[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 998 Engrossed in House (EH)]
<DOC>
115th CONGRESS
1st Session
H. R. 998
_______________________________________________________________________
AN ACT
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.
This Act may be cited as the ``Searching for and Cutting
Regulations that are Unnecessarily Burdensome Act'' or as the ``SCRUB
Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RETROSPECTIVE REGULATORY REVIEW COMMISSION
Sec. 101. In general.
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
Sec. 401. Judicial review.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Definitions.
Sec. 502. Effective date.
TITLE I--RETROSPECTIVE REGULATORY REVIEW COMMISSION
SEC. 101. IN GENERAL.
(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determine if a rule or set of rules should be repealed to eliminate or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. The Commission shall
terminate on the date that is 5 years and 180 days after the date of
enactment of this Act or 5 years after the date by which all Commission
members' terms have commenced, whichever is later.
(b) Membership.--
(1) Number.--The Commission shall be composed of 9 members
who shall be appointed by the President and confirmed by the
Senate. Each member shall be appointed not later than 180 days
after the date of enactment of this Act.
(2) Term.--The term of each member shall commence upon the
member's confirmation by the Senate and shall extend to the
date that is 5 years and 180 days after the date of enactment
of this Act or that is 5 years after the date by which all
members have been confirmed by the Senate, whichever is later.
(3) 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 of the Office of Information and
Regulatory Affairs, 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.--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. Such candidates shall be
individuals learned in rulemaking affairs and,
preferably, administration of regulatory reviews.
During the two-year period prior to the inclusion of an
individual on a list of candidates under this
subparagraph, the individual may not have been a
registered lobbyist under the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1601 et seq.). The President shall
appoint 2 members of the Commission from each list
provided under this subparagraph, subject to the
provisions of subparagraph (C).
(C) Resubmission of candidate.--The President may
request from the presenter of the list under
subparagraph (B) a new list of one or more candidates
if the President--
(i) determines that any candidate on the
list presented pursuant to subparagraph (B)
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).
(4) Financial disclosure reports of members.--Each member
of the Commission shall file the financial disclosure reports
required under title I of the Ethics in Government Act of 1978
(5 U.S.C. App.) in accordance with the requirements of such
title.
(c) Powers and Authorities of the Commission.--
(1) 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. All meetings of the Commission shall be open to the
public.
(2) Hearings.--In addition to meetings held under paragraph
(1), the Commission may hold hearings to consider issues of
fact or law relevant to the Commission's work. Any hearing held
by the Commission shall be open to the public.
(3) Access to information.--The Commission may secure
directly from any agency information and documents necessary to
enable the Commission to carry out this Act. 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 two weeks after the date on
which the request was made.
(4) 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. 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.
(B) Failure to obey a subpoena.--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. The application may be made within the
judicial district where the hearing is conducted or
where that person is found, resides, or transacts
business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(C) 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.
(D) Service of process.--All process of any court
to which application is made under subparagraph (B) 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 of the Office of
Information and Regulatory Affairs 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) 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. 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 or unfunded mandates 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. 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, imposition of unfunded
mandates, 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, imposes unfunded mandates, 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) Whether or not the rule or set of rules limits
or prevents an agency from applying new or emerging
technologies to improve efficiency and effectiveness of
government.
(J) Whether the rule or set of rules harms wage
growth, including wage growth for minimum wage and
part-time workers.
(K) Whether the rule or set of rules is in full
compliance with the requirements of section
801(a)(1)(A) of title 5, United States Code.
(L) Whether, and the extent to which, the repeal of
the rule or set of rules would impact public health.
(M) 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.--The Commission shall establish
a methodology for conducting the review (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. 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.--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. 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
Commission's review, including a statement of
the submitter's interest 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.--Each year, beginning on
the date that is one year after the date on which all
Commission members have been confirmed by the Senate, 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. For each rule
or set of rules so listed, the Commission shall--
(A) identify the agency that made the rule or set
of rules;
(B) 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;
(C) identify whether the rule or set of rules was
classified under clause (i) or clause (ii) of
subsection (h)(4)(A);
(D) 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;
(E) for each rule or set of rules listed under the
criteria set forth in subparagraph (B), (D), (F), (G),
(H), or (I) 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;
(F) 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
(G) 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.--Not later than the date on which the
Commission members' appointments 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). This report may be included in the final annual report
of the Commission under paragraph (2) and may include the
Commission's recommendation 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.--
(A) In general.--No head of an agency described in
paragraph (1) shall be required by this Act to carry
out a repeal listed by the Commission in a report
transmitted to Congress under paragraph (2) or (3) of
subsection (i) until a joint resolution is enacted, in
accordance with the provisions of subparagraph (B),
approving such recommendations of the Commission for
repeal.
