II 

113TH CONGRESS 

2D SESSION S. 3011 

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 

DECEMBER 12, 2014 

Mr. HATCH 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. 

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. 

Sec. 2. Table of contents. 

TITLE I—RETROSPECTIVE REGULATORY REVIEW COMMISSION 

Sec. 101. In general. 


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9 or set of rules should be repealed to eliminate or reduce 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

16 (1) NUMBER.—The Commission shall be com17 posed of 9 members who shall be appointed by the 

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1 ber shall be appointed not later than 180 days after 

2 the date of enactment of this Act. 

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

4 commence upon the member’s confirmation by the 

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

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

7 or that is 5 years after the date by which all mem8 bers have been confirmed by the Senate, whichever 

9 is later. 

10 (3) APPOINTMENT.—The members of the Com11 mission shall be appointed as follows: 

12 (A) CHAIR.—The President shall appoint 

13 as the Chair of the Commission an individual 

14 with expertise and experience in rulemaking, 

15 such as past Administrators of the Office of In16 formation and Regulatory Affairs, past chair17 men of the Administrative Conference of the 

18 United States, and other individuals with simi19 lar expertise and experience in rulemaking af20 fairs and the administration of regulatory re21 views. 

22 (B) CANDIDATE LIST OF MEMBERS.—The 

23 Speaker of the House of Representatives, the 

24 Minority Leader of the House of Representa25 tives, the Majority Leader of the Senate, and 


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1 the Minority Leader of the Senate shall each 

2 present to the President a list of candidates to 

3 be members of the Commission. Such can4 didates 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 subparagraph, subject 

9 to the provisions of subparagraph (C). 

10 (C) RESUBMISSION OF CANDIDATE.—The 

11 President may request from the presenter of 

12 the list under subparagraph (B) a new list of 

13 one or more candidates if the President— 

14 (i) determines that any candidate on 

15 the list presented pursuant to subpara16 graph (B) does not meet the qualifications 

17 specified in such subparagraph to be a 

18 member of the Commission; and 

19 (ii) certifies that determination to the 

20 congressional officials specified in subpara21 graph (B). 

22 (c) POWERS AND AUTHORITIES OF THE COMMIS23 SION.— 

24 (1) MEETINGS.—The Commission may meet 

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1 mines appropriate, except that the Commission shall 

2 hold public meetings not less than twice each year. 

3 All meetings of the Commission shall be open to the 

4 public. 

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 open to the public. 

10 (3) ACCESS TO INFORMATION.—The Commis11 sion may secure directly from any agency informa12 tion and documents necessary to enable the Commis13 sion to carry out this Act. Upon request of the Chair 

14 of the Commission, the head of that agency shall 

15 furnish that information or document to the Com16 mission as soon as possible, but not later than two 

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

18 (4) SUBPOENAS.— 

19 (A) IN GENERAL.—The Commission may 

20 issue subpoenas requiring the attendance and 

21 testimony of witnesses and the production of 

22 any evidence relating to the duties of the Com23 mission. The attendance of witnesses and the 

24 production of evidence may be required from 

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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 subparagraph (B) may be served in the judicial 

24 district in which the person required to be 

25 served resides or may be found. 


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1 (d) PAY AND TRAVEL EXPENSES.— 

2 (1) PAY.— 

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

4 the Chair of the Commission, shall be paid at 

5 a rate equal to the daily equivalent of the min6 imum annual rate of basic pay payable for level 

7 IV of the Executive Schedule under section 

8 5315 of title 5, United States Code, for each 

9 day (including travel time) during which the 

10 member is engaged in the actual performance of 

11 duties vested in the 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. 


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

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

3 Schedule under section 5316 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, fix the pay of, and terminate addi9 tional personnel. 

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 15 of the General Schedule. 

21 (3) AGENCY ASSISTANCE.—Following consulta22 tion with and upon request of the Chair of the Com23 mission, the head of any agency may detail any of 

24 the personnel of that agency to the Commission to 


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1 assist the Commission in carrying out the duties of 

2 the Commission 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.— 


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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 the 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 a goal of the Commis17 sion to achieve a reduction of at least 15 percent in 

18 the cumulative costs of Federal regulation with a 

19 minimal reduction in the overall effectiveness of such 

20 regulation. 

