II 

114TH CONGRESS 

1ST SESSION S. 1683 

To provide for the establishment of a process for the review of rules and 

sets of rules, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2015 

Mr. HATCH (for himself, Mrs. ERNST, and Mr. BLUNT) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Searching for and Cutting Regulations that are Unneces6 sarily Burdensome Act of 2015’’ or the ‘‘SCRUB Act of 

7 2015’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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TITLE I—RETROSPECTIVE REGULATORY REVIEW COMMISSION 

Sec. 101. Retrospective Regulatory Review Commission. 

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; EFFECTIVE DATE 

Sec. 401. Judicial review. 

Sec. 402. Effective date. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Office of In5 formation and Regulatory Affairs of the Office of 

6 Management and Budget. 

7 (2) AGENCY.—The term ‘‘agency’’ has the 

8 meaning given that term in section 551 of title 5, 

9 United States Code. 

10 (3) COMMISSION.—The term ‘‘Commission’’ 

11 means the Retrospective Regulatory Review Commis12 sion established under section 101(a). 

13 (4) MAJOR RULE.—The term ‘‘major rule’’ 

14 means any rule that the Administrator determines is 

15 likely to impose— 

16 (A) an annual cost on the economy of 

17 $100,000,000 or more, adjusted annually for 

18 inflation; 


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

2 consumers, individual industries, Federal, 

3 State, local, or tribal government agencies, or 

4 geographic regions; 

5 (C) significant adverse effects on competi6 tion, employment, investment, productivity, in7 novation, or on the ability of United States8 based enterprises to compete with foreign-based 

9 enterprises in domestic and export markets; or 

10 (D) significant impacts on multiple sectors 

11 of the economy. 

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

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

14 States Code. 

15 (6) SET OF RULES.—The term ‘‘set of rules’’ 

16 means a set of rules that collectively implements a 

17 regulatory authority of an agency. 

18 TITLE I—RETROSPECTIVE REGU19 LATORY REVIEW COMMIS20 SION 

21 SEC. 101. RETROSPECTIVE REGULATORY REVIEW COMMIS22 SION. 

23 (a) ESTABLISHMENT.—There is established a com24 mission, to be known as the ‘‘Retrospective Regulatory Re25 view Commission’’, that shall review rules and sets of rules 


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1 in accordance with specified criteria to determine if a rule 

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

3 the costs of regulation to the economy. 

4 (b) MEMBERSHIP.— 

5 (1) NUMBER.—The Commission shall be com6 posed of 9 members who shall be appointed by the 

7 President and confirmed by the Senate. Each mem8 ber shall be appointed not later than 180 days after 

9 the date of enactment of this Act. 

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

11 commence upon the confirmation of the member by 

12 the Senate and shall extend to the later of— 

13 (A) the date that is 5 years and 180 days 

14 after the date of enactment of this Act; or 

15 (B) the date that is 5 years after the date 

16 by which all members have been confirmed by 

17 the Senate. 

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, past chairmen of 

24 the Administrative Conference of the United 

25 States, and other individuals with similar experVerDate Sep 11 2014 00:29 Jun 30, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1683.IS S1683

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1 tise and experience in rulemaking affairs and 

2 the administration of regulatory reviews. 

3 (B) CANDIDATE LIST OF MEMBERS.— 

4 (i) IN GENERAL.—The Speaker of the 

5 House of Representatives, the Minority 

6 Leader of the House of Representatives, 

7 the Majority Leader of the Senate, and the 

8 Minority Leader of the Senate shall each 

9 present to the President a list of can10 didates to be members of the Commission, 

11 which individuals shall be learned in rule12 making affairs and, preferably, administra13 tion of regulatory reviews. 

14 (ii) APPOINTMENT FROM LIST.—The 

15 President shall appoint 2 members of the 

16 Commission from each list provided under 

17 this clause (i), subject to the provisions of 

18 subparagraph (C). 

19 (C) RESUBMISSION OF CANDIDATE.—The 

20 President may request from the presenter of a 

21 list under subparagraph (B)(i) a new list of 1 

22 or more candidates if the President— 

23 (i) determines that any candidate on 

24 the list presented pursuant to subpara25 graph (B)(i) does not meet the qualificaVerDate Sep 11 2014 00:29 Jun 30, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1683.IS S1683

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1 tions specified in such subparagraph to be 

2 a member of the Commission; and 

3 (ii) certifies that determination to the 

4 congressional officials specified in subpara5 graph (B)(i). 

