I 

114TH CONGRESS 

2D SESSION H. R. 5513 

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 

JUNE 16, 2016 

Mr. GRAVES of Louisiana (for himself, Mr. CUELLAR, Mr. BOUSTANY, Mr. 

ABRAHAM, Mr. CRAMER, Mr. BABIN, Mr. AUSTIN SCOTT of Georgia, Mr. 

BISHOP of Michigan, Mr. LOUDERMILK, Mr. KING of Iowa, Mr. ROKITA, 

Mr. GOHMERT, Mr. HULTGREN, Mr. YOHO, Mr. DOLD, and Mr. SMITH

of Missouri) 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 


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1 Transparency Act of 2016’’ or as the ‘‘PROVE IT Act 

2 of 2016’’. 

3 SEC. 2. INCORPORATING RETROSPECTIVE REVIEW FOR 

4 NEW MAJOR RULES. 

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

6 5, United States Code, is amended— 

7 (1) in section 551— 

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

9 and inserting a semicolon; 

10 (B) in paragraph (14), by striking the pe11 riod at the end and inserting a semicolon; and 

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

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

14 of the Office of Information and Regulatory Affairs 

15 of the Office of Management and Budget; and 

16 ‘‘(16) ‘major rule’ means any rule that the Ad17 ministrator finds has resulted in or is likely to result 

18 in— 

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

20 $100,000,000 or more; 

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

22 consumers, individual industries, Federal, 

23 State, or local government agencies, or geo24 graphic regions; or 


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1 ‘‘(C) significant adverse effects on competi2 tion, employment, investment, productivity, in3 novation, or on the ability of United States4 based enterprises to compete with foreign-based 

5 enterprises in domestic and export markets.’’; 

6 and 

7 (2) in section 553, by adding at the end the fol8 lowing: 

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

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

11 the date of enactment of this subsection, when an 

12 agency publishes a final major rule in the Federal 

13 Register, the agency shall publish a report on the 

14 benefits and costs of the final rule on entities whose 

15 conduct is regulated by the rule in the Federal Reg16 ister biannually thereafter while the rule remains in 

17 effect. The report shall— 

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

19 costs, of the major rule on regulated entities; 

20 ‘‘(B) include a determination about how 

21 the actual benefits and costs of the major rule 

22 has varied from those anticipated at the time 

23 the major rule was issued; 


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1 ‘‘(C) assess the effectiveness and benefits 

2 of the major rule in producing the regulatory 

3 objectives of the major rule; and 

4 ‘‘(D) be reviewed by the Administrator 

5 when required under Executive order. 

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

7 provide a report to Congress not later than 90 days 

8 after the agency makes any determination under 

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

10 has exceeded the anticipated cost at the time the 

11 final rule was issued. Agencies shall assess in their 

12 report— 

13 ‘‘(A) whether the major rule is accom14 plishing its regulatory objective; and 

15 ‘‘(B) whether the major rule has been ren16 dered unnecessary, taking into consideration— 

17 ‘‘(i) changes in the subject area af18 fected by the major rule; 

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

20 duplicates, or conflicts with other rules or, 

21 to the extent feasible, State and local gov22 ernment regulations; and 

23 ‘‘(iii) other alternatives to the major 

24 rule or modification of the major rule could 

25 achieve better results while imposing a 


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1 smaller burden on society or at a lower 

2 cost, taking into consideration any cost al3 ready incurred. 

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

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

6 agency shall— 

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

8 to receive additional comments; and 

9 ‘‘(B) consider modifications or alternatives 

10 that reduce costs and increase benefits to regu11 lated entities or individuals. 

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

13 this subsection may be construed to affect any other 

14 provision of law that requires an agency to conduct 

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

Æ 


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