
            ``(2) Accessibility.--All material submitted to an agency 
        under paragraph (1)(B)(iii) shall be made accessible to the 
        public and promptly placed in the docket required under 
        paragraph (1), except with respect to material that is exempt 
        from disclosure under section 552(b).
            ``(3) Timetable.--
                    ``(A) In general.--With respect to a rulemaking for 
                a major rule, the agency proposing the rule shall 
                establish a timetable for the rulemaking that--
                            ``(i) includes intermediate and final 
                        completion dates for actions of the agency; and
                            ``(ii) shall be published in the electronic 
                        docket.
                    ``(B) Consideration of factors.--In establishing 
                the timetable required under subparagraph (A), an 
                agency shall consider relevant factors, including--
                            ``(i) the size and complexity of the 
                        rulemaking;
                            ``(ii) the resources available to the 
                        agency;
                            ``(iii) any mandatory judicial orders 
                        governing the timing of the rulemaking;
                            ``(iv) the national significance of the 
                        rulemaking; and
                            ``(v) all mandatory statutory requirements 
                        that govern the timing of the rulemaking.
                    ``(C) Report required.--
                            ``(i) In general.--An agency that fails to 
                        meet an intermediate or final completion date 
                        for action established under subparagraph (A) 
                        shall submit to the appropriate congressional 
                        committees with jurisdiction over the agency 
                        and the Director of the Office of Management 
                        and Budget a report regarding why the agency 
                        failed to meet the completion date.
                            ``(ii) Contents; publication in federal 
                        register.--A report submitted under clause (i) 
                        shall--
                                    ``(I) include an amended timetable 
                                for the rulemaking; and
                                    ``(II) be published--
                                            ``(aa) in the Federal 
                                        Register; and
                                            ``(bb) on the publicly 
                                        available website of the 
                                        Federal Register.
    ``(d) Notice of Proposed Rulemaking.--
            ``(1) In general.--If an agency determines to issue a rule, 
        the agency shall--
                    ``(A) establish an electronic docket for that 
                rulemaking, which may have a physical counterpart;
                    ``(B) notify the Administrator; and
                    ``(C) publish a notice of proposed rulemaking in 
                the Federal Register, which shall include--
                            ``(i) if applicable, a statement of the 
                        time, place, and nature of any public 
                        rulemaking proceedings;
                            ``(ii) a reference to the legal authority 
                        under which the rule is proposed;
                            ``(iii) the text of the proposed rule;
                            ``(iv) a summary of information known to 
                        the agency concerning the considerations 
                        described in subsection (b);
                            ``(v) a reasoned preliminary explanation 
                        regarding how the proposed rule meets the 
                        statutory objectives; and
                            ``(vi) if applicable, a completed 
                        Regulatory Transparency Form as described in 
                        subsection (j).
            ``(2) Public comment.--
                    ``(A) In general.--After publishing a notice of 
                proposed rulemaking, an agency shall provide interested 
                persons an opportunity to participate in the rulemaking 
                through the submission of written material, data, 
                views, or arguments with or without opportunity for 
                oral presentation.
                    ``(B) Timeline.--An agency shall provide not less 
                than 30 days, or, with respect to a proposed major 
                rule, not less than 90 days, for interested persons to 
                submit written material, data, views, or arguments.
                    ``(C) Publication in docket.--All material 
                submitted under this paragraph shall be made accessible 
                to the public and promptly placed in the docket 
                required under paragraph (1)(A) for the rule, except 
                with respect to material that is exempt from disclosure 
                under section 552(b).
            ``(3) Change of classification after publication of 
        notice.--If, after an agency submits the notification and 
        publishes the notice required under paragraph (1), a proposed 
        rule is determined to be a major rule, the agency shall--
                    ``(A) publish a notice in the Federal Register with 
                respect to the change of the classification of the 
                rule; and
                    ``(B) allow interested persons an additional 
                opportunity of the greater of an additional 30 days or 
                a total of 90 days, including the original comment 
                period for the rule, to comment on--
                            ``(i) the rule; and
                            ``(ii) the change of the classification of 
                        the rule.
    ``(e) Final Rules.--When an agency adopts a final rule, the agency 
shall publish a notice of final rulemaking in the Federal Register, 
which shall include--
            ``(1) a concise, general statement of the basis and purpose 
        of the rule;
            ``(2) a reasoned determination by the agency regarding the 
        considerations described in subsection (b);
            ``(3) with respect to a major rule--
                    ``(A) a reasoned determination by the agency that 
                the rule fulfills the statutory objectives;
                    ``(B) the framework for assessing the major rule, 
                as described in subsection (i); and
                    ``(C) if applicable, a completed Regulatory 
                Transparency Form as described in subsection (j); and
            ``(4) a response to each significant issue raised in the 
        comments on the proposed rule.
    ``(f) Exemptions.--
            ``(1) Good cause.--
                    ``(A) In general.--If an agency for good cause 
                finds that compliance with subsection (c), (d), or (e) 
                before issuing a final rule is unnecessary, 
                impracticable, or contrary to the public interest, that 
                subsection shall not apply and the agency may issue the 
                final rule.
                    ``(B) Incorporation of good cause finding.--If an 
                agency makes a finding under subparagraph (A), the 
