,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dhgd ,,in ,,the ,,house ,,of ,,representatives ,june #ag1 #bjad ,mr4 ,smith of ,missouri 7for himself1 ,mr4 ,bachus1 ,mr4 ,collins of ,georgia1 ,mr4 ,farenthold1 and ,mr4 ,hultgren7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committees on the ,judiciary and ,appropriations1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for the establishment of a process for the review of rules and sets of rules1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,searching for and ,cutting ,regulations that are ,unnecessarily ,burdensome ,act of #bjad or as the ,,scrub ,act of #bjad4 #b4 ,table of contents ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,retrospective ,regulatory ,review ,commission ,sec4 #aja4 ,in general4 ,title ,,ii--,regulatory ,cut-,go ,sec4 #bja4 ,cut-go procedures4 ,sec4 #bjb4 ,applicability4 ,sec4 #bjc4 ,,oira certification of cost calculations4 ,title ,,iii--,retrospective ,review of ,new ,rules ,sec4 #cja4 ,plan for future review4 ,title ,,iv--,judicial ,review ,sec4 #dja4 ,judicial review4 ,title ,v--,miscellaneous ,provisions ,sec4 #eja4 ,definitions4 ,sec4 #ejb4 ,effective date4 ,i ,retrospective ,regulatory ,review ,commission #aja4 ,in general 7a7 ,establishment ,there is established a commission1 to be known as the ,retrospective ,regulatory ,review ,commission1 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review rules and sets of rules in accordance with specified criteria to determine if a rule or set of rules should be repealed to eliminate or reduce the costs of regulation to the economy4 ,the ,commission shall terminate on the date that is #e years and #ahj days after the date of enactment of this ,act or #e years after the date by which all ,commission members' terms have commenced1 whichever is later4 7b7 ,membership 7#a7 ,number ,the ,commission shall be composed of #i members who shall be appointed by the ,president and confirmed by the ,senate4 ,each member shall be appointed not later than #ahj days after the date of enactment of this ,act4 7#b7 ,term ,the term of each member shall commence upon the member's confirmation by the ,senate and shall extend to the date that is #e years and #ahj days after the date of enactment of this ,act or that is #e years after the date by which all members have been confirmed by the ,senate1 whichever is later4 7#c7 ,appointment ,the members of the ,commission shall be appointed as follows3 7,a7 ,the ,president shall appoint the chair of the ,commission from among past ,administrators of the ,office of ,information and ,regulatory ,affairs1 past chairmen of the ,administrative ,conference of the ,united ,states1 and other candidates of similar expertise and experience in rulemaking affairs and the administration of regulatory reviews4 7,b7 ,the ,speaker of the ,house of ,representatives1 the ,minority ,leader of the ,house of ,representatives1 the ,majority ,leader of the ,senate1 and the ,minority ,leader of the ,senate shall each present to the ,president lists of candidates to be members of the ,commission4 ,such candidates shall be individuals learned in rulemaking affairs and1 preferably1 administration of regulatory reviews4 ,the ,president shall appoint #b members of the ,commission from each list provided under this paragraph1 subject to the provisions of paragraph 7,c74 7,c7 ,if the ,president-- 7i7 determines that any candidate to be a ,member of the ,commission who appears on a list presented to him under paragraph 7,b7 does not meet the qualifications specified in this paragraph to be a member of the ,commission2 and 7ii7 certifies that determination to the congressional officials specified in paragraph 7,b72 the ,president may then request from the presenter of the list a new list of one or more candidates4 7c7 ,powers and authorities of the ,commission 7#a7 ,meetings ,the ,commission may meet when1 where1 and as often as the ,commission determines appropriate1 except that the ,commission shall hold public meetings not less than twice each year4 7#b7 ,hearings ,in addition to meetings held under paragraph 7#a71 the ,commission may hold hearings to consider issues of fact or law relevant to the ,commission's work4 ,any hearing held by the ,commission shall be in public4 7#c7 ,access to ,information ,the ,commission may secure directly from any department or agency of the ,united ,states information necessary to enable it to carry out this ,act4 ,upon request of the chair of the ,commission1 the head of that department or agency shall furnish that information to the ,commission4 7#d7 ,subpoenas 7,a7 ,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 ,commission4 ,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 ,states4 7,b7 ,failure to obey a ,subpoena ,if a person refuses to obey a subpoena issued under subparagraph 7a71 the ,commission may apply to a ,united ,states district court for an order requiring that person to appear before the ,commission to give testimony1 produce evidence1 or both1 relating to the matter under investigation4 ,the application may be made within the judicial district where the hearing is conducted or where that person is found1 resides1 or transacts business4 ,any failure to obey the order of the court may be punished by the court as civil contempt4 7,c7 ,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 courts4 7,d7 ,service of process ,all process of any court to which application is made under paragraph 7#b7 may be served in the judicial district in which the person required to be served resides or may be found4 7d7 ,pay and ,travel ,expenses 7#a7 ,pay 7,a7 ,members ,each member1 other than the chair1 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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the actual performance of duties vested in the ,commission4 7,b7 ,chair ,the chair shall be paid for each day referred to in subparagraph 7,a7 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 #ecad of title #e1 ,united ,states ,code4 7#b7 ,travel expenses ,members shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code4 7e7 ,director of ,staff 7#a7 ,in general ,the ,commission shall appoint a ,director4 7#b7 ,pay ,the ,director shall be paid at the rate of basic pay payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7f7 ,staff 7#a7 ,in general ,subject to paragraph 7#b71 the ,director1 with the approval of the ,commission1 may appoint and fix the pay of additional personnel from the public and private sectors4 7#b7 ,limitations on appointment ,the ,director may make such appointments without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and any personnel so appointed may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of that title relating to classification and ,general ,schedule pay rates1 except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for ,,gs-#ah of the ,general ,schedule4 7#c7 ,agency assistance ,following consultation with and upon request of the ,director1 the head of any ,federal department or agency shall detail any of the personnel of that department or agency to the ,commission to assist the ,commission in carrying out its duties under this ,act4 7#d7 ,,gao and ,,oira assistance ,the ,comptroller ,general of the ,united ,states and the ,administrator of the ,office of ,information and ,regulatory ,affairs shall provide assistance1 including the detailing of employees1 to the ,commission in accordance with an agreement entered into with the ,commission4 7#e7 ,assistance from other parties ,congress1 the ,states1 municipalities1 federally recognized ,indian tribes1 and local governments may provide assistance1 including the detailing of employees1 to the ,commission in accordance with an agreement entered into with the ,commission4 7g7 ,other ,authority 7#a7 experts and consultants ,the ,commission may procure by contract1 to the extent funds are available1 the temporary or intermittent services of experts or consultants pursuant to section #caji of title #e1 ,united ,states ,code4 7#b7 property ,the ,commission may lease space and acquire personal property to the extent funds are available4 7h7 ,duties of the ,commission 7#a7 ,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 economy4 ,the ,commission shall give priority in its review to rules or sets of rules that are major rules or include major rules1 have been in effect more than #ae years1 impose paperwork burdens that could be reduced substantially without significantly diminishing regulatory effectiveness1 impose disproportionately high costs on entities that qualify as small entities within the meaning of section #fja7f7 of title #e1 ,united ,states ,code1 or could be strengthened in their effectiveness while reducing regulatory costs4 ,the ,commission shall have as its goal to achieve a reduction of at least #ae percent in the cumulative costs of ,federal regulation with a minimal reduction in the overall effectiveness of such regulation4 7#b7 ,nature of review ,to identify which rules and sets of rules should be repealed to lower the cost of regulation to the economy1 the ,commission shall apply the following criteria3 7,a7 ,whether the original purpose of the rule or set of rules was achieved1 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 reduce4 7,b7 ,whether the implementation1 compliance1 administration1 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 costs4 7,c7 ,whether the rule or set of rules has been rendered unnecessary or obsolete1 taking into consideration the length of time since the rule was made and the degree to which technology1 economic conditions1 market practices1 or other relevant factors have changed in the subject area affected by the rule or set of rules4 7,d7 ,whether the rule or set of rules is