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

22 rules and sets of rules should be repealed to lower 

23 the cost of regulation to the economy, the Commis24 sion shall apply the following criteria: 


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1 (A) Whether the original purpose of the 

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

3 or set of rules could be repealed without signifi4 cant recurrence of adverse effects or conduct 

5 that the rule or set of rules was intended to 

6 prevent or reduce. 

7 (B) Whether the implementation, compli8 ance, administration, enforcement or other costs 

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

10 not justified by the benefits to society within 

11 the United States produced by the expenditure 

12 of those costs. 

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

14 been rendered unnecessary or obsolete, taking 

15 into consideration the length of time since the 

16 rule was made and the degree to which tech17 nology, economic conditions, market practices, 

18 or other relevant factors have changed in the 

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

20 (D) Whether the rule or set of rules is in21 effective at achieving the purposes of the rule or 

22 set of rules. 

23 (E) Whether the rule or set of rules over24 laps, duplicates, or conflicts with other Federal 


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

2 local governmental rules. 

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

4 excessive compliance costs or is otherwise exces5 sively burdensome, as compared to alternatives 

6 that— 

7 (i) specify performance objectives 

8 rather than conduct or manners of compli9 ance; 

10 (ii) establish economic incentives to 

11 encourage desired behavior; 

12 (iii) provide information upon which 

13 choices can be made by the public; 

14 (iv) incorporate other innovative alter15 natives rather than agency actions that 

16 specify conduct or manners of compliance; 

17 or 

18 (v) could in other ways substantially 

19 lower costs without significantly under20 mining effectiveness. 

21 (G) Whether the rule or set of rules inhib22 its innovation in or growth of the United States 

23 economy, such as by impeding the introduction 

24 or use of safer or equally safe technology that 

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1 quired by or permissible under the rule or set 

2 of rules. 

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

4 harms competition within the United States 

5 economy or the international economic competi6 tiveness of enterprises or entities based in the 

7 United States. 

8 (I) Such other criteria as the Commission 

9 devises to identify rules and sets of rules that 

10 can be repealed to eliminate or reduce unneces11 sarily burdensome costs to the United States 

12 economy. 

13 (3) METHODOLOGY FOR REVIEW.—The Com14 mission shall establish a methodology for conducting 

15 the review (including an overall review and discrete 

16 reviews of portions of the Code of Federal Regula17 tions), identifying rules and sets of rules, and 

18 classifying rules under this subsection and publish 

19 the terms of the methodology in the Federal Reg20 ister and on the website of the Commission. The 

21 Commission may propose and seek public comment 

22 on the methodology before the methodology is estab23 lished. 

24 (4) CLASSIFICATION OF RULES AND SETS OF

25 RULES.— 


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

2 review of rules or sets of rules under paragraph 

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

4 set of rules identified in the review to qualify 

5 for recommended repeal as either a rule or set 

6 of rules— 

7 (i) on which immediate action to re8 peal is recommended; or 

9 (ii) that should be eligible for repeal 

10 under regulatory cut-go procedures under 

11 title II. 

12 (B) DECISIONS BY MAJORITY.—Each deci13 sion by the Commission to identify a rule or set 

14 of rules for classification under this paragraph, 

15 and each decision whether to classify the rule or 

16 set of rules under clause (i) or (ii) of subpara17 graph (A), shall be made by a simple majority 

18 vote of the Commission. No such vote shall take 

19 place until after all members of the Commission 

20 have been confirmed by the Senate. 

21 (5) INITIATION OF REVIEW BY OTHER PER22 SONS.— 

23 (A) IN GENERAL.—The Commission may 

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

25 and, if appropriate, classify under paragraph 


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

2 for review to the Commission by— 

3 (i) the President; 

4 (ii) a Member of Congress; 

5 (iii) any officer or employee of a Fed6 eral, State, local or tribal government, or 

7 regional governmental body; or 

8 (iv) any member of the public. 

