I 

118TH CONGRESS 

1ST SESSION H. R. 5595 

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 

SEPTEMBER 20, 2023 

Mrs. HINSON (for herself and Mr. SMITH of Missouri) introduced the following 

bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Committee on the Judiciary, 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; 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 2023’’ or the ‘‘SCRUB Act of 

7 2023’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Office of In7 formation and Regulatory Affairs of the Office of 

8 Management and Budget. 

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

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

11 United States Code. 

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

13 means the Retrospective Regulatory Review Commis14 sion established under section 101(a). 


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

2 means any rule that the Administrator determines is 

3 likely to impose— 

4 (A) an annual cost on the economy of 

5 $100,000,000 or more, adjusted annually for 

6 inflation; 

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

8 consumers, individual industries, Federal, 

9 State, local, or Tribal government agencies, or 

10 geographic regions; 

11 (C) significant adverse effects on competi12 tion, employment, investment, productivity, in13 novation, or on the ability of United States14 based enterprises to compete with foreign-based 

15 enterprises in domestic and export markets; or 

16 (D) significant impacts on multiple sectors 

17 of the economy. 

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

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

20 States Code. 

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

22 means a set of rules that collectively implements a 

23 regulatory authority of an agency. 


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1 TITLE I—RETROSPECTIVE REGU2 LATORY REVIEW COMMIS3 SION 

4 SEC. 101. RETROSPECTIVE REGULATORY REVIEW COMMIS5 SION. 

6 (a) ESTABLISHMENT.—There is established a com7 mission, to be known as the ‘‘Retrospective Regulatory Re8 view Commission’’, that shall review rules and sets of rules 

9 in accordance with specified criteria to determine if a rule 

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

11 the costs of regulation to the economy. 

12 (b) MEMBERSHIP.— 

13 (1) NUMBER.—The Commission shall be com14 posed of 9 members who shall be appointed by the 

15 President and confirmed by the Senate. 

16 (2) DATE OF APPOINTMENT.—Each member 

17 shall be appointed not later than 180 days after the 

18 date of enactment of this Act. 

19 (3) TERM.—The term of each member shall 

20 commence upon the confirmation of the member by 

21 the Senate and shall extend to the later of— 

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

23 after the date of enactment of this Act; or 


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

2 by which all members have been confirmed by 

3 the Senate. 

4 (4) APPOINTMENT.—The members of the Com5 mission shall be appointed as follows: 

6 (A) CHAIR.—The President shall appoint 

7 as the Chair of the Commission an individual 

8 with expertise and experience in rulemaking, 

9 such as past Administrators, past chairmen of 

10 the Administrative Conference of the United 

11 States, and other individuals with similar exper12 tise and experience in rulemaking affairs and 

13 the administration of regulatory reviews. 

14 (B) CANDIDATE LIST OF MEMBERS.— 

15 (i) IN GENERAL.—The Speaker of the 

16 House of Representatives, the Minority 

17 Leader of the House of Representatives, 

18 the Majority Leader of the Senate, and the 

19 Minority Leader of the Senate shall each 

20 present to the President a list of can21 didates to be members of the Commission, 

22 which individuals shall be learned in rule23 making affairs and, preferably, administra24 tion of regulatory reviews. 


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1 (ii) APPOINTMENT FROM LIST.—The 

2 President shall appoint 2 members of the 

3 Commission from each list provided under 

4 clause (i), subject to the provisions of sub5 paragraph (C). 

6 (C) RESUBMISSION OF CANDIDATE.—The 

7 President may request from the presenter of a 

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

9 or more candidates if the President— 

10 (i) determines that any candidate on 

11 the list presented pursuant to subpara12 graph (B)(i) does not meet the qualifica13 tions specified in such subparagraph to be 

14 a member of the Commission; and 

15 (ii) certifies that determination to the 

16 congressional officials specified in subpara17 graph (B)(i). 

18 (c) POWERS AND AUTHORITIES OF THE COMMIS19 SION.— 

20 (1) MEETINGS AND HEARINGS.— 

21 (A) MEETINGS.—The Commission may 

22 meet when, where, and as often as the Commis23 sion determines appropriate, except that the 

24 Commission shall hold public meetings not less 

25 than twice each year. 


