,i #aacth ,,congress #ast ,session ,h4 ,r4 #cji ,,in ,,the ,,house ,,of ,,representatives ,january #ah1 #bjac ,mr4 ,hultgren 7for himself1 ,mr4 ,garrett1 ,mr4 ,ribble1 ,mr4 ,franks of ,arizona1 and ,mr4 ,westmoreland7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to require the periodic review and automatic termination of ,federal regulations4 #a4 ,short title ,this ,act may be cited as the ,regulatory ,sunset and ,review ,act of #bjac4 #b4 ,purpose ,the purposes of this ,act are-- 7#a7 to require agencies to regularly review their significant rules to determine whether they should be continued without change1 modified1 consolidated with another rule1 or terminated2 7#b7 to require agencies to consider the comments of the public1 the regulated community1 and the ,congress regarding the actual costs and burdens of rules being reviewed under this ,act1 and whether the rules are obsolete1 unnecessary1 duplicative1 conflicting1 or otherwise inconsistent2 7#c7 to require that any rules continued in effect under this ,act meet all the legal requirements that would apply to the issuance of a new rule1 including any applicable ,federal cost-benefit and risk assessment requirements2 7#d7 to provide for the review of significant rules and other rules through a sunset review process and to provide for the repeal or other change in such rules in accordance with chapters #e and #g of title #e1 ,united ,states ,code2 7#e7 to provide for a petition process that allows the public and appropriate committees of the ,congress to request that other rules that are not significant be reviewed in the same manner as significant rules2 and 7#f7 to require the ,administrator to coordinate and be responsible for sunset reviews conducted by the agencies4 #c4 ,review of regulations ,a covered rule shall be subject to review in accordance with this ,act4 ,upon completion of such review1 the agency which has jurisdiction over such rule shall-- 7#a7 issue a final report under section #h7;c77#b7 continuing such rule1 or 7#b7 conduct a rulemaking in accordance with section #h7;d7 to modify1 consolidate with another rule1 or terminate such rule4 #d4 ,rules covered 7a7 ,covered rules ,for purposes of this ,act1 a covered rule is a rule that-- 7#a7 is determined by the ,administrator to be a significant rule under subsection 7b72 or 7#b7 is any other rule designated by the agency which has jurisdiction over such rule or the ,administrator under this ,act for sunset review4 7b7 ,significant rules ,for purposes of this ,act1 a significant rule is a rule that the ,administrator determines-- 7#a7 has resulted in or is likely to result in an annual effect on the economy of #ajj1jjj1jjj or more2 7#b7 is a major rule2 or 7#c7 was issued pursuant to a significant regulatory action1 as that term is defined in ,executive ,order #abhff 7as in effect on the first date that ,executive order was in effect74 7c7 ,public petitions 7#a7 ,in general ,any person adversely affected by a rule that is not a significant rule may submit a petition to the agency which has jurisdiction over the rule requesting that such agency designate the rule for sunset review4 ,such agency shall designate the rule for sunset review unless such agency determines that it would not be in the public interest to conduct a sunset review of the rule4 ,in making such determination1 such agency shall take into account the number and nature of other petitions received on the same rule and whether or not such petitions have been denied4 7#b7 ,form and content of petition ,a petition under paragraph 7#a7-- 7,a7 shall be in writing1 but is not otherwise required to be in any particular form2 and 7,b7 shall identify the rule for which sunset review is requested with reasonable specificity and state on its face that the petitioner seeks sunset review of the rule4 7#c7 ,response required for noncomplying petitions ,if an agency determines that a petition does not meet the requirements of this subsection1 the agency shall provide a response to the petitioner within #cj days after receiving the petition1 notifying the petitioner of the problem and providing information on how to formulate a petition that meets those requirements4 7#d7 ,decision within #ij days ,within the #ij-;day period beginning on the date of receiving a petition that meets the requirements of this subsection1 the agency shall transmit a response to the petitioner stating whether the petition was granted or denied1 except that the agency may extend such period by a total of not more than #cj days4 7#e7 ,petitions deemed granted for substantial inexcusable delay ,a petition for sunset review of a rule is deemed to have been granted by an agency1 and such agency is deemed to have