[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2607 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2607
To provide for the establishment of a process for the review of rules
and sets of rules, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Ms. Ernst (for herself and Mrs. Fischer) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Searching for and
Cutting Regulations that are Unnecessarily Burdensome Act of 2023'' or
the ``SCRUB Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--RETROSPECTIVE REGULATORY REVIEW COMMISSION
Sec. 101. Retrospective Regulatory Review Commission.
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; EFFECTIVE DATE
Sec. 401. Judicial review.
Sec. 402. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Information and Regulatory
Affairs of the Office of Management and Budget.
(2) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(3) Commission.--The term ``Commission'' means the
Retrospective Regulatory Review Commission established under
section 101(a).
(4) Major rule.--The term ``major rule'' means any rule
that the Administrator determines is likely to impose--
(A) an annual cost on the economy of $100,000,000
or more, adjusted annually for inflation;
(B) a major increase in costs or prices for
consumers, individual industries, Federal, State,
local, or Tribal government agencies, or geographic
regions;
(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets; or
(D) significant impacts on multiple sectors of the
economy.
(5) Rule.--The term ``rule'' has the meaning given that
term in section 551 of title 5, United States Code.
(6) Set of rules.--The term ``set of rules'' means a set of
rules that collectively implements a regulatory authority of an
agency.
TITLE I--RETROSPECTIVE REGULATORY REVIEW COMMISSION
SEC. 101. RETROSPECTIVE REGULATORY REVIEW COMMISSION.
(a) Establishment.--There is established a commission, to be known
as the ``Retrospective Regulatory Review 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.
(b) Membership.--
(1) Number.--The Commission shall be composed of 9 members
who shall be appointed by the President and confirmed by the
Senate.
(2) Date of appointment.--Each member shall be appointed
not later than 180 days after the date of enactment of this
Act.
(3) Term.--The term of each member shall commence upon the
confirmation of the member by the Senate and shall extend to
the later of--
(A) the date that is 5 years and 180 days after the
date of enactment of this Act; or
(B) the date that is 5 years after the date by
which all members have been confirmed by the Senate.
(4) Appointment.--The members of the Commission 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, past chairmen of the Administrative
Conference of the United States, and other individuals
with similar expertise and experience in rulemaking
affairs and the administration of regulatory reviews.
(B) Candidate list of members.--
(i) In general.--The Speaker of the House
of Representatives, the Minority Leader of the
House of Representatives, 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, which individuals shall be learned
in rulemaking affairs and, preferably,
administration of regulatory reviews.
(ii) Appointment from list.--The President
shall appoint 2 members of the Commission from
each list provided under clause (i), subject to
the provisions of subparagraph (C).
(C) Resubmission of candidate.--The President may
request from the presenter of a list under subparagraph
(B)(i) a new list of 1 or more candidates if the
President--
(i) determines that any candidate on the
list presented pursuant to subparagraph (B)(i)
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
subparagraph (B)(i).
(c) Powers and Authorities of the Commission.--
(1) Meetings and hearings.--
(A) Meetings.--The Commission may meet when, where,
and as often as the Commission determines appropriate,
except that the Commission shall hold public meetings
not less than twice each year.
(B) Hearings.--In addition to meetings held under
subparagraph (A), the Commission may hold hearings to
consider issues of fact or law relevant to the work of
the Commission.
(2) Access to information.--
(A) In general.--The Commission may secure directly
from any agency information and documents necessary to
enable the Commission to carry out this Act.
(B) Timeline for providing information.--Upon
request of the Chair of the Commission, the head of
that agency shall furnish that information or document
to the Commission as soon as possible, but not later
than 2 weeks after the date on which the request was
made.
(3) Subpoenas.--
(A) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and
the production of any evidence relating to the duties
of the Commission.
(B) Jurisdiction.--The attendance of witnesses and
the production of evidence may be required from any
place within the United States at any designated place
of hearing within the United States.
