I 
113TH CONGRESS 
1ST SESSION H. R. 3341 
To amend title 5, United States Code, to provide for the consideration 
of costs and benefits during rule making and for the review of existing 
rules. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 24, 2013 
Mr. KINGSTON introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 5, United States Code, to provide for the 
consideration of costs and benefits during rule making 
and for the review of existing rules. 
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 ‘‘Verifying Agencies’ 
Lasting Use of Expenditures Act of 2013’’ or the 
‘‘VALUE Act of 2013’’. 
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SEC. 2. CONSIDERATION OF COSTS AND BENEFITS DURING 
RULE MAKING. 
Chapter 5 of title 5, United States Code, is amended 
by inserting after section 553 the following: 
‘‘§ 553a. Consideration of costs and benefits during 
rule making; review of existing rules. 
‘‘(a) This section applies in the case of a rule for 
which an agency is required to follow the procedures under 
section 553. 
‘‘(b) An agency, when making a rule, shall— 
‘‘(1) clearly identify the nature and source of 
the problem that the proposed rule is designed to 
address, as well as assess the significance of that 
problem, to enable assessment of whether any new 
rule is warranted; 
‘‘(2) assess the costs and benefits of the rule, 
both qualitative and quantitative, and propose a rule 
only on a reasoned determination that the benefits 
of the rule justify the costs of the rule; and 
‘‘(3) identify and assess available alternatives to 
the rule that were considered, including amending 
an existing rule and not regulating, together with an 
explanation of why the rule meets the regulatory ob-
jectives more effectively than the alternatives. 
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‘‘(c) Notwithstanding any other provision of law, a 
rule may not take effect unless an agency complies with 
subsection (b), except as provided in subsection (d). 
‘‘(d)(1) Notwithstanding any other provision of this 
section, if the President makes a determination under 
paragraph (2) and submits written notice of such deter-
mination to the Congress, a rule that would not take effect 
by reason of subsection (c) may take effect for a period 
of 120 days beginning on the date that the President 
makes a determination under paragraph (2). 
‘‘(2) Paragraph (1) applies to a determination made 
by the President by Executive order that the rule should 
take effect because such rule is— 
‘‘(A) necessary because of an imminent threat 
to health or safety or other emergency; 
‘‘(B) necessary for the enforcement of criminal 
laws; 
‘‘(C) necessary for national security; or 
‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement. 
‘‘(e)(1) Not later than 5 years after the date of the 
enactment of the Verifying Agencies’ Lasting Use of Ex-
penditures Act of 2013, and every 5 years thereafter, the 
Administrator of the Office of Information and Regulatory 
Affairs of the Office of Management and Budget shall— 
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‘‘(A) review the rules of each agency and assess 
the costs and benefits of such rules to determine 
whether any such rules are outmoded, ineffective, in-
sufficient, or excessively burdensome; and 
‘‘(B) submit a report to the head of each agen-
cy regarding the review conducted under subpara-
graph (A) of that agency’s rules. 
‘‘(2) Upon receiving a report under paragraph 
(1)(B), the head of an agency shall modify, streamline, 
or repeal any rules that the Administrator finds are out-
moded, ineffective, insufficient, or excessively burdensome 
in accordance with such report.’’. 
Æ 
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