                agency shall include that finding and a brief statement 
                with respect to the reasons for that finding in the 
                final rule issued by the agency.
            ``(2) Other rules and statements of policy.--Except as 
        otherwise required by law, this section shall not apply to 
        general statements of policy or rules of agency organization, 
        procedure, or practice.
            ``(3) Interim rules.--
                    ``(A) In general.--If an agency for good cause 
                finds, and incorporates the finding and a brief 
                statement of reasons for the finding in the rule 
                issued, that compliance with subsections (c), (d), and 
                (e) before the issuance of an interim rule is 
                unnecessary, such subsections shall not apply and the 
                agency may issue an interim rule.
                    ``(B) Impracticability.--If an agency for good 
                cause finds, and incorporates the finding and a brief 
                statement of reasons for the finding in the rule 
                issued, that compliance with subsections (c), (d), and 
                (e) before the issuance of an interim rule is 
                impracticable or contrary to the public interest, such 
                subsections shall not apply to the adoption of an 
                interim rule by the agency.
                    ``(C) Procedures for adopting interim major rule.--
                            ``(i) In general.--If, after complying with 
                        subparagraph (A) or (B), an agency adopts an 
                        interim rule, the agency shall commence 
                        proceedings that comply with subsections (c), 
                        (d), and (e) immediately upon publication of 
                        the interim rule.
                            ``(ii) Timeline.--Beginning on the date 
                        that is 270 days after the date on which an 
                        agency adopts an interim major rule, the 
                        interim major rule shall have no force or 
                        effect if the agency does not--
                                    ``(I) rescind the interim major 
                                rule;
                                    ``(II) initiate rulemaking in 
                                accordance with subsections (c), (d), 
                                and (e); or
                                    ``(III) take final action to adopt 
                                a final major rule.
            ``(4) Monetary policy.--This section shall not apply to any 
        rulemaking or guidance that concerns monetary policy proposed 
        or implemented by the Board of Governors of the Federal Reserve 
        System or the Federal Open Market Committee.
    ``(g) Date of Publication of Rule.--A final substantive rule shall 
be published in the Federal Register not later than 30 days or, in the 
case of a major rule, 60 days, before the effective date of the rule, 
except as otherwise provided by an agency for good cause and as 
published with the rule.
    ``(h) Right To Petition and Review of Rules.--Each agency shall--
            ``(1) give interested persons the right to petition for the 
        issuance, amendment, or repeal of a rule; and
            ``(2) on a continuing basis, permit interested persons to 
        submit, by electronic means, suggestions for rules that warrant 
        retrospective review and possible modification or repeal.
    ``(i) Major Rule Frameworks.--
            ``(1) In general.--Beginning on the date that is 180 days 
        after the date of enactment of this subsection, when an agency 
        publishes in the Federal Register--
                    ``(A) a proposed major rule, the agency shall 
                include a potential framework for assessing the rule, 
                which shall include a general statement of how the 
                agency intends to measure how well the rule meets the 
                regulatory objectives of the rule; or
                    ``(B) a final major rule, the agency shall include 
                a framework for assessing the rule under paragraph (2), 
                which shall include--
                            ``(i) a clear statement of the regulatory 
                        objectives of the rule, including a summary of 
                        the benefit and cost of the rule to the extent 
                        the costs and benefits of the rule were 
                        analyzed;
                            ``(ii) the methodology by which the agency 
                        plans to analyze the rule, including metrics by 
                        which the agency would measure--
                                    ``(I) the extent to which the rule 
                                is meeting the regulatory and statutory 
                                objectives of the rule;
                                    ``(II) the benefits achieved by the 
                                rule; and
                                    ``(III) the impacts, including any 
                                costs, of the rule on regulated 
                                entities and other impacted entities;
                            ``(iii) a plan for gathering data regarding 
                        the metrics and requirements for regulated 
                        entities to submit data described in clause 
                        (ii) on an ongoing basis, or at periodic times, 
                        including a method by which the agency will 
                        invite the public to participate in the review 
                        process and seek input from other agencies; and
                            ``(iv) a specific timeframe, as appropriate 
                        to the rule and not more than 10 years after 
                        the effective date of the rule, under which the 
                        agency shall conduct the assessment of the rule 
                        in accordance with paragraph (2)(A).
            ``(2) Assessment.--
                    ``(A) In general.--Each agency shall assess the 
                data collected under paragraph (1)(B)(iii), using the 
                methodology set forth in paragraph (1)(B)(ii) or any 
                other appropriate methodology developed after the 
                issuance of a final major rule to better determine 
                whether the regulatory objective was achieved, with 
                respect to the rule--
                            ``(i) to analyze how the actual benefits 
                        and costs of the rule may have varied from 
                        those anticipated at the time the rule was 
                        issued; and
                            ``(ii) to determine whether--
                                    ``(I) the rule is accomplishing the 
                                regulatory objective of the rule;
                                    ``(II) the rule has been rendered 
                                unnecessary, taking into 
                                consideration--
                                            ``(aa) changes in the 
                                        subject area affected by the 
                                        rule; and
                                            ``(bb) whether the rule 
                                        overlaps with or duplicates--

