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 Re-
form, and in addition to the Committees on the Judiciary and Appropria-
tions, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Searching for and Cut-
ting Regulations that are Unnecessarily Burdensome Act 
of 2014’’ or as the ‘‘SCRUB Act of 2014’’. 
SEC. 2. TABLE OF CONTENTS. 
Sec. 1. Short title. 
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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or set of rules should be repealed to eliminate or reduce 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.— 
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(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) The President shall appoint the chair 
of the Commission from among past Adminis-
trators of the Office of Information and Regu-
latory Affairs, past chairmen of the Administra-
tive Conference of the United States, and other 
candidates of similar expertise and experience 
in rulemaking affairs and the administration of 
regulatory reviews. 
(B) The Speaker of the House of Rep-
resentatives, the Minority Leader of the House 
of Representatives, the Majority Leader of the 
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Senate, and the Minority Leader of the Senate 
shall each present to the President lists of can-
didates to be members of the Commission. Such 
candidates 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 paragraph, subject to 
the provisions of paragraph (C). 
(C) If the President— 
(i) determines that any candidate to 
be a Member of the Commission who ap-
pears on a list presented to him under 
paragraph (B) does not meet the qualifica-
tions specified in this paragraph to be a 
member of the Commission; and 
(ii) certifies that determination to the 
congressional officials specified in para-
graph (B); 
the President may then request from the pre-
senter of the list a new list of one or more can-
didates. 
(c) POWERS AND AUTHORITIES OF THE COMMIS-
SION.— 
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(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. 
(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 in public. 
(3) ACCESS TO INFORMATION.—The Commis-
sion may secure directly from any department or 
agency of the United States information necessary 
to enable it to carry out this Act. Upon request of 
the chair of the Commission, the head of that de-
partment or agency shall furnish that information to 
the Commission. 
(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-
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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. 
(C) SERVICE
OF
SUBPOENAS.—The sub-
poenas of the Commission shall be served in the 
manner provided for subpoenas issued by a 
United States district court under the Federal 
Rules of Civil Procedure for the United States 
district courts. 
(D) SERVICE OF PROCESS.—All process of 
any court to which application is made under 
paragraph (2) may be served in the judicial dis-
trict in which the person required to be served 
resides or may be found. 
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(d) PAY AND TRAVEL EXPENSES.— 
(1) PAY.— 
(A) MEMBERS.—Each member, other than 
the chair, shall be paid at a rate equal to the 
daily equivalent of the minimum annual rate of 
basic pay payable for level IV of the Executive 
Schedule under section 5315 of title 5, United 
States Code, for each day (including travel 
time) during which the member is engaged in 
the actual performance of duties vested in the 
Commission. 
(B) CHAIR.—The chair shall be paid for 
each day referred to in subparagraph (A) at a 
rate equal to the daily equivalent of the min-
imum annual rate of basic pay payable for level 
III of the Executive Schedule under section 
5314 of title 5, United States Code. 
(2) TRAVEL EXPENSES.—Members shall receive 
travel expenses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 5703 of 
title 5, United States Code. 
(e) DIRECTOR OF STAFF.— 
(1) IN GENERAL.—The Commission shall ap-
point a Director. 
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(2) PAY.—The Director shall be paid at the 
rate of basic pay payable for level IV of the Execu-
tive Schedule under section 5315 of title 5, United 
States Code. 
(f) STAFF.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Director, with the approval of the Commission, 
may appoint and fix the pay of additional personnel 
from the public and private sectors. 
(2) LIMITATIONS ON APPOINTMENT.—The Di-
rector may make such appointments without regard 
to the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and 
any personnel so appointed may be paid without re-
gard to the provisions of chapter 51 and subchapter 
III of chapter 53 of that title relating to classifica-
tion and General Schedule pay rates, except that an 
individual so appointed may not receive pay in ex-
cess of the annual rate of basic pay payable for GS– 
18 of the General Schedule. 
(3) AGENCY ASSISTANCE.—Following consulta-
tion with and upon request of the Director, the head 
of any Federal department or agency shall detail any 
of the personnel of that department or agency to the 
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Commission to assist the Commission in carrying 
out its duties under this Act. 
(4) GAO AND OIRA ASSISTANCE.—The Comp-
troller General of the United States and the Admin-
istrator of the Office of Information and Regulatory 
Affairs shall provide assistance, including the detail-
ing of employees, to the Commission in accordance 
with an agreement entered into with the Commis-
sion. 
(5) ASSISTANCE FROM OTHER PARTIES.—Con-
gress, the States, municipalities, federally recognized 
Indian tribes, and local governments may provide as-
sistance, including the detailing of employees, to the 
Commission in accordance with an agreement en-
tered into with the Commission. 
