[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1817 Reported in Senate (RS)]
<DOC>
Calendar No. 522
114th CONGRESS
2d Session
S. 1817
[Report No. 114-282]
To improve the effectiveness of major rules in accomplishing their
regulatory objectives by promoting retrospective review, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2015
Ms. Heitkamp (for herself, Mr. Lankford, Mr. Warner, Ms. Ayotte, and
Mrs. Ernst) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
June 20, 2016
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To improve the effectiveness of major rules in accomplishing their
regulatory objectives by promoting retrospective review, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Smarter Regulations Through
Advance Planning and Review Act of 2015'' or the ``Smarter Regs Act of
2015''.</DELETED>
<DELETED>SEC. 2. INCORPORATING RETROSPECTIVE REVIEW INTO NEW MAJOR
RULES.</DELETED>
<DELETED> (a) In General.--Subchapter II of chapter 5 of title 5,
United States Code, is amended--</DELETED>
<DELETED> (1) in section 551--</DELETED>
<DELETED> (A) in paragraph (13), by striking ``;
and'' and inserting a semicolon;</DELETED>
<DELETED> (B) in paragraph (14), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(15) `Administrator' means the Administrator of
the Office of Information and Regulatory Affairs of the Office
of Management and Budget; and</DELETED>
<DELETED> ``(16) `major rule' means any rule that the
Administrator finds has resulted in or is likely to result in--
</DELETED>
<DELETED> ``(A) an annual effect on the economy of
$100,000,000 or more;</DELETED>
<DELETED> ``(B) a major increase in costs or prices
for consumers, individual industries, Federal, State,
or local government agencies, or geographic regions;
or</DELETED>
<DELETED> ``(C) significant adverse effects on
competition, employment, investment, productivity,
innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises
in domestic and export markets.''; and</DELETED>
<DELETED> (2) in section 553, by adding at the end the
following:</DELETED>
<DELETED> ``(f) Regulation-Specific Frameworks.--</DELETED>
<DELETED> ``(1) In general.--Beginning 180 days after the
date of enactment of this subsection, when an agency publishes
a proposed or final major rule in the Federal Register, the
agency shall include a framework for reassessing the major rule
under paragraph (2), which shall include--</DELETED>
<DELETED> ``(A) a clear statement of the regulatory
objectives of the major rule, including the societal
benefit and cost of the major rule;</DELETED>
<DELETED> ``(B) the methodology by which the agency
plans to analyze the major rule, including metrics by
which the agency can measure--</DELETED>
<DELETED> ``(i) the effectiveness and
benefits of the major rule in producing the
regulatory objectives of the major rule;
and</DELETED>
<DELETED> ``(ii) the impacts, including any
costs, of the major rule on regulated
entities;</DELETED>
<DELETED> ``(C) a plan for gathering data regarding
the metrics described in subparagraph (B) on an ongoing
basis, or at periodic times, during the implementation
of the major rule, including the method by which the
agency will invite the public to participate in the
review process and seek input from other agencies,
taking into account any burden to the public in
supplying relevant data to agencies; and</DELETED>
<DELETED> ``(D) a specific time frame, as
appropriate to the major rule and not more than 10
years, under which the agency shall conduct the
reassessment of the major rule in accordance with
paragraph (2)(A).</DELETED>
<DELETED> ``(2) Reassessment.--</DELETED>
<DELETED> ``(A) In general.--Each agency shall
assess the data collected under paragraph (1)(C), using
the methodology set forth in paragraph (1)(B), with
respect to a major rule--</DELETED>
<DELETED> ``(i) to analyze how the actual
benefits and costs of the major rule may have
varied from those anticipated at the time the
major rule was issued; and</DELETED>
<DELETED> ``(ii) to determine whether--
</DELETED>
<DELETED> ``(I) the major rule is
accomplishing its regulatory
objective;</DELETED>
<DELETED> ``(II) the major rule has
been rendered unnecessary, taking into
consideration--</DELETED>
<DELETED> ``(aa) changes in
the subject area affected by
the major rule; and</DELETED>
<DELETED> ``(bb) whether the
major rule overlaps,
duplicates, or conflicts with
other rules or, to the extent
feasible, State and local
government regulations;
and</DELETED>
<DELETED> ``(III) other alternatives
to the major rule or modification of
the major rule could achieve better
results while imposing a smaller burden
on society or at a lower cost, taking
into consideration any cost already
incurred.</DELETED>
<DELETED> ``(B) Subsequent assessments.--If, after a
reassessment of a major rule under subparagraph (A), an
agency determines that the major rule will remain in
effect with or without modification, the agency shall--
</DELETED>
<DELETED> ``(i) determine a specific time,
as appropriate to the major rule and not more
