119-s648

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 648 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 648

 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

 February 20, 2025

 Ms. Ernst 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 2025'' or 
the ``SCRUB Act of 2025''.

    (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--REGULATORY CUT-GO

Sec. 101. Cut-go procedures.

Sec. 102. Applicability.

Sec. 103. OIRA certification of cost calculations.
 TITLE II--RETROSPECTIVE REVIEW OF EXISTING AND NEW RULES

Sec. 201. Plan for review of existing rules.

Sec. 202. Plan for future review.
 TITLE III--JUDICIAL REVIEW; EFFECTIVE DATE

Sec. 301. Judicial review.

Sec. 302. 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) Director.--The term ``Director'' means the Director of 
 the Office of Management and Budget.

    (4) DOGE.--The term ``DOGE'' means the United States DOGE 
 Service under the Executive Office of the President.

    (5) 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.

    (6) Rule.--The term ``rule'' has the meaning given that 
 term in 

section 551 of title 5, United States Code.

    (7) Set of rules.--The term ``set of rules'' means a set of 
 rules that collectively implements a regulatory authority of an 
 agency.

 TITLE I--REGULATORY CUT-GO

SEC. 101. CUT-GO PROCEDURES.

    (a) In General.--Except as provided in 

section 102, 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 meeting the criteria 
provided in 

section 201
            (d) , 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 DOGE, as 
calculated pursuant to subsection
            (d) of this section.

    (b) Alternative Procedure.--

    (1) In general.--An agency may, alternatively, repeal rules 
 or sets of rules of that agency meeting the criteria provided 
 in 

section 201
            (d) 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 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 if the 
 new rule is finalized within 2 years of repeal of the rule or 
 set of rules reducing the annual, inflation-adjusted cost 
 thereof.
            (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 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 meeting the criteria provided in 

section 201
            (d) .
            (d) Regulatory Cost Analysis.--When calculating the cost of a new 
or existing rule for purposes of compliance with this section, an 
agency shall not consider any non-monetized or unquantified factor.

SEC. 102. 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 meeting the criteria provided in 

section 201
            (d) that has not been repealed such that all regulatory cost 
reductions from repealing rules meeting such criteria have been 
achieved.

SEC. 103. 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 II--RETROSPECTIVE REVIEW OF EXISTING AND NEW RULES

SEC. 201. PLAN FOR REVIEW OF EXISTING RULES.

    (a) In General.--The DOGE shall conduct a review of the Code of 
Federal Regulations to identify and, in coordination with the Director 
of the Office of Management and Budget and any relevant agency head, 
repeal 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 DOGE shall give priority in the review to rules 
or sets of rules that--

    (1) are major rules or include major rules;

    (2) have been in effect more than 15 years;

    (3) impose paperwork burdens that could be reduced 
 substantially without significantly diminishing regulatory 
 effectiveness;

    (4) 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

    (5) could be strengthened in their effectiveness while 
 reducing regulatory costs.
            (c) Goal.--The DOGE shall have as a goal to achieve a reduction of 
at least 33 percent in the cumulative costs of Federal regulation with 
a minimal reduction in the overall effectiveness of such regulation by 
no later than July 4, 2026, by coordinating with the Director, the 
Administrator, and relevant agency heads to repeal rules or sets of 
rules identified pursuant to subsection
            (d) of this section.
            (d) Nature of Review.--To identify which rules and sets of rules 
should be repealed to lower the cost of regulation to the economy, the 
DOGE shall apply the following criteria:

    (1) 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.

    (2) 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 that are directly attributable to the rule or set 
 of rules produced by the expenditure of those costs.

    (3) 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.

    (4) 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 relationships, 
 or unable to be evaluated using such standards.

    (5) 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.

    (6) Whether the rule or set of rules has excessive 
 compliance costs or is otherwise excessively burdensome, as 
 compared to alternatives that--
        (A) specify performance objectives rather than 
 conduct or manners of compliance;
        (B) establish economic incentives to encourage 
 desired behavior;
            (C) provide information upon which choices can be 
 made by the public;
            (D) incorporate other innovative alternatives 
 rather than agency actions that specify conduct or 
 manners of compliance; or
        (E) could in other ways substantially lower costs 
 without significantly undermining effectiveness.

    (7) 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.

    (8) 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.

    (9) Whether the rule or set of rules concerns a major 
 economic or policy question but lacks an explicit statutory 
 basis.

    (10) 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 industry.

    (11) 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 consumers, businesses, other 
 entities, or individuals.

    (12) 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 rules.

    (13) 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 
 economy.

    (e) No Substantially Similar Rule To Be Reissued.--A rule that is 
repealed under subsection

    (a) of this section or 

section 101 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 repeal of the original rule.

SEC. 202. 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 Rules.--The plan for review under subsection

    (a) shall use interpretations and definitions of terms included in 201
            (d) that are substantially similar to those used by the DOGE under the 
review pursuant to 

section 201.
            (c) 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.
            (d) Repeal of Rules.--The Director of the Office of Management and 
Budget, in coordination with any relevant agency head, shall repeal any 
rule failing to meet the criteria provided 

section 201
            (d) .

 TITLE III--JUDICIAL REVIEW; EFFECTIVE DATE

SEC. 301. JUDICIAL REVIEW.

    (a) Cut-Go Procedures.--Agency non-compliance with title I shall be 
subject to judicial review under chapter 7 of title 5, United States 
Code.

    (b) Plans for Future Review.--Agency non-compliance with 

section 202 shall be subject to judicial review under chapter 7 of title 5, 
United States Code.

SEC. 302. 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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