                                                    ``(AA) other rules; 
                                                or

                                                    ``(BB) to the 
                                                extent feasible, State 
                                                and local government 
                                                regulations;

                                    ``(III) the rule needs to be 
                                modified in order to accomplish the 
                                regulatory objective;
                                    ``(IV) other alternatives to the 
                                rule or modification of the rule could 
                                better achieve the regulatory objective 
                                while maximizing net benefits; and
                                    ``(V) an additional assessment of 
                                the rule in accordance with this 
                                subparagraph is appropriate at a 
                                specific time during the 10-year period 
                                following completion of the assessment.
                    ``(B) Different methodology.--If an agency uses a 
                methodology other than the methodology under paragraph 
                (1)(B)(ii) to assess data under subparagraph (A), the 
                agency shall include as part of the notice required to 
                be published under subparagraph (C) an explanation of 
                the changes in circumstances that warranted the use of 
                that other methodology.
                    ``(C) Publication.--Not later than 180 days after 
                the date on which an agency completes an assessment of 
                a major rule under subparagraph (A), the agency shall 
                publish a notice of availability of the results of the 
                assessment in the Federal Register, including the 
                specific time for any subsequent assessment of the rule 
                under subparagraph (C)(i), if applicable.
            ``(3) OIRA oversight.--The Administrator shall--
                    ``(A) issue guidance, based on models developed by 
                the National Academy for Public Administration under 
                the Cost-Benefit Analysis Improvement Act of 2017 for 
                agencies regarding the development of the framework 
                under paragraph (1) and the conduct of the assessments 
                under paragraph (2)(A);
                    ``(B) oversee the timely compliance of agencies 
                with this subsection;
                    ``(C) ensure that the results of each assessment 
                conducted under paragraph (2)(A) are--
                            ``(i) published promptly on a centralized 
                        Federal website; and
                            ``(ii) noticed in the Federal Register in 
                        accordance with paragraph (2)(D);
                    ``(D) encourage and assist agencies to streamline 
                and coordinate the assessment of major rules with 
                similar or related regulatory objectives;
                    ``(E) exempt an agency from including the framework 
                required under paragraph (1)(B) when publishing a final 
                major rule if the Administrator determines that 
                compliance with paragraph (1)(B) is unnecessary, 
                impracticable, or contrary to the public interest; and
                    ``(F) extend the deadline specified by an agency 
                for an assessment of a major rule under paragraph 
                (1)(B)(iv) or paragraph (2)(C)(i)(I) for a period of 
                not more than 90 days if the agency justifies why the 
                agency is unable to complete the assessment by that 
                deadline.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to affect--
                    ``(A) the authority of an agency to assess or 
                modify a major rule of the agency earlier than the end 
                of the timeframe specified for the rule under paragraph 
                (1)(B)(iv); or
                    ``(B) any other provision of law that requires an 
                agency to conduct retrospective reviews of rules issued 
                by the agency.
            ``(5) Applicability.--
                    ``(A) In general.--This subsection shall not apply 
                to--
                            ``(i) a major rule of an agency--
                                    ``(I) that was issued before the 
                                date of enactment of this subsection;
                                    ``(II) that the Administrator 
                                reviewed before the date of enactment 
                                of this subsection;
                                    ``(III) for which the agency is 
                                required to conduct a retrospective 
                                review under any other provision of law 
                                that meets or exceeds the requirements 
                                of this subsection, as determined by 
                                the Administrator; or
                                    ``(IV) for which the authorizing 
                                statute is subject to periodic 
                                reauthorization by Congress not less 
                                frequently than once every 10 years;
                            ``(ii) interpretative rules, general 
                        statements of policy, or rules of agency 
                        organization, procedure, or practice;
                            ``(iii) routine and administrative rules; 
