I 
115TH CONGRESS 
1ST SESSION 
H. R. 998 
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 
FEBRUARY 9, 2017 
Mr. SMITH of Missouri (for himself and Mr. GOODLATTE) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform, and in addition to the Committee on the Judiciary, 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 com-
mittee 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’’ 
or as the ‘‘SCRUB Act’’. 
SEC. 2. TABLE OF CONTENTS. 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
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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or set of rules should be repealed to eliminate or reduce 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) 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. 
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(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). 
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(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 
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(D) SERVICE OF PROCESS.—All process of 
any court to which application is made under 
subparagraph (B) may be served in the judicial 
district in which the person required to be 
served resides or may be found. 
(d) PAY AND TRAVEL EXPENSES.— 
(1) PAY.— 
(A) MEMBERS.—Each member, other than 
the Chair of the Commission, shall be paid at 
a rate equal to the daily equivalent of the min-
imum 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-
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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. 
(2) PAY.—The Director shall be paid at the 
rate of basic pay payable for level V of the Executive 
Schedule under section 5316 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, fix the pay of, and terminate addi-
tional personnel. 
(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– 
15 of the General Schedule. 
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(3) AGENCY ASSISTANCE.—Following consulta-
tion with and upon request of the Chair of the Com-
mission, the head of any agency may detail any of 
the personnel of that agency to the Commission to 
assist the Commission in carrying out the duties of 
the Commission 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. 
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(2) PROPERTY.—The Commission may lease 
space and acquire personal property to the extent 
funds are available. 
(h) DUTIES OF THE COMMISSION.— 
(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 the 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 or unfunded 
mandates that could be reduced substantially with-
out significantly diminishing regulatory effectiveness, 
impose disproportionately high costs on entities that 
qualify as small entities within the meaning of sec-
tion 601(6) of title 5, United States Code, or could 
be strengthened in their effectiveness while reducing 
regulatory costs. The Commission shall have as a 
goal of the Commission to achieve a reduction of at 
least 15 percent in the cumulative costs of Federal 
regulation with a minimal reduction in the overall ef-
fectiveness of such regulation. 
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(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 
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, imposition of 
unfunded mandates, 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. 
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