[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 994 Reported in House (RH)]

                                                 Union Calendar No. 165

104th CONGRESS

  1st Session

                               H. R. 994

                  [Report No. 104-284, Parts I and II]

_______________________________________________________________________

                                 A BILL

  To require the periodic review and automatic termination of Federal 
                              regulations.

_______________________________________________________________________

                            November 7, 1995

     Reported from the Committee on the Judiciary with an amendment
                                                 Union Calendar No. 165
104th CONGRESS
  1st Session
                                H. R. 994

                  [Report No. 104-284, Parts I and II]

  To require the periodic review and automatic termination of Federal 
                              regulations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 21, 1995

Mr. Chapman (for himself, Mr. Mica, Mr. DeLay, Mr. Deal of Georgia, and 
   Mr. Pete Geren of Texas) introduced the following bill; which was 
 referred to the Committee on Government Reform and Oversight and, in 
    addition, to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

                            October 19, 1995

Reported from the Committee on Government Reform and Oversight with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 19, 1995

Referral to the Committee on the Judiciary extended for a period ending 
                    not later than November 3, 1995

                            October 26, 1995

  The amendment recommended by the Committee on Government Reform and 
  Oversight referred to the Committee on Commerce for a period not to 
 exceed November 3, 1995, for consideration of such provisions of the 
amendment as fall within the jurisdiction of that committee pursuant to 
                          clause 1(e), rule x

                            November 3, 1995

   The Committee on Commerce discharged from further consideration. 
Referral to the Committee on the Judiciary extended for a period ending 
                    not later than November 7, 1995

                            November 7, 1995

  Additional sponsors: Mr. Calvert, Mr. Tanner, Mr. Bentsen, Mr. Gene 
 Green of Texas, Mr. Johnson of South Dakota, Mr. Latham, Mr. Wilson, 
     Mr. Cunningham, Mr. Frost, Mr. Inglis of South Carolina, Mr. 
  Radanovich, Mr. Weller, Mr. Torkildsen, Mr. Canady of Florida, Mr. 
   Ehrlich, Mr. Scarborough, Mr. Zeliff, Mr. Davis, Mr. Shadegg, Mr. 
    Burton of Indiana, Mr. Laughlin, Mr. Hoekstra, Mr. Edwards, Mr. 
   Chambliss, Mr. Hastings of Washington, Mr. Herger, Mr. Royce, Mr. 
   Souder, Mr. Salmon, Mr. Largent, Mr. Brewster, Mr. McIntosh, Mr. 
    Peterson of Minnesota, Mr. McHugh, Mr. Fox of Pennsylvania, Mr. 
 Gutknecht, Mr. Tate, Mr. Condit, Mr. Bono, Mr. Lucas of Oklahoma, Mr. 
    Saxton, Mr. Bartlett of Maryland, Mr. Pickett, and Mr. Underwood

                            November 7, 1995

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 21, 1995]

_______________________________________________________________________

                                 A BILL


 
  To require the periodic review and automatic termination of Federal 
                              regulations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Sunset and Review Act of 
1995''.

SEC. 2. PURPOSE.

    The purposes of this Act are--
            (1) to require agencies to regularly review their 
        significant rules to determine whether they should be continued 
        without change, modified, consolidated with another rule, or 
        allowed to terminate;
            (2) to require agencies to consider the comments of the 
        public, the regulated community, and the Congress regarding the 
        actual costs and burdens of rules being reviewed under this 
        Act, and whether the rules are obsolete, unnecessary, 
        duplicative, conflicting, or otherwise inconsistent;
            (3) to require that any rules continued in effect meet all 
        the legal requirements that would apply to the issuance of a 
        new rule, including any applicable Federal cost/benefit and 
        risk assessment requirements;
            (4) to provide for the automatic termination of significant 
        rules that are not continued in effect as a result of sunset 
        reviews;
            (5) 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 rules; and
            (6) to require the Administrator to coordinate and be 
        responsible for sunset reviews conducted by the agencies.

SEC. 3. REVIEW AND TERMINATION OF REGULATIONS.

    The effectiveness of a covered rule shall terminate on the 
applicable termination date specified in section 7 (a) or (b), unless 
the rule is reviewed in accordance with the procedures in section 6 
before that termination date and complies with section 5.

SEC. 4. RULES COVERED.