6 (c) POWERS AND AUTHORITIES OF THE COMMIS7 SION.— 

8 (1) MEETINGS AND HEARINGS.— 

9 (A) MEETINGS.—The Commission may 

10 meet when, where, and as often as the Commis11 sion determines appropriate, except that the 

12 Commission shall hold public meetings not less 

13 than twice each year. 

14 (B) HEARINGS.—In addition to meetings 

15 held under paragraph (1), the Commission may 

16 hold hearings to consider issues of fact or law 

17 relevant to the work of the Commission. 

18 (C) OPEN TO PUBLIC.—Any meeting or 

19 hearing held by the Commission shall be open 

20 to the public. 

21 (2) ACCESS TO INFORMATION.—The Commis22 sion may secure directly from any agency informa23 tion and documents necessary to enable the Commis24 sion to carry out this Act. Upon request of the Chair 

25 of the Commission, the head of that agency shall 


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1 furnish that information or document to the Com2 mission as soon as possible, but not later than 2 

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

4 (3) SUBPOENAS.— 

5 (A) IN GENERAL.—The Commission may 

6 issue subpoenas requiring the attendance and 

7 testimony of witnesses and the production of 

8 any evidence relating to the duties of the Com9 mission. The attendance of witnesses and the 

10 production of evidence may be required from 

11 any place within the United States at any des12 ignated place of hearing within the United 

13 States. 

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

15 person refuses to obey a subpoena issued under 

16 subparagraph (A), the Commission may apply 

17 to a United States district court for an order 

18 requiring that person to appear before the Com19 mission to give testimony, produce evidence, or 

20 both, relating to the matter under investigation. 

21 The application may be made within the judicial 

22 district where the hearing is conducted or where 

23 that person is found, resides, or transacts busi24 ness. Any failure to obey the order of the court 

25 may be punished by the court as civil contempt. 


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1 (C) SERVICE OF SUBPOENAS.—The sub2 poenas of the Commission shall be served in the 

3 manner provided for subpoenas issued by a 

4 United States district court under the Federal 

5 Rules of Civil Procedure for the United States 

6 district courts. 

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

8 any court to which application is made under 

9 subparagraph (B) may be served in the judicial 

10 district in which the person required to be 

11 served resides or may be found. 

12 (d) PAY AND TRAVEL EXPENSES.— 

13 (1) PAY.— 

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

15 the Chair of the Commission, shall be paid at 

16 a rate equal to the daily equivalent of the min17 imum annual rate of basic pay payable for level 

18 IV of the Executive Schedule under section 

19 5315 of title 5, United States Code, for each 

20 day (including travel time) during which the 

21 member is engaged in the actual performance of 

22 duties vested in the Commission. 

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

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

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1 imum annual rate of basic pay payable for level 

2 III of the Executive Schedule under section 

3 5314 of title 5, United States Code. 

4 (2) TRAVEL EXPENSES.—Members shall receive 

5 travel expenses, including per diem in lieu of subsist6 ence, in accordance with sections 5702 and 5703 of 

7 title 5, United States Code. 

8 (e) DIRECTOR OF STAFF.— 

9 (1) IN GENERAL.—The Commission shall ap10 point a Director. 

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

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

13 Schedule under section 5316 of title 5, United 

14 States Code. 

15 (f) STAFF.— 

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

17 the Director, with the approval of the Commission, 

18 may appoint, fix the pay of, and terminate addi19 tional personnel. 

20 (2) LIMITATIONS ON APPOINTMENT.—The Di21 rector may make such appointments without regard 

22 to the provisions of title 5, United States Code, gov23 erning appointments in the competitive service, and 

24 any personnel so appointed may be paid without re25 gard to the provisions of chapter 51 and subchapter 


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1 III of chapter 53 of that title relating to classifica2 tion and General Schedule pay rates, except that an 

3 individual so appointed may not receive pay in ex4 cess of the annual rate of basic pay payable for GS– 

5 15 of the General Schedule. 