than 10 years, under which the agency shall
conduct another assessment of the major rule in
accordance with subparagraph (A); and</DELETED>
<DELETED> ``(ii) if the assessment conducted
under clause (i) does not result in a repeal of
the major rule, periodically reassess the major
rule in accordance with subparagraph (A) to
ensure the major rule continues to meet the
regulatory objective.</DELETED>
<DELETED> ``(C) Publication.--Not later than 180
days after the date on which an agency completes a
reassessment of a major rule under subparagraph (A),
the agency shall publish a notice of availability of
the results of the reassessment in the Federal
Register, including the specific time for any
subsequent assessment of the major rule under
subparagraph (B)(i), if applicable.</DELETED>
<DELETED> ``(3) OMB oversight.--The Administrator shall--
</DELETED>
<DELETED> ``(A) issue guidance for agencies
regarding the development of the framework under
paragraph (1) and the conduct of the reassessments
under paragraph (2)(A);</DELETED>
<DELETED> ``(B) oversee the timely compliance of
agencies with this subsection; and</DELETED>
<DELETED> ``(C) ensure that the results of each
reassessment conducted under paragraph (2)(A) are--
</DELETED>
<DELETED> ``(i) published promptly on a
centralized Federal website; and</DELETED>
<DELETED> ``(ii) noticed in the Federal
Register in accordance with paragraph
(2)(C).</DELETED>
<DELETED> ``(4) Rule of construction.--Nothing in this
subsection shall be construed to affect--</DELETED>
<DELETED> ``(A) the authority of an agency to
reassess or modify a major rule of the agency earlier
than the end of the time frame specified for the major
rule under paragraph (1)(D); or</DELETED>
<DELETED> ``(B) any other provision of law that
requires an agency to conduct retrospective reviews of
rules issued by the agency.''.</DELETED>
<DELETED> (b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out the
amendments made by subsection (a).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smarter Regulations Through Advance
Planning and Review Act of 2015'' or the ``Smarter Regs Act of 2015''.
SEC. 2. INCORPORATING RETROSPECTIVE REVIEW INTO NEW MAJOR RULES.
(a) In General.--Subchapter II of chapter 5 of title 5, United
States Code, is amended--
(1) in section 551--
(A) in paragraph (13), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (14), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(15) `Administrator' means the Administrator of the
Office of Information and Regulatory Affairs of the Office of
Management and Budget; and
``(16) `major rule' means any rule that the Administrator
finds has resulted in or is likely to result in--
``(A) an annual effect on the economy of
$100,000,000 or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State, or
local government agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets.''; and
(2) in section 553, by adding at the end the following:
``(f) Major Rule Frameworks.--
``(1) In general.--Beginning 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 major
rule, which shall include a general statement of how
the agency intends to measure the effectiveness of the
major rule; or
``(B) a final major rule, the agency shall include
a framework for assessing the major rule under
paragraph (2), which shall include--
``(i) a clear statement of the regulatory
objectives of the major rule, including a
summary of the societal benefit and cost of the
major rule;
``(ii) the methodology by which the agency
plans to analyze the major rule, including
metrics by which the agency can measure--
``(I) the effectiveness and
benefits of the major rule in producing
the regulatory objectives of the major
rule; and
``(II) the impacts, including any
costs, of the major rule on regulated
and other impacted entities;
``(iii) a plan for gathering data regarding
the metrics 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 time frame, as
appropriate to the major rule and not more than
10 years after the effective date of the major
rule, under which the agency shall conduct the
assessment of the major 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 a major rule--
``(i) to analyze how the actual benefits
and costs of the major rule may have varied
from those anticipated at the time the major
rule was issued; and
``(ii) to determine whether--
``(I) the major rule is
accomplishing its regulatory objective;
``(II) the major rule has been
rendered unnecessary, taking into
consideration--
``(aa) changes in the
subject area affected by the
major rule; and
``(bb) whether the major
rule overlaps, duplicates, or
conflicts with other rules or,
to the extent feasible, State
and local government
regulations;
``(III) the major rule needs to be
strengthened in order to accomplish the
regulatory objective; and
``(IV) other alternatives to the
major rule or modification of the major
rule could better achieve the
regulatory objective while imposing a
smaller burden on society or increase
net benefits, taking into consideration
any cost already incurred.