    (a) Covered Rules.--For purposes of this Act, a covered rule is a 
rule that--
            (1) is determined by the Administrator to be a significant 
        rule under subsection (b); or
            (2) is any other rule designated by the Administrator under 
        this Act for sunset review.
    (b) Significant Rules.--For purposes of this Act, a significant 
rule is a rule that the Administrator determines--
            (1) has resulted in or is likely to result in an annual 
        effect on the economy of $100,000,000 or more;
            (2) is a major rule, as that term is defined in Executive 
        Order 12291 (as in effect on the first date that Executive 
        order was in effect); or
            (3) was issued pursuant to a significant regulatory action, 
        as that term is defined in Executive Order 12866 (as in effect 
        on the first date that Executive order was in effect).
    (c) Public Petitions.--
            (1) In general.--Any person adversely affected by a rule 
        that is not a significant rule may submit a petition to the 
        Administrator requesting that the Administrator designate the 
        rule for sunset review. The Administrator shall designate the 
        rule for sunset review unless the Administrator determines that 
        it would be unreasonable to conduct a sunset review of the 
        rule. In making such determination, the Administrator shall 
        take into account the number and nature of other petitions 
        received on the same rule, whether or not they have already 
        been denied.
            (2) Form and content of petition.--A petition under 
        paragraph (1)--
                    (A) shall be in writing, but is not otherwise 
                required to be in any particular form;
                    (B) shall identify the rule for which sunset review 
                is requested with reasonable specificity and state on 
                its face that the petition seeks sunset review or a 
                similar review of the rule; and
                    (C) shall be accompanied by a $20 processing fee.
            (3) Response required for noncomplying petitions.--If the 
        Administrator determines that a petition does not meet the 
        requirements of this subsection, the Administrator shall 
        provide a response to the petitioner within 30 days after 
        receiving the petition, notifying the petitioner of the problem 
        and providing information on how to formulate a petition that 
        meets those requirements.
            (4) Decision within 90 days.--Within the 90-day period 
        beginning on the date of receiving a petition that meets the 
        requirements of this subjection, the Administrator shall 
        transmit a response to the petitioner stating whether the 
petition was granted or denied, except that the Administrator may 
extend such period by a total of not more than 30 days.
            (5) Petitions deemed granted for substantial inexcusable 
        delay.--A petition for sunset review of a rule is deemed to 
        have been granted by the Administrator, and the Administrator 
        is deemed to have designated the rule for sunset review, if a 
        court finds there is a substantial and inexcusable delay, 
        beyond the period specified in paragraph (4), in notifying the 
        petitioner of the Administrator's determination to grant or 
        deny the petition.
            (6) Public log.--The Administrator shall maintain a public 
        log of petitions submitted under this subsection, that includes 
        the status or disposition of each petition.
    (d) Congressional Requests.--
            (1) In general.--An appropriate committee of the Congress, 
        or a majority of the majority party members or a majority of 
        nonmajority party members of such a committee, may request in 
        writing that the Administrator designate any rule that is not a 
        significant rule for sunset review. The Administrator shall 
        designate such rule for sunset review within 30 days after 
        receipt of such a request unless the Administrator determines 
        that it would be unreasonable to conduct a sunset review of the 
        rule.
            (2) Notice of denial.--If the Administrator denies a 
        congressional request under this subsection, the Administrator 
        shall transmit to the congressional committee making the 
        request a notice stating the reasons for the denial.
    (e) Publication of Notice of Designation for Sunset Review.--After 
designating a rule under this Act for sunset review, the Administrator 
shall promptly publish a notice of that designation in the Federal 
Register.

SEC. 5. CRITERIA FOR SUNSET REVIEW.

    (a) Compliance With Other Laws.--In order to continue without 
change, modify, or consolidate any rule subject to sunset review, the 
continued, modified, or consolidated rule must be authorized by law and 
meet all applicable requirements that would apply under other laws or 
Executive orders if it were issued as a new rule. For purposes of this 
section, applicable requirements include any requirements for cost/
benefit analysis and any requirements for standardized risk analysis 
and risk assessment.
    (b) Governing Law.--If there is an irreconcilable conflict between 
such applicable requirements and an Act under which a rule was issued, 
the conflict shall be resolved in the same manner as such conflict 
would be resolved if the agency were issuing a new rule.

SEC. 6. SUNSET REVIEW PROCEDURES.