9 (B) FORM OF SUBMISSION.—A submission 

10 to the Commission under this paragraph 

11 shall— 

12 (i) identify the specific rule or set of 

13 rules submitted for review; 

14 (ii) provide a statement of evidence to 

15 demonstrate that the rule or set of rules 

16 qualifies to be identified for repeal under 

17 the criteria listed in paragraph (2); and 

18 (iii) such other information as the 

19 submitter believes may be helpful to the 

20 Commission’s review, including a state21 ment of the submitter’s interest in the 

22 matter. 

23 (C) PUBLIC AVAILABILITY.—The Commis24 sion shall make each submission received under 

25 this paragraph available on the website of the 


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1 Commission as soon as possible, but not later 

2 than 1 week after the date on which the sub3 mission was received. 

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

5 (1) NOTICES OF AND REPORTS ON ACTIVI6 TIES.—The Commission shall publish, in the Federal 

7 Register and on the website of the Commission— 

8 (A) notices in advance of all public meet9 ings, hearings, and classifications under sub10 section (h) informing the public of the basis, 

11 purpose, and procedures for the meeting, hear12 ing, or classification; and 

13 (B) reports after the conclusion of any 

14 public meeting, hearing, or classification under 

15 subsection (h) summarizing in detail the basis, 

16 purpose, and substance of the meeting, hearing, 

17 or classification. 

18 (2) ANNUAL REPORTS TO CONGRESS.—Each 

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

20 the date on which all Commission members have 

21 been confirmed by the Senate, the Commission shall 

22 submit a report simultaneously to each House of 

23 Congress detailing the activities of the Commission 

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

25 of rules classified under subsection (h) during that 


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

2 Commission shall— 

3 (A) identify the agency that made the rule 

4 or set of rules; 

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

6 set of rules to the United States economy and 

7 the basis upon which the Commission identified 

8 that cost; 

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

10 was classified under clause (i) or clause (ii) of 

11 subsection (h)(4)(A); 

12 (D) identify the criteria under subsection 

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

14 or set of rules and the basis upon which the 

15 Commission determined that those criteria were 

16 met; 

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

18 under the criteria set forth in subparagraphs 

19 (B), (D), (F), (G), or (H) of subsection (h)(2), 

20 or other criteria established by the Commission 

21 under subparagraph (I) of such subsection 

22 under which the Commission evaluated alter23 natives to the rule or set of rules that could 

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1 mission recommends the agency consider as re2 placements for the rule or set of rules and the 

3 basis on which the Commission rests the rec4 ommendations, and, in identifying such alter5 natives, emphasize alternatives that will achieve 

6 regulatory effectiveness at the lowest cost and 

7 with the lowest adverse impacts on jobs; 

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

9 under the criteria set forth in subsection 

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

11 governmental rules that the Commission found 

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

13 conflict with, and the basis for the findings of 

14 the Commission; and 

15 (G) in the case of each set of rules so list16 ed, analyze whether Congress should also con17 sider repeal of the statutory authority imple18 mented by the set of rules. 

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

20 on which the Commission members’ appointments 

21 expire, the Commission shall submit a final report 

22 simultaneously to each House of Congress summa23 rizing all activities and recommendations of the 

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

25 rules the Commission classified under clause (i) of 


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1 subsection (h)(4)(A) for immediate action to repeal, 

2 a separate list of all rules or sets of rules the Com3 mission classified under clause (ii) of subsection 

4 (h)(4)(A) for repeal, and with regard to each rule or 

5 set of rules listed on either list, the information de6 scribed in subparagraphs (A) through (F) of sub7 section (h)(2). This report may be included in the 

8 final annual report of the Commission under para9 graph (2) and may include the Commission’s rec10 ommendation whether the Commission should be re11 authorized by Congress. 