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1 (B) HEARINGS.—In addition to meetings 

2 held under subparagraph (A), the Commission 

3 may hold hearings to consider issues of fact or 

4 law relevant to the work of the Commission. 

5 (2) ACCESS TO INFORMATION.— 

6 (A) IN GENERAL.—The Commission may 

7 secure directly from any agency information 

8 and documents necessary to enable the Com9 mission to carry out this Act. 

10 (B) TIMELINE FOR PROVIDING INFORMA11 TION.—Upon request of the Chair of the Com12 mission, the head of that agency shall furnish 

13 that information or document to the Commis14 sion as soon as possible, but not later than 2 

15 weeks after the date on which the request was 

16 made. 

17 (3) 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. 

23 (B) JURISDICTION.—The attendance of 

24 witnesses and the production of evidence may 

25 be required from any place within the United 


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1 States at any designated place of hearing within 

2 the United States. 

3 (C) FAILURE TO OBEY A SUBPOENA.— 

4 (i) IN GENERAL.—If a person refuses 

5 to obey a subpoena issued under subpara6 graph (A), the Commission may apply to a 

7 United States district court for an order 

8 requiring that person to appear before the 

9 Commission to give testimony, produce evi10 dence, or both, relating to the matter 

11 under investigation. 

12 (ii) COURT OF JURISDICTION FOR AP13 PLICATION.—The application may be made 

14 within the judicial district where the hear15 ing is conducted or where that person is 

16 found, resides, or transacts business. 

17 (iii) PENALTY.—Any failure to obey 

18 the order of the court may be punished by 

19 the court as civil contempt. 

20 (D) SERVICE OF SUBPOENAS.—The sub21 poenas of the Commission shall be served in the 

22 manner provided for subpoenas issued by a 

23 United States district court under the Federal 

24 Rules of Civil Procedure for the United States 

25 district courts. 


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1 (E) SERVICE OF PROCESS.—All process of 

2 any court to which application is made under 

3 subparagraph (C) may be served in the judicial 

4 district in which the person required to be 

5 served resides or may be found. 

6 (d) PAY AND TRAVEL EXPENSES.— 

7 (1) PAY.— 

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

9 the Chair of the Commission, shall be paid at 

10 a rate equal to the daily equivalent of the min11 imum annual rate of basic pay payable for level 

12 IV of the Executive Schedule under section 

13 5315 of title 5, United States Code, for each 

14 day (including travel time) during which the 

15 member is engaged in the actual performance of 

16 duties vested in the Commission. 

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

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

19 rate equal to the daily equivalent of the min20 imum annual rate of basic pay payable for level 

21 III of the Executive Schedule under section 

22 5314 of title 5, United States Code. 

23 (2) TRAVEL EXPENSES.—Members shall receive 

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1 ence, in accordance with sections 5702 and 5703 of 

2 title 5, United States Code. 

3 (e) DIRECTOR OF STAFF.— 

4 (1) IN GENERAL.—The Commission shall ap5 point a Director. 

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

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

8 Schedule under section 5316 of title 5, United 

9 States Code. 

10 (f) STAFF.— 

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

12 the Director, with the approval of the Commission, 

13 may appoint, fix the pay of, and terminate addi14 tional personnel. 

15 (2) LIMITATIONS ON APPOINTMENT.—The Di16 rector may make such appointments without regard 

17 to the provisions of title 5, United States Code, gov18 erning appointments in the competitive service, and 

19 any personnel so appointed may be paid without re20 gard to the provisions of chapter 51 and subchapter 

21 III of chapter 53 of that title relating to classifica22 tion and General Schedule pay rates, except that an 

23 individual so appointed may not receive pay in ex24 cess of the annual rate of basic pay payable for GS– 

25 15 of the General Schedule. 


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1 (3) AGENCY ASSISTANCE.—Following consulta2 tion with and upon request of the Chair of the Com3 mission, the head of any agency may detail any of 

4 the personnel of that agency to the Commission to 

5 assist the Commission in carrying out the duties of 

6 the Commission under this Act. 

7 (4) GAO AND OIRA ASSISTANCE.—The Comp8 troller General of the United States and the Admin9 istrator shall provide assistance, including the detail10 ing of employees, to the Commission in accordance 

11 with an agreement entered into with the Commis12 sion. 

