Overview
Title
To provide for the establishment of a process for the review of rules and sets of rules, and for other purposes.
ELI5 AI
The SCRUB Act of 2025 is a plan to get rid of old or unnecessary rules that cost a lot of money, by making a special team review them and decide which ones can be removed or changed. This way, when new rules that cost money are made, old ones that cost too much can be taken away.
Summary AI
The SCRUB Act of 2025 (S. 648) aims to establish a process to review and cut down unnecessary regulations in the United States. It requires federal agencies to balance the cost of new regulations by repealing existing ones that impose burdens on the economy. The act tasks the United States DOGE Service with reviewing federal regulations to identify outdated or costly rules that can be removed or improved. Finally, it allows for judicial review if agencies fail to comply with the procedures set out by the act.
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AnalysisAI
The "Searching for and Cutting Regulations that are Unnecessarily Burdensome Act of 2025," commonly referred to as the "SCRUB Act of 2025," is a legislative initiative aimed at streamlining federal regulations. By establishing a systematic method for reviewing both current and proposed regulations, the bill seeks to identify and repeal those deemed excessively burdensome to the economy without significantly impacting the effectiveness of regulatory measures.
General Summary of the Bill
The SCRUB Act of 2025 introduces a collection of procedures to assess the financial impact of regulations on the economy. It insists that any new rule must be offset by repealing existing rules of equal or greater economic burden. The bill also sets out to review federal regulations to eliminate redundancies and outdated requirements. A major goal is to reduce cumulative regulatory costs by 33% by July 4, 2026, while retaining regulatory effectiveness.
Summary of Significant Issues
Several issues merit attention. The bill’s focus on a net reduction in regulatory costs prioritizes cost savings, which might lead agencies to remove potentially crucial regulations that serve public interests, such as environmental protections or public health measures. The criteria defining what constitutes a "major rule" are somewhat subjective, using terms like "significant adverse effects," potentially leading to varying interpretations and legal challenges.
Furthermore, the lack of clear guidance and definitions for critical processes such as 'Regulatory Cut-Go' could impact the bill's implementation and interpretation. The prohibition on reissuing similar rules without new legislation could stymie efforts to address urgent regulatory needs, creating potential legislative bottlenecks.
Additionally, the absence of provisions for oversight in the cost reduction process raises concerns about fairness and the risk of manipulation. Lastly, the lack of detailed criteria in the judicial review section could lead to ambiguities in enforcement and the handling of non-compliance by agencies.
Impact on the Public Broadly
Broadly, the SCRUB Act aims to alleviate the regulatory burden on businesses and stimulate economic growth by cutting costs associated with compliance. However, the prioritization of cost savings might lead to unintended consequences, such as weakened protections that the public has come to rely on for safety, health, and environmental standards.
By possibly streamlining regulations, the act could lead to a more efficient regulatory environment, encouraging innovation and competitiveness among U.S. businesses. However, significant vigilance is required to ensure that important safeguards are not sacrificed in the process.
Impact on Specific Stakeholders
Businesses and Industries: The bill could positively affect businesses, particularly small and medium enterprises, by reducing the compliance costs associated with federal regulations. This could improve profitability and competitiveness, especially in international markets. However, fair and ethical cost reductions need oversight to prevent manipulative practices that could disadvantage certain businesses.
Federal Agencies: Agencies face increased scrutiny as they need to validate the necessity of existing rules and justify new ones through detailed cost analyses. The procedural burden to repeal and reassess regulatory frameworks could overwhelm some agencies, particularly if resources and guidance are insufficient.
Regulatory and Public Interest Groups: Groups focusing on regulatory compliance, environmental standards, and public welfare might view the bill with concern, fearing that crucial regulations could be repealed in the interest of cost savings. This sector might push for revisions ensuring continued protection in health, safety, and environmental standards.
The Legislative System: Should the act create legislative gridlock, it may reduce the efficiency of enacting necessary regulations, especially in response to emerging challenges. This could hinder the ability of regulatory bodies to swiftly meet new demands and protect public interests.
Through these lenses, the SCRUB Act of 2025 presents both opportunities and challenges that require careful navigation to ensure balanced and effective implementation.
Financial Assessment
The SCRUB Act of 2025 sets forth procedures for regulating federal rules and their economic impact, with a notable focus on the financial implications for the U.S. economy. While the bill does not specify direct spending or financial allocations from the federal budget, it contains several important financial references and implications.
Major Rule Definition
The term "major rule" is key to understanding the financial impact of regulations. According to the bill, a major rule is one that imposes an annual cost on the economy of $100,000,000 or more, adjusted annually for inflation. This substantial financial threshold underscores the bill's focus on rules with significant economic impact. The bill also notes that major rules could have a "major increase in costs or prices" or "significant adverse effects" on different aspects of the economy, although these terms are not numerically defined, which might lead to potential ambiguity and disputes.