(g) OTHER AUTHORITY.— 
(1) EXPERTS AND CONSULTANTS.—The Com-
mission may procure by contract, to the extent funds 
are available, the temporary or intermittent services 
of experts or consultants pursuant to section 3109 
of title 5, United States Code. 
(2) PROPERTY.—The Commission may lease 
space and acquire personal property to the extent 
funds are available. 
(h) DUTIES OF THE COMMISSION.— 
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(1) IN GENERAL.—The Commission shall con-
duct a review of the Code of Federal Regulations to 
identify rules and sets of rules that collectively im-
plement a regulatory program that should be re-
pealed to lower the cost of regulation to the econ-
omy. The Commission shall give priority in its re-
view to rules or sets of rules that are major rules 
or include major rules, have been in effect more than 
15 years, impose paperwork burdens that could be 
reduced substantially without significantly dimin-
ishing regulatory effectiveness, impose disproportion-
ately high costs on entities that qualify as small en-
tities within the meaning of section 601(6) of title 
5, United States Code, or could be strengthened in 
their effectiveness while reducing regulatory costs. 
The Commission shall have as its goal to achieve a 
reduction of at least 15 percent in the cumulative 
costs of Federal regulation with a minimal reduction 
in the overall effectiveness of such regulation. 
(2) NATURE
OF
REVIEW.—To identify which 
rules and sets of rules should be repealed to lower 
the cost of regulation to the economy, the Commis-
sion shall apply the following criteria: 
(A) Whether the original purpose of the 
rule or set of rules was achieved, and the rule 
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or set of rules could be repealed without signifi-
cant recurrence of adverse effects or conduct 
that the rule or set of rules was intended to 
prevent or reduce. 
(B) Whether the implementation, compli-
ance, administration, enforcement or other costs 
of the rule or set of rules to the economy are 
not justified by the benefits to society within 
the United States produced by the expenditure 
of those costs. 
(C) Whether the rule or set of rules has 
been rendered unnecessary or obsolete, taking 
into consideration the length of time since the 
rule was made and the degree to which tech-
nology, economic conditions, market practices, 
or other relevant factors have changed in the 
subject area affected by the rule or set of rules. 
(D) Whether the rule or set of rules is in-
effective at achieving the rule or set’s purposes. 
(E) Whether the rule or set of rules over-
laps, duplicates, or conflicts with other Federal 
rules, and to the extent feasible, with State and 
local governmental rules. 
(F) Whether the rule or set of rules has 
excessive compliance costs or is otherwise exces-
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sively burdensome, as compared to alternatives 
that— 
(i) 
specify 
performance 
objectives 
rather than conduct or manners of compli-
ance; 
(ii) establish economic incentives to 
encourage desired behavior; 
(iii) provide information upon which 
choices can be made by the public; 
(iv) incorporate other innovative alter-
natives rather than agency actions that 
specify conduct or manners of compliance; 
or 
(v) could in other ways substantially 
lower costs without significantly under-
mining effectiveness. 
(G) Whether the rule or set of rules inhib-
its innovation in or growth of the United States 
economy, such as by impeding the introduction 
or use of safer or equally safe technology that 
is newer or more efficient than technology re-
quired by or permissible under the rule or set 
of rules. 
(H) Whether or not the rule or set of rules 
harms competition within the United States 
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economy or the international economic competi-
tiveness of enterprises or entities based in the 
United States. 
(I) Such other criteria as the Commission 
devises to identify rules and sets of rules that 
can be repealed to eliminate or reduce unneces-
sarily burdensome costs to the United States 
economy. 
(3) METHODOLOGY FOR REVIEW.—The Com-
mission shall establish a methodology for conducting 
its review (including its overall review and discrete 
reviews of portions of the Code of Federal Regula-
tions), identifying rules and sets of rules, and 
classifying rules under this subsection and publish 
the terms of its methodology in the Federal Register 
and on an Internet Website of the Commission. The 
Commission may propose and seek public comment 
on the methodology before the methodology is estab-
lished. 
(4) CLASSIFICATION OF RULES AND SETS OF 
RULES.— 
(A) IN GENERAL.—After completion of any 
review of rules or sets of rules under paragraph 
(2), the Commission shall classify each rule or 
set of rules identified in the review to qualify 
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for recommended repeal as either a rule or set 
of rules— 
(i) on which immediate action to re-
peal is recommended; or 
(ii) that should be eligible for repeal 
under regulatory cut-go procedures under 
title II. 
