cluding information on each set of costs and benefits iden-
tified pursuant to paragraphs (1) through (3) of sub-
section (b). 
‘‘(d) COMMENT PHASE.—During the 90-day period 
beginning on the date that the report under subsection 
(c) is published, the agency shall give interested persons 
an opportunity to submit a comment on the review 
through submission of written data, views, or arguments 
with or without opportunity for oral presentation. 
‘‘(e) FINAL DETERMINATION ON THE RULE.—After 
consideration of the relevant matter presented, the agency 
shall make a final determination on whether the rule 
should be amended, continue in effect without amendment, 
or be repealed, and not later than 30 days after the period 
described in subsection (d) expires, publish that final de-
termination in the Federal Register. That final determina-
tion shall be made as to whether there is a way to accom-
plish the objectives of the rule in a more effective, less 
burdensome, or less costly manner. 
‘‘(f) REVIEW BY THE ADMINISTRATOR.—Each final 
determination by an agency under subsection (e) shall be 
reviewed by the Administrator not later than 30 days after 
the agency publishes that determination. If the Adminis-
trator determines that the agency determination with re-
gard to that rule does not result in an outcome that ac-
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complishes the objectives of the rule in a more effective, 
less burdensome, or less costly manner, then the Adminis-
trator shall notify the agency promptly and the Director 
of the Office of Management and Budget shall make a 
determination as to whether the agency determination 
should be revised. 
‘‘(g) REPEALED RULES; AMENDED RULES.— 
‘‘(1) REPEALED RULES.—If the agency deter-
mines that the rule should be repealed, the agency 
may establish a transition period of not more than 
6 months for the repeal of the rule. The rule shall 
cease to have effect beginning on the date that the 
transition period ends. 
‘‘(2) AMENDED RULES.—If the agency deter-
mines that the rule should be amended, the agency 
shall, not later than 3 months after such determina-
tion is made, commence appropriate action in ac-
cordance with this chapter to make such amend-
ment. 
‘‘(h) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, each determination by an agency under 
this section shall be subject to judicial review under chap-
ter 7. 
‘‘(i) REPORT TO CONGRESS.—Not later than 30 days 
after the publication a final determination under sub-
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section (e), the agency shall submit to Congress a report 
detailing that determination. 
‘‘(j) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘cost’ means, with respect to a 
rule, the cost of that rule, including direct, indirect, 
and cumulative costs and estimated impacts on jobs, 
economic growth, innovation, and economic competi-
tiveness, to each person who is significantly affected 
by the rule. 
‘‘(2) The term ‘benefit’ means, with respect to 
a rule, the benefit of that rule, including direct, indi-
rect, and cumulative benefits and estimated impacts 
on jobs, economic growth, innovation, and economic 
competitiveness, to each person who is significantly 
affected by the rule. 
‘‘(k) APPLICATION.—The provisions of this section 
shall apply only to rules that take effect during the period 
beginning on January 1, 2011.’’. 
(b) Section 551 of title 5, United States Code, is 
amended as follows: 
(1) In paragraph (13), by striking ‘‘and’’ at the 
end. 
(2) In paragraph (14), by striking the period at 
the end and inserting ‘‘; and’’. 
(3) By adding at the end the following: 
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‘‘(15) ‘major rule’ has the meaning given such 
term in section 804.’’. 
(c) The table of sections for chapter 5 of title 5, 
United States Code, is amended by inserting after the 
entry relating to section 553 the following: 
‘‘553a. Periodic review of major rules.’’. 
Æ 
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