I 
114TH CONGRESS 
1ST SESSION H. R. 1155 
To provide for the establishment of a process for the review of rules and 
sets of rules, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2015 
Mr. SMITH of Missouri (for himself, Mr. COLLINS of Georgia, Mr. HULTGREN, 
Mr. POE of Texas, Mr. MARINO, Mr. FRANKS of Arizona, Mr. GOOD-
LATTE, and Mr. LUETKEMEYER) introduced the following bill; which was 
referred to the Committee on Oversight and Government Reform, and in 
addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Searching for and Cut-
ting Regulations that are Unnecessarily Burdensome Act 
of 2015’’ or as the ‘‘SCRUB Act of 2015’’. 
SEC. 2. TABLE OF CONTENTS. 
Sec. 1. Short title. 
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Sec. 2. Table of contents. 
TITLE I—RETROSPECTIVE REGULATORY REVIEW COMMISSION 
Sec. 101. In general. 
TITLE II—REGULATORY CUT-GO 
Sec. 201. Cut-go procedures. 
Sec. 202. Applicability. 
Sec. 203. OIRA certification of cost calculations. 
TITLE III—RETROSPECTIVE REVIEW OF NEW RULES 
Sec. 301. Plan for future review. 
TITLE IV—JUDICIAL REVIEW 
Sec. 401. Judicial review. 
TITLE V—MISCELLANEOUS PROVISIONS 
Sec. 501. Definitions. 
Sec. 502. Effective date. 
TITLE I—RETROSPECTIVE REGU-
LATORY 
REVIEW 
COMMIS-
SION 
SEC. 101. IN GENERAL. 
(a) ESTABLISHMENT.—There is established a com-
mission, to be known as the ‘‘Retrospective Regulatory Re-
view Commission’’, that shall review rules and sets of rules 
in accordance with specified criteria to determine if a rule 
or set of rules should be repealed to eliminate or reduce 
the costs of regulation to the economy. The Commission 
shall terminate on the date that is 5 years and 180 days 
after the date of enactment of this Act or 5 years after 
the date by which all Commission members’ terms have 
commenced, whichever is later. 
(b) MEMBERSHIP.— 
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(1) NUMBER.—The Commission shall be com-
posed of 9 members who shall be appointed by the 
President and confirmed by the Senate. Each mem-
ber shall be appointed not later than 180 days after 
the date of enactment of this Act. 
(2) TERM.—The term of each member shall 
commence upon the member’s confirmation by the 
Senate and shall extend to the date that is 5 years 
and 180 days after the date of enactment of this Act 
or that is 5 years after the date by which all mem-
bers have been confirmed by the Senate, whichever 
is later. 
(3) APPOINTMENT.—The members of the Com-
mission shall be appointed as follows: 
(A) CHAIR.—The President shall appoint 
as the Chair of the Commission an individual 
with expertise and experience in rulemaking, 
such as past Administrators of the Office of In-
formation and Regulatory Affairs, past chair-
men of the Administrative Conference of the 
United States, and other individuals with simi-
lar expertise and experience in rulemaking af-
fairs and the administration of regulatory re-
views. 
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(B) CANDIDATE LIST OF MEMBERS.—The 
Speaker of the House of Representatives, the 
Minority Leader of the House of Representa-
tives, the Majority Leader of the Senate, and 
the Minority Leader of the Senate shall each 
present to the President a list of candidates to 
be members of the Commission. Such can-
didates shall be individuals learned in rule-
making affairs and, preferably, administration 
of regulatory reviews. The President shall ap-
point 2 members of the Commission from each 
list provided under this subparagraph, subject 
to the provisions of subparagraph (C). 
(C) RESUBMISSION OF CANDIDATE.—The 
President may request from the presenter of 
the list under subparagraph (B) a new list of 
one or more candidates if the President— 
(i) determines that any candidate on 
the list presented pursuant to subpara-
graph (B) does not meet the qualifications 
specified in such subparagraph to be a 
member of the Commission; and 
(ii) certifies that determination to the 
congressional officials specified in subpara-
graph (B). 
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(c) POWERS AND AUTHORITIES OF THE COMMIS-
SION.— 
(1) MEETINGS.—The Commission may meet 
when, where, and as often as the Commission deter-
mines appropriate, except that the Commission shall 
hold public meetings not less than twice each year. 
All meetings of the Commission shall be open to the 
public. 
