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 meth-
odology, 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.
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 ‘‘Major Regulation Cost 
Review Act of 2004’’.
SEC. 2. REQUIREMENT FOR PERIODIC REVIEW OF ALL 
MAJOR RULES. 
(a) REQUIREMENT.—Chapter 6 of title 5, United 
States Code, is amended by inserting after section 610 the 
following new section: 
‘‘§ 610a. Periodic review of major rules 
‘‘(a) REQUIREMENT
FOR
REVIEW
OF
MAJOR 
RULES.—Not later than 180 days after the date of the 
enactment of the Major Regulation Cost Review Act of 
2004, each agency shall publish in the Federal Register 
a plan for the periodic review of all the major rules issued 
by the agency. Such plan may be amended by the agency 
at any time by publishing the revision in the Federal Reg-
ister. 
‘‘(b) PURPOSE OF REVIEW.—The purpose of the re-
view shall be to determine whether such rules should be 
continued without change, or should be amended or re-
scinded, consistent with the stated objectives of applicable 
statutes. 
‘‘(c) REVIEW WITHIN FIVE YEARS.—The plan shall 
provide for the review of all such agency rules existing on 
the effective date of the Major Regulation Cost Review Act 
of 2004 within five years after that date and for the review 
of such rules adopted after such effective date within five 
years after the publication of such rules as the final rule. 
If the head of the agency determines that completion of
the review of existing rules is not feasible by the estab-
lished date, the head of the agency shall so certify in a 
statement published in the Federal Register and may ex-
tend the completion date by one year at a time for a total 
of not more than five years. 
‘‘(d) FACTORS TO CONSIDER.—In reviewing major 
rules in a manner consistent with the stated objectives of 
applicable statutes, the agency shall consider the following 
factors: 
‘‘(1) The continued need for the rule. 
‘‘(2) The nature of complaints or comments re-
ceived concerning the rule from the public. 
‘‘(3) The complexity of the rule. 
‘‘(4) The extent to which the rule overlaps, du-
plicates, or conflicts with other Federal rules, and, 
to the extent feasible, with State and local govern-
mental rules. 
‘‘(5) The length of time since the rule has been 
evaluated or the degree to which technology, eco-
nomic conditions, or other factors have changed in 
the area affected by the rule. 
‘‘(e) COST-BENEFIT ANALYSIS.—The review shall in-
clude a cost-benefit analysis of the rule, using the stand-
ard cost-benefit methodology included in Office of Man-
agement and Budget Circular A–4 (relating to regulatory
analysis and issued September 17, 2003). The cost-benefit 
analysis shall include an identification and consideration 
of a range of less costly regulatory alternatives. 
‘‘(f) PUBLICATION OF LIST OF RULES TO BE RE-
VIEWED.—Each year, each agency shall publish in the 
Federal Register a list of the major rules which are to 
be reviewed pursuant to this section during the succeeding 
12 months and which are to be included in the accounting 
statement and associated report submitted to Congress by 
the Director of the Office of Management and Budget 
under paragraph (4) of section 624(a) of the Treasury and 
General Government Appropriations Act, 2001 (as added 
by section 3 of the Major Regulation Cost Review Act of 
2004). The list shall include a brief description of each 
such major rule and the need for and legal basis of such 
rule, and shall invite public comment upon the rule. 
‘‘(g) MAJOR RULE DEFINED.—In this section, the 
term ‘major rule’ has the meaning provided by section 804 
of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 6 of title 5, United States Code, is amended 
by inserting after the item relating to section 610 the fol-
lowing new item:
‘‘610a. Periodic review of major rules.’’.
(2) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) USE OF AGENCY COST-BENEFIT ANALYSES RE-
QUIRED.—To carry out subsection (a), the Director of the 
Office of Management and Budget shall require each 
agency annually to submit to the Office of Management 
and Budget the cost-benefit analyses conducted under sec-
tion 610a of title 5, United States Code, for major rules 
of the agency during the preceding year.’’.
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