S. 826 — Introduced in Senate

II 114th CONGRESS 1st Session S. 826 IN THE SENATE OF THE UNITED STATES March 19, 2015 Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to sunset rules after 10 years unless agencies undergo notice and comment rulemaking, and for other purposes. 1. Short title This Act may be cited as the Regulatory Examination Vital for Improving and Evaluating Working Solutions Act of 2015 or the REVIEWS Act. 2. Definitions In this Act, the terms agency and rule have the meanings given those terms in section 551 of title 5, United States Code. 3. Regulatory sunset (a) In general Section 553 of title 5, United States Code, is amended by adding at the end the following: (f) Effective date of rules (1) In general Except as provided in paragraph (2), any rule required to be promulgated in accordance with this section shall cease to be effective on the date that is 10 years after the date on which the agency promulgates the rule. (2) Exception The effective period of a rule described in paragraph (1) may be extended for additional periods of not more than 10 years if, before the date on which the rule ceases to be effective, the agency that promulgated the rule complies with the procedures under this section as if the rule were a new rule to be issued by the agency. . (b) Effective date The amendment made under subsection (a) shall apply to a rule promulgated by an agency after the date of enactment of this Act. 4. Enforcement of rules (a) Actions reviewable Section 704 of title 5, United States Code, is amended— (1) by striking Agency action and inserting the following: (a) In general Agency action ; and (2) by adding at the end the following: (b) Clarification of final agency action For purposes of this section, the term final agency action includes interpretative rules, general statements of policy, and rules of agency organization, procedure, or practice issued by an agency. . (b) Review in Court of Appeals Section 2342 of title 28, United States Code, is amended— (1) in paragraph (6), by striking and at the end; (2) in paragraph (7), by striking the period at the end and inserting ; and; and (3) by inserting after paragraph (7) the following new paragraph: (8) all rules of an agency (as defined under section 551 of title 5) that— (A) ceased to be effective under section 553(f) of such title; and (B) the agency continues to enforce. .