(B) DECISIONS BY MAJORITY.—Each deci-
sion by the Commission to identify a rule or set 
of rules for classification under this paragraph, 
and each decision whether to classify the rule or 
set of rules under subparagraph (A)(i) or, in-
stead, subparagraph (A)(ii), shall be made by a 
simple majority vote of the Commission. No 
such vote shall take place until afer all mem-
bers of the Commission have been confirmed by 
the Senate. 
(5) INITIATION
OF
REVIEW
BY
OTHER
PER-
SONS.— 
(A) IN GENERAL.—The Commission may 
also conduct a review under paragraph (2) of, 
and, if appropriate, classify under paragraph 
(4), any rule or set of rules that is submitted 
for review to the Commission by— 
(i) the President; 
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(ii) a Member of Congress; 
(iii) any officer or employee of a Fed-
eral, State, local or tribal government, or 
regional governmental body; or 
(iv) any member of the public. 
(B) FORM OF SUBMISSION.—A submission 
to the Commission under this paragraph 
shall— 
(i) identify the specific rule or set of 
rules submitted for review; 
(ii) provide a statement of evidence to 
demonstrate that the rule or set of rules 
qualifies to be identified for repeal under 
the criteria listed in paragraph (2); and 
(iii) such other information as the 
submitter believes may be helpful to the 
Commission’s review, including a state-
ment of the submitter’s interest in the 
matter. 
(i) NOTICES AND REPORTS OF THE COMMISSION.— 
(1) NOTICES
OF
AND
REPORTS
ON
ACTIVI-
TIES.—The Commission shall publish, in the Federal 
Register and on an Internet Website of the Commis-
sion— 
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(A) notices in advance of all public meet-
ings and hearings and classifications under sub-
section (h) informing the public of the basis, 
purpose and procedures for the meeting, hear-
ing or classification; and 
(B) reports after the conclusion of any 
public meeting, hearing, or classification under 
subsection (h) summarizing in detail the basis, 
purpose and substance of the meeting, hearing, 
or classification. 
(2) ANNUAL
REPORTS
TO
CONGRESS.—Each 
year, beginning on the date that is one year after 
the date by which all Commission members have 
been confirmed by the Senate, the Commission shall 
submit a report simultaneously to each House of 
Congress detailing the activities of the Commission 
for the previous year, and listing all rules and sets 
of rules classified under subsection (h) during that 
year. For each rule or set of rules so listed, the 
Commission shall— 
(A) identify the agency that made the rule 
or set of rules; 
(B) identify the annual cost of the rule or 
set of rules to the United States economy and 
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(F) for each rule or set of rules listed 
under 
the 
criteria 
set 
forth 
in 
section 
101(h)(2)(E), the other Federal, State or local 
governmental rules that the Commission found 
the rule or set of rules to overlap, duplicate, or 
conflict with, and the bases for the Commis-
sion’s findings; and 
(G) in the case of each set of rules so list-
ed, analyze whether Congress should also con-
sider repeal of the statutory authority imple-
mented by the set of rules. 
(3) FINAL REPORT.—Not later than the date 
on which the Commission members’ appointments 
expire, the Commission shall submit a final report 
simultaneously to each House of Congress summa-
rizing all activities and recommendations of the 
Commission, including a list of all rules or sets of 
rules the Commission classified under subparagraph 
(h)(4)(A)(i) for immediate action to repeal, a sepa-
rate list of all rules or sets of rules the Commission 
classified under subparagraph (h)(4)(A)(ii) for re-
peal, and with regard to each rule or set of rules 
listed on either list, the information described in 
subparagraphs (A) through (F) of paragraph (2). 
This report may be included in the final annual re-
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port of the Commission under paragraph (2) and 
may include the Commission’s recommendation 
whether the Commission should be reauthorized by 
Congress. 
(j) REPEAL
OF
REGULATIONS; CONGRESSIONAL 
CONSIDERATION OF COMMISSION REPORTS.— 
(1) IN GENERAL.—Subject to paragraph (2)— 
(A) the head of each agency with authority 
to repeal a rule or set of rules classified by the 
Commission under subparagraph (h)(4)(A)(i) 
for immediate action to repeal and newly listed 
as such in an annual or final report of the 
Commission under subsection (i) (2) or (3) 
shall repeal the rule or set of rules as rec-
ommended by the Commission within 60 days 
after the enactment of a joint resolution under 
paragraph (2) for approval of the recommenda-
tions of the Commission in the report; and 
(B) the head of each agency with authority 
to repeal a rule or set of rules classified by the 
Commission under subparagraph (h)(4)(A)(ii) 
for repeal and newly listed as such in an annual 
or final report of the Commission under sub-
section (i) (2) or (3) shall repeal the rule or set 
of rules as recommended by the Commission 
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pursuant to section 201, following the enact-
ment of a joint resolution under paragraph (2) 
for approval of the recommendations of the 
Commission in the report. 