(2) HEARINGS.—In addition to meetings held 
under paragraph (1), the Commission may hold 
hearings to consider issues of fact or law relevant to 
the Commission’s work. Any hearing held by the 
Commission shall be open to the public. 
(3) ACCESS TO INFORMATION.—The Commis-
sion may secure directly from any agency informa-
tion and documents necessary to enable the Commis-
sion to carry out this Act. Upon request of the Chair 
of the Commission, the head of that agency shall 
furnish that information or document to the Com-
mission as soon as possible, but not later than two 
weeks after the date on which the request was made. 
(4) SUBPOENAS.— 
(A) IN GENERAL.—The Commission may 
issue subpoenas requiring the attendance and 
testimony of witnesses and the production of 
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any evidence relating to the duties of the Com-
mission. The attendance of witnesses and the 
production of evidence may be required from 
any place within the United States at any des-
ignated place of hearing within the United 
States. 
(B) FAILURE TO OBEY A SUBPOENA.—If a 
person refuses to obey a subpoena issued under 
subparagraph (A), the Commission may apply 
to a United States district court for an order 
requiring that person to appear before the Com-
mission to give testimony, produce evidence, or 
both, relating to the matter under investigation. 
The application may be made within the judicial 
district where the hearing is conducted or where 
that person is found, resides, or transacts busi-
ness. Any failure to obey the order of the court 
may be punished by the court as civil contempt. 
(C) SERVICE
OF
SUBPOENAS.—The sub-
poenas of the Commission shall be served in the 
manner provided for subpoenas issued by a 
United States district court under the Federal 
Rules of Civil Procedure for the United States 
district courts. 
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(D) SERVICE OF PROCESS.—All process of 
any court to which application is made under 
subparagraph (B) may be served in the judicial 
district in which the person required to be 
served resides or may be found. 
(d) PAY AND TRAVEL EXPENSES.— 
(1) PAY.— 
(A) MEMBERS.—Each member, other than 
the Chair of the Commission, shall be paid at 
a rate equal to the daily equivalent of the min-
imum annual rate of basic pay payable for level 
IV of the Executive Schedule under section 
5315 of title 5, United States Code, for each 
day (including travel time) during which the 
member is engaged in the actual performance of 
duties vested in the Commission. 
(B) CHAIR.—The Chair shall be paid for 
each day referred to in subparagraph (A) at a 
rate equal to the daily equivalent of the min-
imum annual rate of basic pay payable for level 
III of the Executive Schedule under section 
5314 of title 5, United States Code. 
(2) TRAVEL EXPENSES.—Members shall receive 
travel expenses, including per diem in lieu of subsist-
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ence, in accordance with sections 5702 and 5703 of 
title 5, United States Code. 
(e) DIRECTOR OF STAFF.— 
(1) IN GENERAL.—The Commission shall ap-
point a Director. 
(2) PAY.—The Director shall be paid at the 
rate of basic pay payable for level V of the Executive 
Schedule under section 5316 of title 5, United 
States Code. 
(f) STAFF.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Director, with the approval of the Commission, 
may appoint, fix the pay of, and terminate addi-
tional personnel. 
(2) LIMITATIONS ON APPOINTMENT.—The Di-
rector may make such appointments without regard 
to the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and 
any personnel so appointed may be paid without re-
gard to the provisions of chapter 51 and subchapter 
III of chapter 53 of that title relating to classifica-
tion and General Schedule pay rates, except that an 
individual so appointed may not receive pay in ex-
cess of the annual rate of basic pay payable for GS– 
15 of the General Schedule. 
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(3) AGENCY ASSISTANCE.—Following consulta-
tion with and upon request of the Chair of the Com-
mission, the head of any agency may detail any of 
the personnel of that agency to the Commission to 
assist the Commission in carrying out the duties of 
the Commission under this Act. 
(4) GAO AND OIRA ASSISTANCE.—The Comp-
troller General of the United States and the Admin-
istrator of the Office of Information and Regulatory 
Affairs shall provide assistance, including the detail-
ing of employees, to the Commission in accordance 
with an agreement entered into with the Commis-
sion. 
(5) ASSISTANCE FROM OTHER PARTIES.—Con-
gress, the States, municipalities, federally recognized 
Indian tribes, and local governments may provide as-
sistance, including the detailing of employees, to the 
Commission in accordance with an agreement en-
tered into with the Commission. 