ineffective at achieving the rule or set's purposes4 7,e7 ,whether the rule or set of rules overlaps1 duplicates1 or conflicts with other ,federal rules1 and to the extent feasible1 with ,state and local governmental rules4 7,f7 ,whether the rule or set of rules has excessive compliance costs or is otherwise excessively burdensome1 as compared to alternatives that-- 7i7 specify performance objectives rather than conduct or manners of compliance2 7ii7 establish economic incentives to encourage desired behavior2 7iii7 provide information upon which choices can be made by the public2 7iv7 incorporate other innovative alternatives rather than agency actions that specify conduct or manners of compliance2 or 7v7 could in other ways substantially lower costs without significantly undermining effectiveness4 7,g7 ,whether the rule or set of rules inhibits innovation in or growth of the ,united ,states economy1 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 rules4 7,h7 ,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 ,states4 7,i7 ,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 economy4 7#c7 ,methodology for review ,the ,commission shall establish a methodology for conducting its review 7including its overall review and discrete reviews of portions of the ,code of ,federal ,regulations71 identifying rules and sets of rules1 and classifying rules under this subsection and publish the terms of its methodology in the ,federal ,register and on an ,internet ,website of the ,commission4 ,the ,commission may propose and seek public comment on the methodology before the methodology is established4 7#d7 ,classification of rules and sets of rules 7,a7 ,in general ,after completion of any review of rules or sets of rules under paragraph 7#b71 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-- 7i7 on which immediate action to repeal is recommended2 or 7ii7 that should be eligible for repeal under regulatory cut-go procedures under title ,,ii4 7,b7 ,decisions by majority ,each decision by the ,commission to identify a rule or set of rules for classification under this paragraph1 and each decision whether to classify the rule or set of rules under subparagraph 7,a77i7 or1 instead1 subparagraph 7,a77ii71 shall be made by a simple majority vote of the ,commission4 ,no such vote shall take place until afer all members of the ,commission have been confirmed by the ,senate4 7#e7 ,initiation of review by other persons 7,a7 ,in general ,the ,commission may also conduct a review under paragraph 7#b7 of1 and1 if appropriate1 classify under paragraph 7#d71 any rule or set of rules that is submitted for review to the ,commission by-- 7i7 the ,president2 7ii7 a ,member of ,congress2 7iii7 any officer or employee of a ,federal1 ,state1 local or tribal government1 or regional governmental body2 or 7iv7 any member of the public4 7,b7 ,form of submission ,a submission to the ,commission under this paragraph shall-- 7i7 identify the specific rule or set of rules submitted for review2 7ii7 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 7#b72 and 7iii7 such other information as the submitter believes may be helpful to the ,commission's review1 including a statement of the submitter's interest in the matter4 7i7 ,notices and reports of the ,commission 7#a7 ,notices ,of ,and ,reports ,on ,activities ,the ,commission shall publish1 in the ,federal ,register and on an ,internet ,website of the ,commission-- 7,a7 notices in advance of all public meetings and hearings and classifications under subsection 7h7 informing the public of the basis1 purpose and procedures for the meeting1 hearing or classification2 and 7,b7 reports after the conclusion of any public meeting1 hearing1 or classification under subsection 7h7 summarizing in detail the basis1 purpose and substance of the meeting1 hearing1 or classification4 7#b7 ,annual reports to ,congress ,each year1 beginning on the date that is one year after the date by which all ,commission members have been confirmed by the ,senate1 the ,commission shall submit a report simultaneously to each ,house of ,congress detailing the activities of the ,commission for the previous year1 and listing all rules and sets of rules classified under subsection 7h7 during that year4 ,for each rule or set of rules so listed1 the ,commission shall-- 7,a7 identify the agency that made the rule or set of rules2 7,b7 identify the annual cost of the rule or set of rules to the ,united ,states economy and the bases upon which the ,commission identified that cost2 7,c7 identify whether the rule or set of rules was classified under subsection 7h77#d77;,a77i7 or 7h77#d77;,a77ii72 7,d7 identify the criteria under subsection 7h77#b7 that caused the classification of the rule or set of rules and the bases upon which the ,commission determined that those criteria were met2 7,e7 for each rule or set of rules listed under the criteria set forth in section #aja7;h77#b7 7,b71 7,d71 7,f71 7,g71 or 7,h71 or other criteria established by the ,commission under subsection 7h77#b77;,i7 under which the ,commission evaluated alternatives to the rule or set of rules that could lead to lower regulatory costs1 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 bases on which the ,commission rests its recommendations1 and1 in identifying such alternatives1 emphasize alternatives that will achieve regulatory effectiveness at the lowest cost and with the lowest adverse impacts on jobs2 7,f7 for each rule or set of rules listed under the criteria set forth in section #aja7;h77#b77;,e71 the other ,federal1 ,state or local governmental rules that the ,commission found the rule or set of rules to overlap1 duplicate1 or conflict with1 and the bases for the ,commission's findings2 and 7,g7 in the case of each set of rules so listed1 analyze whether ,congress should also consider repeal of the statutory authority implemented by the set of rules4 7#c7 ,final report ,not later than the date on which the ,commission members' appointments expire1 the ,commission shall submit a final report simultaneously to each ,house of ,congress summarizing all activities and recommendations of the ,commission1 including a list of all rules or sets of rules the ,commission classified under subparagraph 7h77#d77;,a77i7 for immediate action to repeal1 a separate list of all rules or sets of rules the ,commission classified under subparagraph 7h77#d77;,a77ii7 for repeal1 and with regard to each rule or set of rules listed on either list1 the information described in subparagraphs 7,a7 through 7,f7 of paragraph 7#b74 ,this report may be included in the final annual report of the ,commission under paragraph 7#b7 and may include the ,commission's recommendation whether the ,commission should be reauthorized by ,congress4 7j7 ,repeal of regulations2 ,congressional consideration of commission reports 7#a7 ,in general ,subject to paragraph 7#b7-- 7,a7 the head of each agency with authority to repeal a rule or set of rules classified by the ,commission under subparagraph 7h77#d77;,a77i7 for immediate action to repeal and newly listed as such in an annual or final report of the ,commission under subsection 7i7 7#b7 or 7#c7 shall repeal the rule or set of rules as recommended by the ,commission within #fj days after the enactment of a joint resolution under paragraph 7#b7 for approval of the recommendations of the ,commission in the report2 and 7,b7 the head of each agency with authority to repeal a rule or set of rules classified by the ,commission under subparagraph 7h77#d77;,a77ii7 for repeal and newly listed as such in an annual or final report of the ,commission under subsection 7i7 7#b7 or 7#c7 shall repeal the rule or set of rules as recommended by the ,commission pursuant to section #bja1 following the enactment of a joint resolution under paragraph 7#b7 for approval of the recommendations of the ,commission in the report4 7#b7 ,congressional approval 7,a7 ,in general ,no head of an agency described in paragraph 7#a7 shall be required by this ,act to carry out a repeal listed by the ,commission in a report transmitted to ,congress under subsection 7i7 7#b7 or 7#c7 until a joint resolution is enacted1 in accordance with the provisions of subparagraph 7,b71 approving such recommendations of the ,commission for repeal4 7,b7 ,terms of the resolution ,for purposes of paragraph 7,a71 the term joint resolution means only a joint resolution which is introduced after the date on which the ,commission transmits to the ,congress under subsection 7i7 7#b7 or 7#c7 the report containing the recommendations to which the resolution pertains1 and-- 7i7 which does not have a preamble2 7ii7 the matter after the resolving clause of which is only as follows3 ,that ,congress approves the recommendations for repeal of the ,retrospective ,regulatory ,review ,commission as submitted by the ,commission on 1 the blank space being filled in with the appropriate date2 and 7iii7 the title of which is as follows3 ,approving recommendations for repeal of the ,retrospective ,regulatory ,review ,commission44 7k7 ,transfer of funds from regulatory agencies ,of the unobligated amounts made available in future fiscal years for each agency that makes rules subject to review by the ,commission1 up to #a percent or #be1jjj1jjj1 whichever is greater1 shall be available for the ,commission4 7l7 ,consultation between the chairman and the director ,the ,chairman of the ,commission shall consult with the ,director of the ,office of ,management and ,budget before making requests for agency funds under paragraph 7j74 ,,ii ,regulatory ,cut-,go #bja4 ,cut-go procedures 7a7 ,in general ,except as provided in section #aja7;j77#b77;,a7 or section #bjb1 an agency1 when the agency makes a new rule1 shall repeal rules or sets of rules of that