designated the rule for sunset review1 if a court finds there is a substantial and inexcusable delay1 beyond the period specified in paragraph 7#d71 in notifying the petitioner of the agency's determination to grant or deny the petition4 7#f7 ,public log ,each agency shall maintain a public log of petitions submitted under this subsection1 that includes the status or disposition of each petition4 7d7 ,congressional requests 7#a7 ,in general ,an appropriate committee of the ,congress1 or a majority of the majority party members or a majority of nonmajority party members of such committee1 may request in writing that the ,administrator designate any rule that is not a significant rule for sunset review4 ,the ,administrator shall designate such rule for sunset review within #cj days after receipt of such request unless the ,administrator determines that it would not be in the public interest to conduct a sunset review of such rule4 7#b7 ,notice of denial ,if the ,administrator denies a congressional request under this subsection1 the ,administrator shall transmit to the congressional committee making the request a notice stating the reasons for the denial4 7e7 ,publication of notice of designation for sunset review ,after designating a rule under subsection 7c7 or 7d7 for sunset review1 the agency or the ,administrator shall promptly publish a notice of that designation in the ,federal ,register4 #e4 ,criteria for sunset review 7a7 ,compliance with other laws ,in order for any rule subject to sunset review to continue without change or to be modified or consolidated in accordance with this ,act1 such rule must be authorized by law and meet all applicable requirements that would apply if it were issued as a new rule pursuant to section #eec of title #e1 ,united ,states ,code1 or other statutory rulemaking procedures required for that rule4 ,for purposes of this section1 the term applicable requirements includes any requirement for cost-benefit analysis and any requirement for standardized risk analysis and risk assessment4 7b7 ,governing law ,if there is a conflict between applicable requirements and an ,act under which a rule was issued1 the conflict shall be resolved in the same manner as such conflict would be resolved if the agency were issuing a new rule4 #f4 ,sunset review procedures 7a7 ,functions of the administrator 7#a7 ,notice of rules subject to review 7,a7 ,inventory and first list ,within #f months after the date of the enactment of this ,act1 the ,administrator shall conduct an inventory of existing rules and publish a first list of covered rules4 ,the list shall-- 7i7 specify the particular group to which each significant rule is assigned under paragraph 7#b71 and state the review deadline for all significant rules in each such group2 and 7ii7 include other rules subject to sunset review for any other reason1 and state the review deadline for each such rule4 7,b7 ,subsequent lists ,after publication of the first list under subparagraph 7,a71 the ,administrator shall publish an updated list of covered rules at least annually1 specifying the review deadline for each rule on the list4 7#b7 ,grouping of significant rules in first list 7,a7 ,staggered review ,the ,administrator shall assign each significant rule in effect on the date of enactment of this ,act to one of #d groups established by the ,administrator to permit orderly and prioritized sunset reviews1 and specify for each group an initial review deadline in accordance with section #g7;a77#a74 7,b7 ,prioritizations ,in determining which rules shall be given priority in time in that assignment1 the ,administrator shall consult with appropriate agencies1 and shall prioritize rule based on-- 7i7 the grouping of related rules in accordance with paragraph 7#c72 7ii7 the extent of the cost of each rule and on the regulated community and the public1 with priority in time given to those rules that impose the greatest cost2 7iii7 consideration of the views of regulated persons1 including ,state and local governments2 7iv7 whether a particular rule has recently been subject to cost-benefit analysis and risk assessment1 with priority in time given to those rules that have not been subject to such analysis and assessment2 7v7 whether a particular rule was issued under a statutory provision that provides relatively greater discretion to an official in issuing the rule1 with priority in time given to those rules that were issued under provisions that provide relatively greater discretion2 7vi7 the burden of reviewing each rule on the reviewing agency2 and 7vii7 the need for orderly processing and the timely completion of the sunset reviews of existing rules4 7#c7 ,grouping of related rules ,the ,administrator shall