IIB 

115TH CONGRESS 

1ST SESSION H. R. 998 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2017 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To provide for the establishment of a process for the review 

of rules and sets of 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Searching for and Cut3 ting Regulations that are Unnecessarily Burdensome Act’’ 

4 or as the ‘‘SCRUB Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—RETROSPECTIVE REGULATORY REVIEW COMMISSION 

Sec. 101. In general. 

TITLE II—REGULATORY CUT-GO 

Sec. 201. Cut-go procedures. 

Sec. 202. Applicability. 

Sec. 203. OIRA certification of cost calculations. 

TITLE III—RETROSPECTIVE REVIEW OF NEW RULES 

Sec. 301. Plan for future review. 

TITLE IV—JUDICIAL REVIEW 

Sec. 401. Judicial review. 

TITLE V—MISCELLANEOUS PROVISIONS 

Sec. 501. Definitions. 

Sec. 502. Effective date. 

6 TITLE I—RETROSPECTIVE REGU7 LATORY REVIEW COMMIS8 SION 

9 SEC. 101. IN GENERAL. 

10 (a) ESTABLISHMENT.—There is established a com11 mission, to be known as the ‘‘Retrospective Regulatory Re12 view Commission’’, that shall review rules and sets of rules 

13 in accordance with specified criteria to determine if a rule 

14 or set of rules should be repealed to eliminate or reduce 

15 the costs of regulation to the economy. The Commission 


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1 shall terminate on the date that is 5 years and 180 days 

2 after the date of enactment of this Act or 5 years after 

3 the date by which all Commission members’ terms have 

4 commenced, whichever is later. 

5 (b) MEMBERSHIP.— 

6 (1) NUMBER.—The Commission shall be com7 posed of 9 members who shall be appointed by the 

8 President and confirmed by the Senate. Each mem9 ber shall be appointed not later than 180 days after 

10 the date of enactment of this Act. 

11 (2) TERM.—The term of each member shall 

12 commence upon the member’s confirmation by the 

13 Senate and shall extend to the date that is 5 years 

14 and 180 days after the date of enactment of this Act 

15 or that is 5 years after the date by which all mem16 bers have been confirmed by the Senate, whichever 

17 is later. 

18 (3) APPOINTMENT.—The members of the Com19 mission shall be appointed as follows: 

20 (A) CHAIR.—The President shall appoint 

21 as the Chair of the Commission an individual 

22 with expertise and experience in rulemaking, 

23 such as past Administrators of the Office of In24 formation and Regulatory Affairs, past chair25 men of the Administrative Conference of the 


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1 United States, and other individuals with simi2 lar expertise and experience in rulemaking af3 fairs and the administration of regulatory re4 views. 

5 (B) CANDIDATE LIST OF MEMBERS.—The 

6 Speaker of the House of Representatives, the 

7 Minority Leader of the House of Representa8 tives, the Majority Leader of the Senate, and 

9 the Minority Leader of the Senate shall each 

10 present to the President a list of candidates to 

11 be members of the Commission. Such can12 didates shall be individuals learned in rule13 making affairs and, preferably, administration 

14 of regulatory reviews. During the two-year pe15 riod prior to the inclusion of an individual on 

16 a list of candidates under this subparagraph, 

17 the individual may not have been a registered 

18 lobbyist under the Lobbying Disclosure Act of 

19 1995 (2 U.S.C. 1601 et seq.). The President 

20 shall appoint 2 members of the Commission 

21 from each list provided under this subpara22 graph, subject to the provisions of subpara23 graph (C). 

24 (C) RESUBMISSION OF CANDIDATE.—The 

25 President may request from the presenter of 


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1 the list under subparagraph (B) a new list of 

2 one or more candidates if the President— 

3 (i) determines that any candidate on 

4 the list presented pursuant to subpara5 graph (B) does not meet the qualifications 

6 specified in such subparagraph to be a 

7 member of the Commission; and 

8 (ii) certifies that determination to the 

9 congressional officials specified in subpara10 graph (B). 

11 (4) FINANCIAL DISCLOSURE REPORTS OF MEM12 BERS.—Each member of the Commission shall file 

13 the financial disclosure reports required under title 

14 I of the Ethics in Government Act of 1978 (5 

15 U.S.C. App.) in accordance with the requirements of 

16 such title. 

