I 

113TH CONGRESS 

2D SESSION H. R. 4874 

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

sets of rules, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 17, 2014 

Mr. SMITH of Missouri (for himself, Mr. BACHUS, Mr. COLLINS of Georgia, 

Mr. FARENTHOLD, and Mr. HULTGREN) introduced the following bill; 

which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary and Appropriations, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

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. 

4 This Act may be cited as the ‘‘Searching for and Cut5 ting Regulations that are Unnecessarily Burdensome Act 

6 of 2014’’ or as the ‘‘SCRUB Act of 2014’’. 

7 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 


smartinez on DSK4TPTVNPROD with BILLS
2 

•HR 4874 IH

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. 

1 TITLE I—RETROSPECTIVE REGU2 LATORY REVIEW COMMIS3 SION 

4 SEC. 101. IN GENERAL. 

5 (a) ESTABLISHMENT.—There is established a com6 mission, to be known as the Retrospective Regulatory Re7 view Commission, that shall review rules and sets of rules 

8 in accordance with specified criteria to determine if a rule 

9 or set of rules should be repealed to eliminate or reduce 

10 the costs of regulation to the economy. The Commission 

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

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

13 the date by which all Commission members’ terms have 

14 commenced, whichever is later. 

15 (b) MEMBERSHIP.— 


smartinez on DSK4TPTVNPROD with BILLS
3 

•HR 4874 IH

1 (1) NUMBER.—The Commission shall be com2 posed of 9 members who shall be appointed by the 

3 President and confirmed by the Senate. Each mem4 ber shall be appointed not later than 180 days after 

5 the date of enactment of this Act. 

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

7 commence upon the member’s confirmation by the 

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

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

10 or that is 5 years after the date by which all mem11 bers have been confirmed by the Senate, whichever 

12 is later. 

13 (3) APPOINTMENT.—The members of the Com14 mission shall be appointed as follows: 

15 (A) The President shall appoint the chair 

16 of the Commission from among past Adminis17 trators of the Office of Information and Regu18 latory Affairs, past chairmen of the Administra19 tive Conference of the United States, and other 

20 candidates of similar expertise and experience 

21 in rulemaking affairs and the administration of 

22 regulatory reviews. 

23 (B) The Speaker of the House of Rep24 resentatives, the Minority Leader of the House 

25 of Representatives, the Majority Leader of the 


smartinez on DSK4TPTVNPROD with BILLS
4 

•HR 4874 IH

1 Senate, and the Minority Leader of the Senate 

2 shall each present to the President lists of can3 didates to be members of the Commission. Such 

4 candidates shall be individuals learned in rule5 making affairs and, preferably, administration 

6 of regulatory reviews. The President shall ap7 point 2 members of the Commission from each 

8 list provided under this paragraph, subject to 

9 the provisions of paragraph (C). 

10 (C) If the President— 

11 (i) determines that any candidate to 

12 be a Member of the Commission who ap13 pears on a list presented to him under 

14 paragraph (B) does not meet the qualifica15 tions specified in this paragraph to be a 

16 member of the Commission; and 

17 (ii) certifies that determination to the 

18 congressional officials specified in para19 graph (B); 

20 the President may then request from the pre21 senter of the list a new list of one or more can22 didates. 

23 (c) POWERS AND AUTHORITIES OF THE COMMIS24 SION.— 


smartinez on DSK4TPTVNPROD with BILLS
5 

•HR 4874 IH

1 (1) MEETINGS.—The Commission may meet 

2 when, where, and as often as the Commission deter3 mines appropriate, except that the Commission shall 

4 hold public meetings not less than twice each year. 

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

6 under paragraph (1), the Commission may hold 

7 hearings to consider issues of fact or law relevant to 

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

9 Commission shall be in public. 

10 (3) ACCESS TO INFORMATION.—The Commis11 sion may secure directly from any department or 

12 agency of the United States information necessary 

13 to enable it to carry out this Act. Upon request of 

14 the chair of the Commission, the head of that de15 partment or agency shall furnish that information to 

16 the Commission. 