(g) OTHER AUTHORITY.— 
(1) EXPERTS AND CONSULTANTS.—The Com-
mission may procure by contract, to the extent funds 
are available, the temporary or intermittent services 
of experts or consultants pursuant to section 3109 
of title 5, United States Code. 
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(2) PROPERTY.—The Commission may lease 
space and acquire personal property to the extent 
funds are available. 
(h) DUTIES OF THE COMMISSION.— 
(1) IN GENERAL.—The Commission shall con-
duct a review of the Code of Federal Regulations to 
identify rules and sets of rules that collectively im-
plement a regulatory program that should be re-
pealed to lower the cost of regulation to the econ-
omy. The Commission shall give priority in the re-
view to rules or sets of rules that are major rules 
or include major rules, have been in effect more than 
15 years, impose paperwork burdens that could be 
reduced substantially without significantly dimin-
ishing regulatory effectiveness, impose disproportion-
ately high costs on entities that qualify as small en-
tities within the meaning of section 601(6) of title 
5, United States Code, or could be strengthened in 
their effectiveness while reducing regulatory costs. 
The Commission shall have as a goal of the Commis-
sion to achieve a reduction of at least 15 percent in 
the cumulative costs of Federal regulation with a 
minimal reduction in the overall effectiveness of such 
regulation. 
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(2) NATURE
OF
REVIEW.—To identify which 
rules and sets of rules should be repealed to lower 
the cost of regulation to the economy, the Commis-
sion shall apply the following criteria: 
(A) Whether the original purpose of the 
rule or set of rules was achieved, and the rule 
or set of rules could be repealed without signifi-
cant recurrence of adverse effects or conduct 
that the rule or set of rules was intended to 
prevent or reduce. 
(B) Whether the implementation, compli-
ance, 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 produced by the expenditure 
of those costs. 
(C) 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 tech-
nology, economic conditions, market practices, 
or other relevant factors have changed in the 
subject area affected by the rule or set of rules. 
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(D) Whether the rule or set of rules is in-
effective at achieving the purposes of the rule or 
set of rules. 
(E) Whether the rule or set of rules over-
laps, duplicates, or conflicts with other Federal 
rules, and to the extent feasible, with State and 
local governmental rules. 
(F) Whether the rule or set of rules has 
excessive compliance costs or is otherwise exces-
sively burdensome, as compared to alternatives 
that— 
(i) 
specify 
performance 
objectives 
rather than conduct or manners of compli-
ance; 
(ii) establish economic incentives to 
encourage desired behavior; 
(iii) provide information upon which 
choices can be made by the public; 
(iv) incorporate other innovative alter-
natives rather than agency actions that 
specify conduct or manners of compliance; 
or 
(v) could in other ways substantially 
lower costs without significantly under-
mining effectiveness. 
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(G) Whether the rule or set of rules inhib-
its 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 re-
quired by or permissible under the rule or set 
of rules. 
(H) Whether or not the rule or set of rules 
harms competition within the United States 
economy or the international economic competi-
tiveness of enterprises or entities based in the 
United States. 
(I) Such other criteria as the Commission 
devises to identify rules and sets of rules that 
can be repealed to eliminate or reduce unneces-
sarily burdensome costs to the United States 
economy. 
(3) METHODOLOGY FOR REVIEW.—The Com-
mission shall establish a methodology for conducting 
the review (including an overall review and discrete 
reviews of portions of the Code of Federal Regula-
tions), identifying rules and sets of rules, and 
classifying rules under this subsection and publish 
the terms of the methodology in the Federal Reg-
ister and on the website of the Commission. The 
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Commission may propose and seek public comment 
on the methodology before the methodology is estab-
lished. 
(4) CLASSIFICATION OF RULES AND SETS OF 
RULES.— 
(A) IN GENERAL.—After completion of any 
review of rules or sets of rules under paragraph 
(2), the Commission shall classify each rule or 
set of rules identified in the review to qualify 
for recommended repeal as either a rule or set 
of rules— 
(i) on which immediate action to re-
peal is recommended; or 
(ii) that should be eligible for repeal 
under regulatory cut-go procedures under 
title II. 
(B) DECISIONS BY MAJORITY.—Each deci-
sion by the Commission to identify a rule or set 
of rules for classification under this paragraph, 
and each decision whether to classify the rule or 
set of rules under clause (i) or (ii) of subpara-
graph (A), shall be made by a simple majority 
vote of the Commission. No such vote shall take 
place until after all members of the Commission 
have been confirmed by the Senate. 