13 (5) ASSISTANCE FROM OTHER PARTIES.—Con14 gress, the States, municipalities, federally recognized 

15 Indian Tribes, and local governments may provide 

16 assistance, including the detailing of employees, to 

17 the Commission in accordance with an agreement 

18 entered into with the Commission. 

19 (g) OTHER AUTHORITY.— 

20 (1) EXPERTS AND CONSULTANTS.—The Com21 mission may procure by contract, to the extent funds 

22 are available, the temporary or intermittent services 

23 of experts or consultants pursuant to section 3109 

24 of title 5, United States Code. 


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1 (2) PROPERTY.—The Commission may lease 

2 space and acquire personal property to the extent 

3 funds are available. 

4 (h) DUTIES OF THE COMMISSION.— 

5 (1) REVIEW.— 

6 (A) IN GENERAL.—The Commission shall 

7 conduct a review of the Code of Federal Regu8 lations to identify rules and sets of rules that 

9 collectively implement a regulatory program 

10 that should be repealed to lower the cost of reg11 ulation to the economy. 

12 (B) PRIORITY.—The Commission shall give 

13 priority in the review to rules or sets of rules 

14 that are major rules or include major rules, 

15 have been in effect more than 15 years, impose 

16 paperwork burdens that could be reduced sub17 stantially without significantly diminishing reg18 ulatory effectiveness, impose disproportionately 

19 high costs on entities that qualify as small enti20 ties within the meaning of section 601(6) of 

21 title 5, United States Code, or could be 

22 strengthened in their effectiveness while reduc23 ing regulatory costs. 

24 (C) GOAL.—The Commission shall have as 

25 a goal of the Commission to achieve a reduction 


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1 of at least 15 percent in the cumulative costs 

2 of Federal regulation with a minimal reduction 

3 in the overall effectiveness of such regulation. 

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

5 rules and sets of rules should be repealed to lower 

6 the cost of regulation to the economy, the Commis7 sion shall apply the following criteria: 

8 (A) Whether the original purpose of the 

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

10 or set of rules could be repealed without signifi11 cant recurrence of adverse effects or conduct 

12 that the rule or set of rules was intended to 

13 prevent or reduce. 

14 (B) Whether the implementation, compli15 ance, administration, enforcement or other costs 

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

17 not justified by the benefits to society within 

18 the United States produced by the expenditure 

19 of those costs. 

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

21 been rendered unnecessary or obsolete, taking 

22 into consideration the length of time since the 

23 rule was made and the degree to which tech24 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.— 

22 (A) IN GENERAL.—The Commission shall 

23 establish a methodology for conducting the re24 view under this subsection (including an overall 

25 review and discrete reviews of portions of the 


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1 Code of Federal Regulations), identifying rules 

2 and sets of rules, and classifying rules under 

3 this subsection and publish the terms of the 

4 methodology in the Federal Register and on the 

5 website of the Commission. 

6 (B) PUBLIC COMMENT.—The Commission 

7 may propose and seek public comment on the 

8 methodology before the methodology is estab9 lished. 

10 (4) CLASSIFICATION OF RULES AND SETS OF

11 RULES.— 

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

13 review of rules or sets of rules under paragraph 

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

15 set of rules identified in the review to qualify 

16 for recommended repeal as either a rule or set 

17 of rules— 

18 (i) on which immediate action to re19 peal is recommended; or 

20 (ii) that should be eligible for repeal 

21 under regulatory cut-go procedures under 

22 title II. 

23 (B) DECISIONS BY MAJORITY.— 

24 (i) IN GENERAL.—Each decision by 

25 the Commission to identify a rule or set of 


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1 rules for classification under this para2 graph, and each decision whether to clas3 sify the rule or set of rules under clause (i) 

4 or (ii) of subparagraph (A), shall be made 

5 by a simple majority vote of the Commis6 sion. 

7 (ii) REQUIREMENT FOR VOTE.—No 

8 such vote shall take place until after all 

9 members of the Commission have been 

10 confirmed by the Senate. 