17 (4) SUBPOENAS.— 

18 (A) IN GENERAL.—The Commission may 

19 issue subpoenas requiring the attendance and 

20 testimony of witnesses and the production of 

21 any evidence relating to the duties of the Com22 mission. The attendance of witnesses and the 

23 production of evidence may be required from 

24 any place within the United States at any desVerDate Mar 15 2010 00:14 Jun 19, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4874.IH H4874

smartinez on DSK4TPTVNPROD with BILLS
6 

•HR 4874 IH

1 ignated place of hearing within the United 

2 States. 

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

4 person refuses to obey a subpoena issued under 

5 subparagraph (a), the Commission may apply 

6 to a United States district court for an order 

7 requiring that person to appear before the Com8 mission to give testimony, produce evidence, or 

9 both, relating to the matter under investigation. 

10 The application may be made within the judicial 

11 district where the hearing is conducted or where 

12 that person is found, resides, or transacts busi13 ness. Any failure to obey the order of the court 

14 may be punished by the court as civil contempt. 

15 (C) SERVICE OF SUBPOENAS.—The sub16 poenas of the Commission shall be served in the 

17 manner provided for subpoenas issued by a 

18 United States district court under the Federal 

19 Rules of Civil Procedure for the United States 

20 district courts. 

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

22 any court to which application is made under 

23 paragraph (2) may be served in the judicial dis24 trict in which the person required to be served 

25 resides or may be found. 


smartinez on DSK4TPTVNPROD with BILLS
7 

•HR 4874 IH

1 (d) PAY AND TRAVEL EXPENSES.— 

2 (1) PAY.— 

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

4 the chair, shall be paid at a rate equal to the 

5 daily equivalent of the minimum annual rate of 

6 basic pay payable for level IV of the Executive 

7 Schedule under section 5315 of title 5, United 

8 States Code, for each day (including travel 

9 time) during which the member is engaged in 

10 the actual performance of duties vested in the 

11 Commission. 

12 (B) CHAIR.—The chair shall be paid for 

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

14 rate equal to the daily equivalent of the min15 imum annual rate of basic pay payable for level 

16 III of the Executive Schedule under section 

17 5314 of title 5, United States Code. 

18 (2) TRAVEL EXPENSES.—Members shall receive 

19 travel expenses, including per diem in lieu of subsist20 ence, in accordance with sections 5702 and 5703 of 

21 title 5, United States Code. 

22 (e) DIRECTOR OF STAFF.— 

23 (1) IN GENERAL.—The Commission shall ap24 point a Director. 


smartinez on DSK4TPTVNPROD with BILLS
8 

•HR 4874 IH

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

2 rate of basic pay payable for level IV of the Execu3 tive Schedule under section 5315 of title 5, United 

4 States Code. 

5 (f) STAFF.— 

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

7 the Director, with the approval of the Commission, 

8 may appoint and fix the pay of additional personnel 

9 from the public and private sectors. 

10 (2) LIMITATIONS ON APPOINTMENT.—The Di11 rector may make such appointments without regard 

12 to the provisions of title 5, United States Code, gov13 erning appointments in the competitive service, and 

14 any personnel so appointed may be paid without re15 gard to the provisions of chapter 51 and subchapter 

16 III of chapter 53 of that title relating to classifica17 tion and General Schedule pay rates, except that an 

18 individual so appointed may not receive pay in ex19 cess of the annual rate of basic pay payable for GS– 

20 18 of the General Schedule. 

21 (3) AGENCY ASSISTANCE.—Following consulta22 tion with and upon request of the Director, the head 

23 of any Federal department or agency shall detail any 

24 of the personnel of that department or agency to the 


smartinez on DSK4TPTVNPROD with BILLS
9 

•HR 4874 IH

1 Commission to assist the Commission in carrying 

2 out its duties under this Act. 

3 (4) GAO AND OIRA ASSISTANCE.—The Comp4 troller General of the United States and the Admin5 istrator of the Office of Information and Regulatory 

6 Affairs shall provide assistance, including the detail7 ing of employees, to the Commission in accordance 

8 with an agreement entered into with the Commis9 sion. 

10 (5) ASSISTANCE FROM OTHER PARTIES.—Con11 gress, the States, municipalities, federally recognized 

12 Indian tribes, and local governments may provide as13 sistance, including the detailing of employees, to the 

14 Commission in accordance with an agreement en15 tered into with the Commission. 

16 (g) OTHER AUTHORITY.— 

17 (1) EXPERTS AND CONSULTANTS.—The Com18 mission may procure by contract, to the extent funds 

19 are available, the temporary or intermittent services 

20 of experts or consultants pursuant to section 3109 

21 of title 5, United States Code. 

22 (2) PROPERTY.—The Commission may lease 

23 space and acquire personal property to the extent 

24 funds are available. 