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(5) INITIATION
OF
REVIEW
BY
OTHER
PER-
SONS.— 
(A) IN GENERAL.—The Commission may 
also conduct a review under paragraph (2) of, 
and, if appropriate, classify under paragraph 
(4), any rule or set of rules that is submitted 
for review to the Commission by— 
(i) the President; 
(ii) a Member of Congress; 
(iii) any officer or employee of a Fed-
eral, State, local or tribal government, or 
regional governmental body; or 
(iv) any member of the public. 
(B) FORM OF SUBMISSION.—A submission 
to the Commission under this paragraph 
shall— 
(i) identify the specific rule or set of 
rules submitted for review; 
(ii) provide a statement of evidence to 
demonstrate that the rule or set of rules 
qualifies to be identified for repeal under 
the criteria listed in paragraph (2); and 
(iii) such other information as the 
submitter believes may be helpful to the 
Commission’s review, including a state-
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ment of the submitter’s interest in the 
matter. 
(C) PUBLIC AVAILABILITY.—The Commis-
sion shall make each submission received under 
this paragraph available on the website of the 
Commission as soon as possible, but not later 
than 1 week after the date on which the sub-
mission was received. 
(i) NOTICES AND REPORTS OF THE COMMISSION.— 
(1) NOTICES
OF
AND
REPORTS
ON
ACTIVI-
TIES.—The Commission shall publish, in the Federal 
Register and on the website of the Commission— 
(A) notices in advance of all public meet-
ings, hearings, and classifications under sub-
section (h) informing the public of the basis, 
purpose, and procedures for the meeting, hear-
ing, or classification; and 
(B) reports after the conclusion of any 
public meeting, hearing, or classification under 
subsection (h) summarizing in detail the basis, 
purpose, and substance of the meeting, hearing, 
or classification. 
(2) ANNUAL
REPORTS
TO
CONGRESS.—Each 
year, beginning on the date that is one year after 
the date on which all Commission members have 
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expire, the Commission shall submit a final report 
simultaneously to each House of Congress summa-
rizing all activities and recommendations of the 
Commission, including a list of all rules or sets of 
rules the Commission classified under clause (i) of 
subsection (h)(4)(A) for immediate action to repeal, 
a separate list of all rules or sets of rules the Com-
mission classified under clause (ii) of subsection 
(h)(4)(A) for repeal, and with regard to each rule or 
set of rules listed on either list, the information de-
scribed in subparagraphs (A) through (F) of sub-
section (h)(2). This report may be included in the 
final annual report of the Commission under para-
graph (2) and may include the Commission’s rec-
ommendation whether the Commission should be re-
authorized by Congress. 
(j) REPEAL
OF
REGULATIONS; CONGRESSIONAL 
CONSIDERATION OF COMMISSION REPORTS.— 
(1) IN GENERAL.—Subject to paragraph (2)— 
(A) the head of each agency with authority 
to repeal a rule or set of rules classified by the 
Commission under subsection (h)(4)(A)(i) for 
immediate action to repeal and newly listed as 
such in an annual or final report of the Com-
mission under paragraph (2) or (3) of sub-
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section (i) shall repeal the rule or set of rules 
as recommended by the Commission within 60 
days after the enactment of a joint resolution 
under paragraph (2) for approval of the rec-
ommendations of the Commission in the report; 
and 
(B) the head of each agency with authority 
to repeal a rule or set of rules classified by the 
Commission under subsection (h)(4)(A)(ii) for 
repeal and newly listed as such in an annual or 
final report of the Commission under paragraph 
(2) or (3) of subsection (i) shall repeal the rule 
or set of rules as recommended by the Commis-
sion pursuant to section 201, following the en-
actment of a joint resolution under paragraph 
(2) for approval of the recommendations of the 
Commission in the report. 
(2) CONGRESSIONAL APPROVAL.— 
(A) IN GENERAL.—No head of an agency 
described in paragraph (1) shall be required by 
this Act to carry out a repeal listed by the 
Commission in a report transmitted to Congress 
under paragraph (2) or (3) of subsection (i) 
until a joint resolution is enacted, in accordance 
with the provisions of subparagraph (B), ap-
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proving such recommendations of the Commis-
sion for repeal. 