    (a) Functions of the Administrator.--
            (1) Notice of rules subject to review.--
                    (A) Inventory and first list.--Within 6 months 
                after the date of the enactment of this Act, the 
                Administrator shall conduct an inventory of existing 
                rules and publish a first list of covered rules. The 
                list shall--
                            (i) specify the particular group to which 
                        each significant rule is assigned under 
                        paragraph (2), and state the termination date 
                        for all significant rules in each such group; 
                        and
                            (ii) include other rules subject to sunset 
                        review for any other reason, and state the 
                        termination date for each such rule.
                    (B) Subsequent lists.--After publication of the 
                first list under subparagraph (A), the Administrator 
                shall publish an updated list of covered rules at least 
                annually, specifying the termination date for each rule 
                on the list.
            (2) Grouping of significant rules in first list.--
                    (A) Staggered review.--The Administrator shall 
                assign each significant rule in effect on the date of 
                enactment of this Act to one of 4 groups established by 
                the Administrator to permit orderly and prioritized 
                sunset reviews, and specify for each group a 
                termination date in accordance with section 7(a)(1).
                    (B) Prioritizations.--In determining which rules 
                shall be given priority in time in that assignment, the 
                Administrator shall consult with appropriate agencies, 
                and shall prioritize rules based on--
                            (i) the grouping of related rules in 
                        accordance with paragraph (3);
                            (ii) the extent of the cost of each rule on 
                        the regulated community and the public, with 
                        priority in time given to those rules that 
                        impose the greatest cost;
                            (iii) consideration of the views of 
                        regulated persons, including State and local 
                        governments;
                            (iv) whether a particular rule has recently 
                        been subject to cost/benefit analysis and risk 
                        assessment, with priority in time given to 
                        those rules that have not been subject to such 
                        analysis and assessment;
                            (v) whether a particular rule was issued 
                        under a statutory provision that provides 
                        relatively greater discretion to an official in 
                        issuing the rule, with priority in time given 
                        to those rules that were issued under 
                        provisions that provide relatively greater 
                        discretion;
                            (vi) the burden of reviewing each rule on 
                        the reviewing agency; and
                            (vii) the need for orderly processing and 
                        the timely completion of the sunset reviews of 
                        existing rules.
            (3) Grouping of related rules.--The Administrator shall 
        group related rules (and designate other rules) for 
        simultaneous sunset review based upon their subject matter 
        similarity, functional interrelationships, and other relevant 
        factors to ensure comprehensive and coordinated review of 
        redundant, overlapping, and conflicting rules and requirements. 
        The Administrator shall ensure simultaneous sunset reviews of 
        covered rules without regard to whether they were issued by the 
        same agency, 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 Act.
    (d) 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 uniform, 
complete, and timely sunset reviews and to ensure notice and 
opportunity for public comment.
            (5) Review and evaluation of reports.--The Administrator 
        shall review and evaluate each preliminary and final report 
        submitted by the head of an agency pursuant to this section. 
        Within 90 days after receiving a preliminary report, the 
        Administrator shall transmit comments to the head of the agency 
        regarding--
                    (A) the quality of the analysis in the report, 
                including whether the agency has properly applied 
                section 5;
                    (B) the consistency of the agency's proposed action 
                with actions of other agencies; and
                    (C) whether the rule should be continued without 
                change, modified, consolidated with another rule, or 
                allowed to terminate.
    (b) Agency Sunset Review Procedure.--
            (1) Sunset review notice.--At least 2\1/2\ years before the 
        termination date under section 7(a) for a covered rule issued 
        by an agency, the head of the agency shall--
                    (A) publish a sunset review notice in accordance 
                with section 8(a) in the Federal Register and, to the 
                extent reasonable and practicable, in other 
                publications or media that are designed to reach those 
                persons most affected by the covered rule; and
                    (B) request the views of the Administrator and the 
                appropriate committees of the Congress on whether to 
                continue without change, modify, consolidate, or 
                terminate the covered rule.
            (2) Preliminary report.--In reviewing a covered rule, the 
        head of an agency shall--
                    (A) consider public comments and other 
                recommendations generated by a sunset review notice 
                under paragraph (1); and
                    (B) at least 1 year before the termination date 
                under section 7(a) for the covered rule, publish in the 
                Federal Register and transmit to the Administrator and 
                the appropriate committees of the Congress a 
                preliminary report in accordance with section 8(b).
            (3) Final report.--The head of an agency shall consider the 
        public comments and other recommendations generated by the 
        preliminary report under paragraph (2) for a covered rule, and 
        shall consult with the appropriate committees of the Congress 
        before issuing a final report. At least 90 days before the 
        termination date of the covered rule, the head of the agency 
        shall publish in the Federal Register and transmit to the 
        Administrator and the appropriate committees of the Congress a 
        final report in accordance with section 8(c).
    (c) Effectiveness of Agency Recommendation.--If a final report 
under subsection (b)(3) recommends that a covered rule should be 
continued without change, modified, or consolidated with another rule, 
the rule is continued, modified, or consolidated in accordance with the 
recommendation effective 60 days after publication of the final report, 
unless the Administrator or another officer designated by the President 
publishes a notice within that 60-day period stating that the rule 
shall not be so continued without change, modified, or consolidated. 
The Administrator or other officer designated by the President shall 
state in the notice the reasons for such action.
    (d) Reissuance.--If a covered rule terminates for any reason 
pursuant to this Act, it shall not be reissued in substantially the 
same form unless the rule complies with section 5 and the Administrator 
or other officer designated by the President approves the rule.
    (e) Preservation of Independence of Federal Bank Regulatory 
Agencies.--The head of any appropriate Federal banking agency (as that 
term is defined in section 3(q) of the Federal Deposit Insurance Act 
(12 U.S.C. 1813(q)), the Federal Housing Finance Board, the National 
Credit Union Administration, and the Office of Federal Housing 
Enterprise Oversight shall have the authority with respect to that 
agency that would otherwise be granted under subsections (c) and (d) of 
this section, section 7(a)(2)(B), and section 7(c) to the Administrator 
or other officer designated by the President.

SEC. 7. TERMINATION DATES FOR COVERED RULES.

    (a) In General.--For purposes of section 3, the termination date of 
a covered rule is as follows:
            (1) Existing significant rules.--For a significant rule in 
        effect on the date of the enactment of this Act, the initial 
        termination date is the last day of the 4-year, 5-year, 6-year, 
        or 7-year period beginning on the date of the enactment of this 
        Act, as specified by the Administrator under section 
        6(a)(2)(A). For any significant rule that 6 months after the 
        date of enactment is not assigned to such a group 
specified under section 6(a)(2)(A), the initial termination date is the 
last day of the 4-year period beginning on the date of enactment of 
this Act.
            (2) New significant rules.--For a significant rule that 
        first takes effect after the date of the enactment of this Act, 
        the initial termination date is the last day of either--
                    (A) the 3-year period beginning on the date the 
                rule takes effect, or
                    (B) 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 investment, 
                the 7-year period beginning on the date the rule takes 
                effect.
            (3) Rules covered pursuant to public petition or 
        congressional request.--For any rule subject to sunset review 
        pursuant to a public petition under section 4(c) or a 
        congressional request under section 4(d), the initial 
        termination date is the last day of the 3-year period beginning 
        on--
                    (A) the date the Administrator so designates the 
                rule for review; or
                    (B) the date of issuance of a final court order 
                that the Administrator is deemed to have designated the 
                rule for sunset review.
            (4) Related rule designated for review.--For a rule that 
        the Administrator designates under section 6(a)(3) for sunset 
        review because it is related to another covered rule and that 
        is grouped with that other rule for simultaneous review, the 
        initial termination date is the same as the termination date 
        for that other rule.
            (5) Rules extended in effectiveness.--For a rule the 
        effectiveness of which has been extended under section 3, the 
        next termination date is the last day of the 7-year period 
        beginning on the date the rule would have terminated under 
        section 3 if it had not been extended.
    (b) Temporary Extension.--The termination date under subsection (a) 
for a covered rule may be extended by the Administrator for not more 
than 6 months by publishing notice thereof in the Federal Register that 
describes--
            (1) modifications that should be made to the rule and the 
        reasons why the modifications cannot be made by the original 
        termination date; or
            (2) reasons why the temporary extension is necessary to 
        respond to or prevent an emergency situation.
    (c) Limitation on Interim Reviews.--An agency may not undertake a 
comprehensive review and significant revision of a covered rule more 
frequently than required by this section or another law, unless the 
head of the agency determines, and the Administrator concurs, that the 
likely benefits from such review and revision outweigh the reasonable 
expenditures that have been made in reliance on the rule. For purposes 
of this section, a law may be considered to require a comprehensive 
review and significant revision of a rule if it makes significant 
changes in the Act under which the rule was issued.
    (d) Determinations Where Rules Have Been Amended.--For purposes of 
this Act, if various provisions of a covered rule were issued at 
different times, then the rule as a whole shall be treated as if it 
were issued on the later of--
            (1) the date of issuance of the provision of the rule that 
        was issued first; or
            (2) the date the most recent comprehensive review and 
        significant revision of the rule was completed.
    (e) Comprehensive Review and Significant Revision Defined.--In this 
section, the term ``comprehensive review and significant revision'' 
means--
            (1) a sunset review, whether or not the rule is revised; or
            (2) a review and revision of a rule consistent with 
        subsection (c).