25 (h) DUTIES OF THE COMMISSION.— 


smartinez on DSK4TPTVNPROD with BILLS
10 

•HR 4874 IH

1 (1) IN GENERAL.—The Commission shall con2 duct a review of the Code of Federal Regulations to 

3 identify rules and sets of rules that collectively im4 plement a regulatory program that should be re5 pealed to lower the cost of regulation to the econ6 omy. The Commission shall give priority in its re7 view to rules or sets of rules that are major rules 

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

9 15 years, impose paperwork burdens that could be 

10 reduced substantially without significantly dimin11 ishing regulatory effectiveness, impose disproportion12 ately high costs on entities that qualify as small en13 tities within the meaning of section 601(6) of title 

14 5, United States Code, or could be strengthened in 

15 their effectiveness while reducing regulatory costs. 

16 The Commission shall have as its goal to achieve a 

17 reduction of at least 15 percent in the cumulative 

18 costs of Federal regulation with a minimal reduction 

19 in the overall effectiveness of such regulation. 

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

21 rules and sets of rules should be repealed to lower 

22 the cost of regulation to the economy, the Commis23 sion shall apply the following criteria: 

24 (A) Whether the original purpose of the 

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


smartinez on DSK4TPTVNPROD with BILLS
11 

•HR 4874 IH

1 or set of rules could be repealed without signifi2 cant recurrence of adverse effects or conduct 

3 that the rule or set of rules was intended to 

4 prevent or reduce. 

5 (B) Whether the implementation, compli6 ance, administration, enforcement or other costs 

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

8 not justified by the benefits to society within 

9 the United States produced by the expenditure 

10 of those costs. 

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

12 been rendered unnecessary or obsolete, taking 

13 into consideration the length of time since the 

14 rule was made and the degree to which tech15 nology, economic conditions, market practices, 

16 or other relevant factors have changed in the 

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

18 (D) Whether the rule or set of rules is in19 effective at achieving the rule or set’s purposes. 

20 (E) Whether the rule or set of rules over21 laps, duplicates, or conflicts with other Federal 

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

23 local governmental rules. 

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

25 excessive compliance costs or is otherwise excesVerDate Mar 15 2010 00:14 Jun 19, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4874.IH H4874

smartinez on DSK4TPTVNPROD with BILLS
12 

•HR 4874 IH

1 sively burdensome, as compared to alternatives 

2 that— 

3 (i) specify performance objectives 

4 rather than conduct or manners of compli5 ance; 

6 (ii) establish economic incentives to 

7 encourage desired behavior; 

8 (iii) provide information upon which 

9 choices can be made by the public; 

10 (iv) incorporate other innovative alter11 natives rather than agency actions that 

12 specify conduct or manners of compliance; 

13 or 

14 (v) could in other ways substantially 

15 lower costs without significantly under16 mining effectiveness. 

17 (G) Whether the rule or set of rules inhib18 its innovation in or growth of the United States 

19 economy, such as by impeding the introduction 

20 or use of safer or equally safe technology that 

21 is newer or more efficient than technology re22 quired by or permissible under the rule or set 

23 of rules. 

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

25 harms competition within the United States 


smartinez on DSK4TPTVNPROD with BILLS
13 

•HR 4874 IH

1 economy or the international economic competi2 tiveness of enterprises or entities based in the 

3 United States. 

4 (I) Such other criteria as the Commission 

5 devises to identify rules and sets of rules that 

6 can be repealed to eliminate or reduce unneces7 sarily burdensome costs to the United States 

8 economy. 

9 (3) METHODOLOGY FOR REVIEW.—The Com10 mission shall establish a methodology for conducting 

11 its review (including its overall review and discrete 

12 reviews of portions of the Code of Federal Regula13 tions), identifying rules and sets of rules, and 

14 classifying rules under this subsection and publish 

15 the terms of its methodology in the Federal Register 

16 and on an Internet Website of the Commission. The 

17 Commission may propose and seek public comment 

18 on the methodology before the methodology is estab19 lished. 

20 (4) CLASSIFICATION OF RULES AND SETS OF

21 RULES.— 

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

23 review of rules or sets of rules under paragraph 

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

25 set of rules identified in the review to qualify 


smartinez on DSK4TPTVNPROD with BILLS
14 

•HR 4874 IH

1 for recommended repeal as either a rule or set 

2 of rules— 

3 (i) on which immediate action to re4 peal is recommended; or 

5 (ii) that should be eligible for repeal 

6 under regulatory cut-go procedures under 

7 title II. 