11 (5) INITIATION OF REVIEW BY OTHER PER12 SONS.— 

13 (A) IN GENERAL.—The Commission may 

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

15 and, if appropriate, classify under paragraph 

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

17 for review to the Commission by— 

18 (i) the President; 

19 (ii) a Member of Congress; 

20 (iii) any officer or employee of a Fed21 eral, State, local, or Tribal government, or 

22 regional governmental body; or 

23 (iv) any member of the public. 


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1 (B) FORM OF SUBMISSION.—A submission 

2 to the Commission under this paragraph 

3 shall— 

4 (i) identify the specific rule or set of 

5 rules submitted for review; 

6 (ii) provide a statement of evidence to 

7 demonstrate that the rule or set of rules 

8 qualifies to be identified for repeal under 

9 the criteria listed in paragraph (2); and 

10 (iii) such other information as the 

11 submitter believes may be helpful to the re12 view by the Commission, including a state13 ment of the interest of the submitter in the 

14 matter. 

15 (C) PUBLIC AVAILABILITY.—The Commis16 sion shall make each submission received under 

17 this paragraph available on the website of the 

18 Commission as soon as possible, but not later 

19 than 1 week after the date on which the sub20 mission was received. 

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

22 (1) NOTICES OF AND REPORTS ON ACTIVI23 TIES.—The Commission shall publish, in the Federal 

24 Register and on the website of the Commission— 


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1 (A) notices in advance of all public meet2 ings, 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.— 

12 (A) IN GENERAL.—Not later than 1 year 

13 after the date on which all Commission mem14 bers have been confirmed by the Senate, and 

15 annually thereafter, the Commission shall sub16 mit a report simultaneously to each House of 

17 Congress detailing the activities of the Commis18 sion for the previous year, and listing all rules 

19 and sets of rules classified under subsection (h) 

20 during that year. 

21 (B) INFORMATION INCLUDED.—For each 

22 rule or set of rules listed under subparagraph 

23 (A), the Commission shall— 

24 (i) identify the agency that made the 

25 rule or set of rules; 


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1 (ii) identify the annual cost of the rule 

2 or set of rules to the United States econ3 omy and the basis upon which the Com4 mission identified that cost; 

5 (iii) identify whether the rule or set of 

6 rules was classified under clause (i) or 

7 clause (ii) of subsection (h)(4)(A); 

8 (iv) identify the criteria under sub9 section (h)(2) that caused the classification 

10 of the rule or set of rules and the basis 

11 upon which the Commission determined 

12 that those criteria were met; 

13 (v) for each rule or set of rules listed 

14 under the criteria set forth in subpara15 graph (B), (D), (F), (G), or (H) of sub16 section (h)(2), or other criteria established 

17 by the Commission under subparagraph (I) 

18 of such subsection under which the Com19 mission evaluated alternatives to the rule 

20 or set of rules that could lead to lower reg21 ulatory costs, identify alternatives to the 

22 rule or set of rules that the Commission 

23 recommends the agency consider as re24 placements for the rule or set of rules and 

25 the basis on which the Commission rests 


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1 the recommendations, and, in identifying 

2 such alternatives, emphasize alternatives 

3 that will achieve regulatory effectiveness at 

4 the lowest cost and with the lowest adverse 

5 impacts on jobs; 

6 (vi) for each rule or set of rules listed 

7 under the criteria set forth in subsection 

8 (h)(2)(E), the other Federal, State, or 

9 local governmental rules that the Commis10 sion found the rule or set of rules to over11 lap, duplicate, or conflict with, and the 

12 basis for the findings of the Commission; 

13 and 

14 (vii) in the case of each set of rules so 

15 listed, analyze whether Congress should 

16 also consider repeal of the statutory au17 thority implemented by the set of rules. 

18 (3) FINAL REPORT.— 

19 (A) IN GENERAL.—Not later than the date 

20 on which the appointments of the members of 

21 the Commission expire, the Commission shall 

22 submit a final report simultaneously to each 

23 House of Congress summarizing all activities 

24 and recommendations of the Commission, in25 cluding a list of all rules or sets of rules the 


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1 Commission classified under clause (i) of sub2 section (h)(4)(A) for immediate action to re3 peal, a separate list of all rules or sets of rules 

4 the Commission classified under clause (ii) of 

5 subsection (h)(4)(A) for repeal, and with regard 

6 to each rule or set of rules listed on either list, 

7 the information described in subparagraphs (A) 

8 through (F) of subsection (h)(2). 