6 (3) AGENCY ASSISTANCE.—Following consulta7 tion with and upon request of the Chair of the Com8 mission, the head of any agency may detail any of 

9 the personnel of that agency to the Commission to 

10 assist the Commission in carrying out the duties of 

11 the Commission under this Act. 

12 (4) GAO AND OIRA ASSISTANCE.—The Comp13 troller General of the United States and the Admin14 istrator shall provide assistance, including the detail15 ing of employees, to the Commission in accordance 

16 with an agreement entered into with the Commis17 sion. 

18 (5) ASSISTANCE FROM OTHER PARTIES.—Con19 gress, the States, municipalities, federally recognized 

20 Indian tribes, and local governments may provide as21 sistance, including the detailing of employees, to the 

22 Commission in accordance with an agreement en23 tered into with the Commission. 

24 (g) OTHER AUTHORITY.— 


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1 (1) EXPERTS AND CONSULTANTS.—The Com2 mission may procure by contract, to the extent funds 

3 are available, the temporary or intermittent services 

4 of experts or consultants pursuant to section 3109 

5 of title 5, United States Code. 

6 (2) PROPERTY.—The Commission may lease 

7 space and acquire personal property to the extent 

8 funds are available. 

9 (h) DUTIES OF THE COMMISSION.— 

10 (1) IN GENERAL.—The Commission shall con11 duct a review of the Code of Federal Regulations to 

12 identify rules and sets of rules that collectively im13 plement a regulatory program that should be re14 pealed to lower the cost of regulation to the econ15 omy. The Commission shall give priority in the re16 view to rules or sets of rules that are major rules 

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

18 15 years, impose paperwork burdens that could be 

19 reduced substantially without significantly dimin20 ishing regulatory effectiveness, impose disproportion21 ately high costs on entities that qualify as small en22 tities within the meaning of section 601(6) of title 

23 5, United States Code, or could be strengthened in 

24 their effectiveness while reducing regulatory costs. 

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1 sion to achieve a reduction of at least 15 percent in 

2 the cumulative costs of Federal regulation with a 

3 minimal reduction in the overall effectiveness of such 

4 regulation. 

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

6 rules and sets of rules should be repealed to lower 

7 the cost of regulation to the economy, the Commis8 sion shall apply the following criteria: 

9 (A) Whether the original purpose of the 

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

11 or set of rules could be repealed without signifi12 cant recurrence of adverse effects or conduct 

13 that the rule or set of rules was intended to 

14 prevent or reduce. 

15 (B) Whether the implementation, compli16 ance, administration, enforcement or other costs 

17 of the rule or set of rules to the economy are 

18 not justified by the benefits to society within 

19 the United States produced by the expenditure 

20 of those costs. 

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

22 been rendered unnecessary or obsolete, taking 

23 into consideration the length of time since the 

24 rule was made and the degree to which tech25 nology, economic conditions, market practices, 


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1 or other relevant factors have changed in the 

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

3 (D) Whether the rule or set of rules is in4 effective at achieving the purposes of the rule or 

5 set of rules. 

6 (E) Whether the rule or set of rules over7 laps, duplicates, or conflicts with other Federal 

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

9 local governmental rules. 

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

11 excessive compliance costs or is otherwise exces12 sively burdensome, as compared to alternatives 

13 that— 

14 (i) specify performance objectives 

15 rather than conduct or manners of compli16 ance; 

17 (ii) establish economic incentives to 

18 encourage desired behavior; 

19 (iii) provide information upon which 

20 choices can be made by the public; 

21 (iv) incorporate other innovative alter22 natives rather than agency actions that 

23 specify conduct or manners of compliance; 

24 or 


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1 (v) could in other ways substantially 

2 lower costs without significantly under3 mining effectiveness. 

4 (G) Whether the rule or set of rules inhib5 its innovation in or growth of the United States 

6 economy, such as by impeding the introduction 

7 or use of safer or equally safe technology that 

8 is newer or more efficient than technology re9 quired by or permissible under the rule or set 

10 of rules. 

