,,ii  #aaith ,,congress  #ast ,session  
,s4 #fdh  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #bj1      
#bjbe,ms4 ,ernst introduced the         
following bill2 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 rules1 and  
for other purposes4  #a4 ,short title2  
table of contents  7a7 ,short title     
,this ,act may be cited as the          
,searching for and ,cutting ,regulations
 that are ,unnecessarily ,burdensome    
,act of #bjbe or the ,,scrub ,act of    
#bjbe4  7b7 ,table of contents ,the     
table of contents for this ,act is as   
follows3 ,sec4 #a4 ,short title2 table  
of contents4,sec4 #b4                   
,definitions4,,title ,i--,regulatory    
,cut-,go,sec4 #aja4 ,cut-go             
procedures4,sec4 #ajb4                  
,applicability4,sec4 #ajc4 ,,oira       
certification of cost                   

calculations4,,title                    
,,ii--,retrospective ,review of         
,existing and ,new ,rules,sec4 #bja4    
,plan for review of existing rules4,sec4
 #bjb4 ,plan for future review4,,title  
,,iii--,judicial review2 effective      
date,sec4 #cja4 ,judicial review4,sec4  
#cjb4 ,effective date4  #b4 ,definitions
 ,in this ,act3 7#a7 ,administrator ,the
 term ,administrator means the          
,administrator of the ,office of        
,information and ,regulatory ,affairs of
 the ,office of ,management and ,budget4
  7#b7 ,agency ,the term agency has the 
meaning given that term in section #eea 
of title #e1 ,united ,states ,code4     
7#c7 ,director ,the term ,director means
 the ,director of the ,office of        
,management and ,budget4  7#d7 ,,doge   
,the term ,,doge means the ,united      
,states ,,doge ,service under the       
,executive ,office of the ,president4   
7#e7 ,major rule ,the term major rule   
means any rule that the ,administrator  
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#f7 ,rule ,the term   
rule has the meaning given that term in 
section #eea of title #e1 ,united       
,states ,code4  7#g7 ,set of rules ,the 
term set of rules means a set of rules  
that collectively implements a          
regulatory authority of an agency4  ,i  
,regulatory ,cut-,go  #aja4 ,cut-go     
procedures  7a7 ,in general ,except as  
provided in section #ajb1 or subsection 
7b7 of this section1 when an agency     

makes a new rule1 the agency shall      
repeal rules or sets of rules of that   
agency meeting the criteria provided in 
section #bja7;d71 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 ,,doge1 as  
calculated pursuant to subsection 7d7 of
 this section4  7b7 ,alternative        
procedure  7#a7 ,in general ,an agency  
may1 alternatively1 repeal rules or sets
 of rules of that agency meeting the    
criteria provided in section #bja7;d7   
prior to the time specified in          
subsection 7a74  7#b7 ,application of   
reduction of cost ,if an agency repeals 
a rule or set of rules under paragraph  
7#a7 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 costs to   

meet1 in whole or in part1 the          
regulatory cost reduction required under
 subsection 7a7 to be made at the time  
the agency promulgates a new rule if the
 new rule is finalized within #b years  
of repeal of the rule or set of rules   
reducing the annual1 inflation-adjusted 
cost thereof4  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 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 shall achieve
 a net reduction in costs imposed by the
 body of rules of the agency 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 meeting the criteria     

provided in section #bja7;d74  7d7      
,regulatory cost analysis ,when         
calculating the cost of a new or        
existing rule for purposes of compliance
 with this section1 an agency shall not 
consider any non-monetized or           
unquantified factor4  #ajb4             
,applicability ,an agency shall no      
longer be subject to the requirements of
 sections #bja and #bjc beginning on the
 date on which there is no rule or set  
of rules of the agency meeting the      
criteria provided in section #bja7;d7   
that has not been repealed such that all
 regulatory cost reductions from        
repealing rules meeting such criteria   
have been achieved4  #ajc4 ,,oira       
certification of cost calculations  7a7 
,in general ,the ,administrator shall   
review and certify the accuracy of      
agency determinations of the costs of   
new rules under section #bja4  7b7      
,inclusion ,the certification described 
in subsection 7a7 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 the 
,administrator transmits the            
certification to the agency4  ,,ii      
,retrospective ,review of ,existing and 
,new ,rules  #bja4 ,plan for review of  
existing rules  7a7 ,in general ,the    
,,doge shall conduct a review of the    
,code of ,federal ,regulations to       
identify and1 in coordination with the  
,director of the ,office of ,management 
and ,budget and any relevant agency     
head1 repeal rules and sets of rules    
that collectively implement a regulatory
 program that should be repealed to     
lower the cost of regulation to the     
economy4  7b7 ,priority ,the ,,doge     
shall give priority in the review to    
rules or sets of rules that-- 7#a7 are  
major rules or include major rules2     
7#b7 have been in effect more than #ae  
years2  7#c7 impose paperwork burdens   
that could be reduced substantially     