(C) Failure to obey a subpoena.--
(i) In general.--If a person refuses to
obey a subpoena issued under subparagraph (A),
the Commission may apply to a United States
district court for an order requiring that
person to appear before the Commission to give
testimony, produce evidence, or both, relating
to the matter under investigation.
(ii) Court of jurisdiction for
application.--The application may be made
within the judicial district where the hearing
is conducted or where that person is found,
resides, or transacts business.
(iii) Penalty.--Any failure to obey the
order of the court may be punished by the court
as civil contempt.
(D) Service of subpoenas.--The subpoenas of the
Commission shall be served in the manner provided for
subpoenas issued by a United States district court
under the Federal Rules of Civil Procedure for the
United States district courts.
(E) Service of process.--All process of any court
to which application is made under subparagraph (C) 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 minimum 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 minimum 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 subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(e) Director of Staff.--
(1) In general.--The Commission shall appoint 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 additional personnel.
(2) Limitations on appointment.--The Director may make such
appointments without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and any personnel so appointed may be paid without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed may
not receive pay in excess of the annual rate of basic pay
payable for GS-15 of the General Schedule.
(3) Agency assistance.--Following consultation with and
upon request of the Chair of the Commission, 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 Comptroller General of
the United States and the Administrator shall provide
assistance, including the detailing of employees, to the
Commission in accordance with an agreement entered into with
the Commission.
(5) Assistance from other parties.--Congress, the States,
municipalities, federally recognized Indian Tribes, and local
governments may provide assistance, including the detailing of
employees, to the Commission in accordance with an agreement
entered into with the Commission.
(g) Other Authority.--
(1) Experts and consultants.--The Commission 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.
(2) Property.--The Commission may lease space and acquire
personal property to the extent funds are available.
(h) Duties of the Commission.--
(1) Review.--
(A) In general.--The Commission shall conduct a
review of the Code of Federal Regulations to identify
rules and sets of rules that collectively implement a
regulatory program that should be repealed to lower the
cost of regulation to the economy.
(B) Priority.--The Commission shall give priority
in the review 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 that could be
reduced substantially without significantly diminishing
regulatory effectiveness, impose disproportionately
high costs on entities that qualify as small entities
within the meaning of section 601(6) of title 5, United
States Code, or could be strengthened in their
effectiveness while reducing regulatory costs.
(C) Goal.--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 effectiveness
of such regulation.
(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 Commission 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 significant recurrence of
adverse effects or conduct that the rule or set of
rules was intended to prevent or reduce.
(B) Whether the implementation, compliance,
administration, enforcement 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 technology, economic
conditions, market practices, or other relevant factors
have changed in the subject area affected by the rule
or set of rules.
(D) Whether the rule or set of rules is ineffective
at achieving the purposes of the rule or set of rules.
(E) Whether the rule or set of rules overlaps,
duplicates, or conflicts with other Federal rules, and
to the extent feasible, with State and local
governmental rules.
(F) Whether the rule or set of rules has excessive
compliance costs or is otherwise excessively
burdensome, as compared to alternatives that--
(i) specify performance objectives rather
than conduct or manners of compliance;
(ii) establish economic incentives to
encourage desired behavior;
(iii) provide information upon which
choices can be made by the public;
(iv) incorporate other innovative
alternatives rather than agency actions that
specify conduct or manners of compliance; or
(v) could in other ways substantially lower
costs without significantly undermining
effectiveness.
(G) Whether the rule or set of rules inhibits
innovation in or growth of the United States economy,
such as by impeding the introduction or use of safer or
equally safe technology that is newer or more efficient
than technology required by or permissible under the
rule or set of rules.
(H) Whether or not the rule or set of rules harms
competition within the United States economy or the
international economic competitiveness of enterprises
or entities based in the United States.
(I) Such other criteria as the Commission devises
to identify rules and sets of rules that can be
repealed to eliminate or reduce unnecessarily
burdensome costs to the United States economy.