                        or
                            ``(iv) a rule that is subject to review 
                        under section 2222 of the Economic Growth and 
                        Regulatory Paperwork Reduction Act of 1996 (12 
                        U.S.C. 3311).
                    ``(B) Direct and interim final major rule.--In the 
                case of a major rule of an agency for which the agency 
                is not required to issue a notice of proposed 
                rulemaking in response to an emergency or a statutorily 
                imposed deadline, the agency shall publish the 
                framework required under paragraph (1)(B) in the 
                Federal Register not later than 180 days after the date 
                on which the agency publishes the rule.
            ``(6) Recommendations to congress.--If, under an assessment 
        conducted under paragraph (2), an agency determines that a 
        major rule should be modified or repealed, the agency may 
        submit to Congress recommendations for legislation to amend 
        applicable provisions of law if the agency is prohibited from 
        modifying or repealing the rule under another provision of law.
            ``(7) Judicial review.--
                    ``(A) In general.--Judicial review of agency 
                compliance with this subsection is limited to whether 
                an agency--
                            ``(i) published the framework for 
                        assessment of a major rule under paragraph (1); 
                        or
                            ``(ii) completed and published the required 
                        assessment of a major rule under subparagraphs 
                        (A) and (D) of paragraph (2).
                    ``(B) Remedy available.--In granting relief in an 
                action brought under subparagraph (A), a court may only 
                issue an order remanding the major rule, as applicable, 
                to the agency to comply with paragraph (1) or 
                subparagraph (A) or (D) of paragraph (2), as 
                applicable.
                    ``(C) Effective date of major rule.--If, in an 
                action brought under subparagraph (A)(i), a court 
                determines that the agency did not comply, the major 
                rule, as applicable, shall take effect notwithstanding 
                any order issued by the court.
                    ``(D) Administrator.--Any determination, action, or 
                inaction of the Administrator under this subsection 
                shall not be subject to judicial review.
    ``(j) Uniform Regulatory Transparency Form.--
            ``(1) Establishment.--Not later than 120 days after the 
        date of enactment of this subsection, the Administrator shall 
        establish a single, uniform regulatory impact analysis 
        disclosure form titled the `Regulatory Transparency Form' for 
        each major rule under this section for which the agency 
        conducts a cost-benefit analysis.
            ``(2) Purpose.--The purpose of the Regulatory Transparency 
        Form shall be to increase transparency in the rulemaking 
        process by providing information regarding the assessment of 
        costs, benefits, risks, and uncertainties by an agency using 
        readily understandable and consistent language.
            ``(3) Content.--The Regulatory Transparency Form shall--
                    ``(A) utilize an easily-readable typeface and font, 
                not to exceed a single page front and back; and
                    ``(B) include, with respect to a proposed or final 
                major rule--
                            ``(i) total undiscounted monetized costs 
                        and benefits;
                            ``(ii) total monetized costs and benefits 
                        discounted at not less than 3 appropriate 
                        discount rates;
                            ``(iii) an estimate of the degree of 
                        certainty for all monetized undiscounted and 
                        discounted costs and benefits;
                            ``(iv) a list of all non-monetized costs 
                        and benefits; and
                            ``(v) any other information as determined 
                        by the Administrator.
            ``(4) Implementation.--
                    ``(A) In general.--The Administrator shall--
                            ``(i) develop and coordinate the 
                        implementation of the Regulatory Transparency 
                        Form;
                            ``(ii) issue guidelines for agencies to 
                        follow when completing the Regulatory 
                        Transparency Form; and
                            ``(iii) provide direction to Executive 
                        agencies (as defined in section 105) with 
                        respect to the requirements of this subsection.
                    ``(B) Updates.--To ensure that agencies use the 
                best available techniques to quantify and evaluate 
                anticipated present and future benefits, costs, other 
                economic issues, and risks as accurately as possible in 
                the Regulatory Transparency Form, the Administrator 
                shall periodically update any rules, policies, 
                procedures, and guidelines established under 
                subparagraph (A).
            ``(5) Rule of construction.--Nothing in this subsection 
        shall be construed to require an agency to conduct an analysis 
        of the benefits and costs of a proposed rule for which there 
        was no requirement to conduct such an analysis.''.