9 (B) INCLUSION IN FINAL REPORT.—The 

10 report required under subparagraph (A) may be 

11 included in the final annual report of the Com12 mission under paragraph (2) and may include 

13 the recommendation of the Commission as to 

14 whether the Commission should be reauthorized 

15 by Congress. 

16 (j) REPEAL OF REGULATIONS; CONGRESSIONAL

17 CONSIDERATION OF COMMISSION REPORTS.— 

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

19 (A) the head of each agency with authority 

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

21 Commission under subsection (h)(4)(A)(i) for 

22 immediate action to repeal and newly listed as 

23 such in an annual or final report of the Com24 mission under paragraph (2) or (3) of sub25 section (i) shall repeal the rule or set of rules 


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1 as recommended by the Commission within 60 

2 days after the enactment of a joint resolution 

3 under paragraph (2) for approval of the rec4 ommendations of the Commission in the report; 

5 and 

6 (B) the head of each agency with authority 

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

8 Commission under subsection (h)(4)(A)(ii) for 

9 repeal and newly listed as such in an annual or 

10 final report of the Commission under paragraph 

11 (2) or (3) of subsection (i) shall repeal the rule 

12 or set of rules as recommended by the Commis13 sion pursuant to section 201, following the en14 actment of a joint resolution under paragraph 

15 (2) for approval of the recommendations of the 

16 Commission in the report. 

17 (2) CONGRESSIONAL APPROVAL PROCE18 DURES.— 

19 (A) DEFINITION.—For purposes of this 

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

21 only a joint resolution— 

22 (i) which is introduced after the date 

23 on which the Commission transmits to 

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

25 subsection (i) the report containing the 


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1 recommendations to which the joint resolu2 tion pertains; 

3 (ii) which does not have a preamble; 

4 (iii) the matter after the resolving 

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

6 Congress approves the recommendations 

7 for repeal of the Retrospective Regulatory 

8 Review Commission as submitted by the 

9 Commission on llll’’, the blank 

10 space being filled in with the appropriate 

11 date; and 

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

13 ‘‘Approving recommendations for repeal of 

14 the Retrospective Regulatory Review Com15 mission.’’. 

16 (B) INTRODUCTION OF JOINT RESOLU17 TION.—Not later than 5 session days after the 

18 date on which a House of Congress receives a 

19 report transmitted to Congress under para20 graph (2) or (3) of subsection (i), the majority 

21 leader of that House (or his or her respective 

22 designee) shall introduce, by request, a joint 

23 resolution described in subparagraph (A). 

24 (C) REFERRAL OF JOINT RESOLUTION.— 


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1 (i) IN GENERAL.—A joint resolution 

2 introduced under subparagraph (B) shall 

3 be referred to— 

4 (I) the Committee on Homeland 

5 Security and Governmental Affairs of 

6 the Senate, in the case of a joint reso7 lution introduced in the Senate; and 

8 (II) the Committee on Oversight 

9 and Accountability of the House of 

10 Representatives, in the case of a joint 

11 resolution introduced in the House of 

12 Representatives. 

13 (ii) REPORT TO FULL HOUSE.—Not 

14 later than 30 days after the date on which 

15 a joint resolution is introduced under sub16 paragraph (B), the committees to which 

17 the joint resolution has been referred 

18 under clause (i) shall each report the joint 

19 resolution— 

20 (I) without any revision or 

21 amendment; and 

22 (II) with a favorable rec23 ommendation, an unfavorable rec24 ommendation, or without rec25 ommendation. 


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1 (iii) FAILURE TO REPORT.—If a com2 mittee fails to report a joint resolution 

3 within the period described in clause (ii), 

4 the committee shall be automatically dis5 charged from consideration of the joint 

6 resolution and the joint resolution shall be 

7 placed on the appropriate calendar. 

8 (D) SENATE PROCEDURES.— 

9 (i) IN GENERAL.—In the Senate, 

10 when the committee to which a joint reso11 lution described in subparagraph (A) is re12 ferred has reported the joint resolution 

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

14 committee is discharged under subpara15 graph (C)(iii) from further consideration of 

16 the joint resolution, it is at any time there17 after in order for a motion to proceed to 

18 consideration of the joint resolution, and 

19 all points of order against the joint resolu20 tion and against consideration of the joint 

21 resolution are waived. 