12 (j) REPEAL OF REGULATIONS; CONGRESSIONAL

13 CONSIDERATION OF COMMISSION REPORTS.— 

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

15 (A) the head of each agency with authority 

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

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

18 immediate action to repeal and newly listed as 

19 such in an annual or final report of the Com20 mission under paragraph (2) or (3) of sub21 section (i) shall repeal the rule or set of rules 

22 as recommended by the Commission within 60 

23 days after the enactment of a joint resolution 

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1 ommendations of the Commission in the report; 

2 and 

3 (B) the head of each agency with authority 

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

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

6 repeal and newly listed as such in an annual or 

7 final report of the Commission under paragraph 

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

9 or set of rules as recommended by the Commis10 sion pursuant to section 201, following the en11 actment of a joint resolution under paragraph 

12 (2) for approval of the recommendations of the 

13 Commission in the report. 

14 (2) CONGRESSIONAL APPROVAL.— 

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

16 described in paragraph (1) shall be required by 

17 this Act to carry out a repeal listed by the 

18 Commission in a report transmitted to Congress 

19 under paragraph (2) or (3) of subsection (i) 

20 until a joint resolution is enacted, in accordance 

21 with the provisions of subparagraph (B), ap22 proving such recommendations of the Commis23 sion for repeal. 

24 (B) TERMS OF THE RESOLUTION.—For 

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1 olution’’ means only a joint resolution which is 

2 introduced after the date on which the Commis3 sion transmits to the Congress under paragraph 

4 (2) or (3) of subsection (i) the report con5 taining the recommendations to which the reso6 lution pertains, and— 

7 (i) which does not have a preamble; 

8 (ii) the matter after the resolving 

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

10 Congress approves the recommendations 

11 for repeal of the Retrospective Regulatory 

12 Review Commission as submitted by the 

13 Commission on llll’’, the blank 

14 space being filled in with the appropriate 

15 date; and 

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

17 ‘‘Approving recommendations for repeal of 

18 the Retrospective Regulatory Review Com19 mission.’’ 

20 (k) TRANSFER OF FUNDS FROM REGULATORY

21 AGENCIES.—Of the unobligated amounts made available 

22 in future fiscal years for each agency that makes rules 

23 subject to review by the Commission, not more than 

24 $30,000,000 shall be available for the Commission. 


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1 (l) CONSULTATION BETWEEN THE CHAIR AND THE

2 DIRECTOR.—The Chair of the Commission shall consult 

3 with the Director of the Office of Management and Budget 

4 before making requests for agency funds under subsection 

5 (k). 

6 (m) WEBSITE.— 

7 (1) IN GENERAL.—The Commission shall estab8 lish a public website that— 

9 (A) uses current information technology to 

10 make records available on the website; 

11 (B) provides information in a standard 

12 data format; and 

13 (C) receives and publishes public com14 ments. 

15 (2) PUBLISHING OF INFORMATION.—Any infor16 mation required to be made available on the website 

17 established pursuant to this Act shall be published 

18 in a timely manner and shall be accessible by the 

19 public on the website at no cost. 

20 (3) RECORD OF PUBLIC MEETINGS AND HEAR21 INGS.—All records of public meetings and hearings 

22 shall be published on the website as soon as possible, 

23 but not later than 1 week after the date on which 

24 such public meeting or hearing occurred. 


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1 (4) PUBLIC COMMENTS.—The Commission shall 

2 publish on the website all public comments and sub3 missions. 

4 (5) NOTICES.—The Commission shall publish 

5 on the website notices of all public meetings and 

6 hearings at least one week before the date on which 

7 such public meeting or hearing occurs. 

8 (n) APPLICABILITY OF THE FEDERAL ADVISORY

9 COMMITTEE ACT.— 

10 (1) IN GENERAL.—Except as otherwise pro11 vided in this Act, the Commission shall be subject to 

12 the provisions of the Federal Advisory Committee 

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

14 (2) ADVISORY COMMITTEE MANAGEMENT OFFI15 CER.—The Commission shall not be subject to the 

16 control of any Advisory Committee Management Of17 ficer designated under section 8(b) of the Federal 

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

19 (3) SUBCOMMITTEE.—Any subcommittee of the 

20 Commission shall be treated as the Commission for 

21 purposes of the Federal Advisory Committee Act (5 

22 U.S.C. App.). 

23 (4) CHARTER.—The enactment of the SCRUB 

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1 ments of the Commission under section 9(c) of the 

2 Federal Advisory Committee Act (5 U.S.C. App.). 

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)(A) or section 202, an agency, when the agency 

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

8 that agency classified by the Commission under section 

9 101(h)(4)(A)(ii), such that the annual costs of the new 

10 rule to the United States economy is offset by such re11 peals, in an amount equal to or greater than the cost of 

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

13 repeal identified by the Commission. 

