,,ii #aadth ,,congress #ast ,session ,s4 #ajfg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bc1 #bjae,mr4 ,blunt 7for himself1 ,mr4 ,roberts1 ,mr4 ,tillis1 and ,mr4 ,heller7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to require the periodic review and automatic termination of ,federal regulations4 #a4 ,short title ,this ,act may be cited as the ,regulatory ,review and ,sunset ,act of #bjae4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to require agencies to regularly review significant rules to determine whether the rules 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 ,congress regarding the actual costs and burdens of rules 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 of 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 ,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 agencies4 #c4 ,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 ,congress ,the term appropriate committee of ,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 ,appropriate ,federal banking agency ,the term appropriate ,federal banking agency has the meaning given that term in section #c7q7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7q774 7#e7 ,covered rule ,the term covered rule means a rule that-- 7,a7 is determined by the ,administrator to be a significant rule2 or 7,b7 is any other rule designated by an agency or the ,administrator for sunset review under this ,act4 7#f7 ,major rule ,the term major rule means any rule that the ,administrator 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 the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets4 7#g7 ,rule ,the term rule-- 7,a7 means-- 7i7 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 actions2 and 7ii7 each set of rules-- 7,i7 designated in the ,code of ,federal ,regulations as a part2 and 7,,ii7 that do not appear in the ,code of ,federal ,regulations and are comparable to a part of that ,code under guidelines established by the ,administrator2 and 7,b7 does not include-- 7i7 regulations or other agency statements-- 7,i7 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 7,,ii7 that are limited to agency organization1 management1 or personnel matters2 7,,iii7 issued with respect to a military or foreign affairs function of the ,united ,states2 or 7,,iv7 that the ,administrator certifies in writing are necessary for the enforcement of the ,federal criminal laws2 7ii7 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 or 7iii7 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 product4 7#h7 ,significant rule ,the term significant rule means 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 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review71 as in effect on ,september #cj1 #aiic4 7#i7 ,sunset review ,the term sunset review means a review of a rule under this ,act4 #d4 ,designation of rules for sunset review 7a7 ,covered rules ,a covered rule shall be subject to sunset review in accordance with this ,act4 7b7 ,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 that has jurisdiction over the rule requesting that the agency designate the rule for sunset review1 which shall-- 7,a7 be in writing1 but is not otherwise required to be in any particular form2 and 7,b7 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#b7 ,response required for noncomplying petitions ,if an agency determines that a petition submitted under paragraph 7#a7 does not meet the requirements of this subsection1 the agency shall provide a response to the petitioner not later than #cj days after the date on which the agency received the petition1 which shall-- 7,a7 notify the petitioner of the problem2 and 7,b7 provide information on how to formulate a petition that meets those requirements4 7#c7 ,decision within #ij days ,not later than #ij days after the date on which an agency receives a petition under paragraph 7#a7 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#d7 ,petitions deemed granted for substantial inexcusable delay ,a petition submitted under paragraph 7#a7 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#c71 in notifying the petitioner of the determination of the agency to grant or deny the petition4 7#e7 ,public log ,each agency shall maintain a public log of petitions submitted under paragraph 7#a71 which shall include the status or disposition of each petition4 7c7 ,congressional requests 7#a7 ,in general ,an appropriate committee of ,congress1 or a majority of the majority party members or a majority of nonmajority party members of the committee1 may request in writing that the ,administrator designate any rule that is not a significant rule for sunset review4 7#b7 ,designation by ,administrator ,not later than #cj days after the date on which the ,administrator receives a request under paragraph 7#a71 the ,administrator shall designate the rule for sunset review1 unless the ,administrator determines that it would not be in the public interest to conduct a sunset review of the rule4 7#c7 ,notice of denial ,if the ,administrator denies a request under paragraph 7#a71 the ,administrator shall transmit to the committee of ,congress making the request a notice stating the reasons for the denial4 7d7 ,publication of notice of designation for sunset review ,after designating a rule under subsection 