``(B) Different methodology.--If an agency uses a
methodology other than the methodology set forth in
paragraph (1)(B)(ii) to assess data under subparagraph
(A), the agency shall include as part of the notice
required under subparagraph (D) an explanation of the
changes in circumstances that necessitated the use of
that other methodology.
``(C) Subsequent assessments.--
``(i) In general.--Except as provided in
clause (ii), if, after an assessment of a major
rule under subparagraph (A), an agency
determines that the major rule will remain in
effect with or without modification, the agency
shall--
``(I) determine a specific time
frame, as appropriate to the major rule
and not more than 10 years after the
effective date of the major rule, under
which the agency shall conduct another
assessment of the major rule in
accordance with subparagraph (A); and
``(II) if the assessment conducted
under subclause (I) does not result in
a repeal of the major rule,
periodically assess the major rule in
accordance with subparagraph (A) to
ensure the major rule continues to meet
the regulatory objective.
``(ii) Exemption.--The Administrator may
exempt an agency from conducting a subsequent
assessment of a major rule under clause (i) if
the Administrator determines that there is a
foreseeable and apparent need for the major
rule beyond the time frame required under
clause (i)(I).
``(D) 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 frame for any subsequent assessment of
the major rule under subparagraph (C)(i), if
applicable.
``(3) OMB oversight.--The Administrator shall--
``(A) issue guidance 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 agency did not issue a notice of
proposed rule making for the major rule in order to
provide a timely response to an emergency or comply
with a statutorily imposed deadline, in accordance with
paragraph (5)(B); 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 time frame specified for the major 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 the Administrator
reviewed before the date of enactment
of this subsection; or
``(II) 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;
``(ii) interpretative rules, general
statements of policy, or rules of agency
organization, procedure, or practice; or
``(iii) routine and administrative rules.
``(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 rule
making 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 6 months after the date
on which the agency publishes the final major rule.
``(6) Judicial review.--
``(A) In general.--Judicial review of agency
compliance with this subsection is limited to--
``(i) whether an agency published the
framework for assessment of a major rule in
accordance with paragraph (1); or
``(ii) whether an agency completed and
published the required assessment of a major
rule in accordance with subparagraphs (A) and
(D) of paragraph (2).
``(B) Remedy available.--In granting relief in an
action brought under subparagraph (A), the court may
only issue an order remanding the major rule 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 shall take effect notwithstanding any order issued
by the court.
``(D) Administrator.--Any determination, action, or
inaction of the Administrator shall not be subject to
judicial review.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the amendments
made by subsection (a).
Calendar No. 522
114th CONGRESS
2d Session
S. 1817
[Report No. 114-282]
_______________________________________________________________________
A BILL
To improve the effectiveness of major rules in accomplishing their
regulatory objectives by promoting retrospective review, and for other
purposes.
_______________________________________________________________________
June 20, 2016
Reported with an amendment