14 (b) ALTERNATIVE PROCEDURE.—An agency may, al15 ternatively, repeal rules or sets of rules of that agency 

16 classified by the Commission under section 

17 101(h)(4)(A)(ii) prior to the time specified in subsection 

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

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

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

21 agency may thereafter apply the reduction in regulatory 

22 costs, based on the regulatory cost reductions of repeal 

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

24 the regulatory cost reduction required under subsection 


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1 (a) of this section to be made at the time the agency pro2 mulgates a new rule. 

3 (c) ACHIEVEMENT OF FULL NET COST REDUC4 TIONS.— 

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

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

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

8 of rules listed by the Commission under section 

9 101(h)(4)(A)(ii) that implement the same statutory 

10 authority as the new rule or set of rules. 

11 (2) LIMITATION.—When using the authority 

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

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

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

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

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

17 whenever necessary, by repealing additional rules of 

18 the agency listed by the Commission under section 

19 101(h)(4)(A)(ii). 

20 SEC. 202. APPLICABILITY. 

21 An agency shall no longer be subject to the require22 ments of sections 201 and 203 beginning on the date that 

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

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

25 not been repealed such that all regulatory cost reductions 


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1 identified by the Commission to be achievable through re2 peal have been achieved. 

3 SEC. 203. OIRA CERTIFICATION OF COST CALCULATIONS. 

4 The Administrator of the Office of Information and 

5 Regulatory Affairs of the Office of Management and 

6 Budget shall review and certify the accuracy of agency de7 terminations of the costs of new rules under section 201. 

8 The certification shall be included in the administrative 

9 record of the relevant rulemaking by the agency promul10 gating the rule, and the Administrator shall transmit a 

11 copy of the certification to Congress when it transmits the 

12 certification to the agency. 

13 TITLE III—RETROSPECTIVE 

14 REVIEW OF NEW RULES 

15 SEC. 301. PLAN FOR FUTURE REVIEW. 

16 When an agency makes a rule, the agency shall in17 clude in the final issuance of such rule a plan for the re18 view of such rule by not later than 10 years after the date 

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

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

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

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

23 include other procedures and standards to enable the 

24 agency to determine whether to repeal or amend the rule 

25 to eliminate unnecessary regulatory costs to the economy. 


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1 Whenever feasible, the agency shall include a proposed 

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

3 rulemaking and shall receive public comment on the plan. 

4 TITLE IV—JUDICIAL REVIEW 

5 SEC. 401. JUDICIAL REVIEW. 

6 (a) IMMEDIATE REPEALS.—Agency compliance with 

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

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

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

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

11 chapter 7 of title 5, United States Code. 

12 (c) PLANS FOR FUTURE REVIEW.—Agency compli13 ance with section 301 shall be subject to judicial review 

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

15 TITLE V—MISCELLANEOUS 

16 PROVISIONS 

17 SEC. 501. DEFINITIONS. 

18 In this Act: 

19 (1) AGENCY.—The term ‘‘agency’’ has the 

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

21 United States Code. 

22 (2) COMMISSION.—The term ‘‘Commission’’ 

23 means the Retrospective Regulatory Review Commis24 sion established under section 101. 


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

2 means any rule that the Administrator of the Office 

3 of Information and Regulatory Affairs determines is 

4 likely to impose— 

5 (A) an annual cost on the economy of 

6 $100,000,000 or more, adjusted annually for 

7 inflation; 

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

9 consumers, individual industries, Federal, 

10 State, local, or tribal government agencies, or 

11 geographic regions; 

12 (C) significant adverse effects on competi13 tion, employment, investment, productivity, in14 novation, or on the ability of United States15 based enterprises to compete with foreign-based 

16 enterprises in domestic and export markets; or 

17 (D) significant impacts on multiple sectors 

18 of the economy. 

19 (4) RULE.—The term ‘‘rule’’ has the meaning 

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

21 States Code. 

22 (5) SET OF RULES.—The term ‘‘set of rules’’ 

23 means a set of rules that collectively implements a 

24 regulatory authority of an agency. 


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1 SEC. 502. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

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

4 Act. 

Æ 


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