SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Searching for and Cut-
ting Regulations that are Unnecessarily Burdensome Act 
of 2016’’ or as the ‘‘SCRUB Act of 2016’’. 
SEC. 2. TABLE OF CONTENTS. 
Sec. 1. Short title. 
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. 
TITLE I—RETROSPECTIVE REGU-
LATORY 
REVIEW 
COMMIS-
SION 
SEC. 101. IN GENERAL. 
(a) ESTABLISHMENT.—There is established a com-
mission, to be known as the ‘‘Retrospective Regulatory Re-
view Commission’’, that shall review rules and sets of rules 
in accordance with specified criteria to determine if a rule 
or set of rules should be repealed to eliminate or reduce 
the costs of regulation to the economy. The Commission
shall terminate on the date that is 5 years and 180 days 
after the date of enactment of this Act or 5 years after 
the date by which all Commission members’ terms have 
commenced, whichever is later. 
(b) MEMBERSHIP.— 
(1) NUMBER.—The Commission shall be com-
posed of 9 members who shall be appointed by the 
President and confirmed by the Senate. Each mem-
ber shall be appointed not later than 180 days after 
the date of enactment of this Act. 
(2) TERM.—The term of each member shall 
commence upon the member’s confirmation by the 
Senate and shall extend to the date that is 5 years 
and 180 days after the date of enactment of this Act 
or that is 5 years after the date by which all mem-
bers have been confirmed by the Senate, whichever 
is later. 
(3) APPOINTMENT.—The members of the Com-
mission shall be appointed as follows: 
(A) CHAIR.—The President shall appoint 
as the Chair of the Commission an individual 
with expertise and experience in rulemaking, 
such as past Administrators of the Office of In-
formation and Regulatory Affairs, past chair-
men of the Administrative Conference of the
United States, and other individuals with simi-
lar expertise and experience in rulemaking af-
fairs and the administration of regulatory re-
views. 
(B) CANDIDATE LIST OF MEMBERS.—The 
Speaker of the House of Representatives, the 
Minority Leader of the House of Representa-
tives, the Majority Leader of the Senate, and 
the Minority Leader of the Senate shall each 
present to the President a list of candidates to 
be members of the Commission. Such can-
didates shall be individuals learned in rule-
making affairs and, preferably, administration 
of regulatory reviews. The President shall ap-
point 2 members of the Commission from each 
list provided under this subparagraph, subject 
to the provisions of subparagraph (C). 
(C) RESUBMISSION OF CANDIDATE.—The 
President may request from the presenter of 
the list under subparagraph (B) a new list of 
one or more candidates if the President— 
(i) determines that any candidate on 
the list presented pursuant to subpara-
graph (B) does not meet the qualifications
specified in such subparagraph to be a 
member of the Commission; and 
(ii) certifies that determination to the 
congressional officials specified in subpara-
graph (B). 
(c) POWERS AND AUTHORITIES OF THE COMMIS-
SION.— 
(1) MEETINGS.—The Commission may meet 
when, where, and as often as the Commission deter-
mines appropriate, except that the Commission shall 
hold public meetings not less than twice each year. 
All meetings of the Commission shall be open to the 
public. 
(2) HEARINGS.—In addition to meetings held 
under paragraph (1), the Commission may hold 
hearings to consider issues of fact or law relevant to 
the Commission’s work. Any hearing held by the 
Commission shall be open to the public. 
(3) ACCESS TO INFORMATION.—The Commis-
sion may secure directly from any agency informa-
tion and documents necessary to enable the Commis-
sion to carry out this Act. Upon request of the Chair 
of the Commission, the head of that agency shall 
furnish that information or document to the Com-
mission as soon as possible, but not later than two 
weeks after the date on which the request was made. 
(4) SUBPOENAS.— 
(A) IN GENERAL.—The Commission may 
issue subpoenas requiring the attendance and 
testimony of witnesses and the production of 
any evidence relating to the duties of the Com-
mission. The attendance of witnesses and the 
production of evidence may be required from 
any place within the United States at any des-
ignated place of hearing within the United 
States. 
(B) FAILURE TO OBEY A SUBPOENA.—If a 
person refuses to obey a subpoena issued under 
subparagraph (A), the Commission may apply 
to a United States district court for an order 
requiring that person to appear before the Com-
mission to give testimony, produce evidence, or 
both, relating to the matter under investigation. 
The application may be made within the judicial 
district where the hearing is conducted or where 
that person is found, resides, or transacts busi-
ness. Any failure to obey the order of the court 
may be punished by the court as civil contempt.