I 

117TH CONGRESS 

1ST SESSION H. R. 1920 

To provide for Federal agency accountability and improve the effectiveness 

of major rules in accomplishing their regulatory objectives by requiring 

retrospective review and report, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2021 

Mr. GRAVES of Louisiana (for himself and Mr. CUELLAR) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide for Federal agency accountability and improve 

the effectiveness of major rules in accomplishing their 

regulatory objectives by requiring retrospective review 

and report, 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 ‘‘Providing Retrospec5 tive Observations Validating Economics and Increasing 

6 Transparency Act of 2021’’ or as the ‘‘PROVE IT Act 

7 of 2021’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1920 IH

1 SEC. 2. INCORPORATING RETROSPECTIVE REVIEW FOR 

2 NEW MAJOR RULES. 

3 (a) IN GENERAL.—Subchapter II of chapter 5 of title 

4 5, United States Code, is amended— 

5 (1) in section 551— 

6 (A) in paragraph (13), by striking ‘‘; and’’ 

7 and inserting a semicolon; 

8 (B) in paragraph (14), by striking the pe9 riod at the end and inserting a semicolon; and 

10 (C) by adding at the end the following: 

11 ‘‘(15) ‘Administrator’ means the Administrator 

12 of the Office of Information and Regulatory Affairs 

13 of the Office of Management and Budget; and 

14 ‘‘(16) ‘major rule’ means any rule that the Ad15 ministrator finds has resulted in or is likely to result 

16 in— 

17 ‘‘(A) an annual effect on the economy of 

18 $100,000,000 or more; 

19 ‘‘(B) a major increase in costs or prices for 

20 consumers, individual industries, Federal, 

21 State, or local government agencies, or geo22 graphic regions; or 

23 ‘‘(C) significant adverse effects on competi24 tion, employment, investment, productivity, in25 novation, or on the ability of United States26 based enterprises to compete with foreign-based 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 1920 IH

1 enterprises in domestic and export markets.’’; 

2 and 

3 (2) in section 553, by adding at the end the fol4 lowing: 

5 ‘‘(f) REGULATION-SPECIFIC FRAMEWORKS.— 

6 ‘‘(1) IN GENERAL.—Beginning 180 days after 

7 the date of enactment of this subsection, when an 

8 agency publishes a final major rule in the Federal 

9 Register, the agency shall publish a report on the 

10 benefits and costs of the final rule on entities whose 

11 conduct is regulated by the rule in the Federal Reg12 ister biannually thereafter while the rule remains in 

13 effect. The report shall— 

14 ‘‘(A) assess the impacts, including any 

15 costs, of the major rule on regulated entities; 

16 ‘‘(B) include a determination about how 

17 the actual benefits and costs of the major rule 

18 has varied from those anticipated at the time 

19 the major rule was issued; 

20 ‘‘(C) assess the effectiveness and benefits 

21 of the major rule in producing the regulatory 

22 objectives of the major rule; and 

23 ‘‘(D) be reviewed by the Administrator 

24 when required under Executive order. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 1920 IH

1 ‘‘(2) REPORT TO CONGRESS.—The agency shall 

2 provide a report to Congress not later than 90 days 

3 after the agency makes any determination under 

4 paragraph (1)(C) that the cost to regulated entities 

5 has exceeded the anticipated cost at the time the 

6 final rule was issued. Agencies shall assess in their 

7 report— 

8 ‘‘(A) whether the major rule is accom9 plishing its regulatory objective; and 

10 ‘‘(B) whether the major rule has been ren11 dered unnecessary, taking into consideration— 

12 ‘‘(i) changes in the subject area af13 fected by the major rule; 

14 ‘‘(ii) whether the major rule overlaps, 

15 duplicates, or conflicts with other rules or, 

16 to the extent feasible, State and local gov17 ernment regulations; and 

18 ‘‘(iii) other alternatives to the major 

19 rule or modification of the major rule could 

20 achieve better results while imposing a 

21 smaller burden on society or at a lower 

22 cost, taking into consideration any cost al23 ready incurred. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 1920 IH

1 ‘‘(3) REOPENING OF PUBLIC DOCKET.—Upon 

2 delivery of the report required in paragraph (2) the 

3 agency shall— 

4 ‘‘(A) reopen the public docket for 60 days 

5 to receive additional comments; and 

6 ‘‘(B) consider modifications or alternatives 

7 that reduce costs and increase benefits to regu8 lated entities or individuals. 

9 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

10 this subsection may be construed to affect any other 

11 provision of law that requires an agency to conduct 

12 retrospective reviews of rules issued by the agency.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS