(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, imposes unfunded 
mandates, or is otherwise excessively burden-
some, 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) Whether or not the rule or set of rules 
limits or prevents an agency from applying new 
or emerging technologies to improve efficiency 
and effectiveness of government. 
(J) Whether the rule or set of rules harms 
wage growth, including wage growth for min-
imum wage and part-time workers. 
(K) 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can be repealed to eliminate or reduce unneces-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. 
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(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 
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. 
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(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. 
(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— 
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(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-
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, 
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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 
been confirmed by the Senate, the Commission shall 
submit a report simultaneously to each House of 
Congress detailing the activities of the Commission 
for the previous year, and listing all rules and sets 
of rules classified under subsection (h) during that 
year. For each rule or set of rules so listed, the 
Commission shall— 
(A) identify the agency that made the rule 
or set of rules; 
(B) identify the annual cost of the rule or 
set of rules to the United States economy and 
the basis upon which the Commission identified 
that cost; 
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(C) identify whether the rule or set of rules 
was classified under clause (i) or clause (ii) of 
subsection (h)(4)(A); 
(D) identify the criteria under subsection 
(h)(2) that caused the classification of the rule 
or set of rules and the basis upon which the 
Commission determined that those criteria were 
met; 
(E) for each rule or set of rules listed 
under the criteria set forth in subparagraph 
(B), (D), (F), (G), (H), or (I) of subsection 
(h)(2), or other criteria established by the Com-
mission under subparagraph (I) of such sub-
section under which the Commission evaluated 
alternatives to the rule or set of rules that could 
lead to lower regulatory costs, identify alter-
natives to the rule or set of rules that the Com-
mission recommends the agency consider as re-
placements for the rule or set of rules and the 
basis on which the Commission rests the rec-
ommendations, and, in identifying such alter-
natives, emphasize alternatives that will achieve 
regulatory effectiveness at the lowest cost and 
with the lowest adverse impacts on jobs; 
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(F) for each rule or set of rules listed 
under the criteria set forth in subsection 
(h)(2)(E), the other Federal, State, or local 
governmental rules that the Commission found 
the rule or set of rules to overlap, duplicate, or 
conflict with, and the basis for the findings of 
the Commission; and 
(G) in the case of each set of rules so list-
ed, analyze whether Congress should also con-
sider repeal of the statutory authority imple-
mented by the set of rules. 
(3) FINAL REPORT.—Not later than the date 
on which the Commission members’ appointments 
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 
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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-
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 
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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-
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; 
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(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.— 
(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 
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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 
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; 
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(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, 
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 
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