agency classified by the ,commission under section #aja7;h77#d77;,a77ii71 such that the annual costs of the new rule to the ,united ,states economy is offset by such repeals1 in an amount equal to or greater than the cost of the new rule1 based on the regulatory cost reductions of repeal identified by the ,commission4 7b7 ,alternative procedure ,an agency may1 alternatively1 repeal rules or sets of rules of that agency classified by the ,commission under section #aja7;h77#d77;,a77ii7 prior to the time specified in subsection 7a74 ,if the agency so repeals such a rule or set of rules and thereby reduces the annual1 inflation-adjusted cost of the rule or set of rules to the ,united ,states economy1 the agency may thereafter apply the reduction in regulatory costs1 based on the regulatory cost reductions of repeal identified by the ,commission1 to meet1 in whole or in part1 the regulatory cost reduction required under subsection 7a7 of this section to be made at the time the agency promulgates a new rule4 7c7 ,achievement of full net cost reductions 7#a7 ,in general ,subject to the provisions of paragraph 7#b71 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 #aja7;h77#d77;,a77ii7 that implement the same statutory authority as the new rule or set of rules4 7#b7 ,limitation ,when using the authority provided in paragraph 7#a71 the agency must achieve a net reduction in costs imposed by the agency's body of rules 7including the new rule or set of rules7 that is equal to or greater than the cost of the new rule or set of rules to be promulgated1 including1 whenever necessary1 by repealing additional rules of the agency listed by the ,commission under section #aja7;h77#d77;,a77ii74 #bjb4 ,applicability ,an agency shall no longer be subject to the requirements of sections #bja and #bjc beginning on the date that there is no rule or set of rules of the agency classified by the ,commission under section #aja7;h77#d77;,a77ii7 that has not been repealed such that all regulatory cost reductions identified by the ,commission to be achievable through repeal have been achieved4 #bjc4 ,,oira certification of cost calculations ,the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget shall review and certify the accuracy of agency determinations of the costs of new rules under section #bja4 ,the certification shall be included in the administrative record of the relevant rulemaking by the agency promulgating the rule1 and the ,administrator shall transmit a copy of the certification to ,congress when it transmits the certification to the agency4 ,,iii ,retrospective ,review of ,new ,rules #cja4 ,plan for future review ,when an agency makes a rule1 the agency shall include in the final issuance of such rule a plan for the review of such rule by not later than #aj years after the date such rule is made4 ,such a review1 in the case of a major rule1 shall be substantially similar to the review by the ,commission under section #aja7;h74 ,in the case of a rule other than a major rule1 the agency's plan for review 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 economy4 ,whenever feasible1 the agency shall include a proposed plan for review of a proposed rule in its notice of proposed rulemaking and shall receive public comment on the plan4 ,,iv ,judicial ,review #dja4 ,judicial review 7a7 ,immediate repeals ,agency compliance with section #aja7;j7 of this ,act shall be subject to judicial review under chapter #g of title #e1 ,united ,states ,code4 7b7 ,cut-,go procedures ,agency compliance with title ,,ii of this ,act shall be subject to judicial review under chapter #g of title #e1 ,united ,states ,code4 7c7 plans for future review ,agency compliance with section #cja shall be subject to judicial review under chapter #g of title #e1 ,united ,states ,code4 ,v ,miscellaneous ,provisions #eja4 ,definitions ,in this ,act3 7#a7 ,the term agency has the meaning given such term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,the term ,commission means the ,retrospective ,regulatory ,review ,commission established under section #aja4 7#c7 ,the term major rule means any rule that the ,administrator of the ,office of ,information and ,regulatory ,affairs determines is likely to impose-- 7,a7 an annual cost on the economy of #ajj1jjj1jjj or more1 adjusted annually for inflation2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 local1 or tribal government agencies1 or geographic regions2 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 or 7,d7 significant impacts on multiple sectors of the economy4 7#d7 ,the term set of rules means a set of rules that collectively implements a regulatory authority of an agency4 7#e7 ,the term rule has the meaning given such term in section #eea of title #e1 ,united ,states ,code4 #ejb4 ,effective date ,this ,act and the amendments made by this ,act shall take effect beginning on the date of enactment4