without significantly diminishing       
regulatory effectiveness2  7#d7 impose  
disproportionately high costs on        
entities that qualify as small entities 
within the meaning of section #fja7f7 of
 title #e1 ,united ,states ,code2 or    
7#e7 could be strengthened in their     
effectiveness while reducing regulatory 
costs4  7c7 ,goal ,the ,,doge shall have
 as a goal to achieve a reduction of at 
least #cc percent in the cumulative     
costs of ,federal regulation with a     
minimal reduction in the overall        
effectiveness of such regulation by no  
later than ,july #d1 #bjbf1 by          
coordinating with the ,director1 the    
,administrator1 and relevant agency     
heads to repeal rules or sets of rules  
identified pursuant to subsection 7d7 of
 this section4  7d7 ,nature of review   
,to identify which rules and sets of    
rules should be repealed to lower the   
cost of regulation to the economy1 the  
,,doge 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 that are directly attributable  
to the rule or set of rules 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 purposes of the rule or set of     

rules when evaluated using data         
analytics and statistical relationships1
 or unable to be evaluated using such   
standards4  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-- 7,a7    
specify performance objectives rather   
than conduct or manners of compliance2  
7,b7 establish economic incentives to   
encourage desired behavior2  7,c7       
provide information upon which choices  
can be made by the public2  7,d7        
incorporate other innovative            
alternatives rather than agency actions 
that specify conduct or manners of      
compliance2 or  7,e7 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 ,whether the rule or set of rules  
concerns a major economic or policy     
question but lacks an explicit statutory
 basis4  7#aj7 ,whether the rule or set 
of rules imposes costs or burdens       
disproportionately and predominantly on 
one segment of society or one industry  
if the benefits of such rule or set of  
rules accrue to a distinct segment of   
society or industry4  7#aa7 ,whether the
 rule or set of rules is justified in   
whole or in part by a benefit accrued by
 one or more foreign nations while costs

 are borne by ,american consumers1      
businesses1 other entities1 or          
individuals4  7#ab7 ,whether the rule or
 set of rules are not based on the best 
meaning and plain reading of the        
enabling statute for the rule or set of 
rules4  7#ac7 ,such other criteria as   
the ,,doge devises to identify rules and
 sets of rules that can be repealed to  
eliminate or reduce unnecessarily       
burdensome costs to the ,united ,states 
economy4  7e7 ,no substantially similar 
rule ,to be reissued ,a rule that is    
repealed under subsection 7a7 of this   
section or section #aja may not be      
reissued in substantially the same form1
 and a new rule that is substantially   
the same as such a rule may not be      
issued1 unless the reissued or new rule 
is specifically authorized by a law     
enacted after the date of the repeal of 
the original rule4  #bjb4 ,plan for     
future review  7a7 ,in general ,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  7b7 ,review of 
rules ,the plan for review under        
subsection 7a7 shall use interpretations
 and definitions of terms included in   
#bja7;d7 that are substantially similar 
to those used by the ,,doge under the   
review pursuant to section #bja4  7c7   
,public comment on plan ,whenever       
feasible1 an agency shall include a     
proposed plan for review of a proposed  
rule under subsection 7a7 in the notice 
of proposed rulemaking for the rule and 
shall receive public comment on the     
plan4  7d7 ,repeal of rules ,the        
,director of the ,office of ,management 
and ,budget1 in coordination with any   
relevant agency head1 shall repeal any  
rule failing to meet the criteria       
provided section #bja7;d74  ,,iii       
,judicial review2 effective date  #cja4 
,judicial review  7a7 ,cut-,go          
procedures ,agency non-compliance with  
title ,i shall be subject to judicial   

review under chapter #g of title #e1    
,united ,states ,code4  7b7 ,plans for  
future review ,agency non-compliance    
with section #bjb shall be subject to   
judicial review under chapter #g of     
title #e1 ,united ,states ,code4  #cjb4 
,effective date ,this ,act and the      
amendments made by this ,act shall take 
effect beginning on the date of         
enactment of this ,act4