22 (ii) DEBATE ON MOTION TO PRO23 CEED.— 

24 (I) IN GENERAL.—In the Senate, 

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1 olution is non-debatable and is not 

2 subject to amendment, a motion to 

3 postpone, or to a motion to proceed to 

4 the consideration of other business. 

5 (II) MOTION TO RECONSIDER.— 

6 A motion to reconsider the vote by 

7 which the motion is agreed to or dis8 agreed to shall not be in order. 

9 (III) VOTE ON MOTION TO PRO10 CEED.—A vote on the motion to pro11 ceed shall occur upon the expiration 

12 or yielding back of the time for debate 

13 without any further debate or any in14 tervening motion or other action. 

15 (IV) REPEATED MOTIONS.—Re16 peated motions to proceed to the joint 

17 resolution are in order, if necessary. 

18 (V) UNFINISHED BUSINESS.—If 

19 a motion to proceed to the consider20 ation of the joint resolution is agreed 

21 to, the joint resolution shall remain 

22 the unfinished business of the Senate 

23 until disposed of. 

24 (iii) DEBATE ON JOINT RESOLU25 TION.— 


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1 (I) IN GENERAL.—In the Senate, 

2 debate on the joint resolution shall be 

3 limited to not more than 30 hours, 

4 which shall be divided equally between 

5 those favoring and those opposing the 

6 joint resolution. 

7 (II) AMENDMENT.—An amend8 ment to the joint resolution or any 

9 motion, including a motion to recom10 mit, is not in order. 

11 (iv) VOTE ON FINAL PASSAGE.—In 

12 the Senate, the third reading of the joint 

13 resolution shall be considered to have oc14 curred and a vote on final passage shall 

15 occur immediately upon the expiration or 

16 yielding back of the time for debate with17 out any intervening motion or other action. 

18 (v) VETO OVERRIDE.— 

19 (I) PRESIDENTIAL VETO.— 

20 (aa) IN GENERAL.—If the 

21 President vetoes a joint resolu22 tion described in subparagraph 

23 (A), in the Senate, upon receipt 

24 of the veto message from the 

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1 resentatives, the veto message 

2 shall be considered as read, 

3 printed in the Congressional 

4 Record, and entered in the Sen5 ate Journal. 

6 (bb) PROCEED TO CONSID7 ERATION.—The Senate shall im8 mediately proceed to consider9 ation of whether to pass the joint 

10 resolution, the objections of the 

11 President notwithstanding. 

12 (II) DEBATE.—In the Senate, 

13 debate on a veto message shall be lim14 ited to not more than 30 hours, which 

15 shall be divided equally between those 

16 favoring and those opposing the joint 

17 resolution, and any motion, including 

18 a motion to table, to refer to a com19 mittee, or to proceed to another meas20 ure, is not in order. 

21 (III) VOTE.—In the Senate, a 

22 vote to override a veto shall occur im23 mediately upon the expiration or 

24 yielding back of the time for debate 


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•HR 5595 IH

1 without any intervening motion or 

2 other action. 

3 (E) HOUSE OF REPRESENTATIVES PROCE4 DURES.— 

5 (i) IN GENERAL.—In the House of 

6 Representatives, the Speaker of the House 

7 of Representatives shall declare the House 

8 resolved into a Committee of the Whole 

9 immediately after approval of the Journal 

10 on the day after the committee to which a 

11 joint resolution described in subparagraph 

12 (A) was referred reports the joint resolu13 tion under subparagraph (C)(ii) or is dis14 charged from consideration of the joint 

15 resolution under subparagraph (C)(iii). 

16 (ii) POINTS OF ORDER.—All points of 

17 order against the joint resolution and 

18 against consideration of the joint resolu19 tion are waived. 

20 (iii) DEBATE.— 

21 (I) IN GENERAL.—In the House 

22 of Representatives, debate on the joint 

23 resolution shall be limited to not more 

24 than 30 hours, which shall be divided 


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1 equally between those favoring and 

2 those opposing the joint resolution. 

3 (II) AMENDMENT.—An amend4 ment to the joint resolution or any 

5 motion, including a motion to recom6 mit, is not in order. 