8 (B) DECISIONS BY MAJORITY.—Each deci9 sion by the Commission to identify a rule or set 

10 of rules for classification under this paragraph, 

11 and each decision whether to classify the rule or 

12 set of rules under subparagraph (A)(i) or, in13 stead, subparagraph (A)(ii), shall be made by a 

14 simple majority vote of the Commission. No 

15 such vote shall take place until afer all mem16 bers of the Commission have been confirmed by 

17 the Senate. 

18 (5) INITIATION OF REVIEW BY OTHER PER19 SONS.— 

20 (A) IN GENERAL.—The Commission may 

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

22 and, if appropriate, classify under paragraph 

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

24 for review to the Commission by— 

25 (i) the President; 


smartinez on DSK4TPTVNPROD with BILLS
15 

•HR 4874 IH

1 (ii) a Member of Congress; 

2 (iii) any officer or employee of a Fed3 eral, State, local or tribal government, or 

4 regional governmental body; or 

5 (iv) any member of the public. 

6 (B) FORM OF SUBMISSION.—A submission 

7 to the Commission under this paragraph 

8 shall— 

9 (i) identify the specific rule or set of 

10 rules submitted for review; 

11 (ii) provide a statement of evidence to 

12 demonstrate that the rule or set of rules 

13 qualifies to be identified for repeal under 

14 the criteria listed in paragraph (2); and 

15 (iii) such other information as the 

16 submitter believes may be helpful to the 

17 Commission’s review, including a state18 ment of the submitter’s interest in the 

19 matter. 

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

21 (1) NOTICES OF AND REPORTS ON ACTIVI22 TIES.—The Commission shall publish, in the Federal 

23 Register and on an Internet Website of the Commis24 sion— 


smartinez on DSK4TPTVNPROD with BILLS
16 

•HR 4874 IH

1 (A) notices in advance of all public meet2 ings and hearings and classifications under sub3 section (h) informing the public of the basis, 

4 purpose and procedures for the meeting, hear5 ing or classification; and 

6 (B) reports after the conclusion of any 

7 public meeting, hearing, or classification under 

8 subsection (h) summarizing in detail the basis, 

9 purpose and substance of the meeting, hearing, 

10 or classification. 

11 (2) ANNUAL REPORTS TO CONGRESS.—Each 

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

13 the date by which all Commission members have 

14 been confirmed by the Senate, the Commission shall 

15 submit a report simultaneously to each House of 

16 Congress detailing the activities of the Commission 

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

18 of rules classified under subsection (h) during that 

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

20 Commission shall— 

21 (A) identify the agency that made the rule 

22 or set of rules; 

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

24 set of rules to the United States economy and 


smartinez on DSK4TPTVNPROD with BILLS
17 

•HR 4874 IH

1 the bases upon which the Commission identified 

2 that cost; 

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

4 was classified under subsection (h)(4)(A)(i) or 

5 (h)(4)(A)(ii); 

6 (D) identify the criteria under subsection 

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

8 or set of rules and the bases upon which the 

9 Commission determined that those criteria were 

10 met; 

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

12 under the criteria set forth in section 101(h)(2) 

13 (B), (D), (F), (G), or (H), or other criteria es14 tablished by the Commission under subsection 

15 (h)(2)(I) under which the Commission evalu16 ated alternatives to the rule or set of rules that 

17 could lead to lower regulatory costs, identify al18 ternatives to the rule or set of rules that the 

19 Commission recommends the agency consider as 

20 replacements for the rule or set of rules and the 

21 bases on which the Commission rests its rec22 ommendations, and, in identifying such alter23 natives, emphasize alternatives that will achieve 

24 regulatory effectiveness at the lowest cost and 

25 with the lowest adverse impacts on jobs; 


smartinez on DSK4TPTVNPROD with BILLS
18 

•HR 4874 IH

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

2 under the criteria set forth in section 

3 101(h)(2)(E), the other Federal, State or local 

4 governmental rules that the Commission found 

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

6 conflict with, and the bases for the Commis7 sion’s findings; and 

8 (G) in the case of each set of rules so list9 ed, analyze whether Congress should also con10 sider repeal of the statutory authority imple11 mented by the set of rules. 