17 (c) POWERS AND AUTHORITIES OF THE COMMIS18 SION.— 

19 (1) MEETINGS.—The Commission may meet 

20 when, where, and as often as the Commission deter21 mines appropriate, except that the Commission shall 

22 hold public meetings not less than twice each year. 

23 All meetings of the Commission shall be open to the 

24 public. 


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1 (2) HEARINGS.—In addition to meetings held 

2 under paragraph (1), the Commission may hold 

3 hearings to consider issues of fact or law relevant to 

4 the Commission’s work. Any hearing held by the 

5 Commission shall be open to the public. 

6 (3) ACCESS TO INFORMATION.—The Commis7 sion may secure directly from any agency informa8 tion and documents necessary to enable the Commis9 sion to carry out this Act. Upon request of the Chair 

10 of the Commission, the head of that agency shall 

11 furnish that information or document to the Com12 mission as soon as possible, but not later than two 

13 weeks after the date on which the request was made. 

14 (4) SUBPOENAS.— 

15 (A) IN GENERAL.—The Commission may 

16 issue subpoenas requiring the attendance and 

17 testimony of witnesses and the production of 

18 any evidence relating to the duties of the Com19 mission. The attendance of witnesses and the 

20 production of evidence may be required from 

21 any place within the United States at any des22 ignated place of hearing within the United 

23 States. 

24 (B) FAILURE TO OBEY A SUBPOENA.—If a 

25 person refuses to obey a subpoena issued under 


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1 subparagraph (A), the Commission may apply 

2 to a United States district court for an order 

3 requiring that person to appear before the Com4 mission to give testimony, produce evidence, or 

5 both, relating to the matter under investigation. 

6 The application may be made within the judicial 

7 district where the hearing is conducted or where 

8 that person is found, resides, or transacts busi9 ness. Any failure to obey the order of the court 

10 may be punished by the court as civil contempt. 

11 (C) SERVICE OF SUBPOENAS.—The sub12 poenas of the Commission shall be served in the 

13 manner provided for subpoenas issued by a 

14 United States district court under the Federal 

15 Rules of Civil Procedure for the United States 

16 district courts. 

17 (D) SERVICE OF PROCESS.—All process of 

18 any court to which application is made under 

19 subparagraph (B) may be served in the judicial 

20 district in which the person required to be 

21 served resides or may be found. 

22 (d) PAY AND TRAVEL EXPENSES.— 

23 (1) PAY.— 

24 (A) MEMBERS.—Each member, other than 

25 the Chair of the Commission, shall be paid at 


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1 a rate equal to the daily equivalent of the min2 imum annual rate of basic pay payable for level 

3 IV of the Executive Schedule under section 

4 5315 of title 5, United States Code, for each 

5 day (including travel time) during which the 

6 member is engaged in the actual performance of 

7 duties vested in the Commission. 

8 (B) CHAIR.—The Chair shall be paid for 

9 each day referred to in subparagraph (A) at a 

10 rate equal to the daily equivalent of the min11 imum annual rate of basic pay payable for level 

12 III of the Executive Schedule under section 

13 5314 of title 5, United States Code. 

14 (2) TRAVEL EXPENSES.—Members shall receive 

15 travel expenses, including per diem in lieu of subsist16 ence, in accordance with sections 5702 and 5703 of 

17 title 5, United States Code. 

18 (e) DIRECTOR OF STAFF.— 

19 (1) IN GENERAL.—The Commission shall ap20 point a Director. 

21 (2) PAY.—The Director shall be paid at the 

22 rate of basic pay payable for level V of the Executive 

23 Schedule under section 5316 of title 5, United 

24 States Code. 

25 (f) STAFF.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the Director, with the approval of the Commission, 

3 may appoint, fix the pay of, and terminate addi4 tional personnel. 