(3) Methodology for review.--
(A) In general.--The Commission shall establish a
methodology for conducting the review under this
subsection (including an overall review and discrete
reviews of portions of the Code of Federal
Regulations), identifying rules and sets of rules, and
classifying rules under this subsection and publish the
terms of the methodology in the Federal Register and on
the website of the Commission.
(B) Public comment.--The Commission may propose and
seek public comment on the methodology before the
methodology is established.
(4) Classification of rules and sets of rules.--
(A) In general.--After completion of any review of
rules or sets of rules under paragraph (2), the
Commission shall classify each rule or set of rules
identified in the review to qualify for recommended
repeal as either a rule or set of rules--
(i) on which immediate action to repeal is
recommended; or
(ii) that should be eligible for repeal
under regulatory cut-go procedures under title
II.
(B) Decisions by majority.--
(i) In general.--Each decision by the
Commission to identify a rule or set of rules
for classification under this paragraph, and
each decision whether to classify the rule or
set of rules under clause (i) or (ii) of
subparagraph (A), shall be made by a simple
majority vote of the Commission.
(ii) Requirement for vote.--No such vote
shall take place until after all members of the
Commission have been confirmed by the Senate.
(5) Initiation of review by other persons.--
(A) In general.--The Commission may also conduct a
review under paragraph (2) of, and, if appropriate,
classify under paragraph (4), any rule or set of rules
that is submitted for review to the Commission by--
(i) the President;
(ii) a Member of Congress;
(iii) any officer or employee of a Federal,
State, local, or Tribal government, or regional
governmental body; or
(iv) any member of the public.
(B) Form of submission.--A submission to the
Commission under this paragraph shall--
(i) identify the specific rule or set of
rules submitted for review;
(ii) provide a statement of evidence to
demonstrate that the rule or set of rules
qualifies to be identified for repeal under the
criteria listed in paragraph (2); and
(iii) such other information as the
submitter believes may be helpful to the review
by the Commission, including a statement of the
interest of the submitter in the matter.
(C) Public availability.--The Commission shall make
each submission received under this paragraph available
on the website of the Commission as soon as possible,
but not later than 1 week after the date on which the
submission was received.
(i) Notices and Reports of the Commission.--
(1) Notices of and reports on activities.--The Commission
shall publish, in the Federal Register and on the website of
the Commission--
(A) notices in advance of all public meetings,
hearings, and classifications under subsection (h)
informing the public of the basis, purpose, and
procedures for the meeting, hearing, or classification;
and
(B) reports after the conclusion of any public
meeting, hearing, or classification under subsection
(h) summarizing in detail the basis, purpose, and
substance of the meeting, hearing, or classification.
(2) Annual reports to congress.--
(A) In general.--Not later than 1 year after the
date on which all Commission members have been
confirmed by the Senate, and annually thereafter, the
Commission shall submit a report simultaneously to each
House of Congress detailing the activities of the
Commission for the previous year, and listing all rules
and sets of rules classified under subsection (h)
during that year.
(B) Information included.--For each rule or set of
rules listed under subparagraph (A), the Commission
shall--
(i) identify the agency that made the rule
or set of rules;
(ii) identify the annual cost of the rule
or set of rules to the United States economy
and the basis upon which the Commission
identified that cost;
(iii) identify whether the rule or set of
rules was classified under clause (i) or clause
(ii) of subsection (h)(4)(A);
(iv) identify the criteria under subsection
(h)(2) that caused the classification of the
rule or set of rules and the basis upon which
the Commission determined that those criteria
were met;
(v) for each rule or set of rules listed
under the criteria set forth in subparagraph
(B), (D), (F), (G), or (H) of subsection
(h)(2), or other criteria established by the
Commission under subparagraph (I) of such
subsection under which the Commission evaluated
alternatives to the rule or set of rules that
could lead to lower regulatory costs, identify
alternatives to the rule or set of rules that
the Commission recommends the agency consider
as replacements for the rule or set of rules
and the basis on which the Commission rests the
recommendations, and, in identifying such
alternatives, emphasize alternatives that will
achieve regulatory effectiveness at the lowest
cost and with the lowest adverse impacts on
jobs;
(vi) for each rule or set of rules listed
under the criteria set forth in subsection
(h)(2)(E), the other Federal, State, or local
governmental rules that the Commission found
the rule or set of rules to overlap, duplicate,
or conflict with, and the basis for the
findings of the Commission; and
(vii) in the case of each set of rules so
listed, analyze whether Congress should also
consider repeal of the statutory authority
implemented by the set of rules.
