I 
109TH CONGRESS 
1ST SESSION H. R. 3143 
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 
JUNE 30, 2005 
Mr. BARRETT of South Carolina (for himself, Mr. GINGREY, Mrs. MUSGRAVE, 
Mr. HOSTETTLER, Mr. BRADY of Texas, Mr. GARRETT of New Jersey, 
Mr. AKIN, Mr. WICKER, Mr. GOODE, Mr. KUHL of New York, Mr. MIL-
LER of Florida, Mr. ISTOOK, Mr. CHOCOLA, Mr. WILSON of South Caro-
lina, Mrs. CUBIN, Mr. FLAKE, Mr. BROWN of South Carolina, Mr. 
WELDON of Florida, Mr. PENCE, Mr. WAMP, Mr. GUTKNECHT, Mr. 
FEENEY, Mr. ROYCE, Mr. TERRY, Ms. HART, Mr. JONES of North Caro-
lina, Mr. CHABOT, Mrs. MYRICK, Mr. CANTOR, Mr. ROHRABACHER, Mr. 
TANCREDO, Mr. BISHOP of Utah, Mr. MCHENRY, and Mr. SOUDER) in-
troduced the following bill; which was referred to the Committee on Gov-
ernment 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 2005’’. 
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 
2005, 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 2005 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 
2005). 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.’’. 
SEC. 3. REQUIREMENTS FOR OMB RELATING TO ANNUAL 
ACCOUNTING STATEMENT. 
(a) REQUIREMENT TO INCLUDE LIST OF RULES TO 
BE REVIEWED IN ANNUAL ACCOUNTING STATEMENT.— 
Section 624(a) of the Treasury and General Government 
Appropriations Act, 2001 (as enacted into law by Public 
Law 106–554; 114 Stat. 2763A–161), is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) a list of the major rules which are to be 
reviewed by each agency, during the year following 
the year in which the statement and report are sub-
mitted, pursuant to section 610a of title 5, United 
States Code.’’. 
(b) REQUIREMENT TO USE AGENCY COST-BENEFIT 
ESTIMATES IN ANNUAL ACCOUNTING STATEMENT.—Sec-
tion 624 of the Treasury and General Government Appro-
priations Act, 2001 (as enacted into law by Public Law 
106–554; 114 Stat. 2763A–161), is amended—
(1) by redesignating subsections (b), (c), and 
(d) as subsections (c), (d), and (e), respectively; and 
(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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