5 (2) LIMITATIONS ON APPOINTMENT.—The Di6 rector may make such appointments without regard 

7 to the provisions of title 5, United States Code, gov8 erning appointments in the competitive service, and 

9 any personnel so appointed may be paid without re10 gard to the provisions of chapter 51 and subchapter 

11 III of chapter 53 of that title relating to classifica12 tion and General Schedule pay rates, except that an 

13 individual so appointed may not receive pay in ex14 cess of the annual rate of basic pay payable for GS– 

15 15 of the General Schedule. 

16 (3) AGENCY ASSISTANCE.—Following consulta17 tion with and upon request of the Chair of the Com18 mission, the head of any agency may detail any of 

19 the personnel of that agency to the Commission to 

20 assist the Commission in carrying out the duties of 

21 the Commission under this Act. 

22 (4) GAO AND OIRA ASSISTANCE.—The Comp23 troller General of the United States and the Admin24 istrator of the Office of Information and Regulatory 

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1 ing of employees, to the Commission in accordance 

2 with an agreement entered into with the Commis3 sion. 

4 (5) ASSISTANCE FROM OTHER PARTIES.—Con5 gress, the States, municipalities, federally recognized 

6 Indian tribes, and local governments may provide as7 sistance, including the detailing of employees, to the 

8 Commission in accordance with an agreement en9 tered into with the Commission. 

10 (g) OTHER AUTHORITY.— 

11 (1) EXPERTS AND CONSULTANTS.—The Com12 mission may procure by contract, to the extent funds 

13 are available, the temporary or intermittent services 

14 of experts or consultants pursuant to section 3109 

15 of title 5, United States Code. 

16 (2) PROPERTY.—The Commission may lease 

17 space and acquire personal property to the extent 

18 funds are available. 

19 (h) DUTIES OF THE COMMISSION.— 

20 (1) IN GENERAL.—The Commission shall con21 duct a review of the Code of Federal Regulations to 

22 identify rules and sets of rules that collectively im23 plement a regulatory program that should be re24 pealed to lower the cost of regulation to the econ25 omy. The Commission shall give priority in the reVerDate Sep 11 2014 21:28 Mar 02, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H998.RFS H998

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1 view to rules or sets of rules that are major rules 

2 or include major rules, have been in effect more than 

3 15 years, impose paperwork burdens or unfunded 

4 mandates that could be reduced substantially with5 out significantly diminishing regulatory effectiveness, 

6 impose disproportionately high costs on entities that 

7 qualify as small entities within the meaning of sec8 tion 601(6) of title 5, United States Code, or could 

9 be strengthened in their effectiveness while reducing 

10 regulatory costs. The Commission shall have as a 

11 goal of the Commission to achieve a reduction of at 

12 least 15 percent in the cumulative costs of Federal 

13 regulation with a minimal reduction in the overall ef14 fectiveness of such regulation. 

15 (2) NATURE OF REVIEW.—To identify which 

16 rules and sets of rules should be repealed to lower 

17 the cost of regulation to the economy, the Commis18 sion shall apply the following criteria: 

19 (A) Whether the original purpose of the 

20 rule or set of rules was achieved, and the rule 

21 or set of rules could be repealed without signifi22 cant recurrence of adverse effects or conduct 

23 that the rule or set of rules was intended to 

24 prevent or reduce. 


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1 (B) Whether the implementation, compli2 ance, administration, enforcement, imposition of 

3 unfunded mandates, or other costs of the rule 

4 or set of rules to the economy are not justified 

5 by the benefits to society within the United 

6 States produced by the expenditure of those 

7 costs. 

8 (C) Whether the rule or set of rules has 

9 been rendered unnecessary or obsolete, taking 

10 into consideration the length of time since the 

11 rule was made and the degree to which tech12 nology, economic conditions, market practices, 

13 or other relevant factors have changed in the 

14 subject area affected by the rule or set of rules. 

15 (D) Whether the rule or set of rules is in16 effective at achieving the purposes of the rule or 

17 set of rules. 

18 (E) Whether the rule or set of rules over19 laps, duplicates, or conflicts with other Federal 

20 rules, and to the extent feasible, with State and 

21 local governmental rules. 

