[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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