           TITLE II--PILOT COMMISSION ON RETROSPECTIVE REVIEW

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Pilot Retrospective Review 
Commission Act of 2017''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Commission.--The term ``Commission'' means the Pilot 
        Regulatory Review Commission established under section 203.
            (2) Covered regulation.--The term ``covered regulation'' 
        means a regulation impacting the transportation sector that has 
        been in effect for not less than 10 years before the date on 
        which the Commission is established.
            (3) Covered regulatory agency.--The term ``covered 
        regulatory agency'' means an agency, as defined in section 3502 
        of title 44, United States Code, that has the authority to 
        issue a regulation that impacts the transportation sector.
            (4) Regulation.--The term ``regulation'' means a rule, as 
        defined in section 551 of title 5, United States Code.

SEC. 203. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established in the legislative branch 
a commission to be known as the ``Pilot Regulatory Review Commission''.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 12 
        members, of whom--
                    (A) 3 members shall be appointed by the majority 
                leader of the Senate;
                    (B) 3 members shall be appointed by the minority 
                leader of the Senate;
                    (C) 3 members shall be appointed by the Speaker of 
                the House of Representatives; and
                    (D) 3 members shall be appointed by the minority 
                leader of the House of Representatives.
            (2) Date.--The appointment of the members of the Commission 
        shall be made not later than 60 days after the date of 
        enactment of this Act.
            (3) Qualifications.--Members appointed to the Commission 
        shall be citizens of the United States with a significant depth 
        of experience and responsibilities in matters relating to 
        regulation of the transportation sector, government service, 
        regulatory policy, economics, science, Federal agency 
        management, public administration, and law.
            (4) Chair.--At the first meeting of the Commission, a 
        majority of the members of the Commission present and voting 
        shall elect the Chair of the Commission.
    (c) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect the powers of the Commission, but shall be filled in the same 
manner as the original appointment.
    (d) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold the first meeting of the Commission.
    (e) Meetings.--The Commission shall meet at the call of the Chair 
and shall be open to the public.
    (f) Quorum.--Eight members of the Commission shall constitute a 
quorum, but a lesser number of members may hold hearings.
    (g) Nonapplicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.
    (h) Applicability of Certain Ethics Rules.--Members of the 
Commission shall be considered special Government employees, as defined 
in section 202 of title 18, United States Code.

SEC. 204. DUTIES OF THE COMMISSION.

    (a) Purpose.--The purpose of the Commission is to evaluate and 
provide recommendations for modification, consolidation, or repeal of 
covered regulations with the aim of streamlining regulatory compliance 
by reducing compliance costs, encouraging growth and innovation, and 
improving competitiveness while continuing to protect public health and 
safety and maximize net public benefit.
    (b) Requirements.--In carrying out subsection (a), the Commission 
shall--
            (1) give consideration in its analysis of covered 
        regulations to those that--
                    (A) impose disproportionately high costs on a small 
                entity (as defined in section 601 of title 5, United 
                States Code);
                    (B) create substantial recurring paperwork burdens 
                or transaction costs;
                    (C) could better meet regulatory objectives; or
                    (D) overlap, duplicate, or conflict with other 
                Federal, State, or local law;
            (2) solicit and review comments from the public on the 
        covered regulations described in this section; and
            (3) develop a set of covered regulations to recommend be 
        modified, consolidated, or repealed to be submitted to agencies 
        for agency and congressional review in accordance with 
        subsection (i).
    (c) Public Comments.--
            (1) In general.--Not later than 60 days after the date of 
        the initial meeting of the Commission, the Commission shall 
        initiate a public comment period of not less than 120 days to 
        solicit and collect written recommendations from the general 
        public, interested parties, Federal agencies, and other 
        relevant entities regarding which covered regulations should be 
        examined.
            (2) Review and publication.--At the end of the period for 
        the submission of recommendations under this subsection, the 
        commission shall review all submitted recommendations and all 
        recommendations shall be published on the website of the 
        Commission and summarized in the Federal Register.
    (d) Commission Outreach.--During the public comment period 
described in subsection (c), the Commission shall conduct public 
outreach to better inform the members of the Commission of the interest 
of the public and possible contributions to the work of the Commission.
    (e) Examination of Regulations and Initial Report.--
            (1) Process for examination.--In examining covered 
        regulations under this section, the Commission shall determine 
        the progress of each covered regulation in achieving the stated 
        policy goals, by using multiple resources, to the extent 
        practicable, including--
                    (A) quantitative metrics analyzing the costs and 
                benefits of the covered regulation;
                    (B) a qualitative description of the costs and 
                benefits of the covered regulation;
                    (C) testimony from agency and outside experts and 
                impacted communities; and
                    (D) research from the staff of the Commission.
            (2) Deadline.--Not later than 2 years after the date on 
        which the Commission convenes under section 203(d), the 
        Commission shall complete an examination of covered regulations 
        and publish a report, which shall be approved by not fewer than 
        8 members of the Commission, and include--
                    (A) the findings and conclusions of the Commission 
                for the improvement of covered regulations examined by 
                the Commission; and
                    (B) a list of recommendations for changes to the 
                covered regulations examined by the Commission, which 
                may include recommendations for modification, 
                consolidation, or repeal of such covered regulations;
                    (C) a list of any recommended statutory changes for 
                Congress to consider; and
                    (D) to the extent possible, the estimated cost or 
                savings associated with each recommendation.
            (3) Public comment period.--During the 90-day period 
        beginning on the date on which the report required under 
        paragraph (2) is published, the Commission shall--
                    (A) solicit comments from the public on such 
                report, using the same process established under 
                subsection (c); and
                    (B) publish any comments received under 
                subparagraph (A) on the website of the Commission and 
                summarize the comments in the Federal Register.
    (f) Final Report.--
            (1) In general.--Not later than 180 days after the date on 
        which the 90-day period described in subsection (e)(3) ends, 
        the Commission shall--
                    (A) review any comments received under subsection 
                (e)(3);
                    (B) incorporate any relevant comments received 
                under subsection (e)(3) into the report; and
                    (C) submit the revised report to Congress and the 
                head of each covered regulatory agency.
            (2) Review by agency.--Not later than 180 days after the 
        date on which a revised report is submitted under paragraph 
        (1)(C), the head of each covered regulatory agency shall--
                    (A) conduct a review of the relevant 
                recommendations in the report; and
                    (B) submit a report to the appropriate committees 
                of Congress on the review conducted under subparagraph 
                (A), which shall include--
                            (i) an explanation of which recommendations 
                        the head of the agency approves of and 
                        disapproves of; and
                            (ii) a timeline for implementation of the 
                        recommendations approved by the head of the 
                        agency under clause (i).

