I 

109TH CONGRESS 

1ST SESSION H. R. 3143 

To require agencies to review all major rules within 10 years after issuance, 

including a cost-benefit analysis using a standard government-wide methodology, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Mr. BARRETT of South Carolina (for himself, Mr. GINGREY, Mrs. MUSGRAVE, 

Mr. HOSTETTLER, Mr. BRADY of Texas, Mr. GARRETT of New Jersey, 

Mr. AKIN, Mr. WICKER, Mr. GOODE, Mr. KUHL of New York, Mr. MILLER of Florida, Mr. ISTOOK, Mr. CHOCOLA, Mr. WILSON of South Carolina, Mrs. CUBIN, Mr. FLAKE, Mr. BROWN of South Carolina, Mr. 

WELDON of Florida, Mr. PENCE, Mr. WAMP, Mr. GUTKNECHT, Mr. 

FEENEY, Mr. ROYCE, Mr. TERRY, Ms. HART, Mr. JONES of North Carolina, Mr. CHABOT, Mrs. MYRICK, Mr. CANTOR, Mr. ROHRABACHER, Mr. 

TANCREDO, Mr. BISHOP of Utah, Mr. MCHENRY, and Mr. SOUDER) introduced the following bill; which was referred to the Committee on Government Reform 

A BILL 

To require agencies to review all major rules within 10 

years after issuance, including a cost-benefit analysis 

using a standard government-wide methodology, 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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Major Regulation Cost 

3 Review Act of 2005’’. 

4 SEC. 2. REQUIREMENT FOR PERIODIC REVIEW OF ALL 

5 MAJOR RULES. 

6 (a) REQUIREMENT.—Chapter 6 of title 5, United 

7 States Code, is amended by inserting after section 610 the 

8 following new section: 

9 ‘‘§ 610a. Periodic review of major rules 

10 ‘‘(a) REQUIREMENT FOR REVIEW OF MAJOR

11 RULES.—Not later than 180 days after the date of the 

12 enactment of the Major Regulation Cost Review Act of 

13 2005, each agency shall publish in the Federal Register 

14 a plan for the periodic review of all the major rules issued 

15 by the agency. Such plan may be amended by the agency 

16 at any time by publishing the revision in the Federal Reg17 ister. 

18 ‘‘(b) PURPOSE OF REVIEW.—The purpose of the re19 view shall be to determine whether such rules should be 

20 continued without change, or should be amended or re21 scinded, consistent with the stated objectives of applicable 

22 statutes. 

23 ‘‘(c) REVIEW WITHIN FIVE YEARS.—The plan shall 

24 provide for the review of all such agency rules existing on 

25 the effective date of the Major Regulation Cost Review Act 

26 of 2005 within five years after that date and for the review 
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1 of such rules adopted after such effective date within five 

2 years after the publication of such rules as the final rule. 

3 If the head of the agency determines that completion of 

4 the review of existing rules is not feasible by the estab5 lished date, the head of the agency shall so certify in a 

6 statement published in the Federal Register and may ex7 tend the completion date by one year at a time for a total 

8 of not more than five years. 

9 ‘‘(d) FACTORS TO CONSIDER.—In reviewing major 

10 rules in a manner consistent with the stated objectives of 

11 applicable statutes, the agency shall consider the following 

12 factors: 

13 ‘‘(1) The continued need for the rule. 

14 ‘‘(2) The nature of complaints or comments re15 ceived concerning the rule from the public. 

16 ‘‘(3) The complexity of the rule. 

17 ‘‘(4) The extent to which the rule overlaps, du18 plicates, or conflicts with other Federal rules, and, 

19 to the extent feasible, with State and local govern20 mental rules. 

21 ‘‘(5) The length of time since the rule has been 

22 evaluated or the degree to which technology, eco23 nomic conditions, or other factors have changed in 

24 the area affected by the rule. 
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1 ‘‘(e) COST-BENEFIT ANALYSIS.—The review shall in2 clude a cost-benefit analysis of the rule, using the stand3 ard cost-benefit methodology included in Office of Man4 agement and Budget Circular A–4 (relating to regulatory 

5 analysis and issued September 17, 2003). The cost-benefit 

6 analysis shall include an identification and consideration 

7 of a range of less costly regulatory alternatives. 

8 ‘‘(f) PUBLICATION OF LIST OF RULES TO BE RE9 VIEWED.—Each year, each agency shall publish in the 

10 Federal Register a list of the major rules which are to 

11 be reviewed pursuant to this section during the succeeding 

12 12 months and which are to be included in the accounting 

13 statement and associated report submitted to Congress by 

14 the Director of the Office of Management and Budget 

15 under paragraph (4) of section 624(a) of the Treasury and 

16 General Government Appropriations Act, 2001 (as added 

17 by section 3 of the Major Regulation Cost Review Act of 

18 2005). The list shall include a brief description of each 

19 such major rule and the need for and legal basis of such 

20 rule, and shall invite public comment upon the rule. 

21 ‘‘(g) MAJOR RULE DEFINED.—In this section, the 

22 term ‘major rule’ has the meaning provided by section 804 

23 of this title.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 for chapter 6 of title 5, United States Code, is amended 
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1 by inserting after the item relating to section 610 the fol2 lowing new item: 

‘‘610a. Periodic review of major rules.’’. 

3 SEC. 3. REQUIREMENTS FOR OMB RELATING TO ANNUAL 

4 ACCOUNTING STATEMENT. 

5 (a) REQUIREMENT TO INCLUDE LIST OF RULES TO

6 BE REVIEWED IN ANNUAL ACCOUNTING STATEMENT.— 

7 Section 624(a) of the Treasury and General Government 

8 Appropriations Act, 2001 (as enacted into law by Public 

9 Law 106–554; 114 Stat. 2763A–161), is amended— 

10 (1) by striking ‘‘and’’ at the end of paragraph 

11 (2); 

12 (2) by striking the period at the end of para13 graph (3) and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(4) a list of the major rules which are to be 

17 reviewed by each agency, during the year following 

18 the year in which the statement and report are sub19 mitted, pursuant to section 610a of title 5, United 

20 States Code.’’. 

21 (b) REQUIREMENT TO USE AGENCY COST-BENEFIT

22 ESTIMATES IN ANNUAL ACCOUNTING STATEMENT.—Sec23 tion 624 of the Treasury and General Government Appro24 priations Act, 2001 (as enacted into law by Public Law 

25 106–554; 114 Stat. 2763A–161), is amended— 
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1 (1) by redesignating subsections (b), (c), and 

2 (d) as subsections (c), (d), and (e), respectively; and 

3 (2) by inserting after subsection (a) the fol4 lowing new subsection: 

5 ‘‘(b) USE OF AGENCY COST-BENEFIT ANALYSES RE6 QUIRED.—To carry out subsection (a), the Director of the 

7 Office of Management and Budget shall require each 

8 agency annually to submit to the Office of Management 

9 and Budget the cost-benefit analyses conducted under sec10 tion 610a of title 5, United States Code, for major rules 

11 of the agency during the preceding year.’’. 

Æ