(3) Final report.--
(A) In general.--Not later than the date on which
the appointments of the members of the Commission
expire, the Commission shall submit a final report
simultaneously to each House of Congress summarizing
all activities and recommendations of the Commission,
including a list of all rules or sets of rules the
Commission classified under clause (i) of subsection
(h)(4)(A) for immediate action to repeal, a separate
list of all rules or sets of rules the Commission
classified under clause (ii) of subsection (h)(4)(A)
for repeal, and with regard to each rule or set of
rules listed on either list, the information described
in subparagraphs (A) through (F) of subsection (h)(2).
(B) Inclusion in final report.--The report required
under subparagraph (A) may be included in the final
annual report of the Commission under paragraph (2) and
may include the recommendation of the Commission as to
whether the Commission should be reauthorized by
Congress.
(j) Repeal of Regulations; Congressional Consideration of
Commission Reports.--
(1) In general.--Subject to paragraph (2)--
(A) the head of each agency with authority to
repeal a rule or set of rules classified by the
Commission under subsection (h)(4)(A)(i) for immediate
action to repeal and newly listed as such in an annual
or final report of the Commission under paragraph (2)
or (3) of subsection (i) shall repeal the rule or set
of rules as recommended by the Commission within 60
days after the enactment of a joint resolution under
paragraph (2) for approval of the recommendations of
the Commission in the report; and
(B) the head of each agency with authority to
repeal a rule or set of rules classified by the
Commission under subsection (h)(4)(A)(ii) for repeal
and newly listed as such in an annual or final report
of the Commission under paragraph (2) or (3) of
subsection (i) shall repeal the rule or set of rules as
recommended by the Commission pursuant to section 201,
following the enactment of a joint resolution under
paragraph (2) for approval of the recommendations of
the Commission in the report.
(2) Congressional approval procedures.--
(A) Definition.--For purposes of this subsection,
the term ``joint resolution'' means only a joint
resolution--
(i) which is introduced after the date on
which the Commission transmits to Congress
under paragraph (2) or (3) of subsection (i)
the report containing the recommendations to
which the joint resolution pertains;
(ii) which does not have a preamble;
(iii) the matter after the resolving clause
of which is only as follows: ``That Congress
approves the recommendations for repeal of the
Retrospective Regulatory Review Commission as
submitted by the Commission on ____'', the
blank space being filled in with the
appropriate date; and
(iv) the title of which is as follows:
``Approving recommendations for repeal of the
Retrospective Regulatory Review Commission.''.
(B) Introduction of joint resolution.--Not later
than 5 session days after the date on which a House of
Congress receives a report transmitted to Congress
under paragraph (2) or (3) of subsection (i), the
majority leader of that House (or his or her respective
designee) shall introduce, by request, a joint
resolution described in subparagraph (A).
(C) Referral of joint resolution.--
(i) In general.--A joint resolution
introduced under subparagraph (B) shall be
referred to--
(I) the Committee on Homeland
Security and Governmental Affairs of
the Senate, in the case of a joint
resolution introduced in the Senate;
and
(II) the Committee on Oversight and
Accountability of the House of
Representatives, in the case of a joint
resolution introduced in the House of
Representatives.