7 (III) CONSIDERATION OF PRE8 VIOUS QUESTION.—When the joint 

9 resolution is called up, the previous 

10 question shall be considered as or11 dered to its passage without inter12 vening motion upon the expiration or 

13 yielding back of the time for debate 

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

16 (F) PROCEDURES WITH DUPLICATE JOINT

17 RESOLUTIONS.—If, before passing a joint reso18 lution described in subparagraph (A), 1 House 

19 of Congress receives from the other a joint reso20 lution having the same text, then— 

21 (i) the joint resolution of the other 

22 House shall not be referred to a com23 mittee; and 

24 (ii) the receiving House shall consider 

25 the joint resolution of the other House as 


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•HR 5595 IH

1 if the committee of the receiving House to 

2 which the joint resolution would have been 

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

4 reported the joint resolution under sub5 paragraph (C)(ii) or was discharged from 

6 consideration of the joint resolution under 

7 subparagraph (C)(iii). 

8 (3) REISSUANCE OF RULES.— 

9 (A) NO SUBSTANTIALLY SIMILAR RULE TO

10 BE REISSUED.—A rule that is repealed under 

11 paragraph (1) or section 201 may not be re12 issued in substantially the same form, and a 

13 new rule that is substantially the same as such 

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

15 new rule is specifically authorized by a law en16 acted after the date of the joint resolution ap17 proving the recommendation of the Commission 

18 to repeal the original rule. 

19 (B) AGENCY TO ENSURE AVOIDANCE OF

20 SIMILAR DEFECTS.—An agency, in making any 

21 new rule to implement statutory authority pre22 viously implemented by a rule repealed under 

23 paragraph (1) or section 201, shall assure 

24 that— 


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•HR 5595 IH

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

2 same adverse effects of the repealed rule 

3 that caused the Commission to recommend 

4 to Congress the repeal of the latter; and 

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

6 adverse effects of the kind described in the 

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

8 (k) WEBSITE.— 

9 (1) IN GENERAL.—The Commission shall estab10 lish a public website that— 

11 (A) uses current information technology to 

12 make records available on the website; 

13 (B) provides information in a standard 

14 data format; and 

15 (C) receives and publishes public com16 ments. 

17 (2) PUBLISHING OF INFORMATION.—Any infor18 mation required to be made available on the website 

19 established under paragraph (1) shall be published 

20 in a timely manner and accessible by the public on 

21 the website at no cost. 

22 (3) RECORD OF PUBLIC MEETINGS AND HEAR23 INGS.—All records of public meetings and hearings 

24 shall be published on the website established under 

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


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•HR 5595 IH

1 1 week after the date on which such public meeting 

2 or hearing occurred. 

3 (4) PUBLIC COMMENTS.—The Commission shall 

4 publish on the website established under paragraph 

5 (1) all public comments and submissions. 

6 (5) NOTICES.—The Commission shall publish 

7 on the website established under paragraph (1) no8 tices of all public meetings and hearings not later 

9 than 1 week before the date on which such public 

10 meeting or hearing occurs. 

11 (l) APPLICABILITY OF THE FEDERAL ADVISORY

12 COMMITTEE ACT.— 

13 (1) IN GENERAL.—Except as otherwise pro14 vided in this Act, the Commission shall be subject to 

15 the provisions of chapter 10 of title 5, United States 

16 Code. 

17 (2) ADVISORY COMMITTEE MANAGEMENT OFFI18 CER.—The Commission shall not be subject to the 

19 control of any Advisory Committee Management Of20 ficer designated under section 1007(b) of title 5, 

21 United States Code. 

22 (3) SUBCOMMITTEE.—Any subcommittee of the 

23 Commission shall be treated as the Commission for 

24 purposes of chapter 10 of title 5, United States 

25 Code. 


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•HR 5595 IH

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

2 be considered to meet the requirements of the Com3 mission under section 1008(c) of title 5, United 

4 States Code. 

5 (m) TERMINATION.—The Commission shall termi6 nate on the later of— 

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

8 the date of enactment of this Act; or 

9 (2) 5 years after the date on which the terms 

10 of all members of the Commission have commenced. 