22 (F) Whether the rule or set of rules has 

23 excessive compliance costs, imposes unfunded 

24 mandates, or is otherwise excessively burden25 some, as compared to alternatives that— 


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1 (i) specify performance objectives 

2 rather than conduct or manners of compli3 ance; 

4 (ii) establish economic incentives to 

5 encourage desired behavior; 

6 (iii) provide information upon which 

7 choices can be made by the public; 

8 (iv) incorporate other innovative alter9 natives rather than agency actions that 

10 specify conduct or manners of compliance; 

11 or 

12 (v) could in other ways substantially 

13 lower costs without significantly under14 mining effectiveness. 

15 (G) Whether the rule or set of rules inhib16 its innovation in or growth of the United States 

17 economy, such as by impeding the introduction 

18 or use of safer or equally safe technology that 

19 is newer or more efficient than technology re20 quired by or permissible under the rule or set 

21 of rules. 

22 (H) Whether or not the rule or set of rules 

23 harms competition within the United States 

24 economy or the international economic competiVerDate Sep 11 2014 21:28 Mar 02, 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H998.RFS H998

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1 tiveness of enterprises or entities based in the 

2 United States. 

3 (I) Whether or not the rule or set of rules 

4 limits or prevents an agency from applying new 

5 or emerging technologies to improve efficiency 

6 and effectiveness of government. 

7 (J) Whether the rule or set of rules harms 

8 wage growth, including wage growth for min9 imum wage and part-time workers. 

10 (K) Whether the rule or set of rules is in 

11 full compliance with the requirements of section 

12 801(a)(1)(A) of title 5, United States Code. 

13 (L) Whether, and the extent to which, the 

14 repeal of the rule or set of rules would impact 

15 public health. 

16 (M) Such other criteria as the Commission 

17 devises to identify rules and sets of rules that 

18 can be repealed to eliminate or reduce unneces19 sarily burdensome costs to the United States 

20 economy. 

21 (3) METHODOLOGY FOR REVIEW.—The Com22 mission shall establish a methodology for conducting 

23 the review (including an overall review and discrete 

24 reviews of portions of the Code of Federal Regula25 tions), identifying rules and sets of rules, and 


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1 classifying rules under this subsection and publish 

2 the terms of the methodology in the Federal Reg3 ister and on the website of the Commission. The 

4 Commission may propose and seek public comment 

5 on the methodology before the methodology is estab6 lished. 

7 (4) CLASSIFICATION OF RULES AND SETS OF

8 RULES.— 

9 (A) IN GENERAL.—After completion of any 

10 review of rules or sets of rules under paragraph 

11 (2), the Commission shall classify each rule or 

12 set of rules identified in the review to qualify 

13 for recommended repeal as either a rule or set 

14 of rules— 

15 (i) on which immediate action to re16 peal is recommended; or 

17 (ii) that should be eligible for repeal 

18 under regulatory cut-go procedures under 

19 title II. 

20 (B) DECISIONS BY MAJORITY.—Each deci21 sion by the Commission to identify a rule or set 

22 of rules for classification under this paragraph, 

23 and each decision whether to classify the rule or 

24 set of rules under clause (i) or (ii) of subpara25 graph (A), shall be made by a simple majority 


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1 vote of the Commission. No such vote shall take 

2 place until after all members of the Commission 

3 have been confirmed by the Senate. 

4 (5) INITIATION OF REVIEW BY OTHER PER5 SONS.— 

6 (A) IN GENERAL.—The Commission may 

7 also conduct a review under paragraph (2) of, 

8 and, if appropriate, classify under paragraph 

9 (4), any rule or set of rules that is submitted 

10 for review to the Commission by— 

11 (i) the President; 

12 (ii) a Member of Congress; 

13 (iii) any officer or employee of a Fed14 eral, State, local or tribal government, or 

15 regional governmental body; or 

16 (iv) any member of the public. 

17 (B) FORM OF SUBMISSION.—A submission 

18 to the Commission under this paragraph 

19 shall— 

20 (i) identify the specific rule or set of 

21 rules submitted for review; 

22 (ii) provide a statement of evidence to 

23 demonstrate that the rule or set of rules 

24 qualifies to be identified for repeal under 

25 the criteria listed in paragraph (2); and 


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1 (iii) such other information as the 

2 submitter believes may be helpful to the 

3 Commission’s review, including a state4 ment of the submitter’s interest in the 

5 matter. 