SEC. 205. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out this title.
    (b) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (c) Space for Use of Commission.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Administrator of General Services 
        shall support on a reimbursable basis the operations of the 
        Commission, including the identification of suitable space to 
        house the Commission.
            (2) Lease.--If the Administrator is not able to make such 
        suitable space available within the 60-day period described in 
        paragraph (1), the Commission shall lease space to the extent 
        that funds are available.

SEC. 206. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission shall 
be compensated at a rate equal to the daily equivalent of the annual 
rate of basic pay prescribed for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code, for each day 
(including travel time) during which such member is engaged in the 
performance of the duties of the Commission.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (c) Staff.--The Chair of the Commission may appoint and terminate 
an executive director and such other additional personnel as may be 
necessary to enable the Commission to perform its duties. The 
employment of an executive director shall be subject to confirmation by 
the Commission.
    (d) Procurement of Temporary and Intermittent Services.--The Chair 
of the Commission may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates for 
individuals which do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.
    (e) Contracting Authority.--The Commission may acquire 
administrative supplies and equipment for Commission use to the extent 
funds are available.
    (f) Administrative Support.--Upon the request of the Commission, 
the Administrator of General Services shall provide to the Commission, 
on a reimbursable basis, the administrative support services necessary 
for the Commission to carry out its responsibilities under this Act.

SEC. 207. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits the final report required under section 204(f).

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary to the Commission to carry out this title.
    (b) Availability.--Any sums appropriated under the authorization 
contained in this section shall remain available, without fiscal year 
limitation, until the termination of the Commission.

SEC. 209. GAO REPORT.

    Not later than 18 months after the date on which the Commission 
submits the final report required under section 204(f), the Government 
Accountability Office shall issue a report to Congress on the 
effectiveness of the final report on streamlining regulatory standards 
within the transportation sector and make a recommendation on what 
other sectors, if any, could be expected to benefit from a similar 
evaluation and report conducted by a commission.

              TITLE III--PLAIN WRITING ACT FOR REGULATIONS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Plain Writing Act for Regulations 
Act of 2017''.

SEC. 302. PURPOSE.

    The purpose of this title is to require that Federal regulations 
use plain writing, to enhance public understanding of regulations, and 
to increase the level of public participation in the rulemaking 
process.

SEC. 303. DEFINITIONS.

    In this title:
            (1) Agency.--The term ``agency''--
                    (A) means an Executive agency, as defined in 
                section 105 of title 5, United States Code; and
                    (B) does not include an agency that is required to 
                comply with section 722 of the Gramm-Leach-Bliley Act 
                (12 U.S.C. 4809).
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (3) Plain writing.--The term ``plain writing'' means 
        writing that is clear, concise, and well-organized, and follows 
        other best practices appropriate to the subject or field and 
        intended audience.
            (4) Regulation.--The term ``regulation'' means a rule, as 
        defined in section 551 of title 5, United States Code, that is 
        issued by an agency.
            (5) Rulemaking.--The term ``rulemaking'' has the meaning 
        given the term in section 551 of title 5, United States Code.

SEC. 304. RESPONSIBILITIES OF FEDERAL AGENCIES.