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

12 harms competition within the United States 

13 economy or the international economic competi14 tiveness of enterprises or entities based in the 

15 United States. 

16 (I) 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 under this subsection (including an over24 all review and discrete reviews of portions of the 

25 Code of Federal Regulations), identifying rules and 


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1 sets of rules, and classifying rules under this sub2 section and publish the terms of the methodology in 

3 the Federal Register and on the website of the Com4 mission. The Commission may propose and seek 

5 public comment on the methodology before the meth6 odology is established. 

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 interest of the submitter 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 1 year after the 

3 date on which all Commission members have been 

4 confirmed by the Senate, the Commission shall sub5 mit a report simultaneously to each House of Con6 gress detailing the activities of the Commission for 

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

8 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), or (H) of subsection (h)(2), 

4 or other criteria established by the Commission 

5 under subparagraph (I) of such subsection 

6 under which the Commission evaluated alter7 natives 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 PROCE23 DURES.— 


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1 (A) DEFINITION.—For purposes of this 

2 subsection, the term ‘‘joint resolution’’ means 

3 only a joint resolution— 

4 (i) which is introduced after the date 

5 on which the Commission transmits to 

6 Congress under paragraph (2) or (3) of 

7 subsection (i) the report containing the 

8 recommendations to which the joint resolu9 tion pertains; 

10 (ii) which does not have a preamble; 

11 (iii) the matter after the resolving 

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

13 Congress approves the recommendations 

14 for repeal of the Retrospective Regulatory 

15 Review Commission as submitted by the 

16 Commission on llll’’, the blank 

17 space being filled in with the appropriate 

18 date; and 

19 (iv) the title of which is as follows: 

20 ‘‘Approving recommendations for repeal of 

21 the Retrospective Regulatory Review Com22 mission.’’. 

23 (B) INTRODUCTION OF JOINT RESOLU24 TION.—Not later than 5 session days after the 

25 date on which a House of Congress receives a 


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1 report transmitted to Congress under para2 graph (2) or (3) of subsection (i), the majority 

3 leader of that House (or his or her respective 

4 designee) shall introduce, by request, a joint 

5 resolution described in subparagraph (A). 

6 (C) REFERRAL OF JOINT RESOLUTION.— 

7 (i) IN GENERAL.—A joint resolution 

8 introduced under subparagraph (B) shall 

9 be referred to— 

10 (I) the Committee on Homeland 

11 Security and Governmental Affairs of 

12 the Senate, in the case of a joint reso13 lution introduced in the Senate; and 

14 (II) the Committee on Oversight 

15 and Government Reform, in the case 

16 of a joint resolution introduced in the 

17 House of Representatives. 

18 (ii) REPORT TO FULL HOUSE.—Not 

19 later than 30 days after the date on which 

20 a joint resolution is introduced under sub21 paragraph (B), the committees to which 

22 the joint resolution has been referred 

23 under clause (i) shall each report the joint 

24 resolution— 


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1 (I) without any revision or 

2 amendment; and 

3 (II) with a favorable rec4 ommendation, an unfavorable rec5 ommendation, or without rec6 ommendation. 

7 (iii) FAILURE TO REPORT.—If a com8 mittee fails to report a joint resolution 

9 within the period described in clause (ii), 

10 the committee shall be automatically dis11 charged from consideration of the joint 

12 resolution and the joint resolution shall be 

13 placed on the appropriate calendar. 

14 (D) SENATE PROCEDURES.— 

15 (i) IN GENERAL.—In the Senate, 

16 when the committee to which a joint reso17 lution described in subparagraph (A) is re18 ferred has reported the joint resolution 

19 under subparagraph (C)(ii), or when the 

20 committee is discharged under subpara21 graph (C)(iii) from further consideration of 

22 the joint resolution, it is at any time there23 after in order for a motion to proceed to 

24 consideration of the joint resolution, and 

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1 tion and against consideration of the joint 

2 resolution are waived. 

3 (ii) DEBATE ON MOTION TO PRO4 CEED.—In the Senate, the motion to pro5 ceed to the joint resolution is non-debat6 able and is not subject to amendment, a 

7 motion to postpone, or to a motion to pro8 ceed to the consideration of other business. 