6 (C) PUBLIC AVAILABILITY.—The Commis7 sion shall make each submission received under 

8 this paragraph available on the website of the 

9 Commission as soon as possible, but not later 

10 than 1 week after the date on which the sub11 mission was received. 

12 (i) NOTICES AND REPORTS OF THE COMMISSION.— 

13 (1) NOTICES OF AND REPORTS ON ACTIVI14 TIES.—The Commission shall publish, in the Federal 

15 Register and on the website of the Commission— 

16 (A) notices in advance of all public meet17 ings, hearings, and classifications under sub18 section (h) informing the public of the basis, 

19 purpose, and procedures for the meeting, hear20 ing, or classification; and 

21 (B) reports after the conclusion of any 

22 public meeting, hearing, or classification under 

23 subsection (h) summarizing in detail the basis, 

24 purpose, and substance of the meeting, hearing, 

25 or classification. 


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1 (2) ANNUAL REPORTS TO CONGRESS.—Each 

2 year, beginning on the date that is one year after 

3 the date on which all Commission members have 

4 been confirmed by the Senate, the Commission shall 

5 submit a report simultaneously to each House of 

6 Congress detailing the activities of the Commission 

7 for the previous year, and listing all rules and sets 

8 of rules classified under subsection (h) during that 

9 year. For each rule or set of rules so listed, the 

10 Commission shall— 

11 (A) identify the agency that made the rule 

12 or set of rules; 

13 (B) identify the annual cost of the rule or 

14 set of rules to the United States economy and 

15 the basis upon which the Commission identified 

16 that cost; 

17 (C) identify whether the rule or set of rules 

18 was classified under clause (i) or clause (ii) of 

19 subsection (h)(4)(A); 

20 (D) identify the criteria under subsection 

21 (h)(2) that caused the classification of the rule 

22 or set of rules and the basis upon which the 

23 Commission determined that those criteria were 

24 met; 


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1 (E) for each rule or set of rules listed 

2 under the criteria set forth in subparagraph 

3 (B), (D), (F), (G), (H), or (I) of subsection 

4 (h)(2), or other criteria established by the Com5 mission under subparagraph (I) of such sub6 section under which the Commission evaluated 

7 alternatives to the rule or set of rules that could 

8 lead to lower regulatory costs, identify alter9 natives to the rule or set of rules that the Com10 mission recommends the agency consider as re11 placements for the rule or set of rules and the 

12 basis on which the Commission rests the rec13 ommendations, and, in identifying such alter14 natives, emphasize alternatives that will achieve 

15 regulatory effectiveness at the lowest cost and 

16 with the lowest adverse impacts on jobs; 

17 (F) for each rule or set of rules listed 

18 under the criteria set forth in subsection 

19 (h)(2)(E), the other Federal, State, or local 

20 governmental rules that the Commission found 

21 the rule or set of rules to overlap, duplicate, or 

22 conflict with, and the basis for the findings of 

23 the Commission; and 

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1 sider repeal of the statutory authority imple2 mented by the set of rules. 

3 (3) FINAL REPORT.—Not later than the date 

4 on which the Commission members’ appointments 

5 expire, the Commission shall submit a final report 

6 simultaneously to each House of Congress summa7 rizing all activities and recommendations of the 

8 Commission, including a list of all rules or sets of 

9 rules the Commission classified under clause (i) of 

10 subsection (h)(4)(A) for immediate action to repeal, 

11 a separate list of all rules or sets of rules the Com12 mission classified under clause (ii) of subsection 

13 (h)(4)(A) for repeal, and with regard to each rule or 

14 set of rules listed on either list, the information de15 scribed in subparagraphs (A) through (F) of sub16 section (h)(2). This report may be included in the 

17 final annual report of the Commission under para18 graph (2) and may include the Commission’s rec19 ommendation whether the Commission should be re20 authorized by Congress. 