7b7 or 7c7 for sunset review1 the agency or the ,administrator1 as applicable1 shall promptly publish a notice of that designation in the ,federal ,register4 #e4 ,criteria for sunset review 7a7 ,definition ,in this section1 the term applicable requirements includes any requirement for-- 7#a7 cost-benefit analysis2 and 7#b7 standardized risk analysis and risk assessment4 7b7 ,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 the rule shall 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 7c7 ,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 the 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 ,not later than #f months after the date of enactment of this ,act1 the ,administrator shall conduct an inventory of rules in effect on the date of enactment of this ,act and publish a first list of covered rules1 which 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 group in accordance with section #g7;a77#a72 and 7ii7 include other rules subject to sunset review for any other reason1 and state the review deadline for each such rule in accordance with section #g7;a77#a74 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 ,to permit orderly and prioritized sunset reviews1 the ,administrator shall-- 7i7 assign each significant rule in effect on the date of enactment of this ,act to #a of #d groups established by the ,administrator2 and 7ii7 specify for each such 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 the assignment under subparagraph 7,a77i71 the ,administrator shall-- 7i7 consult with appropriate agencies2 and 7ii7 prioritize rules based on-- 7,i7 the grouping of related rules under paragraph 7#c72 7,,ii7 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 7,,iii7 consideration of the views of regulated persons1 including ,state and local governments2 7,,iv7 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 7,v7 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 7,,vi7 the burden of reviewing each rule on the reviewing agency2 and 7,,vii7 the need for orderly processing and the timely completion of the sunset reviews of rules in effect on the date of enactment of this ,act4 7#c7 ,grouping of related rules ,the ,administrator shall-- 7,a7 group related rules under paragraph 7#b7 7and designate other rules7 for simultaneous sunset review based upon subject matter similarity1 functional interrelationships1 and other relevant factors to ensure comprehensive and coordinated review of redundant1 overlapping1 and conflicting rules and requirements2 7,b7 ensure simultaneous sunset reviews of covered rules without regard to whether the rules were issued by the same agency2 and 7,c7 designate any other rule for sunset review that is necessary for a comprehensive sunset review whether or not the other rule is otherwise a covered rule4 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 under this ,act to ensure-- 7,a7 uniform1 complete1 and timely sunset reviews2 and 7,b7 notice and opportunity for public comment under section #h7;a74 7#e7 ,review and evaluation of reports ,not later than #ij days after receiving a preliminary report under subsection 7b77#b71 the ,administrator shall-- 7,a7 review and evaluate each preliminary and final report submitted by an agency under paragraphs 7#b7 and 7#c7 of subsection 7b72 and 7,b7 transmit comments to the head of the agency regarding-- 7i7 the quality of the analysis in the report1 including whether the agency has properly applied section #e2 7ii7 the consistency of the proposed action of the agency with actions of other agencies2 and 7iii7 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 ,not less than #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 ,congress on whether to continue without changing1 modifying1 consolidating1 or terminating 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 not less than #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-- 7,a7 consider the public comments and other recommendations generated by the preliminary report under paragraph 7#b7 for a covered rule2 7,b7 consult with the appropriate committees of ,congress before issuing a final report2 and 7,c7 not less than #ij days before the review deadline of the covered rule1 publish in the ,federal ,register1 in accordance with subsection 7c77#b7 or 7d7 of section #h1 and transmit a final report to the ,administrator and the appropriate committees of ,congress4 7#d7 ,open procedures regarding sunset review ,in any sunset review conducted under 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 the review1 which shall be made available1 upon request1 to the public4 7c7 ,effectiveness of agency recommendation ,if a final report under subsection 7b77#c7-- 7#a7 recommends that a covered rule should be continued without change1 the covered rule shall be continued2 and 7#b7 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 agency1 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 subsection 7a7 to the ,administrator4 #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 7,a7 ,in general ,for a significant rule in effect on the date of 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 enactment of this ,act1 as specified by the ,administrator under section #f7;a77#b77;,a74 7,b7 ,other significant rules ,for a significant