Sec. 3. Review and identification of unnecessary regulations
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The Administrator shall, on an annual basis and in consultation with each agency— compile a list that identifies all planned agency major rules or sets of major rules for the period covered by the submission; identify agency major rules or sets of major rules described in subparagraph
(A)that are duplicative or burdensome; and consult with the congressional committees with jurisdiction over the major rules or sets of major rules identified under subparagraph
(B)to determine whether those major rules or sets of major rules would no longer be useful and could be modified, consolidated, or repealed. The Comptroller General of the United States shall— on an annual basis, provide to the Administrator a copy of the annual report prepared pursuant to section 21 of the Statutory Pay-As-You-Go Act of 2010 ( 31 U.S.C. 712 note); and in the report provided under clause (i), identify any major rules or sets of major rules associated with the programs, agencies, offices, and initiatives identified in the report as having duplicative goals or activities, as defined by the Comptroller General. Upon receipt of the report under subparagraph (A), the Administrator shall— review any major rules or sets of major rules associated with the programs, agencies, offices, and initiatives identified in the report as having duplicative goals or activities; determine, in consultation with the relevant agencies, whether any of the major rules or sets of major rules identified in clause
(i)are duplicative or outdated; and determine how any duplicative or outdated major rules or sets of major rules identified in clause
(ii)should be modified, consolidated, or repealed. The Administrator shall, on an annual basis— compile a list of major rules or sets of major rules that the Administrator determines are outdated, duplicative, or burdensome; and submit to Congress and include in each Unified Agenda of Federal Regulatory and Deregulatory Actions a list of major rules or sets of major rules that the Administrator recommends should be modified, consolidated, or repealed. The list of major rules or sets of major rules identified as outdated, duplicative, or burdensome under subparagraph (A)(i) shall be not less than 10 percent of all major rules and sets of major rules identified under paragraphs (1)(B) and (2)(B)(ii). In identifying major rules or sets of major rules that are outdated, duplicative, or burdensome under subsection (a), the Administrator may consider— whether the original purpose of the major rule or set of major rules was achieved, and the major rule or set of major rules could be repealed without significant recurrence of adverse effects or conduct that the major rule or set of major rules was intended to prevent or reduce; whether the implementation, compliance, administration, enforcement, imposition of unfunded mandates, or other costs of the major rule or set of major rules to the economy are not justified by the benefits to society within the United States produced by the expenditure of those costs; whether the major rule or set of major rules has been rendered unnecessary or obsolete, taking into consideration the length of time since the major rule or set of major rules 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 major rule or set of major rules; whether the major rule or set of major rules has become unjustified or unnecessary as a result of changed circumstances; whether the major rule or set of major rules is compatible with other regulations and not duplicative or inappropriately burdensome in the aggregate; whether the major rule or set of major rules is ineffective at achieving the purposes of the major rule or set of major rules; whether the major rule or set of major rules is duplicative of other Federal regulations; whether the major rule or set of major rules has excessive compliance costs, user fees, imposes unfunded mandates, or is otherwise excessively burdensome, as compared to alternatives that— specify performance objectives rather than conduct or manners of compliance; establish economic incentives to encourage desired behavior; provide information upon which choices can be made by the public; incorporate other innovative alternatives rather than agency actions that specify conduct or manners of compliance; or could in other ways substantially lower costs without significantly undermining effectiveness; whether the major rule or set of major 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 major rule or set of major rules; whether or not the major rule or set of major rules harms competition within the United States economy or the international economic competitiveness of enterprises or entities based in the United States; whether or not the major rule or set of major rules limits or prevents an agency from applying new or emerging technologies to improve efficiency and effectiveness of government; whether the major rule or set of major rules harms wage growth, including wage growth for minimum wage and part-time workers; whether the major rule or set of major rules is outdated; whether the major rule or set of major rules is in full compliance with the requirements of section 801(a)(1)(A) of title 5, United States Code; whether, and the extent to which, the repeal of the major rule or set of major rules would impact public health; the review of the report submitted by the Comptroller General of the United States under subsection (a)(2); and such other criteria as the Administrator determines to identify major rules or sets of major rules that can be repealed to eliminate or reduce unnecessarily burdensome costs to the United States economy. Not later than 30 days after the date on which the Administrator submits the list of major rules or sets of major rules to Congress under subsection (a)(3)(A)(ii), each appropriate congressional committee shall— review each such major rule or set of major rules that is within the jurisdiction of the committee to determine if the major rule or set of major rules should be modified, consolidated, or repealed; and issue a recommendation to modify, consolidate, or repeal the major rule or set of major rules in a joint resolution.
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Sec. 3
Review and identification of unnecessary regulations
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