I 

108TH CONGRESS 

2D SESSION H. R. 5123

To require agencies to review all major rules within 10 years after issuance, 

including a cost-benefit analysis using a standard government-wide methodology, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2004

Mr. BARRETT of South Carolina (for himself and Mr. OSE) introduced the 

following bill; which was referred to the Committee on Government Reform 

A BILL

To require agencies to review all major rules within 10 

years after issuance, including a cost-benefit analysis 

using a standard government-wide methodology, 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 ‘‘Major Regulation Cost 

5 Review Act of 2004’’. 
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1 SEC. 2. REQUIREMENT FOR PERIODIC REVIEW OF ALL 

2 MAJOR RULES. 

3 (a) REQUIREMENT.—Chapter 6 of title 5, United 

4 States Code, is amended by inserting after section 610 the 

5 following new section: 

6 ‘‘§ 610a. Periodic review of major rules 

7 ‘‘(a) REQUIREMENT FOR REVIEW OF MAJOR

8 RULES.—Not later than 180 days after the date of the 

9 enactment of the Major Regulation Cost Review Act of 

10 2004, each agency shall publish in the Federal Register 

11 a plan for the periodic review of all the major rules issued 

12 by the agency. Such plan may be amended by the agency 

13 at any time by publishing the revision in the Federal Reg14 ister. 

15 ‘‘(b) PURPOSE OF REVIEW.—The purpose of the re16 view shall be to determine whether such rules should be 

17 continued without change, or should be amended or re18 scinded, consistent with the stated objectives of applicable 

19 statutes. 

20 ‘‘(c) REVIEW WITHIN FIVE YEARS.—The plan shall 

21 provide for the review of all such agency rules existing on 

22 the effective date of the Major Regulation Cost Review Act 

23 of 2004 within five years after that date and for the review 

24 of such rules adopted after such effective date within five 

25 years after the publication of such rules as the final rule. 

26 If the head of the agency determines that completion of 
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1 the review of existing rules is not feasible by the estab2 lished date, the head of the agency shall so certify in a 

3 statement published in the Federal Register and may ex4 tend the completion date by one year at a time for a total 

5 of not more than five years. 

6 ‘‘(d) FACTORS TO CONSIDER.—In reviewing major 

7 rules in a manner consistent with the stated objectives of 

8 applicable statutes, the agency shall consider the following 

9 factors: 

10 ‘‘(1) The continued need for the rule. 

11 ‘‘(2) The nature of complaints or comments re12 ceived concerning the rule from the public. 

13 ‘‘(3) The complexity of the rule. 

14 ‘‘(4) The extent to which the rule overlaps, du15 plicates, or conflicts with other Federal rules, and, 

16 to the extent feasible, with State and local govern17 mental rules. 

18 ‘‘(5) The length of time since the rule has been 

19 evaluated or the degree to which technology, eco20 nomic conditions, or other factors have changed in 

21 the area affected by the rule. 

22 ‘‘(e) COST-BENEFIT ANALYSIS.—The review shall in23 clude a cost-benefit analysis of the rule, using the stand24 ard cost-benefit methodology included in Office of Man25 agement and Budget Circular A–4 (relating to regulatory 
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1 analysis and issued September 17, 2003). The cost-benefit 

2 analysis shall include an identification and consideration 

3 of a range of less costly regulatory alternatives. 

4 ‘‘(f) PUBLICATION OF LIST OF RULES TO BE RE5 VIEWED.—Each year, each agency shall publish in the 

6 Federal Register a list of the major rules which are to 

7 be reviewed pursuant to this section during the succeeding 

8 12 months and which are to be included in the accounting 

9 statement and associated report submitted to Congress by 

10 the Director of the Office of Management and Budget 

11 under paragraph (4) of section 624(a) of the Treasury and 

12 General Government Appropriations Act, 2001 (as added 

13 by section 3 of the Major Regulation Cost Review Act of 

14 2004). The list shall include a brief description of each 

15 such major rule and the need for and legal basis of such 

16 rule, and shall invite public comment upon the rule. 

17 ‘‘(g) MAJOR RULE DEFINED.—In this section, the 

18 term ‘major rule’ has the meaning provided by section 804 

19 of this title.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 for chapter 6 of title 5, United States Code, is amended 

22 by inserting after the item relating to section 610 the fol23 lowing new item:

‘‘610a. Periodic review of major rules.’’.
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1 SEC. 3. REQUIREMENTS FOR OMB RELATING TO ANNUAL 

2 ACCOUNTING STATEMENT. 

3 (a) REQUIREMENT TO INCLUDE LIST OF RULES TO

4 BE REVIEWED IN ANNUAL ACCOUNTING STATEMENT.—

5 Section 624(a) of the Treasury and General Government 

6 Appropriations Act, 2001 (as enacted into law by Public 

7 Law 106–554; 114 Stat. 2763A–161), is amended—

8 (1) by striking ‘‘and’’ at the end of paragraph 

9 (2); 

10 (2) by striking the period at the end of para11 graph (3) and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(4) a list of the major rules which are to be 

15 reviewed by each agency, during the year following 

16 the year in which the statement and report are sub17 mitted, pursuant to section 610a of title 5, United 

18 States Code.’’. 

19 (b) REQUIREMENT TO USE AGENCY COST-BENEFIT

20 ESTIMATES IN ANNUAL ACCOUNTING STATEMENT.—Sec21 tion 624 of the Treasury and General Government Appro22 priations Act, 2001 (as enacted into law by Public Law 

23 106–554; 114 Stat. 2763A–161), is amended—

24 (1) by redesignating subsections (b), (c), and 

25 (d) as subsections (c), (d), and (e), respectively; and 
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1 (2) by inserting after subsection (a) the fol2 lowing new subsection: 

3 ‘‘(b) USE OF AGENCY COST-BENEFIT ANALYSES RE4 QUIRED.—To carry out subsection (a), the Director of the 

5 Office of Management and Budget shall require each 

6 agency annually to submit to the Office of Management 

7 and Budget the cost-benefit analyses conducted under sec8 tion 610a of title 5, United States Code, for major rules 

9 of the agency during the preceding year.’’.

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