I 

113TH CONGRESS 

1ST SESSION H. R. 3341 

To amend title 5, United States Code, to provide for the consideration 

of costs and benefits during rule making and for the review of existing 

rules. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 24, 2013 

Mr. KINGSTON 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 the 

consideration of costs and benefits during rule making 

and for the review of existing rules. 

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 ‘‘Verifying Agencies’ 

5 Lasting Use of Expenditures Act of 2013’’ or the 

6 ‘‘VALUE Act of 2013’’. 


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1 SEC. 2. CONSIDERATION OF COSTS AND BENEFITS DURING 

2 RULE MAKING. 

3 Chapter 5 of title 5, United States Code, is amended 

4 by inserting after section 553 the following: 

5 ‘‘§ 553a. Consideration of costs and benefits during 

6 rule making; review of existing rules. 

7 ‘‘(a) This section applies in the case of a rule for 

8 which an agency is required to follow the procedures under 

9 section 553. 

10 ‘‘(b) An agency, when making a rule, shall— 

11 ‘‘(1) clearly identify the nature and source of 

12 the problem that the proposed rule is designed to 

13 address, as well as assess the significance of that 

14 problem, to enable assessment of whether any new 

15 rule is warranted; 

16 ‘‘(2) assess the costs and benefits of the rule, 

17 both qualitative and quantitative, and propose a rule 

18 only on a reasoned determination that the benefits 

19 of the rule justify the costs of the rule; and 

20 ‘‘(3) identify and assess available alternatives to 

21 the rule that were considered, including amending 

22 an existing rule and not regulating, together with an 

23 explanation of why the rule meets the regulatory ob24 jectives more effectively than the alternatives. 


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1 ‘‘(c) Notwithstanding any other provision of law, a 

2 rule may not take effect unless an agency complies with 

3 subsection (b), except as provided in subsection (d). 

4 ‘‘(d)(1) Notwithstanding any other provision of this 

5 section, if the President makes a determination under 

6 paragraph (2) and submits written notice of such deter7 mination to the Congress, a rule that would not take effect 

8 by reason of subsection (c) may take effect for a period 

9 of 120 days beginning on the date that the President 

10 makes a determination under paragraph (2). 

11 ‘‘(2) Paragraph (1) applies to a determination made 

12 by the President by Executive order that the rule should 

13 take effect because such rule is— 

14 ‘‘(A) necessary because of an imminent threat 

15 to health or safety or other emergency; 

16 ‘‘(B) necessary for the enforcement of criminal 

17 laws; 

18 ‘‘(C) necessary for national security; or 

19 ‘‘(D) issued pursuant to any statute imple20 menting an international trade agreement. 

21 ‘‘(e)(1) Not later than 5 years after the date of the 

22 enactment of the Verifying Agencies’ Lasting Use of Ex23 penditures Act of 2013, and every 5 years thereafter, the 

24 Administrator of the Office of Information and Regulatory 

25 Affairs of the Office of Management and Budget shall— 


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1 ‘‘(A) review the rules of each agency and assess 

2 the costs and benefits of such rules to determine 

3 whether any such rules are outmoded, ineffective, in4 sufficient, or excessively burdensome; and 

5 ‘‘(B) submit a report to the head of each agen6 cy regarding the review conducted under subpara7 graph (A) of that agency’s rules. 

8 ‘‘(2) Upon receiving a report under paragraph 

9 (1)(B), the head of an agency shall modify, streamline, 

10 or repeal any rules that the Administrator finds are out11 moded, ineffective, insufficient, or excessively burdensome 

12 in accordance with such report.’’. 

Æ 


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