(2) CONGRESSIONAL APPROVAL.— 
(A) IN GENERAL.—No head of an agency 
described in paragraph (1) shall be required by 
this Act to carry out a repeal listed by the 
Commission in a report transmitted to Congress 
under subsection (i) (2) or (3) until a joint res-
olution is enacted, in accordance with the provi-
sions of subparagraph (B), approving such rec-
ommendations of the Commission for repeal. 
(B) TERMS
OF
THE
RESOLUTION.—For 
purposes of paragraph (A), the term ‘‘joint res-
olution’’ means only a joint resolution which is 
introduced after the date on which the Commis-
sion transmits to the Congress under subsection 
(i) (2) or (3) the report containing the rec-
ommendations to which the resolution pertains, 
and— 
(i) which does not have a preamble; 
(ii) the matter after the resolving 
clause of which is only as follows: ‘‘That 
Congress approves the recommendations 
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for repeal of the Retrospective Regulatory 
Review Commission as submitted by the 
Commission on llll’’, the blank 
space being filled in with the appropriate 
date; and 
(iii) the title of which is as follows: 
‘‘Approving recommendations for repeal of 
the Retrospective Regulatory Review Com-
mission.’’. 
(k) TRANSFER
OF
FUNDS
FROM
REGULATORY 
AGENCIES.—Of the unobligated amounts made available 
in future fiscal years for each agency that makes rules 
subject to review by the Commission, up to 1 percent or 
$25,000,000, whichever is greater, shall be available for 
the Commission. 
(l) CONSULTATION BETWEEN THE CHAIRMAN AND 
THE DIRECTOR.—The Chairman of the Commission shall 
consult with the Director of the Office of Management and 
Budget before making requests for agency funds under 
paragraph (j). 
TITLE II—REGULATORY CUT-GO 
SEC. 201. CUT-GO PROCEDURES. 
(a) IN GENERAL.—Except as provided in section 
101(j)(2)(A) or section 202, an agency, when the agency 
makes a new rule, shall repeal rules or sets of rules of 
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that agency classified by the Commission under section 
101(h)(4)(A)(ii), such that the annual costs of the new 
rule to the United States economy is offset by such re-
peals, in an amount equal to or greater than the cost of 
the new rule, based on the regulatory cost reductions of 
repeal identified by the Commission. 
(b) ALTERNATIVE PROCEDURE.—An agency may, al-
ternatively, repeal rules or sets of rules of that agency 
classified 
by 
the 
Commission 
under 
section 
101(h)(4)(A)(ii) prior to the time specified in subsection 
(a). If the agency so repeals such a rule or set of rules 
and thereby reduces the annual, inflation-adjusted cost of 
the rule or set of rules to the United States economy, the 
agency may thereafter apply the reduction in regulatory 
costs, based on the regulatory cost reductions of repeal 
identified by the Commission, to meet, in whole or in part, 
the regulatory cost reduction required under subsection 
(a) of this section to be made at the time the agency pro-
mulgates a new rule. 
(c) ACHIEVEMENT
OF FULL NET COST REDUC-
TIONS.— 
(1) IN GENERAL.—Subject to the provisions of 
paragraph (2), an agency may offset the costs of a 
new rule or set of rules by repealing a rule or set 
of rules listed by the Commission under section 
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101(h)(4)(A)(ii) that implement the same statutory 
authority as the new rule or set of rules. 
(2) LIMITATION.—When using the authority 
provided in paragraph (1), the agency must achieve 
a net reduction in costs imposed by the agency’s 
body of rules (including the new rule or set of rules) 
that is equal to or greater than the cost of the new 
rule or set of rules to be promulgated, including, 
whenever necessary, by repealing additional rules of 
the agency listed by the Commission under section 
101(h)(4)(A)(ii). 
SEC. 202. APPLICABILITY. 
An agency shall no longer be subject to the require-
ments of sections 201 and 203 beginning on the date that 
there is no rule or set of rules of the agency classified 
by the Commission under section 101(h)(4)(A)(ii) that has 
not been repealed such that all regulatory cost reductions 
identified by the Commission to be achievable through re-
peal have been achieved. 
SEC. 203. OIRA CERTIFICATION OF COST CALCULATIONS. 
The Administrator of the Office of Information and 
Regulatory Affairs of the Office of Management and 
Budget shall review and certify the accuracy of agency de-
terminations of the costs of new rules under section 201. 
The certification shall be included in the administrative 
VerDate Mar 15 2010 
00:14 Jun 19, 2014
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H4874
smartinez on DSK4TPTVNPROD with BILLS