I 
114TH CONGRESS 
2D SESSION 
H. R. 5513 
To provide for Federal agency accountability and improve the effectiveness 
of major rules in accomplishing their regulatory objectives by requiring 
retrospective review and report, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2016 
Mr. GRAVES of Louisiana (for himself, Mr. CUELLAR, Mr. BOUSTANY, Mr. 
ABRAHAM, Mr. CRAMER, Mr. BABIN, Mr. AUSTIN SCOTT of Georgia, Mr. 
BISHOP of Michigan, Mr. LOUDERMILK, Mr. KING of Iowa, Mr. ROKITA, 
Mr. GOHMERT, Mr. HULTGREN, Mr. YOHO, Mr. DOLD, and Mr. SMITH 
of Missouri) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To provide for Federal agency accountability and improve 
the effectiveness of major rules in accomplishing their 
regulatory objectives by requiring retrospective review 
and report, 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 ‘‘Providing Retrospec-
tive Observations Validating Economics and Increasing 
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Transparency Act of 2016’’ or as the ‘‘PROVE IT Act 
of 2016’’. 
SEC. 2. INCORPORATING RETROSPECTIVE REVIEW FOR 
NEW MAJOR RULES. 
(a) IN GENERAL.—Subchapter II of chapter 5 of title 
5, United States Code, is amended— 
(1) in section 551— 
(A) in paragraph (13), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (14), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(15) ‘Administrator’ means the Administrator 
of the Office of Information and Regulatory Affairs 
of the Office of Management and Budget; and 
‘‘(16) ‘major rule’ means any rule that the Ad-
ministrator finds has resulted in or is likely to result 
in— 
‘‘(A) an annual effect on the economy of 
$100,000,000 or more; 
‘‘(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
State, or local government agencies, or geo-
graphic regions; or 
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‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, or on the ability of United States- 
based enterprises to compete with foreign-based 
enterprises in domestic and export markets.’’; 
and 
(2) in section 553, by adding at the end the fol-
lowing: 
‘‘(f) REGULATION-SPECIFIC FRAMEWORKS.— 
‘‘(1) IN GENERAL.—Beginning 180 days after 
the date of enactment of this subsection, when an 
agency publishes a final major rule in the Federal 
Register, the agency shall publish a report on the 
benefits and costs of the final rule on entities whose 
conduct is regulated by the rule in the Federal Reg-
ister biannually thereafter while the rule remains in 
effect. The report shall— 
‘‘(A) assess the impacts, including any 
costs, of the major rule on regulated entities; 
‘‘(B) include a determination about how 
the actual benefits and costs of the major rule 
has varied from those anticipated at the time 
the major rule was issued; 
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‘‘(C) assess the effectiveness and benefits 
of the major rule in producing the regulatory 
objectives of the major rule; and 
‘‘(D) be reviewed by the Administrator 
when required under Executive order. 
‘‘(2) REPORT TO CONGRESS.—The agency shall 
provide a report to Congress not later than 90 days 
after the agency makes any determination under 
paragraph (1)(C) that the cost to regulated entities 
has exceeded the anticipated cost at the time the 
final rule was issued. Agencies shall assess in their 
report— 
‘‘(A) whether the major rule is accom-
plishing its regulatory objective; and 
‘‘(B) whether the major rule has been ren-
dered unnecessary, taking into consideration— 
‘‘(i) changes in the subject area af-
fected by the major rule; 
‘‘(ii) whether the major rule overlaps, 
duplicates, or conflicts with other rules or, 
to the extent feasible, State and local gov-
ernment regulations; and 
‘‘(iii) other alternatives to the major 
rule or modification of the major rule could 
achieve better results while imposing a 
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smaller burden on society or at a lower 
cost, taking into consideration any cost al-
ready incurred. 
‘‘(3) REOPENING OF PUBLIC DOCKET.—Upon 
delivery of the report required in paragraph (2) the 
agency shall— 
‘‘(A) reopen the public docket for 60 days 
to receive additional comments; and 
‘‘(B) consider modifications or alternatives 
that reduce costs and increase benefits to regu-
lated entities or individuals. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to affect any other 
provision of law that requires an agency to conduct 
retrospective reviews of rules issued by the agency.’’. 
Æ 
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