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

13 on which the Commission members’ appointments 

14 expire, the Commission shall submit a final report 

15 simultaneously to each House of Congress summa16 rizing all activities and recommendations of the 

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

18 rules the Commission classified under subparagraph 

19 (h)(4)(A)(i) for immediate action to repeal, a sepa20 rate list of all rules or sets of rules the Commission 

21 classified under subparagraph (h)(4)(A)(ii) for re22 peal, and with regard to each rule or set of rules 

23 listed on either list, the information described in 

24 subparagraphs (A) through (F) of paragraph (2). 

25 This report may be included in the final annual reVerDate Mar 15 2010 00:14 Jun 19, 2014 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4874.IH H4874

smartinez on DSK4TPTVNPROD with BILLS
19 

•HR 4874 IH

1 port of the Commission under paragraph (2) and 

2 may include the Commission’s recommendation 

3 whether the Commission should be reauthorized by 

4 Congress. 

5 (j) REPEAL OF REGULATIONS; CONGRESSIONAL

6 CONSIDERATION OF COMMISSION REPORTS.— 

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

8 (A) the head of each agency with authority 

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

10 Commission under subparagraph (h)(4)(A)(i) 

11 for immediate action to repeal and newly listed 

12 as such in an annual or final report of the 

13 Commission under subsection (i) (2) or (3) 

14 shall repeal the rule or set of rules as rec15 ommended by the Commission within 60 days 

16 after the enactment of a joint resolution under 

17 paragraph (2) for approval of the recommenda18 tions of the Commission in the report; and 

19 (B) the head of each agency with authority 

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

21 Commission under subparagraph (h)(4)(A)(ii) 

22 for repeal and newly listed as such in an annual 

23 or final report of the Commission under sub24 section (i) (2) or (3) shall repeal the rule or set 

25 of rules as recommended by the Commission 


smartinez on DSK4TPTVNPROD with BILLS
20 

•HR 4874 IH

1 pursuant to section 201, following the enact2 ment of a joint resolution under paragraph (2) 

3 for approval of the recommendations of the 

4 Commission in the report. 

5 (2) CONGRESSIONAL APPROVAL.— 

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

7 described in paragraph (1) shall be required by 

8 this Act to carry out a repeal listed by the 

9 Commission in a report transmitted to Congress 

10 under subsection (i) (2) or (3) until a joint res11 olution is enacted, in accordance with the provi12 sions of subparagraph (B), approving such rec13 ommendations of the Commission for repeal. 

14 (B) TERMS OF THE RESOLUTION.—For 

15 purposes of paragraph (A), the term ‘‘joint res16 olution’’ means only a joint resolution which is 

17 introduced after the date on which the Commis18 sion transmits to the Congress under subsection 

19 (i) (2) or (3) the report containing the rec20 ommendations to which the resolution pertains, 

21 and— 

22 (i) which does not have a preamble; 

23 (ii) the matter after the resolving 

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

25 Congress approves the recommendations 


smartinez on DSK4TPTVNPROD with BILLS
21 

•HR 4874 IH

1 for repeal of the Retrospective Regulatory 

2 Review Commission as submitted by the 

3 Commission on llll’’, the blank 

4 space being filled in with the appropriate 

5 date; and 

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

7 ‘‘Approving recommendations for repeal of 

8 the Retrospective Regulatory Review Com9 mission.’’. 

10 (k) TRANSFER OF FUNDS FROM REGULATORY

11 AGENCIES.—Of the unobligated amounts made available 

12 in future fiscal years for each agency that makes rules 

13 subject to review by the Commission, up to 1 percent or 

14 $25,000,000, whichever is greater, shall be available for 

15 the Commission. 

16 (l) CONSULTATION BETWEEN THE CHAIRMAN AND

17 THE DIRECTOR.—The Chairman of the Commission shall 

18 consult with the Director of the Office of Management and 

19 Budget before making requests for agency funds under 

20 paragraph (j). 

21 TITLE II—REGULATORY CUT-GO 

22 SEC. 201. CUT-GO PROCEDURES. 

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

24 101(j)(2)(A) or section 202, an agency, when the agency 

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


smartinez on DSK4TPTVNPROD with BILLS
22 

•HR 4874 IH

1 that agency classified by the Commission under section 

2 101(h)(4)(A)(ii), such that the annual costs of the new 

3 rule to the United States economy is offset by such re4 peals, in an amount equal to or greater than the cost of 

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

6 repeal identified by the Commission. 