(ii) Report to full house.--Not later than
30 days after the date on which a joint
resolution is introduced under subparagraph
(B), the committees to which the joint
resolution has been referred under clause (i)
shall each report the joint resolution--
(I) without any revision or
amendment; and
(II) with a favorable
recommendation, an unfavorable
recommendation, or without
recommendation.
(iii) Failure to report.--If a committee
fails to report a joint resolution within the
period described in clause (ii), the committee
shall be automatically discharged from
consideration of the joint resolution and the
joint resolution shall be placed on the
appropriate calendar.
(D) Senate procedures.--
(i) In general.--In the Senate, when the
committee to which a joint resolution described
in subparagraph (A) is referred has reported
the joint resolution under subparagraph
(C)(ii), or when the committee is discharged
under subparagraph (C)(iii) from further
consideration of the joint resolution, it is at
any time thereafter in order for a motion to
proceed to consideration of the joint
resolution, and all points of order against the
joint resolution and against consideration of
the joint resolution are waived.
(ii) Debate on motion to proceed.--
(I) In general.--In the Senate, the
motion to proceed to the joint
resolution is non-debatable and is not
subject to amendment, a motion to
postpone, or to a motion to proceed to
the consideration of other business.
(II) Motion to reconsider.--A
motion to reconsider the vote by which
the motion is agreed to or disagreed to
shall not be in order.
(III) Vote on motion to proceed.--A
vote on the motion to proceed shall
occur upon the expiration or yielding
back of the time for debate without any
further debate or any intervening
motion or other action.
(IV) Repeated motions.--Repeated
motions to proceed to the joint
resolution are in order, if necessary.
(V) Unfinished business.--If a
motion to proceed to the consideration
of the joint resolution is agreed to,
the joint resolution shall remain the
unfinished business of the Senate until
disposed of.
(iii) Debate on joint resolution.--
(I) In general.--In the Senate,
debate on the joint resolution shall be
limited to not more than 30 hours,
which shall be divided equally between
those favoring and those opposing the
joint resolution.
(II) Amendment.--An amendment to
the joint resolution or any motion,
including a motion to recommit, is not
in order.
(iv) Vote on final passage.--In the Senate,
the third reading of the joint resolution shall
be considered to have occurred and a vote on
final passage shall occur immediately upon the
expiration or yielding back of the time for
debate without any intervening motion or other
action.
(v) Veto override.--
(I) Presidential veto.--
(aa) In general.--If the
President vetoes a joint
resolution described in
subparagraph (A), in the
Senate, upon receipt of the
veto message from the President
or the House of
Representatives, the veto
message shall be considered as
read, printed in the
Congressional Record, and
entered in the Senate Journal.
(bb) Proceed to
consideration.--The Senate
shall immediately proceed to
consideration of whether to
pass the joint resolution, the
objections of the President
notwithstanding.
(II) Debate.--In the Senate, debate
on a veto message shall be limited to
not more than 30 hours, which shall be
divided equally between those favoring
and those opposing the joint
resolution, and any motion, including a
motion to table, to refer to a
committee, or to proceed to another
measure, is not in order.
(III) Vote.--In the Senate, a vote
to override a veto shall occur
immediately upon the expiration or
yielding back of the time for debate
without any intervening motion or other
action.
(E) House of representatives procedures.--
(i) In general.--In the House of
Representatives, the Speaker of the House of
Representatives shall declare the House
resolved into a Committee of the Whole
immediately after approval of the Journal on
the day after the committee to which a joint
resolution described in subparagraph (A) was
referred reports the joint resolution under
subparagraph (C)(ii) or is discharged from
consideration of the joint resolution under
subparagraph (C)(iii).
(ii) Points of order.--All points of order
against the joint resolution and against
consideration of the joint resolution are
waived.
(iii) Debate.--
(I) In general.--In the House of
Representatives, debate on the joint
resolution shall be limited to not more
than 30 hours, which shall be divided
equally between those favoring and
those opposing the joint resolution.