9 A motion to reconsider the vote by which 

10 the motion is agreed to or disagreed to 

11 shall not be in order. A vote on the motion 

12 to proceed shall occur upon the expiration 

13 or yielding back of the time for debate 

14 without any further debate or any inter15 vening motion or other action. Repeated 

16 motions to proceed to the joint resolution 

17 are in order, if necessary. If a motion to 

18 proceed to the consideration of the joint 

19 resolution is agreed to, the joint resolution 

20 shall remain the unfinished business of the 

21 Senate until disposed of. 

22 (iii) DEBATE ON JOINT RESOLU23 TION.—In the Senate, debate on the joint 

24 resolution shall be limited to not more than 

25 30 hours, which shall be divided equally 


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1 between those favoring and those opposing 

2 the joint resolution. An amendment to the 

3 joint resolution or any motion, including a 

4 motion to recommit, is not in order. 

5 (iv) VOTE ON FINAL PASSAGE.—In 

6 the Senate, the third reading of the joint 

7 resolution shall be considered to have oc8 curred and a vote on final passage shall 

9 occur immediately upon the expiration or 

10 yielding back of the time for debate with11 out any intervening motion or other action. 

12 (v) VETO OVERRIDE.— 

13 (I) IN GENERAL.—If the Presi14 dent vetoes a joint resolution de15 scribed in subparagraph (A), in the 

16 Senate, upon receipt of the veto mes17 sage from the President or the House 

18 of Representatives, the veto message 

19 shall be considered as read, printed in 

20 the Congressional Record, and entered 

21 in the Senate Journal. The Senate 

22 shall immediately proceed to consider23 ation of whether to pass the joint res24 olution, the objections of the Presi25 dent notwithstanding. 


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1 (II) DEBATE.—In the Senate, 

2 debate on a veto message shall be lim3 ited to not more than 30 hours, which 

4 shall be divided equally between those 

5 favoring and those opposing the joint 

6 resolution, and any motion, including 

7 a motion to table, to refer to a com8 mittee, or to proceed to another meas9 ure, is not in order. 

10 (III) VOTE.—In the Senate, a 

11 vote to override a veto shall occur im12 mediately upon the expiration or 

13 yielding back of the time for debate 

14 without any intervening motion or 

15 other action. 

16 (E) HOUSE OF REPRESENTATIVES PROCE17 DURES.— 

18 (i) IN GENERAL.—In the House of 

19 Representatives, the Speaker of the House 

20 of Representatives shall declare the House 

21 resolved into a Committee of the Whole 

22 immediately after approval of the Journal 

23 on the day after the committee to which a 

24 joint resolution described in subparagraph 

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1 tion under subparagraph (C)(ii) or is dis2 charged from consideration of the joint 

3 resolution under subparagraph (C)(iii). All 

4 points of order against the joint resolution 

5 and against consideration of the joint reso6 lution are waived. 

7 (ii) DEBATE.—In the House of Rep8 resentatives, debate on the joint resolution 

9 shall be limited to not more than 30 hours, 

10 which shall be divided equally between 

11 those favoring and those opposing the joint 

12 resolution. An amendment to the joint res13 olution or any motion, including a motion 

14 to recommit, is not in order. When the 

15 joint resolution is called up, the previous 

16 question shall be considered as ordered to 

17 its passage without intervening motion 

18 upon the expiration or yielding back of the 

19 time for debate without any further debate 

20 or intervening motion or other action. 

21 (F) PROCEDURES WITH DUPLICATE JOINT

22 RESOLUTIONS.—If, before passing a joint reso23 lution described in subparagraph (A), 1 House 

24 of Congress receives from the other a joint reso25 lution having the same text, then— 


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1 (i) the joint resolution of the other 

2 House shall not be referred to a com3 mittee; and 

4 (ii) the receiving House shall consider 

5 the joint resolution of the other House as 

6 if the committee of the receiving House to 

7 which the joint resolution would have been 

8 referred to under subparagraph (C)(i) had 

9 reported the joint resolution under sub10 paragraph (C)(ii) or was discharged from 

11 consideration of the joint resolution under 

12 subparagraph (C)(iii). 