group related rules under paragraph 7#b7 7and designate other rules7 for simultaneous sunset review based upon their subject matter similarity1 functional interrelationships1 and other relevant factors to ensure comprehensive and coordinated review of redundant1 overlapping1 and conflicting rules and requirements4 ,the ,administrator shall ensure simultaneous sunset reviews of covered rules without regard to whether they were issued by the same agency1 and shall designate any other rule for sunset review that is necessary for a comprehensive sunset review whether or not such other rule is otherwise a covered rule under this ,act4 7#d7 ,guidance ,the ,administrator shall provide timely guidance to agencies on the conduct of sunset reviews and the preparation of sunset review notices and reports required by this ,act to ensure uniform1 complete1 and timely sunset reviews and to ensure notice and opportunity for public comment consistent with section #h4 7#e7 ,review and evaluation of reports ,the ,administrator shall review and evaluate each preliminary and final report submitted by the agency pursuant to this section4 ,within #ij days after receiving a preliminary report1 the ,administrator shall transmit comments to the head of the agency regarding-- 7,a7 the quality of the analysis in the report1 including whether the agency has properly applied section #e2 7,b7 the consistency of the agency's proposed action with actions of other agencies2 and 7,c7 whether the rule should be continued without change1 modified1 consolidated with another rule1 or terminated4 7b7 ,agency sunset review procedure 7#a7 ,sunset review notice ,at least #cj months before the review deadline under section #g7;a7 for a covered rule issued by an agency1 the agency shall-- 7,a7 publish a sunset review notice in accordance with section #h7;a7 in the ,federal ,register and1 to the extent reasonable and practicable1 in other publications or media that are designed to reach those persons most affected by the covered rule2 and 7,b7 request the views of the ,administrator and the appropriate committees of the ,congress on whether to continue without change1 modify1 consolidate1 or terminate the covered rule4 7#b7 ,preliminary report ,in reviewing a covered rule1 the agency shall-- 7,a7 consider public comments and other recommendations generated by a sunset review notice under paragraph 7#a72 and 7,b7 at least #a year before the review deadline under section #g7;a7 for the covered rule1 publish in the ,federal ,register1 in accordance with section #h7;b71 and transmit to the ,administrator and the appropriate committees of the ,congress a preliminary report4 7#c7 ,final report ,the agency shall consider the public comments and other recommendations generated by the preliminary report under paragraph 7#b7 for a covered rule1 and shall consult with the appropriate committees of the ,congress before issuing a final report4 ,at least #ij days before the review deadline of the covered rule1 the agency shall publish in the ,federal ,register1 in accordance with section #h7;c77#b7 or #h7;d71 and transmit a final report to the ,administrator and the appropriate committees of the ,congress4 7#d7 ,open procedures regarding sunset review ,in any sunset review conducted pursuant to this ,act1 the agency conducting the review shall make a written record describing the subject of all contacts the agency or ,administrator made with non-governmental persons outside the agency relating to such review4 ,the written record of such contact shall be made available1 upon request1 to the public4 7c7 ,effectiveness of agency recommendation ,if a final report under subsection 7b77#c7 recommends that a covered rule should be continued without change1 the covered rule shall be continued4 ,if a final report under subsection 7b77#c7 recommends that a covered rule should be modified1 consolidated with another rule1 or terminated1 the rule may be modified1 so consolidated1 or terminated in accordance with section #h7;d74 7d7 ,preservation of independence of federal bank regulatory agencies ,the head of any appropriate ,federal banking agency 7as that term is defined in section #c7q7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7q771 the ,federal ,housing ,finance ,board1 the ,national ,credit ,union ,administration1 and the ,office of ,federal ,housing ,enterprise ,oversight shall have the authority with respect to that agency that would otherwise be granted under section #g7;a77#b77;,b7 to the ,administrator or other officer designated by the ,president4 #g4 ,review deadlines for covered rules 7a7 ,in general ,for purposes of this ,act1 the review deadline of a covered rule is as follows3 7#a7 ,existing significant rules ,for a significant rule in effect on the date of the enactment of this ,act1 the initial review deadline is the last day of the #d-year1 #e-year1 #f-year1 or #g-year period beginning on the date of the enactment of this ,act1 as specified by the ,administrator under section #f7;a77#b77;,a74 ,for any significant rule that #f months after the date of enactment is not assigned to such a group specified under section #f7;a77#b77;,a71 the initial review deadline is the last day of the #d-year period beginning on the date of enactment of this ,act4 7#b7 ,new significant rules ,for a significant rule that first takes effect after the date of the enactment of this ,act1 the initial review deadline is the last day of either-- 7,a7 the #c-year period beginning on the date the rule takes effect1 or 7,b7 if the ,administrator determines as part of the rulemaking process that the rule is issued pursuant to negotiated rulemaking procedures or that compliance with the rule requires substantial capital investment1 the #g-year period beginning on the date the rule takes effect4 7#c7 ,rules covered pursuant to public petition or congressional request ,for any rule subject to sunset review pursuant to a public petition under section #d7;c7 or a congressional request under section #d7;d71 the initial review deadline is the last day of the #c-year period beginning on-- 7,a7 the date the agency or ,administrator so designates the rule for review2 or 7,b7 the date of issuance of a final court order that the agency is deemed to have designated the rule for sunset review4 7#d7 ,related rule designated for review ,for a rule that the ,administrator designates under section #f7;a77#c7 for sunset review because it is related to another covered rule and that is grouped with that other rule for simultaneous review1 the initial review deadline is the same as the review deadline for that other rule4 7b7 ,temporary extension ,the review deadline under subsection 7a7 for a covered rule may be extended by the ,administrator for not more than #f months by publishing notice thereof in the ,federal ,register that describes reasons why the temporary extension is necessary to respond to or prevent an emergency situation4 7c7 ,determinations where rules have been amended ,for purposes of this ,act1 if various provisions of a covered rule were issued at different times1 then the rule as a whole shall be treated as if it were issued on the later of-- 7#a7 the date of issuance of the provision of the rule that was issued first2 or 7#b7 the date the most recent review and revision of the rule under this ,act was completed4 #h4 ,sunset review notices and agency reports 7a7 ,sunset review notices ,the sunset review notice under section #f7;b77#a7 for a rule shall-- 7#a7 request comments regarding whether the rule should be continued without change1 modified1 consolidated with another rule1 or terminated2 7#b7 if applicable1 request comments regarding whether the rule meets the applicable ,federal cost-benefit and risk assessment criteria2 and 7#c7 solicit comments about the past implementation and effects of the rule1 including-- 7,a7 the direct and indirect costs incurred because of the rule1 including the net reduction in the value of private property 7whether real1 personal1 tangible1 or intangible71 and whether the incremental benefits of the rule exceeded the incremental costs of the rule1 both generally and regarding each of the specific industries and sectors it covers2 7,b7 whether the rule as a whole1 or any major feature of it1 is outdated1 obsolete1 or unnecessary1 whether by change of technology1 the marketplace1 or otherwise2 7,c7 the extent to which the rule or information required to comply with the rule duplicated1 conflicted1 or overlapped with requirements under rules of other agencies2 7,d7 in the case of a rule addressing a risk to health or safety or the environment1 what the perceived risk was at the time of issuance and to what extent the risk predictions were accurate2 7,e7 whether the rule unnecessarily impeded domestic or international competition or unnecessarily intruded on free market forces1 and whether the rule unnecessarily interfered with opportunities or efforts to transfer to the private sector duties carried out by the ,government2 7,f7 whether1 and to what extent1 the rule imposed unfunded mandates on1 or otherwise affected1 ,state and local governments2 7,g7 whether compliance with the rule required substantial capital investment and whether terminating the rule on the next review deadline would create an unfair advantage to those who are not in compliance with it2 7,h7 whether the rule constituted the least cost method of achieving its objective consistent with the criteria