SEC. 8. SUNSET REVIEW NOTICES AND AGENCY REPORTS.

    (a) Sunset Review Notices.--The sunset review notice under section 
6(b)(1) for a rule shall--
            (1) request comments regarding whether the rule should be 
        continued without change, modified, consolidated with another 
        rule, or allowed to terminate;
            (2) if applicable, request comments regarding whether the 
        rule meets the applicable Federal cost/benefit and risk 
        assessment criteria; and
            (3) solicit comments about the past implementation and 
        effects of the rule, including--
                    (A) the direct and indirect costs incurred because 
                of the rule, including the net reduction in the value 
                of private property (whether real, personal, tangible, 
                or intangible), and whether the incremental benefits of 
                the rule exceeded the incremental costs of the rule, 
                both generally and regarding each of the specific 
                industries and sectors it covers;
                    (B) whether the rule as a whole, or any major 
                feature of it, is outdated, obsolete, or unnecessary, 
                whether by change of technology, the marketplace, or 
                otherwise;
                    (C) the extent to which the rule or information 
                required to comply with the rule duplicated, 
                conflicted, or overlapped with requirements under rules 
                of other agencies;
                    (D) in the case of a rule addressing a risk to 
                health or safety or the environment, what the perceived 
                risk was at the time of issuance and to what extent the 
                risk predictions were accurate;
                    (E) whether the rule unnecessarily impeded domestic 
                or international competition or unnecessarily intruded 
                on free market forces, and whether the rule 
                unnecessarily interfered with opportunities or efforts 
                to transfer to the private sector duties carried out by 
                the Government;
                    (F) whether, and to what extent, the rule imposed 
                unfunded mandates on, or otherwise affected, State and 
                local governments;
                    (G) whether compliance with the rule required 
                substantial capital investment and whether terminating 
                the rule on that next termination date would create an 
                unfair advantage to those who are not in compliance 
                with it;
                    (H) whether the rule constituted the least cost 
                method of achieving its objective consistent with the 
                criteria of the Act under which the rule was issued, 
                and to what extent the rule provided flexibility to 
                those who were subject to it;
                    (I) whether the rule was worded simply and clearly, 
                including clear identification of those who were 
                subject to the rule;
                    (J) whether the rule created negative unintended 
                consequences;
                    (K) the extent to which information requirements 
                under the rule can be reduced; and
                    (L) the extent to which the rule has contributed 
                positive benefits, particularly health or safely or 
                environmental benefits.
    (b) Preliminary Reports on Sunset Reviews.--The preliminary report 
under section 6(b)(2) on the sunset review of a rule shall request 
public comments and contain--
            (1) specific factual findings and legal conclusions of the 
        head of the agency conducting the review regarding the 
        application of section 5 to the rule, the continued need for 
the rule, and whether the rule duplicates functions of another rule;
            (2) a preliminary determination on whether the rule should 
        be continued without change, modified, consolidated with 
        another rule, or allowed to terminate; and
            (3) if consolidation or modification of the rule is 
        recommended, the proposed text of the consolidated or modified 
        rule and other relevant information required by law in a notice 
        of proposed rulemaking.
    (c) Final Reports on Sunset Reviews.--The final report under 
section 6(b)(3) on the sunset review of a rule shall contain--
            (1) the final factual findings and legal conclusions of the 
        head of the agency conducting the review regarding the 
        application of section 5 to the rule and whether the rule 
        should be continued without change, modified, consolidated with 
        another rule, or allowed to terminate; and
            (2) in the case of a rule that is continued without change, 
        modified, or consolidated with another rule, the text of the 
        rule.

SEC. 9. 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 agency. 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 responsibility.

SEC. 10. RELATIONSHIP TO OTHER LAW; SEVERABILITY.

    (a) Relationship to APA.--Except to the extent that there is a 
direct conflict with the provisions of this Act, nothing in this Act is 
intended to supersede the provisions of chapters 5, 6, and 7 of title 
5, United States Code.
    (b) Severability.--If any provision of this Act, or the application 
of any provision of this Act to any person or circumstance, is held 
invalid, the application of such provision to other persons or 
circumstances, and the remainder of this Act, shall not be affected 
thereby.

SEC. 11. EFFECT OF TERMINATION OF A COVERED RULE.