13 (3) REISSUANCE OF RULES.— 

14 (A) NO SUBSTANTIALLY SIMILAR RULE TO

15 BE REISSUED.—A rule that is repealed under 

16 paragraph (1) or section 201 may not be re17 issued in substantially the same form, and a 

18 new rule that is substantially the same as such 

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

20 new rule is specifically authorized by a law en21 acted after the date of the joint resolution ap22 proving the recommendation of the Commission 

23 to repeal the original rule. 

24 (B) AGENCY TO ENSURE AVOIDANCE OF

25 SIMILAR DEFECTS.—An agency, in making any 


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1 new rule to implement statutory authority pre2 viously implemented by a rule repealed under 

3 paragraph (1) or section 201, shall assure 

4 that— 

5 (i) the new rule does not result in the 

6 same adverse effects of the repealed rule 

7 that caused the Commission to recommend 

8 to Congress the repeal of the latter; and 

9 (ii) the new rule will not result in new 

10 adverse effects of the kind described in the 

11 criteria specified under subsection (h)(2). 

12 (k) WEBSITE.— 

13 (1) IN GENERAL.—The Commission shall estab14 lish a public website that— 

15 (A) uses current information technology to 

16 make records available on the website; 

17 (B) provides information in a standard 

18 data format; and 

19 (C) receives and publishes public com20 ments. 

21 (2) PUBLISHING OF INFORMATION.—Any infor22 mation required to be made available on the website 

23 established under paragraph (1) shall be published 

24 in a timely manner and accessible by the public on 

25 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 established under 

4 paragraph (1) as soon as possible, but not later than 

5 1 week after the date on which such public meeting 

6 or hearing occurred. 

7 (4) PUBLIC COMMENTS.—The Commission shall 

8 publish on the website established under paragraph 

9 (1) all public comments and submissions. 

10 (5) NOTICES.—The Commission shall publish 

11 on the website established under paragraph (1) no12 tices of all public meetings and hearings not later 

13 than 1 week before the date on which such public 

14 meeting or hearing occurs. 

15 (l) APPLICABILITY OF THE FEDERAL ADVISORY

16 COMMITTEE ACT.— 

17 (1) IN GENERAL.—Except as otherwise pro18 vided in this Act, the Commission shall be subject to 

19 the provisions of the Federal Advisory Committee 

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

21 (2) ADVISORY COMMITTEE MANAGEMENT OFFI22 CER.—The Commission shall not be subject to the 

23 control of any Advisory Committee Management Of24 ficer designated under section 8(b) of the Federal 

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


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1 (3) SUBCOMMITTEE.—Any subcommittee of the 

2 Commission shall be treated as the Commission for 

3 purposes of the Federal Advisory Committee Act (5 

4 U.S.C. App.). 

5 (4) CHARTER.—The enactment of this Act shall 

6 be considered to meet the requirements of the Com7 mission under section 9(c) of the Federal Advisory 

8 Committee Act (5 U.S.C. App.). 

9 (m) TERMINATION.—The Commission shall termi10 nate on the later of— 

11 (1) the date that is 5 years and 180 days after 

12 the date of enactment of this Act; or 

13 (2) 5 years after the date on which the terms 

14 of all members of the Commission have commenced. 

15 (n) AUTHORIZATION OF APPROPRIATIONS.— 

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

17 appropriated such sums as may be necessary to the 

18 Commission to carry out this title, but not more 

19 than $30,000,000. 

20 (2) AVAILABILITY.—Any sums appropriated 

21 under paragraph (1) shall remain available, without 

22 fiscal year limitation, until the earlier of— 

23 (A) the date on which such sums are ex24 pended; or 


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1 (B) the date on which the Commission ter2 minates. 

3 TITLE II—REGULATORY CUT-GO 

4 SEC. 201. CUT-GO PROCEDURES. 

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

6 101(j)(2), section 202, or subsection (b) of this section, 

7 when an agency makes a new rule, the agency shall repeal 

8 rules or sets of rules of that agency classified by the Com9 mission under section 101(h)(4)(A)(ii), such that the an10 nual costs of the new rule to the United States economy 

11 is offset by such repeals, in an amount equal to or greater 

12 than the cost of the new rule, based on the regulatory cost 

13 reductions of repeal identified by the Commission. 