of the ,act under which the rule was issued1 and to what extent the rule provided flexibility to those who were subject to it2 7,i7 whether the rule was worded simply and clearly1 including clear identification of those who were subject to the rule2 7,j7 whether the rule created negative unintended consequences2 7,k7 the extent to which information requirements under the rule can be reduced2 and 7,l7 the extent to which the rule has contributed positive benefits1 particularly health or safety or environmental benefits4 7b7 ,preliminary reports on sunset reviews ,the preliminary report under section #f7;b77#b7 on the sunset review of a rule shall request public comments and contain-- 7#a7 specific requests for factual findings and recommended legal conclusions regarding the application of section #e to the rule1 the continued need for the rule1 and whether the rule duplicates functions of another rule2 7#b7 a request for comments on whether the rule should be continued without change1 modified1 consolidated with another rule1 or terminated2 and 7#c7 if consolidation or modification of the rule is recommended1 suggestions for the proposed text of the consolidated or modified rule4 7c7 ,final reports on sunset reviews ,the report under section #f7;b77#c7 on the sunset review of a rule shall-- 7#a7 contain the factual findings and legal conclusions of the agency conducting the review regarding the application of section #e to the rule and the agency's proposed recommendation as to whether the rule should be continued without change1 modified1 consolidated with another rule1 or terminated2 7#b7 in the case of a rule that the agency proposes to continue without change1 so state2 7#c7 in the case of a rule that the agency proposes to modify or consolidate with another rule1 contain-- 7,a7 a notice of proposed rulemaking under section #eec of title #e1 ,united ,states ,code or under other statutory rulemaking procedures required for that rule1 and 7,b7 the text of the rule as so modified or consolidated2 and 7#d7 in the case of a rule that the agency proposes to terminate1 contain a notice of proposed rulemaking for termination consistent with paragraph 7#c77;,a74 ,a final report described in paragraph 7#b7 shall be published in the ,federal ,register4 7d7 ,rulemaking ,the final report under subsection 7c77#c7 or 7c77#d7 shall be published in the ,federal ,register and its publication shall constitute publication of the notice required by subsection 7c77#c77;,a74 ,after publication of the final report under subsection 7c77#c7 or 7c77#d7 on a sunset review of a rule1 the agency which conducted such review shall conduct the rulemaking which is called for in such report4 7e7 ,legislative recommendations ,in any case in which the head of an agency determines that a rule in a final report under subsection 7c77#c7 or 7c77#d7 cannot be changed1 modified1 or consolidated with another rule without legislative action1 such head shall include in such final report a description of what legislative changes are required to implement the recommendations in such final report with regard to such rule4 #i4 ,designation of agency regulatory review officers ,the head of each agency shall designate an officer of the agency as the ,regulatory ,review ,officer of the agency4 ,the ,regulatory ,review ,officer of an agency shall be responsible for the implementation of this ,act by the agency and shall report directly to the head of the agency and the ,administrator with respect to that responsibility4 #aj4 ,relationship to the ,administrative ,procedure ,act ,nothing in this ,act is intended to supersede the provisions of chapters #e1 #f1 and #g of title #e1 ,united ,states ,code4 #aa4 ,effect of termination of a covered rule 7a7 ,effect of termination1 generally ,if a covered rule is terminated pursuant to this ,act-- 7#a7 this ,act shall not be construed to prevent the ,president or an agency from exercising any authority that otherwise exists to implement the statute under which the rule was issued2 7#b7 in an agency proceeding or court action between an agency and a non-agency party1 the rule shall be given no conclusive legal effect but may be submitted as evidence of prior agency practice and procedure2 and 7#c7 this ,act shall not be construed to prevent the continuation or institution of any enforcement action that is based on a violation of the rule that occurred before the effectiveness of the rule terminated4 7b7 ,effect on deadlines 7#a7 ,in general ,notwithstanding subsection 7a71 any deadline for1 relating to1 or involving any action dependent upon1 any rule terminated under this ,act is suspended until the agency that issued the rule issues a new rule on the same matter1 unless