I 112th CONGRESS 1st Session H. R. 3392 IN THE HOUSE OF REPRESENTATIVES November 4, 2011 Mr. Quayle (for himself, Mr. Coble, Mr. Ross of Florida, Mr. Gowdy, and Mr. Griffin of Arkansas) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 5, United States Code, to provide for periodic review of major rules, and for other purposes.

1.

Short title

This Act may be cited as the Regulatory Review Act of 2011.

2.

In general

(a)Chapter 5 of title 5, United States Code, is amended by inserting after section 553 the following:

553a.

Periodic review of major rules

(a)

Identification of major rules

On the date that is 6 months prior to the date that is 10 years after the date on which a rule takes effect, the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget shall submit to the agency that made that rule and to the Congress a determination as to whether or not that rule is a major rule. (b)

Review by agency

If an agency receives a determination under subsection (a) that a rule is a major rule, the agency head shall, not later than 10 years after the date on which the rule takes effect and every 10 years thereafter, complete a review of that rule consistent with the following: (1)The review shall identify the costs and benefits of the rule. (2)The review shall identify each amendment to the rule that would accomplish the same statutory objectives but result in different costs and benefits. (3)The review shall identify the costs and benefits of repealing the rule. (c)

Publication of review

Not later than 30 days after the date that is 10 years after the date on which the rule takes effect, the agency shall publish in the Federal Register and submit to Congress a report summarizing the results of the review under subsection (b), including information on each set of costs and benefits identified pursuant to paragraphs (1) through (3) of subsection (b). (d)

Comment phase

During the 90-day period beginning on the date that the report under subsection (c) is published, the agency shall give interested persons an opportunity to submit a comment on the review through submission of written data, views, or arguments with or without opportunity for oral presentation. (e)

Final determination on the rule

After consideration of the relevant matter presented, the agency shall make a final determination on whether the rule should be amended, continue in effect without amendment, or be repealed, and not later than 30 days after the period described in subsection (d) expires, publish that final determination in the Federal Register. That final determination shall be made as to whether there is a way to accomplish the objectives of the rule in a more effective, less burdensome, or less costly manner. (f)

Review by the Administrator

Each final determination by an agency under subsection (e) shall be reviewed by the Administrator not later than 30 days after the agency publishes that determination. If the Administrator determines that the agency determination with regard to that rule does not result in an outcome that accomplishes the objectives of the rule in a more effective, less burdensome, or less costly manner, then the Administrator shall notify the agency promptly and the Director of the Office of Management and Budget shall make a determination as to whether the agency determination should be revised. (g)

Repealed rules; amended rules

(1)

Repealed rules

If the agency determines that the rule should be repealed, the agency may establish a transition period of not more than 6 months for the repeal of the rule. The rule shall cease to have effect beginning on the date that the transition period ends. (2)

Amended rules

If the agency determines that the rule should be amended, the agency shall, not later than 3 months after such determination is made, commence appropriate action in accordance with this chapter to make such amendment. (h)

Judicial review

Notwithstanding any other provision of law, each determination by an agency under this section shall be subject to judicial review under chapter 7. (i)

Report to Congress

Not later than 30 days after the publication a final determination under subsection (e), the agency shall submit to Congress a report detailing that determination. (j)

Definitions

For purposes of this section: (1)The term cost means, with respect to a rule, the cost of that rule, including direct, indirect, and cumulative costs and estimated impacts on jobs, economic growth, innovation, and economic competitiveness, to each person who is significantly affected by the rule. (2)The term benefit means, with respect to a rule, the benefit of that rule, including direct, indirect, and cumulative benefits and estimated impacts on jobs, economic growth, innovation, and economic competitiveness, to each person who is significantly affected by the rule. (k)

Application

The provisions of this section shall apply only to rules that take effect during the period beginning on January 1, 2011.

. (b)Section 551 of title 5, United States Code, is amended as follows: (1)In paragraph (13), by striking and at the end. (2)In paragraph (14), by striking the period at the end and inserting ; and. (3)By adding at the end the following: (15)major rule has the meaning given such term in section 804. . (c)The table of sections for chapter 5 of title 5, United States Code, is amended by inserting after the entry relating to section 553 the following: 553a. Periodic review of major rules. .