(B) TERMS
OF
THE
RESOLUTION.—For 
purposes of paragraph (A), the term ‘‘joint res-
olution’’ means only a joint resolution which is 
introduced after the date on which the Commis-
sion transmits to the Congress under paragraph 
(2) or (3) of subsection (i) the report con-
taining the recommendations to which the reso-
lution pertains, and— 
(i) which does not have a preamble; 
(ii) the matter after the resolving 
clause of which is only as follows: ‘‘That 
Congress approves the recommendations 
for repeal of the Retrospective Regulatory 
Review Commission as submitted by the 
Commission on llll’’, the blank 
space being filled in with the appropriate 
date; and 
(iii) the title of which is as follows: 
‘‘Approving recommendations for repeal of 
the Retrospective Regulatory Review Com-
mission.’’. 
(3) REISSUANCE OF RULES.— 
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(A) NO SUBSTANTIALLY SIMILAR RULE TO 
BE REISSUED.—A rule that is repealed under 
paragraph (1) or section 201 may not be re-
issued 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 en-
acted after the date of the joint resolution ap-
proving the Commission’s recommendation to 
repeal the original rule. 
(B) AGENCY TO ENSURE AVOIDANCE OF 
SIMILAR DEFECTS.—An agency, in making any 
new rule to implement statutory authority pre-
viously implemented by a rule repealed under 
paragraph (1) or section 201, shall ensure that 
the new rule does not result in the same ad-
verse effects of the repealed rule that caused 
the Commission to recommend to Congress the 
latter’s repeal and will not result in new adverse 
effects of the kind described in the criteria 
specified in or under subsection (h). 
(k) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated such sums as may be necessary to the 
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Commission to carry out this Act, not to exceed 
$30,000,000. 
(2) AVAILABILITY.—Any sums appropriated 
under the authorization contained in this section 
shall remain available, without fiscal year limitation, 
until the earlier of the date that such sums are ex-
pended or the date of the termination of the Com-
mission. 
(l) WEBSITE.— 
(1) IN GENERAL.—The Commission shall estab-
lish a public website that— 
(A) uses current information technology to 
make records available on the website; 
(B) provides information in a standard 
data format; and 
(C) receives and publishes public com-
ments. 
(2) PUBLISHING OF INFORMATION.—Any infor-
mation required to be made available on the website 
established pursuant to this Act shall be published 
in a timely manner and shall be accessible by the 
public on the website at no cost. 
(3) RECORD OF PUBLIC MEETINGS AND HEAR-
INGS.—All records of public meetings and hearings 
shall be published on the website as soon as possible, 
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but not later than 1 week after the date on which 
such public meeting or hearing occurred. 
(4) PUBLIC COMMENTS.—The Commission shall 
publish on the website all public comments and sub-
missions. 
(5) NOTICES.—The Commission shall publish 
on the website notices of all public meetings and 
hearings at least one week before the date on which 
such public meeting or hearing occurs. 
(m) APPLICABILITY
OF
THE FEDERAL ADVISORY 
COMMITTEE ACT.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this Act, the Commission shall be subject to 
the provisions of the Federal Advisory Committee 
Act (5 U.S.C. App.). 
(2) ADVISORY COMMITTEE MANAGEMENT OFFI-
CER.—The Commission shall not be subject to the 
control of any Advisory Committee Management Of-
ficer designated under section 8(b)(1) of the Federal 
Advisory Committee Act (5 U.S.C. App.). 
(3) SUBCOMMITTEE.—Any subcommittee of the 
Commission shall be treated as the Commission for 
purposes of the Federal Advisory Committee Act (5 
U.S.C. App.). 
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(4) CHARTER.—The enactment of the SCRUB 
Act of 2015 shall be considered to meet the require-
ments of the Commission under section 9(c) of the 
Federal Advisory Committee Act (5 U.S.C. App.). 
TITLE II—REGULATORY CUT-GO 
SEC. 201. CUT-GO PROCEDURES. 
(a) IN GENERAL.—Except as provided in section 
101(j)(2)(A) or section 202, an agency, when the agency 
makes a new rule, shall repeal rules or sets of rules of 
that agency classified by the Commission under section 
101(h)(4)(A)(ii), such that the annual costs of the new 
rule to the United States economy is offset by such re-
peals, 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 Commission. 
(b) ALTERNATIVE PROCEDURE.—An agency may, al-
ternatively, repeal rules or sets of rules of that agency 
classified 
by 
the 
Commission 
under 
section 
101(h)(4)(A)(ii) prior to the time specified in subsection 
(a). If the agency so repeals such a rule or set of rules 
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, based on the regulatory cost reductions of repeal 
identified by the Commission, to meet, in whole or in part, 
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