21 (j) REPEAL OF REGULATIONS; CONGRESSIONAL

22 CONSIDERATION OF COMMISSION REPORTS.— 

23 (1) IN GENERAL.—Subject to paragraph (2)— 

24 (A) the head of each agency with authority 

25 to repeal a rule or set of rules classified by the 


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1 Commission under subsection (h)(4)(A)(i) for 

2 immediate action to repeal and newly listed as 

3 such in an annual or final report of the Com4 mission under paragraph (2) or (3) of sub5 section (i) shall repeal the rule or set of rules 

6 as recommended by the Commission within 60 

7 days after the enactment of a joint resolution 

8 under paragraph (2) for approval of the rec9 ommendations of the Commission in the report; 

10 and 

11 (B) the head of each agency with authority 

12 to repeal a rule or set of rules classified by the 

13 Commission under subsection (h)(4)(A)(ii) for 

14 repeal and newly listed as such in an annual or 

15 final report of the Commission under paragraph 

16 (2) or (3) of subsection (i) shall repeal the rule 

17 or set of rules as recommended by the Commis18 sion pursuant to section 201, following the en19 actment of a joint resolution under paragraph 

20 (2) for approval of the recommendations of the 

21 Commission in the report. 

22 (2) CONGRESSIONAL APPROVAL.— 

23 (A) IN GENERAL.—No head of an agency 

24 described in paragraph (1) shall be required by 

25 this Act to carry out a repeal listed by the 


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1 Commission in a report transmitted to Congress 

2 under paragraph (2) or (3) of subsection (i) 

3 until a joint resolution is enacted, in accordance 

4 with the provisions of subparagraph (B), ap5 proving such recommendations of the Commis6 sion for repeal. 

7 (B) TERMS OF THE RESOLUTION.—For 

8 purposes of paragraph (A), the term ‘‘joint res9 olution’’ means only a joint resolution which is 

10 introduced after the date on which the Commis11 sion transmits to the Congress under paragraph 

12 (2) or (3) of subsection (i) the report con13 taining the recommendations to which the reso14 lution pertains, and— 

15 (i) which does not have a preamble; 

16 (ii) the matter after the resolving 

17 clause of which is only as follows: ‘‘That 

18 Congress approves the recommendations 

19 for repeal of the Retrospective Regulatory 

20 Review Commission as submitted by the 

21 Commission on llll’’, the blank 

22 space being filled in with the appropriate 

23 date; and 

24 (iii) the title of which is as follows: 

25 ‘‘Approving recommendations for repeal of 


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1 the Retrospective Regulatory Review Com2 mission.’’. 

3 (3) REISSUANCE OF RULES.— 

4 (A) NO SUBSTANTIALLY SIMILAR RULE TO

5 BE REISSUED.—A rule that is repealed under 

6 paragraph (1) or section 201 may not be re7 issued in substantially the same form, and a 

8 new rule that is substantially the same as such 

9 a rule may not be issued, unless the reissued or 

10 new rule is specifically authorized by a law en11 acted after the date of the joint resolution ap12 proving the Commission’s recommendation to 

13 repeal the original rule. 

14 (B) AGENCY TO ENSURE AVOIDANCE OF

15 SIMILAR DEFECTS.—An agency, in making any 

16 new rule to implement statutory authority pre17 viously implemented by a rule repealed under 

18 paragraph (1) or section 201, shall ensure that 

19 the new rule does not result in the same ad20 verse effects of the repealed rule that caused 

21 the Commission to recommend to Congress the 

22 latter’s repeal and will not result in new adverse 

23 effects of the kind described in the criteria 

24 specified in or under subsection (h). 

25 (k) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There are authorized to be 

2 appropriated such sums as may be necessary to the 

3 Commission to carry out this Act, not to exceed 

4 $30,000,000. 

5 (2) AVAILABILITY.—Any sums appropriated 

6 under the authorization contained in this section 

7 shall remain available, without fiscal year limitation, 

8 until the earlier of the date that such sums are ex9 pended or the date of the termination of the Com10 mission. 

11 (l) WEBSITE.— 

12 (1) IN GENERAL.—The Commission shall estab13 lish a public website that— 

14 (A) uses current information technology to 

15 make records available on the website; 

16 (B) provides information in a standard 

17 data format; and 

18 (C) receives and publishes public com19 ments. 

20 (2) PUBLISHING OF INFORMATION.—Any infor21 mation required to be made available on the website 

22 established pursuant to this Act shall be published 

23 in a timely manner and shall be accessible by the 

24 public on the website at no cost. 