otherwise provided by a law4 7#b7 ,deadline defined ,in this subsection1 the term deadline means any date certain for fulfilling any obligation or exercising any authority established by or under any ,federal rule1 or by or under any court order implementing any ,federal rule4 #ab4 ,judicial review 7a7 ,in general ,a denial or substantial inexcusable delay in granting or denying a petition under section #d7;c7 shall be considered final agency action subject to review under section #gjb of title #e1 ,united ,states ,code4 ,a denial of a congressional request under section #d7;d7 shall not be subject to judicial review4 7b7 ,time limitation on filing a civil action ,notwithstanding any other provisions of law1 an action seeking judicial review of a final agency action under this ,act may not be brought-- 7#a7 in the case of a final agency action denying a public petition under section #d7;c7 or continuing without change1 modifying1 consolidating1 or terminating a covered rule1 more than #cj days after the date of that agency action2 or 7#b7 in the case of an action challenging a delay in deciding on a petition for a rule under section #d7;c71 more than #a year after the period applicable to the rule under section #d7;c77#d74 7c7 ,availability of judicial review unaffected ,except to the extent that there is a direct conflict with the provisions of this ,act1 nothing in this ,act is intended to affect the availability or standard of judicial review for agency regulatory action4 #ac4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,office of ,information and ,regulatory ,affairs in the ,office of ,management and ,budget4 7#b7 ,agency ,the term agency has the meaning given that term in section #eea7a7 of title #e1 ,united ,states ,code4 7#c7 ,appropriate committee of the congress ,the term appropriate committee of the ,congress means1 with respect to a rule1 each standing committee of ,congress having authority under the ,rules of the ,house of ,representatives or the ,senate to report a bill to amend the provision of law under which the rule is issued4 7#d7 ,major rule ,the term major rule means any rule that the ,administrator of the ,office of ,information and ,regulatory ,affairs in the ,office of ,management and ,budget finds has resulted in or is likely to result in-- 7,a7 an annual effect on the economy of #ajj1jjj1jjj or more2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 or local government agencies1 or geographic regions2 or 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets4 7#e7 ,rule 7,a7 ,general rule ,subject to subparagraph 7,b71 the term rule means any agency statement of general applicability and future effect1 including agency guidance documents1 designed to implement1 interpret1 or prescribe law or policy1 or describing the procedures or practices of an agency1 or intended to assist in such actions1 but does not include-- 7i7 regulations or other agency statements issued in accordance with formal rulemaking provisions of sections #eef and #eeg of title #e1 ,united ,states ,code1 or in accordance with other statutory formal rulemaking procedures required for such regulations or statements2 7ii7 regulations or other agency statements that are limited to agency organization1 management1 or personnel matters2 7iii7 regulations or other agency statements issued with respect to a military or foreign affairs function of the ,united ,states2 7iv7 regulations1 statements1 or other agency actions that are reviewed and usually modified each year 7or more frequently71 or are reviewed regularly and usually modified based on changing economic or seasonal conditions2 7v7 regulations or other agency actions that grant an approval1 license1 permit1 registration1 or similar authority or that grant or recognize an exemption or relieve a restriction1 or any agency action necessary to permit new or improved applications of technology or to allow the manufacture1 distribution1 sale1 or use of a substance or product2 and 7vi7 regulations or other agency statements that the ,administrator certifies in writing are necessary for the enforcement of the ,federal criminal laws4 7,b7 ,scope of a rule ,for purposes of this ,act1 each set of rules designated in the ,code of ,federal ,regulations as a part shall be treated as one rule4 ,each set of rules that do not appear in the ,code of ,federal ,regulations and that are comparable to a part of that ,code under guidelines established by the ,administrator shall be treated as one rule4 7#f7 ,sunset review ,the term sunset review means a review of the rule under this ,act4 #ad4 ,sunset of this act ,this ,act shall have no force or effect after the #aj-year period beginning on the date of the enactment of this ,act4