    (a) Effect of Termination, Generally.--If the effectiveness of a 
covered rule terminates under section 3--
            (1) 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 issued;
            (2) in an agency proceeding or court action between an 
        agency and a non-agency party, the rule shall be given no legal 
        effect (subject to paragraph (3)) except at the request of the 
        non-agency party; and
            (3) notwithstanding section 3, 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 terminated.
    (b) Effect of Deadlines.--
            (1) In general.--Notwithstanding subsection (a), any 
        deadline for, relating to, or involving any action dependent 
        upon, any rule terminated under this Act is suspended until the 
        agency that issued the rule issues a new rule on the same 
        matter, unless otherwise provided by a law.
            (2) Deadline defined.--In this subsection, the term 
        ``deadline'' means any date certain for fulfilling any 
        obligation or exercising any authority established by or under 
        any Federal rule, or by or under any court order implementing 
        any Federal rule.

SEC. 12. JUDICIAL REVIEW.

    (a) In General.--A denial or substantial inexcusable delay in 
granting or denying a petition under section 4(c) shall be considered 
final agency action. A denial of a congressional request under section 
4(d) shall not be subject to judicial review.
    (b) Time Limitation of Filing a Civil Action.--Notwithstanding any 
other provisions of law, an action seeking judicial review of a final 
agency action under this Act may not be brought--
            (1) in the case of a final agency action denying a public 
        petition under section 4(c) or continuing without change, 
        modifying, or consolidating a covered rule, more than 30 days 
        after the effective date of that agency action; or
            (2) in the case of an action challenging a delay in 
        granting or denying a petition for a rule under section 4(c), 
        more than 1 year after the period applicable to the rule under 
        section 4(c)(4).
    (c) Availability of Judicial Review Unaffected.--Except to the 
extent that there is a direct conflict with the provisions of this Act, 
nothing in this Act is intended to affect the availability or standard 
of judicial review for agency regulatory action.

SEC. 13. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Information and Regulatory 
        Affairs in the Office of Management and Budget.
            (2) Agency.--The term ``agency'' has the meaning given that 
        term in section 551(1) of title 5, United States Code.
            (3) Appropriate committee of the congress.--The term 
        ``appropriate committee of the Congress'' means, with respect 
        to a rule, 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 issued.
            (4) Rule.--
                    (A) General rule.--Subject to subparagraph (B), the 
                term ``rule'' means any agency statement of general 
                applicability and future effect, including agency 
                guidance documents, designed to implement, interpret, 
                or prescribe law or policy, or describing the 
                procedures or practices of an agency, or intended to 
                assist in such actions, but does not include--
                            (i) regulations or other agency statements 
                        issued in accordance with formal rulemaking 
                        provisions of section 556 and 557 of title 5, 
                        United States Code;
                            (ii) regulations or other agency statements 
                        that are limited to agency organization, 
                        management, or personnel matters;
                            (iii) regulations or other agency 
                        statements issued with respect to a military or 
                        foreign affairs function of the United States;
                            (iv) regulations, statements, or other 
                        agency actions that are reviewed and usually 
                        modified each year (or more frequently), or are 
                        reviewed regularly and usually modified based 
                        on changing economic or seasonal conditions;
                            (v) regulations or other agency actions 
                        that grant an approval, license, permit, 
                        registration, or similar authority or that 
                        grant or recognize an exemption or relieve a 
                        restriction, or any agency action necessary to 
                        permit new or improved applications of 
                        technology or to allow the manufacture, 
                        distribution, sale, or use of a substance or 
                        product; and
                            (vi) regulations or other agency statements 
                        that the Administrator certifies in writing are 
                        necessary for the enforcement of the Federal 
                        criminal laws.
                    (B) Scope of a rule.--For purposes of this Act, 
                each set of rules designated in the Code of Federal 
                Regulations as a part shall be treated as one rule. 
                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 rule.
            (5) Sunset review.--The term ``sunset review'' means a 
        review of a rule under this Act.

SEC. 14. SUNSET OF THIS ACT.

    This Act shall have no force or effect after the 10-year period 
beginning on the date of the enactment of this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Sunset and Review Act of 
1995''.

SEC. 2. PURPOSE.

    The purposes of this Act are--
            (1) to require agencies to regularly review their 
        significant rules to determine whether they should be continued 
        without change, modified, consolidated with another rule, or 
        terminated;
            (2) to require agencies to consider the comments of the 
        public, the regulated community, and the Congress regarding the 
        actual costs and burdens of rules being reviewed under this 
        Act, and whether the rules are obsolete, unnecessary, 
        duplicative, conflicting, or otherwise inconsistent;
            (3) 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 rule, including any applicable Federal 
        cost/benefit and risk assessment requirements;
            (4) 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 5 and 7 of title 5, United States Code;
            (5) 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 rules; and
            (6) to require the Administrator to coordinate and be 
        responsible for sunset reviews conducted by the agencies.

SEC. 3. REVIEW OF REGULATIONS.

    A covered rule shall be subject to review in accordance with this 
Act. Upon completion of such review, the agency which has jurisdiction 
over such rule shall--
            (1) issue a final report under section 8(c)(2) continuing 
        such rule, or
            (2) conduct a rulemaking in accordance with section 8(d) to 
        modify, consolidate with another rule, or terminate such rule.

SEC. 4. RULES COVERED.