(II) Amendment.--An amendment to
the joint resolution or any motion,
including a motion to recommit, is not
in order.
(III) Consideration of previous
question.--When the joint resolution is
called up, the previous question shall
be considered as ordered to its passage
without intervening motion upon the
expiration or yielding back of the time
for debate without any further debate
or intervening motion or other action.
(F) Procedures with duplicate joint resolutions.--
If, before passing a joint resolution described in
subparagraph (A), 1 House of Congress receives from the
other a joint resolution having the same text, then--
(i) the joint resolution of the other House
shall not be referred to a committee; and
(ii) the receiving House shall consider the
joint resolution of the other House as if the
committee of the receiving House to which the
joint resolution would have been referred to
under subparagraph (C)(i) had reported the
joint resolution under subparagraph (C)(ii) or
was discharged from consideration of the joint
resolution under subparagraph (C)(iii).
(3) Reissuance of rules.--
(A) No substantially similar rule to be reissued.--
A rule that is repealed under paragraph (1) or section
201 may not be reissued in substantially the same form,
and a new rule that is substantially the same as such a
rule may not be issued, unless the reissued or new rule
is specifically authorized by a law enacted after the
date of the joint resolution approving the
recommendation of the Commission to repeal the original
rule.
(B) Agency to ensure avoidance of similar
defects.--An agency, in making any new rule to
implement statutory authority previously implemented by
a rule repealed under paragraph (1) or section 201,
shall assure that--
(i) the new rule does not result in the
same adverse effects of the repealed rule that
caused the Commission to recommend to Congress
the repeal of the latter; and
(ii) the new rule will not result in new
adverse effects of the kind described in the
criteria specified under subsection (h)(2).
(k) Website.--
(1) In general.--The Commission shall establish a public
website that--
(A) uses current information technology to make
records available on the website;
(B) provides information in a standard data format;
and
(C) receives and publishes public comments.
(2) Publishing of information.--Any information required to
be made available on the website established under paragraph
(1) shall be published in a timely manner and accessible by the
public on the website at no cost.
(3) Record of public meetings and hearings.--All records of
public meetings and hearings shall be published on the website
established under paragraph (1) as soon as possible, but not
later than 1 week after the date on which such public meeting
or hearing occurred.
(4) Public comments.--The Commission shall publish on the
website established under paragraph (1) all public comments and
submissions.
(5) Notices.--The Commission shall publish on the website
established under paragraph (1) notices of all public meetings
and hearings not later than 1 week before the date on which
such public meeting or hearing occurs.
(l) Applicability of the Federal Advisory Committee Act.--
(1) In general.--Except as otherwise provided in this Act,
the Commission shall be subject to the provisions of chapter 10
of title 5, United States Code.
(2) Advisory committee management officer.--The Commission
shall not be subject to the control of any Advisory Committee
Management Officer designated under section 1007(b) of title 5,
United States Code.
(3) Subcommittee.--Any subcommittee of the Commission shall
be treated as the Commission for purposes of chapter 10 of
title 5, United States Code.
(4) Charter.--The enactment of this Act shall be considered
to meet the requirements of the Commission under section
1008(c) of title 5, United States Code.
(m) Termination.--The Commission shall terminate on the later of--
(1) the date that is 5 years and 180 days after the date of
enactment of this Act; or
(2) 5 years after the date on which the terms of all
members of the Commission have commenced.
(n) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to the Commission to carry out
this title, but not more than $30,000,000.
(2) Availability.--Any sums appropriated under paragraph
(1) shall remain available, without fiscal year limitation,
until the earlier of--
(A) the date on which such sums are expended; or
(B) the date on which the Commission terminates.
TITLE II--REGULATORY CUT-GO
SEC. 201. CUT-GO PROCEDURES.