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1 (3) RECORD OF PUBLIC MEETINGS AND HEAR2 INGS.—All records of public meetings and hearings 

3 shall be published on the website as soon as possible, 

4 but not later than 1 week after the date on which 

5 such public meeting or hearing occurred. 

6 (4) PUBLIC COMMENTS.—The Commission shall 

7 publish on the website all public comments and sub8 missions. 

9 (5) NOTICES.—The Commission shall publish 

10 on the website notices of all public meetings and 

11 hearings at least one week before the date on which 

12 such public meeting or hearing occurs. 

13 (m) APPLICABILITY OF THE FEDERAL ADVISORY

14 COMMITTEE ACT.— 

15 (1) IN GENERAL.—Except as otherwise pro16 vided in this Act, the Commission shall be subject to 

17 the provisions of the Federal Advisory Committee 

18 Act (5 U.S.C. App.). 

19 (2) ADVISORY COMMITTEE MANAGEMENT OFFI20 CER.—The Commission shall not be subject to the 

21 control of any Advisory Committee Management Of22 ficer designated under section 8(b)(1) of the Federal 

23 Advisory Committee Act (5 U.S.C. App.). 

24 (3) SUBCOMMITTEE.—Any subcommittee of the 

25 Commission shall be treated as the Commission for 


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1 purposes of the Federal Advisory Committee Act (5 

2 U.S.C. App.). 

3 (4) CHARTER.—The enactment of the SCRUB 

4 Act shall be considered to meet the requirements of 

5 the Commission under section 9(c) of the Federal 

6 Advisory Committee Act (5 U.S.C. App.). 

7 (n) DEFINITION.—In this section, the term ‘‘un8 funded mandate’’ has the meaning given the term ‘‘Fed9 eral mandate’’ in section 421(6) of the Congressional 

10 Budget Act of 1974 (2 U.S.C. 658(6)). 

11 TITLE II—REGULATORY CUT-GO 

12 SEC. 201. CUT-GO PROCEDURES. 

13 (a) IN GENERAL.—Except as provided in section 

14 101(j)(2)(A) or section 202, an agency, when the agency 

15 makes a new rule, shall repeal rules or sets of rules of 

16 that agency classified by the Commission under section 

17 101(h)(4)(A)(ii), such that the annual costs of the new 

18 rule to the United States economy is offset by such re19 peals, in an amount equal to or greater than the cost of 

20 the new rule, based on the regulatory cost reductions of 

21 repeal identified by the Commission. 

22 (b) ALTERNATIVE PROCEDURE.—An agency may, al23 ternatively, repeal rules or sets of rules of that agency 

24 classified by the Commission under section 

25 101(h)(4)(A)(ii) prior to the time specified in subsection 


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1 (a). If the agency so repeals such a rule or set of rules 

2 and thereby reduces the annual, inflation-adjusted cost of 

3 the rule or set of rules to the United States economy, the 

4 agency may thereafter apply the reduction in regulatory 

5 costs, based on the regulatory cost reductions of repeal 

6 identified by the Commission, to meet, in whole or in part, 

7 the regulatory cost reduction required under subsection 

8 (a) of this section to be made at the time the agency pro9 mulgates a new rule. 

10 (c) ACHIEVEMENT OF FULL NET COST REDUC11 TIONS.— 

12 (1) IN GENERAL.—Subject to the provisions of 

13 paragraph (2), an agency may offset the costs of a 

14 new rule or set of rules by repealing a rule or set 

15 of rules listed by the Commission under section 

16 101(h)(4)(A)(ii) that implement the same statutory 

17 authority as the new rule or set of rules. 

18 (2) LIMITATION.—When using the authority 

19 provided in paragraph (1), the agency must achieve 

20 a net reduction in costs imposed by the agency’s 

21 body of rules (including the new rule or set of rules) 

22 that is equal to or greater than the cost of the new 

23 rule or set of rules to be promulgated, including, 

24 whenever necessary, by repealing additional rules of 


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1 the agency listed by the Commission under section 

2 101(h)(4)(A)(ii). 