    (a) Covered Rules.--For purposes of this Act, a covered rule is a 
rule that--
            (1) is determined by the Administrator to be a significant 
        rule under subsection (b); or
            (2) is any other rule designated by the agency which has 
        jurisdiction over such rule or the Administrator under this Act 
        for sunset review.
    (b) Significant Rules.--For purposes of this Act, a significant 
rule is a rule that the Administrator determines--
            (1) has resulted in or is likely to result in an annual 
        effect on the economy of $100,000,000 or more;
            (2) is a major rule, as that term is defined in Executive 
        Order 12291 (as in effect on the first date that Executive 
        order was in effect); or
            (3) was issued pursuant to a significant regulatory action, 
        as that term is defined in Executive Order 12866 (as in effect 
        on the first date that Executive order was in effect).
    (c) Public Petitions.--
            (1) 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 review. 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 rule. In making such 
        determination, such agency shall take into account the number 
        and nature of other petitions received on the same rule, 
        whether or not they have already been denied.
            (2) Form and content of petition.--A petition under 
        paragraph (1)--
                    (A) shall be in writing, but is not otherwise 
                required to be in any particular form;
                    (B) 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 
                rule; and
                    (C) shall be accompanied by a $20 processing fee.
            (3) Response required for noncomplying petitions.--If such 
        agency determines that a petition does not meet the 
        requirements of this subsection, such agency shall provide a 
        response to the petitioner within 30 days after receiving the 
        petition, notifying the petitioner of the problem and providing 
        information on how to formulate a petition that meets those 
        requirements.
            (4) Decision within 90 days.--Within the 90-day period 
        beginning on the date of receiving a petition that meets the 
        requirements of this subsection, such agency shall transmit a 
        response to the petitioner stating whether the petition was 
        granted or denied, except that such agency may extend such 
        period by a total of not more than 30 days.
            (5) Petitions deemed granted for substantial inexcusable 
        delay.--A petition for sunset review of a rule is deemed to 
        have been granted by such agency, and such agency is deemed to 
        have designated the rule for sunset review, if a court finds 
        there is a substantial and inexcusable delay, beyond the period 
        specified in paragraph (4), in notifying the petitioner of such 
        agency's determination to grant or deny the petition.
            (6) Public log.--Such agency shall maintain a public log of 
        petitions submitted under this subsection, that includes the 
status or disposition of each petition.
    (d) Congressional Requests.--
            (1) In general.--An appropriate committee of the Congress, 
        or a majority of the majority party members or a majority of 
        nonmajority party members of such a committee, may request in 
        writing that the Administrator designate any rule that is not a 
        significant rule for sunset review. The Administrator shall 
        designate such rule for sunset review within 30 days after 
        receipt of such a request unless the Administrator determines 
        that it would not be in the public interest to conduct a sunset 
        review of such rule.
            (2) Notice of denial.--If the Administrator denies a 
        congressional request under this subsection, the Administrator 
        shall transmit to the congressional committee making the 
        request a notice stating the reasons for the denial.
    (e) Publication of Notice of Designation for Sunset Review.--After 
designating a rule under subsection (c) or (d) for sunset review, the 
agency or the Administrator shall promptly publish a notice of that 
designation in the Federal Register.

SEC. 5. CRITERIA FOR SUNSET REVIEW.

    (a) 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 Act, 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 553 of title 5, United States 
Code, or other statutory rulemaking procedures required for that rule. 
For purposes of this section, the term ``applicable requirements'' 
includes any requirement for cost-benefit analysis and any requirement 
for standardized risk analysis and risk assessment.
    (b) Governing Law.--If there is a conflict between such applicable 
requirements and an Act under which a rule was issued, the conflict 
shall be resolved in the same manner as such conflict would be resolved 
if the agency were issuing a new rule.

SEC. 6. SUNSET REVIEW PROCEDURES.