11 (n) AUTHORIZATION OF APPROPRIATIONS.— 

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

13 appropriated such sums as may be necessary to the 

14 Commission to carry out this title, but not more 

15 than $30,000,000. 

16 (2) AVAILABILITY.—Any sums appropriated 

17 under paragraph (1) shall remain available, without 

18 fiscal year limitation, until the earlier of— 

19 (A) the date on which such sums are ex20 pended; or 

21 (B) the date on which the Commission ter22 minates. 


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•HR 5595 IH

1 TITLE II—REGULATORY CUT-GO 

2 SEC. 201. CUT-GO PROCEDURES. 

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

4 101(j)(2), section 202, or subsection (b) of this section, 

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

6 rules or sets of rules of that agency classified by the Com7 mission under section 101(h)(4)(A)(ii), such that the an8 nual costs of the new rule to the United States economy 

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

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

11 reductions of repeal identified by the Commission. 

12 (b) ALTERNATIVE PROCEDURE.— 

13 (1) IN GENERAL.—An agency may, alter14 natively, repeal rules or sets of rules of that agency 

15 classified by the Commission under section 

16 101(h)(4)(A)(ii) prior to the time specified in sub17 section (a). 

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

19 an agency repeals a rule or set of rules under para20 graph (1) and thereby reduces the annual, inflation21 adjusted cost of the rule or set of rules to the 

22 United States economy, the agency may thereafter 

23 apply the reduction in regulatory costs, based on the 

24 regulatory cost reductions of repeal identified by the 

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•HR 5595 IH

1 latory cost reduction required under subsection (a) 

2 to be made at the time the agency promulgates a 

3 new rule. 

4 (c) ACHIEVEMENT OF FULL NET COST REDUC5 TIONS.— 

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

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

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

9 of rules listed by the Commission under section 

10 101(h)(4)(A)(ii) that implement the same statutory 

11 authority as the new rule or set of rules. 

12 (2) LIMITATION.—When using the authority 

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

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

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

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

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

18 whenever necessary, by repealing additional rules of 

19 the agency listed by the Commission under section 

20 101(h)(4)(A)(ii). 

21 SEC. 202. APPLICABILITY. 

22 An agency shall no longer be subject to the require23 ments of sections 201 and 203 beginning on the date on 

24 which there is no rule or set of rules of the agency classi25 fied by the Commission under section 101(h)(4)(A)(ii) 


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•HR 5595 IH

1 that has not been repealed such that all regulatory cost 

2 reductions identified by the Commission to be achievable 

3 through repeal have been achieved. 

4 SEC. 203. OIRA CERTIFICATION OF COST CALCULATIONS. 

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

6 and certify the accuracy of agency determinations of the 

7 costs of new rules under section 201. 

8 (b) INCLUSION.—The certification described in sub9 section (a) shall be included in the administrative record 

10 of the relevant rulemaking by the agency promulgating the 

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

12 certification to Congress when the Administrator trans13 mits the certification to the agency. 

14 TITLE III—RETROSPECTIVE 

15 REVIEW OF NEW RULES 

16 SEC. 301. PLAN FOR FUTURE REVIEW. 

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

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

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

20 after the date such rule is made. 

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

22 major rule of an agency, the plan for review under sub23 section (a) shall be substantially similar to the review by 

24 the Commission under section 101(h). 


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•HR 5595 IH

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

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

3 under subsection (a) shall include other procedures and 

4 standards to enable the agency to determine whether to 

5 repeal or amend the rule to eliminate unnecessary regu6 latory costs to the economy. 

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

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

9 proposed rule under subsection (a) in the notice of pro10 posed rulemaking for the rule and shall receive public com11 ment on the plan. 

12 TITLE IV—JUDICIAL REVIEW; 

13 EFFECTIVE DATE 

14 SEC. 401. JUDICIAL REVIEW. 

15 (a) IMMEDIATE REPEALS.—Agency compliance with 

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

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

18 Code. 

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

20 title II shall be subject to judicial review under chapter 

21 7 of title 5, United States Code. 

22 (c) PLANS FOR FUTURE REVIEW.—Agency compli23 ance with section 301 shall be subject to judicial review 

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


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•HR 5595 IH

1 SEC. 402. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

3 take effect beginning on the date of enactment of this Act. 

Æ 


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