    (a) Preparation for Implementation of Plain Writing Requirements 
for Regulations.--
            (1) In general.--Not later than 9 months after the date of 
        enactment of this Act, the head of each agency shall--
                    (A) designate a senior official within the agency 
                to oversee the implementation of this title by the 
                agency;
                    (B) ensure that the obligation of the agency to use 
                plain writing in no way diminishes the ability of the 
                agency to perform scientific analyses or technical 
                analyses, or disclose scientific data or technical data 
                or any other findings, that are required to be 
                performed or disclosed under subchapter II of chapter 5 
                of title 5, United States Code, or any other provision 
                of law;
                    (C) communicate the requirements of this title to 
                the employees of the agency;
                    (D) train employees of the agency to write 
                regulations using plain writing;
                    (E) establish a process for overseeing the ongoing 
                compliance of the agency with the requirements of this 
                title; and
                    (F) designate an employee of the agency to serve as 
                a point of contact to receive and respond to public 
                input on--
                            (i) the implementation of this title by the 
                        agency; and
                            (ii) the agency reports required under 
                        section 306.
            (2) Individuals designated.--The individual designated 
        under subparagraph (A) or (F) of paragraph (1) may be the same 
        individual designated to carry out similar functions under the 
        Plain Writing Act of 2010 (5 U.S.C. 301 note).
    (b) Requirement To Use Plain Writing in New and Revised 
Regulations.--Not later than 12 months after the date of enactment of 
this Act, each agency shall use plain writing to the extent feasible 
and in accordance with the guidance issued by the Director under the 
Plain Writing Act of 2010 (5 U.S.C. 301 note) in each proposed or final 
regulation issued or substantially revised by the agency.
    (c) Certification of Compliance.--For each proposed or final 
regulation issued by an agency, the head of the agency shall certify to 
the Director that the rulemaking documents relating to the regulation 
use plain writing.
    (d) Exemption From Certain Information Collection Provisions.--An 
agency action to collect information from the public about a regulation 
is exempt from the information collection provisions of sections 
3506(c) and 3507 of title 44, United States Code, if the head of the 
agency certifies that the sole reason for the information collection is 
to improve the clarity of the regulation in accordance with this title.

SEC. 305. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT 
              AND BUDGET.

    (a) Guidance.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Director shall develop and issue 
        guidance on implementing the requirements of this title that 
        ensures that the head of each agency understands that the 
        obligation of the agency to use plain writing does not in any 
        way diminish the ability of the agency to perform scientific 
        analyses or technical analyses, or disclose scientific data or 
        technical data or any other findings, that are required to be 
        performed or disclosed by chapter 5 of title 5, United States 
        Code, or any other provision of law.
            (2) Lead agency and interagency working groups.--The 
        Director may designate a lead agency, and may use interagency 
        working groups to assist in developing and issuing the guidance 
        under paragraph (1).
    (b) Publication of Certifications.--The Director shall publish each 
certification required under section 304(c) on the official website of 
the Office of Management and Budget.

SEC. 306. REPORTS.

    (a) Initial Report.--Not later than 9 months after the date of 
enactment of this Act, the head of each agency shall publish on the 
plain writing section of the website of the agency created under the 
Plain Writing Act of 2010 (5 U.S.C. 301 note) a report that describes 
the agency plan for compliance with the requirements of this title.
    (b) Annual Compliance Report.--Not later than 18 months after the 
date of enactment of this Act, and annually thereafter, the head of 
each agency shall publish on the plain writing section of the website 
of the agency a report on the compliance of the agency with the 
requirements of this title.
    (c) GAO Report.--Not later than 18 months after the date of 
enactment of this Act, and annually thereafter, the Comptroller General 
of the United States shall submit a report to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Oversight and Government Reform of the House of Representatives that--
            (1) evaluates the extent to which regulations use plain 
        writing, by conducting a survey of different intended audiences 
        for a representative sample of major regulations that 
        measures--
                    (A) the level of comprehension of each respondent 
                for each regulation; and
                    (B) the satisfaction of each respondent with the 
                plain writing used in each regulation, focusing on 
                whether the regulation uses writing that is clear, 
                concise, and well-organized, and follows other best 
                practices appropriate to the subject or field and 
                intended audience of the regulation;
            (2) assesses the extent to which plain writing helped 
        increase the level of public participation in the rulemaking 
        process; and
            (3) provides recommendations to--
                    (A) improve compliance with the requirements of 
                this title; and
                    (B) better use plain writing to enhance public 
                understanding of regulations and increase public 
                participation in the rulemaking process.

SEC. 307. JUDICIAL REVIEW AND ENFORCEABILITY.

    (a) Judicial Review.--There shall be no judicial review of 
compliance or noncompliance with any provision of this title.
    (b) Enforceability.--No provision of this title may be construed to 
create any right or benefit, substantive or procedural, enforceable by 
any administrative or judicial action.

                      TITLE IV--OIRA TRANSPARENCY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Office of Information and 
Regulatory Affairs Transparency Act of 2017''.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of OIRA.
            (2) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (3) Covered individual.--The term ``covered individual'' 
        means--
                    (A) an individual who is not employed by the 
                Federal Government; or
                    (B) an individual who is--
                            (i) employed by the Federal Government; and
                            (ii) a representative of a Federal 
                        Government entity that may be regulated by a 
                        regulatory action under review by OIRA.
            (4) OIRA.--The term ``OIRA'' means the Office of 
        Information and Regulatory Affairs, as defined in section 551 
        of title 5, United States Code, as added by section 102 of this 
        Act.
            (5) Regulatory action.--The term ``regulatory action'' 
        means any substantive action by an agency that promulgates or 
        is expected to lead to the promulgation of a final rule, 
        including a notice of inquiry, an advanced notice of proposed 
        rulemaking, and a notice of proposed rulemaking.
            (6) Rule; rulemaking.--The terms ``rule'' and 
        ``rulemaking'' have the meanings given those terms in section 
        551 of title 5, United States Code.

