Section 1 Short title
This Act may be cited as the “Zero Based Regulations Act”.
Zero Based Regulations Act
A BILL
To require the review of promulgated agency regulations and prohibit rulemaking by agencies, and for other purposes.
Sec. 2 Definitions
In this Act:
Agency— The term agency has the meaning given that term in section 551 of title 5, United States Code.
Rule; regulation— The terms rule and regulation have the meaning given the term rule in section 551 of title 5, United States Code.
Sec. 3 Ongoing Review Process for Existing Rules
In general— Effective on the date of enactment of this Act, each agency shall conduct a review of each part of any title of the Code of Federal Regulations promulgated by the agency according to a schedule established by the Administrator of the Office of Information and Regulatory Affairs.
Schedule—
In general— The Administrator of the Office of Information and Regulatory Affairs shall annually develop a schedule of the parts of the Code of Federal Regulations that agencies shall review under subsection (a).
Volume of rules under review— In developing the review schedule required under paragraph (1), the Administrator of the Office of Information and Regulatory Affairs shall ensure that the volume of rules that are reviewed by agencies in any given year is such that the public can engage and provide meaningful input in any individual rulemaking, with approximately 20 percent of the total regulations of an agency subject to review each year.
Publication—
In general— The review schedule shall be published on the website of the Office of Information and Regulatory Affairs not later than January 1 of each year.
Code of Federal Regulations— The Director of the Federal Register shall publish on the cover sheet of each individual part in each new edition of the Code of Federal Regulations the date of any completed or scheduled review for that part.
Repeal of Rule Prior to Review— Prior to the date of a review pursuant to the schedule developed by the Administrator of the Office of Information and Regulatory Affairs under subsection (b), each agency shall repeal the part of the Code of Federal Regulations that is under review.
Retrospective analysis—
In general— Each agency shall perform a retrospective analysis of the part being reviewed to determine—
whether the goals of the rule are being achieved, based on the legislative intent articulated in the statute under which the rule was promulgated;
whether the goals of the rule justify the costs of the rule; and
whether there are less restrictive alternatives to accomplish the goals of the rule.
Process— The Administrator of the Office of Information and Regulatory Affairs shall—
develop a standardized process for the required retrospective analysis; and
publish the process on the website of the Office of Information and Regulatory Affairs not later than 180 days after the date of enactment of this Act.
Reinstatement of a rule—
In general— An agency seeking to reinstate a rule that has been repealed under subsection (c)—
shall promulgate a new rule in accordance with the provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”); and
shall not promulgate the rule without completing a retrospective analysis under subsection (d) of the original rule.
Notice of proposed rulemaking—
In general— An agency shall publish a notice of proposed rulemaking and hold, at minimum, 2 public hearings designed to maximize public participation in the rulemaking process.
Publication— The agency shall publish a copy of the retrospective analysis on the website of the agency prior to the date of the public hearings required under subparagraph (A).
Regulatory burden— A new rule promulgated by an agency under this subsection shall not impose more than 70 percent of the original estimated cost of the repealed version of the rule.
Sec. 4 Designation of administrative rules coordinator
Each agency head shall designate an officer within the office of the general counsel of the agency, to be known as the administrative rules coordinator, to oversee the implementation of this Act.
Sec. 5 Process for new or amended rules
In general— Except as provided in subsection (c), and subject to the requirements under subsection (d), effective on the date of enactment of this Act and ending on the last day of the fiscal year in which this Act is enacted, an agency may not conduct any new rulemaking action unless the following conditions are met:
The rulemaking is narrowly-tailored to achieve 1 or more of the following objectives:
To reduce or remove a regulatory burden.
To remove obsolete, outdated, or unnecessary regulations.
To comply with a new statutory requirement or court order.
To prevent a substantiated and well-documented threat to public health, peace, or safety.
At least 1 existing rule is repealed or significantly simplified in conjunction with the new or amended rule so that the net regulatory burden is decreased. Upon approval of the Director of the Office of Management and Budget, this condition shall not apply if the rulemaking is mandated by Federal law or by court order.
At least 1 public hearing is conducted.
The agency—
completes a cost-benefit analysis of the new or amended rule, using a standardized form developed by the Administrator of the Office of Information and Regulatory Affairs pursuant to subsection (b);
publishes such form on the website of the agency not later than 90 days after the date on which the review under subparagraph (A) begins; and
publishes a copy of the prospective analysis on the website of the agency.
OIRA forms— The Administrator of the Office of Information and Regulatory Affairs shall develop a standardized form to be distributed to agencies for the purpose of conducting a prospective analysis of new or amended regulations.
Exceptions— An agency may conduct a new rulemaking action during the period specified under subsection (a) if—
there is good cause for the rulemaking action under section 553(b)(B) of title 5, United States Code; or
the President waives the requirements under subsection (a).
Additional requirements—
Single rulemaking docket— All proposed amendments to an existing part of a title of the Code of Federal Regulations shall be contained in a single rulemaking docket and shall be published on regulations.gov, or a successor website.
Review—
In general— If the new rulemaking action results in a new part in the Code of Federal Regulations, the agency shall conduct the retrospective analysis described under section 3(d) on the new part not later than 5 years after the rule becomes final and every 5 years thereafter.
Publication of review date—
Cover sheet— The agency shall publish the agency review date for any completed or scheduled review on the cover sheet of each individual part.
Website— The Director of the Federal Register and the Director of the Government Publishing Office shall publish the agency review date for each completed and scheduled review on ecfr.gov, or a successor website.
Amendments— Effective on the date of enactment of this Act and ending on the last day of the fiscal year in which this Act is enacted, an agency shall, to the extent practicable, only amend regulations in conjunction with the reinstatement of those regulations under section 3(e).