(B) Terms of the resolution.--For purposes of
paragraph (A), the term ``joint resolution'' means only
a joint resolution which is introduced after the date
on which the Commission transmits to the Congress under
paragraph (2) or (3) of subsection (i) the report
containing the recommendations to which the resolution
pertains, and--
(i) which does not have a preamble;
(ii) 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
(iii) the title of which is as follows:
``Approving recommendations for repeal of the
Retrospective Regulatory Review Commission.''.
(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 Commission's
recommendation 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 ensure that the new rule does not result in the
same adverse effects of the repealed rule that caused
the Commission to recommend to Congress the latter's
repeal and will not result in new adverse effects of
the kind described in the criteria specified in or
under subsection (h).
(k) 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 Act, not to exceed $30,000,000.
(2) Availability.--Any sums appropriated under the
authorization contained in this section shall remain available,
without fiscal year limitation, until the earlier of the date
that such sums are expended or the date of the termination of
the Commission.
(l) 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 pursuant to this
Act shall be published in a timely manner and shall be
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
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 all public comments and submissions.
(5) Notices.--The Commission shall publish on the website
notices of all public meetings and hearings at least one week
before the date on which such public meeting or hearing occurs.
(m) 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 the
Federal Advisory Committee Act (5 U.S.C. App.).
(2) Advisory committee management officer.--The Commission
shall not be subject to the control of any Advisory Committee
Management Officer designated under section 8(b)(1) of the
Federal Advisory Committee Act (5 U.S.C. App.).
(3) Subcommittee.--Any subcommittee of the Commission shall
be treated as the Commission for purposes of the Federal
Advisory Committee Act (5 U.S.C. App.).
(4) Charter.--The enactment of the SCRUB Act shall be
considered to meet the requirements of the Commission under
section 9(c) of the Federal Advisory Committee Act (5 U.S.C.
App.).
(n) Definition.--In this section, the term ``unfunded mandate'' has
the meaning given the term ``Federal mandate'' in section 421(6) of the
Congressional Budget Act of 1974 (2 U.S.C. 658(6)).
TITLE II--REGULATORY CUT-GO
SEC. 201. CUT-GO PROCEDURES.
(a) In General.--Except as provided in section 101(j)(2)(A) or
section 202, an agency, when the agency makes a new rule, 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.--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). If the agency so repeals such a rule or set of rules
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) of
this section 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 must achieve a net reduction in costs
imposed by the agency's body of rules (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 that 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.
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 201. The certification 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 it transmits the certification to the agency.
TITLE III--RETROSPECTIVE REVIEW OF NEW RULES
SEC. 301. PLAN FOR FUTURE REVIEW.
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. Such a review, in the
case of a major rule, shall be substantially similar to the review by
the Commission under section 101(h). In the case of a rule other than a
major rule, 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
economy. Whenever feasible, 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 plan.
TITLE IV--JUDICIAL REVIEW
SEC. 401. JUDICIAL REVIEW.
(a) Immediate Repeals.--Agency compliance with section 101(j) of
this Act shall be subject to judicial review under chapter 7 of title
5, United States Code.
(b) Cut-Go Procedures.--Agency compliance with title II of this Act
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.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given such
term in section 551 of title 5, United States Code.
(2) Commission.--The term ``Commission'' means the
Retrospective Regulatory Review Commission established under
section 101.
(3) Major rule.--The term ``major rule'' means any rule
that the Administrator of the Office of Information and
Regulatory Affairs 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.
(4) Rule.--The term ``rule'' has the meaning given that
term in section 551 of title 5, United States Code.
(5) Set of rules.--The term ``set of rules'' means a set of
rules that collectively implements a regulatory authority of an
agency.
SEC. 502. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect
beginning on the date of the enactment of this Act.
Passed the House of Representatives March 1, 2017.
Attest:
Clerk.
115th CONGRESS
1st Session
H. R. 998
_______________________________________________________________________
AN ACT
To provide for the establishment of a process for the review of rules
and sets of rules, and for other purposes.