The SCRUB Act of 2023 creates a new independent commission to review federal regulations and recommend which ones should be repealed to reduce regulatory costs on the economy. The nine-member Retrospective Regulatory Review Commission, appointed by the President and confirmed by the Senate, would examine existing rules to identify those that are outdated, ineffective, duplicative, overly burdensome, or harmful to innovation and competitiveness. The commission would prioritize rules that have been in effect for more than 15 years, impose heavy paperwork burdens, or disproportionately affect small businesses, with a goal of achieving at least a 15 percent reduction in cumulative regulatory costs while maintaining effectiveness.
The bill establishes a "regulatory cut-go" process requiring federal agencies to repeal existing regulations classified by the commission whenever they create new rules, so that cost savings from repealing old rules offset the expenses of new ones. Agencies would also be required to develop plans to review all major rules within ten years of their creation. The commission would operate for approximately five years with a budget cap of $30 million and would publish annual reports to Congress detailing its recommendations, with Congress able to approve or reject recommendations through a streamlined joint resolution process. The bill provides for judicial review of the commission's decisions and agency compliance with its directives.