7 (b) ALTERNATIVE PROCEDURE.—An agency may, al8 ternatively, repeal rules or sets of rules of that agency 

9 classified by the Commission under section 

10 101(h)(4)(A)(ii) prior to the time specified in subsection 

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

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

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

14 agency may thereafter apply the reduction in regulatory 

15 costs, based on the regulatory cost reductions of repeal 

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

17 the regulatory cost reduction required under subsection 

18 (a) of this section to be made at the time the agency pro19 mulgates a new rule. 

20 (c) ACHIEVEMENT OF FULL NET COST REDUC21 TIONS.— 

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

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

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

25 of rules listed by the Commission under section 


smartinez on DSK4TPTVNPROD with BILLS
23 

•HR 4874 IH

1 101(h)(4)(A)(ii) that implement the same statutory 

2 authority as the new rule or set of rules. 

3 (2) LIMITATION.—When using the authority 

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

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

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

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

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

9 whenever necessary, by repealing additional rules of 

10 the agency listed by the Commission under section 

11 101(h)(4)(A)(ii). 

12 SEC. 202. APPLICABILITY. 

13 An agency shall no longer be subject to the require14 ments of sections 201 and 203 beginning on the date that 

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

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

17 not been repealed such that all regulatory cost reductions 

18 identified by the Commission to be achievable through re19 peal have been achieved. 

20 SEC. 203. OIRA CERTIFICATION OF COST CALCULATIONS. 

21 The Administrator of the Office of Information and 

22 Regulatory Affairs of the Office of Management and 

23 Budget shall review and certify the accuracy of agency de24 terminations of the costs of new rules under section 201. 

25 The certification shall be included in the administrative 


smartinez on DSK4TPTVNPROD with BILLS
24 

•HR 4874 IH

1 record of the relevant rulemaking by the agency promul2 gating the rule, and the Administrator shall transmit a 

3 copy of the certification to Congress when it transmits the 

4 certification to the agency. 

5 TITLE III—RETROSPECTIVE 

6 REVIEW OF NEW RULES 

7 SEC. 301. PLAN FOR FUTURE REVIEW. 

8 When an agency makes a rule, the agency shall in9 clude in the final issuance of such rule a plan for the re10 view of such rule by not later than 10 years after the date 

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

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

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

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

15 include other procedures and standards to enable the 

16 agency to determine whether to repeal or amend the rule 

17 to eliminate unnecessary regulatory costs to the economy. 

18 Whenever feasible, the agency shall include a proposed 

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

20 rulemaking and shall receive public comment on the plan. 

21 TITLE IV—JUDICIAL REVIEW 

22 SEC. 401. JUDICIAL REVIEW. 

23 (a) IMMEDIATE REPEALS.—Agency compliance with 

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

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


smartinez on DSK4TPTVNPROD with BILLS
25 

•HR 4874 IH

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

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

3 chapter 7 of title 5, United States Code. 

4 (c) PLANS FOR FUTURE REVIEW.—Agency compli5 ance with section 301 shall be subject to judicial review 

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

7 TITLE V—MISCELLANEOUS 

8 PROVISIONS 

9 SEC. 501. DEFINITIONS. 

10 In this Act: 

11 (1) The term ‘‘agency’’ has the meaning given 

12 such term in section 551 of title 5, United States 

13 Code. 

14 (2) The term ‘‘Commission’’ means the Retro15 spective Regulatory Review Commission established 

16 under section 101. 

17 (3) The term ‘‘major rule’’ means any rule that 

18 the Administrator of the Office of Information and 

19 Regulatory Affairs determines is likely to impose— 

20 (A) an annual cost on the economy of 

21 $100,000,000 or more, adjusted annually for 

22 inflation; 

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

24 consumers, individual industries, Federal, 


smartinez on DSK4TPTVNPROD with BILLS
26 

•HR 4874 IH

1 State, local, or tribal government agencies, or 

2 geographic regions; 

3 (C) significant adverse effects on competi4 tion, employment, investment, productivity, in5 novation, or on the ability of United States6 based enterprises to compete with foreign-based 

7 enterprises in domestic and export markets; or 

8 (D) significant impacts on multiple sectors 

9 of the economy. 

10 (4) The term ‘‘set of rules’’ means a set of 

11 rules that collectively implements a regulatory au12 thority of an agency. 

13 (5) The term ‘‘rule’’ has the meaning given 

14 such term in section 551 of title 5, United States 

15 Code. 

16 SEC. 502. EFFECTIVE DATE. 

17 This Act and the amendments made by this Act shall 

18 take effect beginning on the date of enactment. 

Æ 


smartinez on DSK4TPTVNPROD with BILLS