Review procedures for section 610 periodic review of rules
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(a) In general Section 610 of title 5, United States Code, is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking the following factors; (B) in paragraph (4), by striking and at the end; (C) in paragraph (5), by striking the period at the end and inserting; and; and (D) by adding at the end the following: (6) any indirect costs described in the initial regulatory flexibility analysis under section 603(b)(6), and any other indirect costs that may have arisen during the 10-year period described in subsection (a).; and (2) by adding at the end the following: (d) If an agency fails to conduct a review of a rule as required under this section within the 10-year period described in subsection (a)— (1) the Chief Counsel for Advocacy of the Small Business Administration shall notify the agency that the rule has ceased to be effective; (2) the agency shall publish in the Federal Register a notification that the rule has ceased to be effective, and solicit comments for why the rule should be reinstated; and (3) if, based on the comments received under paragraph (2), the agency determines that the rule should be reinstated— (A) the agency shall have 180 days beginning on the date of that determination to complete the review of the rule under this section; and (B) upon completion of the review under subparagraph (A), the rule shall be reinstated, notwithstanding the notice and comment rulemaking procedures under section 553 of this title.. (b) Application The amendment made by subsection (a)(2) shall apply with respect to any final rule issued by an agency— (1) during the 5-year period preceding the date of enactment of this Act; or (2) on or after the date of enactment of this Act.