    (a) Functions of the Administrator.--
            (1) Notice of rules subject to review.--
                    (A) Inventory and first list.--Within 6 months 
                after the date of the enactment of this Act, the 
                Administrator shall conduct an inventory of existing 
                rules and publish a first list of covered rules. The 
                list shall--
                            (i) specify the particular group to which 
                        each significant rule is assigned under 
                        paragraph (2), and state the review deadline 
                        for all significant rules in each such group; 
                        and
                            (ii) include other rules subject to sunset 
                        review for any other reason, and state the 
                        review deadline for each such rule.
                    (B) Subsequent lists.--After publication of the 
                first list under subparagraph (A), the Administrator 
                shall publish an updated list of covered rules at least 
                annually, specifying the review deadline for each rule 
on the list.
            (2) Grouping of significant rules in first list.--
                    (A) Staggered review.--The Administrator shall 
                assign each significant rule in effect on the date of 
                enactment of this Act to one of 4 groups established by 
                the Administrator to permit orderly and prioritized 
                sunset reviews, and specify for each group an initial 
                review deadline in accordance with section 7(a)(1).
                    (B) Prioritizations.--In determining which rules 
                shall be given priority in time in that assignment, the 
                Administrator shall consult with appropriate agencies, 
                and shall prioritize rule based on--
                            (i) the grouping of related rules in 
                        accordance with paragraph (3);
                            (ii) the extent of the cost of each rule 
                        and on the regulated community and the public, 
                        with priority in time given to those rules that 
                        impose the greatest cost;
                            (iii) consideration of the views of 
                        regulated persons, including State and local 
                        governments;
                            (iv) whether a particular rule has recently 
                        been subject to cost/benefit analysis and risk 
                        assessment, with priority in time given to 
                        those rules that have not been subject to such 
                        analysis and assessment;
                            (v) whether a particular rule was issued 
                        under a statutory provision that provides 
                        relatively greater discretion to an official in 
                        issuing the rule, with priority in time given 
                        to those rules that were issued under 
                        provisions that provide relatively greater 
                        discretion;
                            (vi) the burden of reviewing each rule on 
                        the reviewing agency; and
                            (vii) the need for orderly processing and 
                        the timely completion of the sunset reviews of 
                        existing rules.
            (3) Grouping of related rules.--Administrator shall group 
        related rules under paragraph (2) (and designate other rules) 
        for simultaneous sunset review based upon their subject matter 
        similarity, functional interrelationships, and other relevant 
        factors to ensure comprehensive and coordinated review of 
        redundant, overlapping, and conflicting rules and requirements. 
        The Administrator shall ensure simultaneous sunset reviews of 
        covered rules without regard to whether they were issued by the 
        same agency, 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 Act.
            (4) 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 uniform, complete, and timely sunset reviews and to 
ensure notice and opportunity for public comment consistent with 
section 8.
            (5) Review and evaluation of reports.--The Administrator 
        shall review and evaluate each preliminary and final report 
        submitted by the agency pursuant to this section. Within 90 
        days after receiving a preliminary report, the Administrator 
        shall transmit comments to the head of the agency regarding--
                    (A) the quality of the analysis in the report, 
                including whether the agency has properly applied 
                section 5;
                    (B) the consistency of the agency's proposed action 
                with actions of other agencies; and
                    (C) whether the rule should be continued without 
                change, modified, consolidated with another rule, or 
                terminated.
    (b) Agency Sunset Review Procedure.--
            (1) Sunset review notice.--At least 2\1/2\ years before the 
        review deadline under section 7(a) for a covered rule issued by 
        an agency, the agency shall--
                    (A) publish a sunset review notice in accordance 
                with section 8(a) in the Federal Register and, to the 
                extent reasonable and practicable, in other 
                publications or media that are designed to reach those 
                persons most affected by the covered rule; and
                    (B) request the views of the Administrator and the 
                appropriate committees of the Congress on whether to 
                continue without change, modify, consolidate, or 
                terminate the covered rule.
            (2) Preliminary report.--In reviewing a covered rule, the 
        agency shall--
                    (A) consider public comments and other 
                recommendations generated by a sunset review notice 
                under paragraph (1); and
                    (B) at least 1 year before the review deadline 
                under section 7(a) for the covered rule, publish in the 
                Federal Register, in accordance with section 8(b), and 
                transmit to the Administrator and the appropriate 
                committees of the Congress a preliminary report.
            (3) Final report.--The agency shall consider the public 
        comments and other recommendations generated by the preliminary 
        report under paragraph (2) for a covered rule, and shall 
        consult with the appropriate committees of the Congress before 
        issuing a final report. At least 90 days before the review 
        deadline of the covered rule, the agency shall publish in the 
        Federal Register, in accordance with section 8(c)(2) or 8(d), 
        and transmit a final report to the Administrator and the 
        appropriate committees of the Congress.
            (4) Open procedures regarding sunset review.--In any sunset 
        review conducted pursuant to this Act, 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 review. The written record 
of such contact shall be made available, upon request, to the public.
    (c) Effectiveness of Agency Recommendation.--If a final report 
under subsection (b)(3) recommends that a covered rule should be 
continued without change, the covered rule shall be continued. If a 
final report under subsection (b)(3) recommends that a covered rule 
should be modified, consolidated with another rule, or terminated, the 
rule may be modified, so consolidated, or terminated in accordance with 
section 8(d).
    (d) Preservation of Independence of Federal Bank Regulatory 
Agencies.--The head of any appropriate Federal banking agency (as that 
term is defined in section 3(q) of the Federal Deposit Insurance Act 
(12 U.S.C. 1813(q)), the Federal Housing Finance Board, the National 
Credit Union Administration, and the Office of Federal Housing 
Enterprise Oversight shall have the authority with respect to that 
agency that would otherwise be granted under section 7(a)(2)(B) to the 
Administrator or other officer designated by the President.

SEC. 7. REVIEW DEADLINES FOR COVERED RULES.

    (a) In General.--For purposes of this Act, the review deadline of a 
covered rule is as follows:
            (1) Existing significant rules.--For a significant rule in 
        effect on the date of the enactment of this Act, the initial 
        review deadline is the last day of the 4-year, 5-year, 6-year, 
        or 7-year period beginning on the date of the enactment of this 
        Act, as specified by the Administrator under section 
        6(a)(2)(A). For any significant rule that 6 months after the 
        date of enactment is not assigned to such a group specified 
        under section 6(a)(2)(A), the initial review deadline is the 
        last day of the 4-year period beginning on the date of 
        enactment of this Act.
            (2) New significant rules.--For a significant rule that 
        first takes effect after the date of the enactment of this Act, 
        the initial review deadline is the last day of either--
                    (A) the 3-year period beginning on the date the 
                rule takes effect, or
                    (B) 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 investment, 
                the 7-year period beginning on the date the rule takes 
                effect.
            (3) Rules covered pursuant to public petition or 
        congressional request.--For any rule subject to sunset review 
        pursuant to a public petition under section 4(c) or a 
        congressional request under section 4(d), the initial review 
        deadline is the last day of the 3-year period beginning on--
                    (A) the date the agency or Administrator so 
                designates the rule for review; or
                    (B) the date of issuance of a final court order 
                that the agency is deemed to have designated the rule 
                for sunset review.
            (4) Related rule designated for review.--For a rule that 
        the Administrator designates under section 6(a)(3) for sunset 
        review because it is related to another covered rule and that 
        is grouped with that other rule for simultaneous review, the 
        initial review deadline is the same as the review deadline for 
        that other rule.
    (b) Temporary Extension.--The review deadline under subsection (a) 
for a covered rule may be extended by the Administrator for not more 
than 6 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 situation.
    (c) Determinations Where Rules Have Been Amended.--For purposes of 
this Act, if various provisions of a covered rule were issued at 
different times, then the rule as a whole shall be treated as if it 
were issued on the later of--
            (1) the date of issuance of the provision of the rule that 
        was issued first; or
            (2) the date the most recent review and revision of the 
        rule under this Act was completed.

SEC. 8. SUNSET REVIEW NOTICES AND AGENCY REPORTS.