3 SEC. 202. APPLICABILITY. 

4 An agency shall no longer be subject to the require5 ments of sections 201 and 203 beginning on the date that 

6 there is no rule or set of rules of the agency classified 

7 by the Commission under section 101(h)(4)(A)(ii) that has 

8 not been repealed such that all regulatory cost reductions 

9 identified by the Commission to be achievable through re10 peal have been achieved. 

11 SEC. 203. OIRA CERTIFICATION OF COST CALCULATIONS. 

12 The Administrator of the Office of Information and 

13 Regulatory Affairs of the Office of Management and 

14 Budget shall review and certify the accuracy of agency de15 terminations of the costs of new rules under section 201. 

16 The certification shall be included in the administrative 

17 record of the relevant rulemaking by the agency promul18 gating the rule, and the Administrator shall transmit a 

19 copy of the certification to Congress when it transmits the 

20 certification to the agency. 

21 TITLE III—RETROSPECTIVE 

22 REVIEW OF NEW RULES 

23 SEC. 301. PLAN FOR FUTURE REVIEW. 

24 When an agency makes a rule, the agency shall in25 clude in the final issuance of such rule a plan for the reVerDate Sep 11 2014 21:28 Mar 02, 2017 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H998.RFS H998

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1 view of such rule by not later than 10 years after the date 

2 such rule is made. Such a review, in the case of a major 

3 rule, shall be substantially similar to the review by the 

4 Commission under section 101(h). In the case of a rule 

5 other than a major rule, the agency’s plan for review shall 

6 include other procedures and standards to enable the 

7 agency to determine whether to repeal or amend the rule 

8 to eliminate unnecessary regulatory costs to the economy. 

9 Whenever feasible, the agency shall include a proposed 

10 plan for review of a proposed rule in its notice of proposed 

11 rulemaking and shall receive public comment on the plan. 

12 TITLE IV—JUDICIAL REVIEW 

13 SEC. 401. JUDICIAL REVIEW. 

14 (a) IMMEDIATE REPEALS.—Agency compliance with 

15 section 101(j) of this Act shall be subject to judicial review 

16 under chapter 7 of title 5, United States Code. 

17 (b) CUT-GO PROCEDURES.—Agency compliance with 

18 title II of this Act shall be subject to judicial review under 

19 chapter 7 of title 5, United States Code. 

20 (c) PLANS FOR FUTURE REVIEW.—Agency compli21 ance with section 301 shall be subject to judicial review 

22 under chapter 7 of title 5, United States Code. 


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1 TITLE V—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 501. DEFINITIONS. 

4 In this Act: 

5 (1) AGENCY.—The term ‘‘agency’’ has the 

6 meaning given such term in section 551 of title 5, 

7 United States Code. 

8 (2) COMMISSION.—The term ‘‘Commission’’ 

9 means the Retrospective Regulatory Review Commis10 sion established under section 101. 

11 (3) MAJOR RULE.—The term ‘‘major rule’’ 

12 means any rule that the Administrator of the Office 

13 of Information and Regulatory Affairs determines is 

14 likely to impose— 

15 (A) an annual cost on the economy of 

16 $100,000,000 or more, adjusted annually for 

17 inflation; 

18 (B) a major increase in costs or prices for 

19 consumers, individual industries, Federal, 

20 State, local, or tribal government agencies, or 

21 geographic regions; 

22 (C) significant adverse effects on competi23 tion, employment, investment, productivity, in24 novation, or on the ability of United StatesVerDate Sep 11 2014 21:28 Mar 02, 2017 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H998.RFS H998

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1 based enterprises to compete with foreign-based 

2 enterprises in domestic and export markets; or 

3 (D) significant impacts on multiple sectors 

4 of the economy. 

5 (4) RULE.—The term ‘‘rule’’ has the meaning 

6 given that term in section 551 of title 5, United 

7 States Code. 

8 (5) SET OF RULES.—The term ‘‘set of rules’’ 

9 means a set of rules that collectively implements a 

10 regulatory authority of an agency. 

11 SEC. 502. EFFECTIVE DATE. 

12 This Act and the amendments made by this Act shall 

13 take effect beginning on the date of the enactment of this 

14 Act. 

Passed the House of Representatives March 1, 

2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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