I 

112TH CONGRESS 

1ST SESSION H. R. 3392 

To amend title 5, United States Code, to provide for periodic review of 

major rules, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 4, 2011 

Mr. QUAYLE (for himself, Mr. COBLE, Mr. ROSS of Florida, Mr. GOWDY, and 

Mr. GRIFFIN of Arkansas) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 5, United States Code, to provide for periodic 

review of major rules, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regulatory Review Act 

5 of 2011’’. 

6 SEC. 2. IN GENERAL. 

7 (a) Chapter 5 of title 5, United States Code, is 

8 amended by inserting after section 553 the following: 

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1 ‘‘§ 553a. Periodic review of major rules 

2 ‘‘(a) IDENTIFICATION OF MAJOR RULES.—On the 

3 date that is 6 months prior to the date that is 10 years 

4 after the date on which a rule takes effect, the Adminis5 trator of the Office of Information and Regulatory Affairs 

6 in the Office of Management and Budget shall submit to 

7 the agency that made that rule and to the Congress a de8 termination as to whether or not that rule is a major rule. 

9 ‘‘(b) REVIEW BY AGENCY.—If an agency receives a 

10 determination under subsection (a) that a rule is a major 

11 rule, the agency head shall, not later than 10 years after 

12 the date on which the rule takes effect and every 10 years 

13 thereafter, complete a review of that rule consistent with 

14 the following: 

15 ‘‘(1) The review shall identify the costs and 

16 benefits of the rule. 

17 ‘‘(2) The review shall identify each amendment 

18 to the rule that would accomplish the same statutory 

19 objectives but result in different costs and benefits. 

20 ‘‘(3) The review shall identify the costs and 

21 benefits of repealing the rule. 

22 ‘‘(c) PUBLICATION OF REVIEW.—Not later than 30 

23 days after the date that is 10 years after the date on which 

24 the rule takes effect, the agency shall publish in the Fed25 eral Register and submit to Congress a report summa26 rizing the results of the review under subsection (b), inmstockstill on DSK4VPTVN1PROD with BILLS

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1 cluding information on each set of costs and benefits iden2 tified pursuant to paragraphs (1) through (3) of sub3 section (b). 

4 ‘‘(d) COMMENT PHASE.—During the 90-day period 

5 beginning on the date that the report under subsection 

6 (c) is published, the agency shall give interested persons 

7 an opportunity to submit a comment on the review 

8 through submission of written data, views, or arguments 

9 with or without opportunity for oral presentation. 

10 ‘‘(e) FINAL DETERMINATION ON THE RULE.—After 

11 consideration of the relevant matter presented, the agency 

12 shall make a final determination on whether the rule 

13 should be amended, continue in effect without amendment, 

14 or be repealed, and not later than 30 days after the period 

15 described in subsection (d) expires, publish that final de16 termination in the Federal Register. That final determina17 tion shall be made as to whether there is a way to accom18 plish the objectives of the rule in a more effective, less 

19 burdensome, or less costly manner. 

20 ‘‘(f) REVIEW BY THE ADMINISTRATOR.—Each final 

21 determination by an agency under subsection (e) shall be 

22 reviewed by the Administrator not later than 30 days after 

23 the agency publishes that determination. If the Adminis24 trator determines that the agency determination with re25 gard to that rule does not result in an outcome that acmstockstill on DSK4VPTVN1PROD with BILLS

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1 complishes the objectives of the rule in a more effective, 

2 less burdensome, or less costly manner, then the Adminis3 trator shall notify the agency promptly and the Director 

4 of the Office of Management and Budget shall make a 

5 determination as to whether the agency determination 

6 should be revised. 

7 ‘‘(g) REPEALED RULES; AMENDED RULES.— 

8 ‘‘(1) REPEALED RULES.—If the agency deter9 mines that the rule should be repealed, the agency 

10 may establish a transition period of not more than 

11 6 months for the repeal of the rule. The rule shall 

12 cease to have effect beginning on the date that the 

13 transition period ends. 

14 ‘‘(2) AMENDED RULES.—If the agency deter15 mines that the rule should be amended, the agency 

16 shall, not later than 3 months after such determina17 tion is made, commence appropriate action in ac18 cordance with this chapter to make such amend19 ment. 

20 ‘‘(h) JUDICIAL REVIEW.—Notwithstanding any other 

21 provision of law, each determination by an agency under 

22 this section shall be subject to judicial review under chap23 ter 7. 

24 ‘‘(i) REPORT TO CONGRESS.—Not later than 30 days 

25 after the publication a final determination under submstockstill on DSK4VPTVN1PROD with BILLS

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1 section (e), the agency shall submit to Congress a report 

2 detailing that determination. 

3 ‘‘(j) DEFINITIONS.—For purposes of this section: 

4 ‘‘(1) The term ‘cost’ means, with respect to a 

5 rule, the cost of that rule, including direct, indirect, 

6 and cumulative costs and estimated impacts on jobs, 

7 economic growth, innovation, and economic competi8 tiveness, to each person who is significantly affected 

9 by the rule. 

10 ‘‘(2) The term ‘benefit’ means, with respect to 

11 a rule, the benefit of that rule, including direct, indi12 rect, and cumulative benefits and estimated impacts 

13 on jobs, economic growth, innovation, and economic 

14 competitiveness, to each person who is significantly 

15 affected by the rule. 

16 ‘‘(k) APPLICATION.—The provisions of this section 

17 shall apply only to rules that take effect during the period 

18 beginning on January 1, 2011.’’. 

19 (b) Section 551 of title 5, United States Code, is 

20 amended as follows: 

21 (1) In paragraph (13), by striking ‘‘and’’ at the 

22 end. 

23 (2) In paragraph (14), by striking the period at 

24 the end and inserting ‘‘; and’’. 

25 (3) By adding at the end the following: 

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1 ‘‘(15) ‘major rule’ has the meaning given such 

2 term in section 804.’’. 

3 (c) The table of sections for chapter 5 of title 5, 

4 United States Code, is amended by inserting after the 

5 entry relating to section 553 the following: 

‘‘553a. Periodic review of major rules.’’. 

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