(a) In General.--Except as provided in section 101(j)(2), section
202, or subsection (b) of this section, when an agency makes a new
rule, the agency shall repeal rules or sets of rules of that agency
classified by the Commission under section 101(h)(4)(A)(ii), such that
the annual costs of the new rule to the United States economy is offset
by such repeals, in an amount equal to or greater than the cost of the
new rule, based on the regulatory cost reductions of repeal identified
by the Commission.
(b) Alternative Procedure.--
(1) In general.--An agency may, alternatively, repeal rules
or sets of rules of that agency classified by the Commission
under section 101(h)(4)(A)(ii) prior to the time specified in
subsection (a).
(2) Application of reduction of cost.--If an agency repeals
a rule or set of rules under paragraph (1) and thereby reduces
the annual, inflation-adjusted cost of the rule or set of rules
to the United States economy, the agency may thereafter apply
the reduction in regulatory costs, based on the regulatory cost
reductions of repeal identified by the Commission, to meet, in
whole or in part, the regulatory cost reduction required under
subsection (a) to be made at the time the agency promulgates a
new rule.
(c) Achievement of Full Net Cost Reductions.--
(1) In general.--Subject to the provisions of paragraph
(2), an agency may offset the costs of a new rule or set of
rules by repealing a rule or set of rules listed by the
Commission under section 101(h)(4)(A)(ii) that implement the
same statutory authority as the new rule or set of rules.
(2) Limitation.--When using the authority provided in
paragraph (1), the agency shall achieve a net reduction in
costs imposed by the body of rules of the agency (including the
new rule or set of rules) that is equal to or greater than the
cost of the new rule or set of rules to be promulgated,
including, whenever necessary, by repealing additional rules of
the agency listed by the Commission under section
101(h)(4)(A)(ii).
SEC. 202. APPLICABILITY.
An agency shall no longer be subject to the requirements of
sections 201 and 203 beginning on the date on which there is no rule or
set of rules of the agency classified by the Commission under section
101(h)(4)(A)(ii) that has not been repealed such that all regulatory
cost reductions identified by the Commission to be achievable through
repeal have been achieved.
SEC. 203. OIRA CERTIFICATION OF COST CALCULATIONS.
(a) In General.--The Administrator shall review and certify the
accuracy of agency determinations of the costs of new rules under
section 201.
(b) Inclusion.--The certification described in subsection (a) shall
be included in the administrative record of the relevant rulemaking by
the agency promulgating the rule, and the Administrator shall transmit
a copy of the certification to Congress when the Administrator
transmits the certification to the agency.
TITLE III--RETROSPECTIVE REVIEW OF NEW RULES
SEC. 301. PLAN FOR FUTURE REVIEW.
(a) In General.--When an agency makes a rule, the agency shall
include in the final issuance of such rule a plan for the review of
such rule by not later than 10 years after the date such rule is made.
(b) Review of Major Rules.--In the case of a major rule of an
agency, the plan for review under subsection (a) shall be substantially
similar to the review by the Commission under section 101(h).
(c) Review Other Rules.--In the case of a rule of an agency other
than a major rule, the plan for review under subsection (a) shall
include other procedures and standards to enable the agency to
determine whether to repeal or amend the rule to eliminate unnecessary
regulatory costs to the economy.
(d) Public Comment on Plan.--Whenever feasible, an agency shall
include a proposed plan for review of a proposed rule under subsection
(a) in the notice of proposed rulemaking for the rule and shall receive
public comment on the plan.
TITLE IV--JUDICIAL REVIEW; EFFECTIVE DATE
SEC. 401. JUDICIAL REVIEW.
(a) Immediate Repeals.--Agency compliance with paragraphs (1) and
(3) of section 101(j) shall be subject to judicial review under chapter
7 of title 5, United States Code.
(b) Cut-Go Procedures.--Agency compliance with title II shall be
subject to judicial review under chapter 7 of title 5, United States
Code.
(c) Plans for Future Review.--Agency compliance with section 301
shall be subject to judicial review under chapter 7 of title 5, United
States Code.
SEC. 402. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect
beginning on the date of enactment of this Act.
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