SEC. 403. PURPOSE.

    The purpose of this title is to ensure greater openness, 
accessibility, and accountability in the regulatory review process.

SEC. 404. TRANSPARENCY.

    Except as otherwise provided by law or required by a court--
            (1) the Administrator shall--
                    (A) ensure that in all substantive communications 
                between OIRA personnel and covered individuals relating 
                to a regulatory action under review by OIRA--
                            (i) a representative from the agency 
                        issuing the regulatory action shall be invited 
                        to any meeting between OIRA personnel and any 
                        covered individual; and
                            (ii) all written communications, regardless 
                        of format, between OIRA personnel and covered 
                        individuals are forwarded to the agency issuing 
                        the regulatory action not later than 10 working 
                        days after receiving the date on which OIRA 
                        receives the written communication; and
                    (B) maintain a publicly available log that shall 
                contain, with respect to each regulatory action under 
                review by OIRA--
                            (i) the status of the regulatory action, 
                        including if input from the President or the 
                        Vice President was requested, and if so, when 
                        and by whom;
                            (ii) a log of all written communications 
                        forwarded to the agency issuing the regulatory 
                        action under subparagraph (A)(ii); and
                            (iii) information on each substantive oral 
                        communication between OIRA personnel and any 
                        covered individual, including meetings and 
                        telephone conversations, relating to the 
                        regulatory action, which shall include--
                                    (I) the name of each covered 
                                individual involved in the oral 
                                communication;
                                    (II) the date of the oral 
                                communication; and
                                    (III) a summary of all substantive 
                                matters discussed during the oral 
                                communication; and
            (2) after a final rule of an agency is published in the 
        Federal Register or otherwise issued to the public by an 
        agency, the agency shall--
                    (A) make available to the public the draft proposed 
                rule initially provided to OIRA for review;
                    (B) identify for the public the substantive changes 
                between the draft proposed rule submitted to OIRA and 
                the final rule; and
                    (C) identify for the public those changes in the 
                final rule that were made at the suggestion or 
                recommendation of OIRA.

               TITLE V--COST-BENEFIT ANALYSIS IMPROVEMENT

SEC. 501. SHORT TITLE.

    This title shall be cited as the ``Cost-Benefit Analysis 
Improvement Act of 2017''.

SEC. 502. DEFINITIONS.

    In this title:
            (1) Agency; major rule; rule; rulemaking.--The terms 
        ``agency'', ``major rule'', ``rule'', ``rulemaking'' have the 
        meanings given those terms in section 551 of title 5, United 
        States Code.
            (2) National academy.--The term ``National Academy'' means 
        the National Academy of Public Administration.

SEC. 503. COST-BENEFIT STUDY.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Administrator of General Services shall contract with 
the National Academy to publish a study of cost-benefit analyses to--
            (1) conduct a review of cost-benefit analyses to 
        determine--
                    (A) how effective the analyses were at anticipating 
                the costs, benefits, and other and impacts of major 
                rules;
                    (B) what improvements could be made to achieve more 
                accurate analyses going forward; and
                    (C) best practices for retrospective assessments of 
                rules to be used as a model framework in future 
                rulemakings as outlined under section 553(i) of title 
                5, United States Code, as added by section 103 of this 
                Act; and
            (2) issue the report required under subsection (c).
    (b) Scope of Study.--The study required under subsection (a)(1) 
shall--
            (1) review, based on recommendations from the public and 
        agencies, existing documentation as of the date of enactment of 
        this Act on the costs and benefits associated with 20 major 
        rules for which a cost-benefit analysis was conducted from 
        across the regulatory spectrum that have been in effect for not 
        less than 10 years;
            (2) with respect to each major rule reviewed in the study, 
        include a comparison of the cost-benefit analysis prepared by 
        the agency that promulgated the major rule with--
                    (A) an analysis of the criticism of the cost-
                benefit analysis by the proponents and opponents of the 
                major rule during the rulemaking;
                    (B) what opponents and proponents of the major rule 
                predicted would be the cost and benefits of the major 
                rule; and
                    (C) as of the date on which the study is conducted, 
                the cost and benefits of the implementation of the 
                major rule; and
            (3) review key factors for the accurate analysis of costs 
        and benefits and best practices for the retrospective 
        assessment of rules issued after the date of enactment of this 
        Act.
    (c) Report.--Not later than 18 months after the date on which the 
Administrator of General Services contracts with the National Academy 
under subsection (a), the National Academy shall submit to Congress and 
the President a report that contains--
            (1) the findings of the study conducted under subsection 
        (a)(1);
            (2) model frameworks for agency assessments under section 
        553(i) of title 5, United States Code; and
            (3) any recommendations the National Academy determines are 
        necessary or desirable.
                                 <all>