rule that is not assigned to such a group specified under section #f7;a77#b77;,a7 on the date that is #f months after the date of enactment of this ,act1 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 enactment of this ,act1 the initial review deadline is the last day of the #aj-year period beginning on the date on which the rule takes effect4 7#c7 ,rules covered pursuant to public petition or congressional request ,for a rule subject to sunset review pursuant to a public petition under section #d7;b7 or a congressional request under section #d7;c71 the initial review deadline is the last day of the #c-year period beginning on-- 7,a7 the date on which the agency or ,administrator so designates the rule for sunset 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 the 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 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 on which 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 required under section #f7;b77#a7 for a covered 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 as a result 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 the rule 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 ,federal ,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 the rule2 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 the rule2 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 health1 safety1 or environmental benefits4 7b7 ,preliminary reports on sunset reviews ,the preliminary report required under section #f7;b77#b7 on the sunset review of a covered rule shall contain-- 7#a7 a request for public comments2 7#b7 specific requests for factual findings and recommended legal conclusions regarding the application of section #f to the rule1 the continued need for the rule1 and whether the rule duplicates functions of another rule2 7#c7 a request for comments on whether the rule should be continued without change1 modified1 consolidated with another rule1 or terminated2 and 7#d7 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 7#a7 ,in general ,the final report required under section #f7;b77#c7 on the sunset review of a covered rule shall-- 7,a7 contain the factual findings and legal conclusions of the agency conducting the review regarding the application of section #f to the rule and the proposed recommendation of the agency 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-- 7i7 a notice of proposed rulemaking under section #eec of title #e1 ,united ,states ,code1 or under other statutory rulemaking procedures required for that rule2 and 7ii7 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 subparagraph 7,c77i74 7#b7 ,publication ,a final report under paragraph 7#a77;,b7 shall be published in the ,federal ,register4 7d7 ,rulemaking 7#a7 ,publication ,a final report under subparagraph 7,c7 or 7,d7 of subsection 7c77#a7 shall be published in the ,federal ,register1 which shall constitute publication of the notice required under subsection 7c77#a77;,c77i74 7#b7 ,requirement ,after publication of a final report under subparagraph 7,c7 or 7,d7 of subsection 7c77#a71 the agency that conducted the sunset review of the covered rule shall conduct the rulemaking that is required in the final report4 7e7 ,legislative recommendations ,if the head of an agency determines that a rule in a final report under subparagraph 7,c7 or 7,d7 of subsection 7c77#a7 cannot be changed1 modified1 or consolidated with another rule without legislative action1 the head of the agency shall include in the final report a description of what legislative changes are required to implement the recommendations in the final report with regard to the 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 agency1 who shall-- 7#a7 be responsible for the implementation of this ,act by the agency2 and 7#b7 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 shall be construed to supersede the provisions of chapter #e1 #f1 or #g of title #e1 ,united ,states ,code4 #aa4 ,effect of termination of a covered rule 7a7 ,in general ,except as provided in subsection 7b71 if a covered rule is terminated under 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 effect1 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 ,definition ,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 7#b7 ,effect ,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 #ab4 ,judicial review 7a7 ,public petition ,a denial or substantial inexcusable delay in granting or denying a public petition under section #d7;b7 shall be considered a final agency action subject to review under section #gjb of title #e1 ,united ,states ,code4 7b7 ,congressional request ,a denial of a congressional request under section #d7;c7 shall not be subject to judicial review4 7c7 ,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;b7 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 public petition under section #d7;b71 more than #a year after the period applicable to the rule under section #d7;b77#d74 7d7 ,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 shall be construed to affect the availability or standard of judicial review for agency regulatory action4 #ac4 ,sunset of this act ,this ,act shall have no force or effect after the #aj-year period beginning on the date of enactment of this ,act4