,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #hjce  ,,in ,,the ,,house ,,of  
,,representatives  ,august #ad1 #bjbj   
,mr4 ,burchett introduced the following 
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to reform the process by which ,federal
 agencies analyze and formulate new     
regulations and guidance documents1 to  
clarify the nature of judicial review of
 agency interpretations1 to ensure      
complete analysis of potential impacts  
on small entities of rules1 and for     
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,protecting    
,jobs and ,wages from ,regulations ,act 
of #bjbj4  #b4 ,definitions ,section    
#eea of title #e1 ,united ,states ,code1
 is amended--  7#a7 in paragraph 7#ac71 
by striking and at the end2  7#b7 in    
paragraph 7#ad71 by striking the period 
at the end and inserting 2 and2 and     
7#c7 by adding at the end the following3
  7#ae7 negative-impact on jobs and     
wages rule means any rule that the      

agency that made the rule or the        
,administrator of the ,office of        
,information and ,regulatory ,affairs   
determines is likely to--  7,a7 in one  
or more sectors of the economy that has 
a #f-;digit code under the ,north       
,american ,industry ,classification     
,system1 reduce employment not related  
to new regulatory compliance by #a      
percent or more annually during the     
#a-year1 #e-year1 or #aj-year period    
after implementation2  7,b7 in one or   
more sectors of the economy that has a  
#f-;digit code under the ,north         
,american ,industry ,classification     
,system1 reduce average weekly wages for
 employment not related to new          
regulatory compliance by #a percent or  
more annually during the #a-year1       
#e-year1 or #aj-year period after       
implementation2  7,c7 in any industry   
area 7as such term is defined in the    
,current ,population ,survey conducted  
by the ,bureau of ,labor ,statistics7 in
 which the most recent annual           

unemployment rate for the industry area 
is greater than #e percent1 as          
determined by the ,bureau of ,labor     
,statistics in the ,current ,population 
,survey1 reduce employment not related  
to new regulatory compliance during the 
first year after implementation2 or     
7,d7 in any industry area in which the  
,bureau of ,labor ,statistics projects  
in the ,occupational ,employment        
,statistics program that the employment 
level will decrease by #a percent or    
more1 further reduce employment not     
related to new regulatory compliance    
during the first year after             
implementation4  4  #c4 ,rule making    
7a7 ,section #eec7;a7 of title #e1      
,united ,states ,code1 is amended by    
striking 7a7 ,this section applies and  
inserting 7a7 ,applicability4--,this    
section applies4  7b7 ,section #eec of  
title #e1 ,united ,states ,code1 is     
amended by striking subsection 7b7 and  
inserting the following3  7b7 ,rule     
making considerations ,in a rule making1

 an agency shall make all preliminary   
and final factual determinations based  
on evidence and consider1 in addition to
 other applicable considerations1 the   
following3 7#a7 ,the legal authority    
under which a rule may be proposed1     
including whether a rule making is      
required by statute1 and if so1 whether 
by a specific date1 or whether the      
agency has discretion to commence a rule
 making4  7#b7 ,other statutory         
considerations applicable to whether the
 agency can or should propose a rule or 
undertake other agency action4  7#c7    
,the specific nature and significance of
 the problem the agency may address with
 a rule 7including the degree and nature
 of risks the problem poses and the     
priority of addressing those risks      
compared to other matters or activities 
within the agency's jurisdiction71      
whether the problem warrants new agency 
action1 and the countervailing risks    
that may be posed by alternatives for   
new agency action4  7#d7 ,whether       

existing rules have created or          
contributed to the problem the agency   
may address with a rule and whether     
those rules could be amended or         
rescinded to address the problem in     
whole or part4  7#e7 ,any reasonable    
alternatives for a new rule or other    
response identified by the agency or    
interested persons1 including not only  
responses that mandate particular       
conduct or manners of compliance1 but   
also--  7,a7 the alternative of no      
,federal response2  7,b7 amending or    
rescinding existing rules2  7,c7        
potential regional1 ,state1 local1 or   
tribal regulatory action or other       
responses that could be taken in lieu of
 agency action2 and  7,d7 potential     
responses that--  7i7 specify           
performance objectives rather than      
conduct or manners of compliance2  7ii7 
establish economic incentives to        
encourage desired behavior2  7iii7      
provide information upon which choices  
can be made by the public2 or  7iv7     

incorporate other innovative            
alternatives rather than agency actions 
that specify conduct or manners of      
compliance4  7#f7 ,notwithstanding any  
other provision of law-- 7,a7 the       
potential costs and benefits associated 
with potential alternative rules and    
other responses considered under section
 #eec7;b77#e71 including direct1        
indirect1 and cumulative costs and      
benefits and estimated impacts on jobs  
7including an estimate of the net gain  
or loss in domestic jobs71 wages1       
economic growth1 innovation1 economic   
competitiveness1 and impacts on low     
income populations2  7,b7 means to      
increase the cost-effectiveness of any  
,federal response2 and  7,c7 incentives 
for innovation1 consistency1            
predictability1 lower costs of          
enforcement and compliance 7to          
government entities1 regulated entities1
 and the public71 and flexibility4  4