14 (b) ALTERNATIVE PROCEDURE.— 

15 (1) IN GENERAL.—An agency may, alter16 natively, repeal rules or sets of rules of that agency 

17 classified by the Commission under section 

18 101(h)(4)(A)(ii) prior to the time specified in sub19 section (a). 

20 (2) APPLICATION OF REDUCTION OF COST.—If 

21 an agency repeals a rule or set of rules under para22 graph (1) and thereby reduces the annual, inflation23 adjusted cost of the rule or set of rules to the 

24 United States economy, the agency may thereafter 

25 apply the reduction in regulatory costs, based on the 


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1 regulatory cost reductions of repeal identified by the 

2 Commission, to meet, in whole or in part, the regu3 latory cost reduction required under subsection (a) 

4 to be made at the time the agency promulgates a 

5 new rule. 

6 (c) ACHIEVEMENT OF FULL NET COST REDUC7 TIONS.— 

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

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

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

11 of rules listed by the Commission under section 

12 101(h)(4)(A)(ii) that implement the same statutory 

13 authority as the new rule or set of rules. 

14 (2) LIMITATION.—When using the authority 

15 provided in paragraph (1), the agency shall achieve 

16 a net reduction in costs imposed by the body of rules 

17 of the agency (including the new rule or set of rules) 

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

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

20 whenever necessary, by repealing additional rules of 

21 the agency listed by the Commission under section 

22 101(h)(4)(A)(ii). 

23 SEC. 202. APPLICABILITY. 

24 An agency shall no longer be subject to the require25 ments of sections 201 and 203 beginning on the date on 


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1 which there is no rule or set of rules of the agency classi2 fied by the Commission under section 101(h)(4)(A)(ii) 

3 that has not been repealed such that all regulatory cost 

4 reductions identified by the Commission to be achievable 

5 through repeal have been achieved. 

6 SEC. 203. OIRA CERTIFICATION OF COST CALCULATIONS. 

7 (a) IN GENERAL.—The Administrator shall review 

8 and certify the accuracy of agency determinations of the 

9 costs of new rules under section 201. 

10 (b) INCLUSION.—The certification described in sub11 section (a) shall be included in the administrative record 

12 of the relevant rulemaking by the agency promulgating the 

13 rule, and the Administrator shall transmit a copy of the 

14 certification to Congress when the Administrator trans15 mits the certification to the agency. 

16 TITLE III—RETROSPECTIVE 

17 REVIEW OF NEW RULES 

18 SEC. 301. PLAN FOR FUTURE REVIEW. 

19 (a) IN GENERAL.—When an agency makes a rule, the 

20 agency shall include in the final issuance of such rule a 

21 plan for the review of such rule by not later than 10 years 

22 after the date such rule is made. 

23 (b) REVIEW OF MAJOR RULES.—In the case of a 

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1 section (a) shall be substantially similar to the review by 

2 the Commission under section 101(h). 

3 (c) REVIEW OTHER RULES.—In the case of a rule 

4 of an agency other than a major rule, the plan for review 

5 under subsection (a) shall include other procedures and 

6 standards to enable the agency to determine whether to 

7 repeal or amend the rule to eliminate unnecessary regu8 latory costs to the economy. 

9 (d) PUBLIC COMMENT ON PLAN.—Whenever feasible, 

10 an agency shall include a proposed plan for review of a 

11 proposed rule under subsection (a) in the notice of pro12 posed rulemaking for the rule and shall receive public com13 ment on the plan. 

14 TITLE IV—JUDICIAL REVIEW; 

15 EFFECTIVE DATE 

16 SEC. 401. JUDICIAL REVIEW. 

17 (a) IMMEDIATE REPEALS.—Agency compliance with 

18 paragraphs (1) and (3) of section 101(j) shall be subject 

19 to judicial review under chapter 7 of title 5, United States 

20 Code. 

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

22 title II shall be subject to judicial review under chapter 

23 7 of title 5, United States Code. 


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1 (c) PLANS FOR FUTURE REVIEW.—Agency compli2 ance with section 301 shall be subject to judicial review 

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

4 SEC. 402. EFFECTIVE DATE. 

5 This Act and the amendments made by this Act shall 

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

7 Act. 

Æ 


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