Cut-Go Procedures
One of the central financial mechanisms of the bill is detailed in the Cut-Go procedures. This requires that for every new rule an agency creates, it must repeal existing rules to achieve a net reduction in regulatory costs. This balancing act suggests a direct link between the introduction of new regulations and financial savings from removing older ones. However, as identified in the issues, this focus on reducing costs might risk undermining regulations that provide important societal benefits if such benefits are not economically quantifiable.
Regulatory Cost Analysis
The bill mandates a strict approach to calculating regulatory costs, where only monetized factors are considered. This exclusion of non-monetized or unquantified factors could potentially disregard effects that are difficult to quantify financially but highly significant socially or environmentally.
Retrospective Review Goals
Aiming to achieve a 33 percent reduction in cumulative regulatory costs by July 2026, the bill sets an ambitious target for reducing the financial burden of federal regulations. This goal highlights the bill’s emphasis on economic efficiency, though questions of fairness and ethical considerations arise due to the lack of detailed oversight provisions, as noted in the issues.
Judicial Review and Compliance
The possibility of judicial review for non-compliance with these procedures introduces another financial consideration, as legal challenges can be costly and might complicate the regulatory landscape further. The bill, however, lacks detailed criteria for this review, potentially creating enforcement challenges and financial uncertainties for involved parties.
Overall, the financial aspects of the SCRUB Act of 2025 focus on reducing the economic impact of federal regulations, while raising concerns about the potential trade-offs between cost savings and essential regulatory protections.
Issues
The requirement for a net reduction in regulatory costs (Section 101(c)) might incentivize agencies to prioritize cost reduction over potentially important regulatory considerations for public welfare. This could lead to the repeal of necessary protections in favor of financial savings, raising ethical and public safety concerns.
The criteria for determining a 'major rule' (Section 2, Definitions) include subjective phrases like 'major increase in costs or prices' and 'significant adverse effects', which may require more specific thresholds or quantitative measures to avoid ambiguity and potential legal disputes.
The lack of explanation or context for critical procedures like 'Regulatory Cut-Go' and 'Retrospective Review of Existing and New Rules' (Section 1) could lead to confusion about their implementation, hindering stakeholder understanding and compliance.
Section 201(e) prohibits reissuing similar rules unless there is new legislative authorization, which could create legislative gridlock for necessary regulations, potentially impacting the government's ability to respond to emerging issues.
There is no provision for oversight or review to ensure that the cost reductions under Section 101 are achieved fairly and ethically, leaving room for potential manipulation, which might lead to unintended or unethical outcomes.
The section on Judicial Review (Section 301) lacks detailed information on the criteria for judicial review, leading to potential ambiguity in enforcement and compliance, impacting legal processes related to agency non-compliance.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The act is called the “Searching for and Cutting Regulations that are Unnecessarily Burdensome Act of 2025” or the “SCRUB Act of 2025” and it includes procedures for reducing regulatory burdens. It outlines a plan for reviewing both existing and future regulations, includes a process for certifying cost evaluations, and provides for judicial review and an effective date for implementation.
2. Definitions Read Opens in new tab
Summary AI
The provided section outlines the definitions of several key terms used in the Act. These definitions include roles like the Administrator and Director, specific entities such as the DOGE Service, and concepts like a major rule, which is defined based on its economic impact.
Money References
- (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.
101. Cut-go procedures Read Opens in new tab
Summary AI
When a government agency wants to make a new rule, they must first remove old rules that cost the economy the same or more, unless other sections allow exceptions. If they remove certain rules ahead of time, they can use those cost savings to balance out the cost of the new rule, but this must happen within two years. The goal is for the agency to end up spending less money, and they can only use financial data that can be measured to calculate these costs.
102. Applicability Read Opens in new tab
Summary AI
An agency will stop being required to follow sections 201 and 203 when all rules that meet the specific conditions in section 201(d) have been repealed, and the cost savings from removing those rules are fully realized.
103. OIRA certification of cost calculations Read Opens in new tab
Summary AI
The section requires the Administrator to review and confirm that the cost estimates for new rules made by agencies are accurate. This certification must be included in the administrative record of the rule and sent to Congress when it is sent to the agency.
201. Plan for review of existing rules Read Opens in new tab
Summary AI
The section outlines a plan for the DOGE to review and possibly repeal certain federal regulations to lower costs for the economy. It prioritizes rules that are costly, outdated, or ineffective and aims to reduce federal regulation costs by 33% by July 4, 2026, without compromising their effectiveness.
202. Plan for future review Read Opens in new tab
Summary AI
In this section, agencies are required to create a plan to review any new rules they make within 10 years. The plan should use definitions similar to those in section 201(d), and public feedback should be sought when possible. If a rule doesn’t meet certain standards, it must be repealed by the Office of Management and Budget.
301. Judicial review Read Opens in new tab
Summary AI
The section explains that if an agency does not follow the procedures outlined in title I or section 202, it can be taken to court under chapter 7 of title 5, United States Code, for legal review.
302. Effective date Read Opens in new tab
Summary AI
The act, along with any changes it introduces, will start to apply from the day it is officially enacted.