    (a) Sunset Review Notices.--The sunset review notice under section 
6(b)(1) for a rule shall--
            (1) request comments regarding whether the rule should be 
        continued without change, modified, consolidated with another 
        rule, or terminated;
            (2) if applicable, request comments regarding whether the 
        rule meets the applicable Federal cost/benefit and risk 
        assessment criteria; and
            (3) solicit comments about the past implementation and 
        effects of the rule, including--
                    (A) the direct and indirect costs incurred because 
                of the rule, including the net reduction in the value 
                of private property (whether real, personal, tangible, 
                or intangible), and whether the incremental benefits of 
                the rule exceeded the incremental costs of the rule, 
                both generally and regarding each of the specific 
                industries and sectors it covers;
                    (B) whether the rule as a whole, or any major 
                feature of it, is outdated, obsolete, or unnecessary, 
                whether by change of technology, the marketplace, or 
                otherwise;
                    (C) the extent to which the rule or information 
                required to comply with the rule duplicated, 
                conflicted, or overlapped with requirements under rules 
                of other agencies;
                    (D) in the case of a rule addressing a risk to 
                health or safety or the environment, what the perceived 
                risk was at the time of issuance and to what extent the 
                risk predictions were accurate;
                    (E) whether the rule unnecessarily impeded domestic 
                or international competition or unnecessarily intruded 
                on free market forces, and whether the rule 
                unnecessarily interfered with opportunities or efforts 
                to transfer to the private sector duties carried out by 
                the Government;
                    (F) whether, and to what extent, the rule imposed 
                unfunded mandates on, or otherwise affected, State and 
                local governments;
                    (G) 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 it;
                    (H) whether the rule constituted the least cost 
                method of achieving its objective consistent with the 
                criteria of the Act under which the rule was issued, 
                and to what extent the rule provided flexibility to 
                those who were subject to it;
                    (I) whether the rule was worded simply and clearly, 
                including clear identification of those who were 
                subject to the rule;
                    (J) whether the rule created negative unintended 
                consequences;
                    (K) the extent to which information requirements 
                under the rule can be reduced; and
                    (L) the extent to which the rule has contributed 
                positive benefits, particularly health or safety or 
                environmental benefits.
    (b) Preliminary Reports on Sunset Reviews.--The preliminary report 
under section 6(b)(2) on the sunset review of a rule shall request 
public comments and contain--
            (1) specific requests for factual findings and recommended 
        legal conclusions regarding the application of section 5 to the 
        rule, the continued need for the rule, and whether the rule 
        duplicates functions of another rule;
            (2) a request for comments on whether the rule should be 
        continued without change, modified, consolidated with another 
        rule, or terminated; and
            (3) if consolidation or modification of the rule is 
        recommended, suggestions for the proposed text of the 
        consolidated or modified rule.
    (c) Final Reports on Sunset Reviews.--The report under section 
6(b)(3) on the sunset review of a rule shall--
            (1) contain the factual findings and legal conclusions of 
        the agency conducting the review regarding the application of 
        section 5 to the rule and the agency's proposed recommendation 
        as to whether the rule should be continued without change, 
        modified, consolidated with another rule, or terminated;
            (2) on the case of a rule that the agency proposes to 
        continue without change, so state;
            (3) in the case of a rule that the agency proposes to 
        modify or consolidate with another rule, contain--
                    (A) a notice of proposed rulemaking under section 
                553 of title 5, United States Code or under other 
                statutory rulemaking procedures required for that rule, 
                and
                    (B) the text of the rule as so modified or 
                consolidated; and
            (4) in the case of a rule that the agency proposes to 
        terminate, contain a notice of proposed rulemaking for 
        termination consistent with paragraph (3)(A).
A final report described in paragraph (2) shall be published in the 
Federal Register.
    (d) Rulemaking.--The final report under subsection (c)(3) or (c)(4) 
shall be published in the Federal Register and its publication shall 
constitute publication of the notice required by subsection (c)(3)(A). 
After publication of the final report under subsection (c)(3) or (c)(4) 
on a sunset review of a rule, the agency which conducted such review 
shall conduct the rulemaking which is called for in such report.

SEC. 9. 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 agency. 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 responsibility.

SEC. 10. RELATIONSHIP TO OTHER LAW; SEVERABILITY.

    (a) Relationship to APA.--Nothing in this Act is intended to 
supersede the provisions of chapters 5, 6, and 7 of title 5, United 
States Code.
    (b) Severability.--If any provision of this Act, or the application 
of any provision of this Act to any person or circumstance, is held 
invalid, the application of such provision to other persons or 
circumstances, and the remainder of this Act, shall not be affected 
thereby.

SEC. 11. EFFECT OF TERMINATION OF A COVERED RULE.

    (a) Effect of Termination, Generally.--If a covered rule is 
terminated pursuant to this Act--
            (1) 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 issued;
            (2) in an agency proceeding or court action between an 
        agency and a non-agency party, the rule shall be given no 
        conclusive legal effect but may be submitted as evidence of 
        prior agency practice and procedure; and
            (3) 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 terminated.
    (b) Effect on Deadlines.--
            (1) In general.--Notwithstanding subsection (a), any 
        deadline for, relating to, or involving any action dependent 
        upon, any rule terminated under this Act is suspended until the 
        agency that issued the rule issues a new rule on the same 
        matter, unless otherwise provided by a law.
            (2) Deadline defined.--In this subsection, the term 
        ``deadline'' means any date certain for fulfilling any 
        obligation or exercising any authority established by or under 
        any Federal rule, or by or under any court order implementing 
        any Federal rule.

SEC. 12. JUDICIAL REVIEW.

    (a) In General.--A denial or substantial inexcusable delay in 
granting or denying a petition under section 4(c) shall be considered 
final agency action subject to review under section 702 of title 5, 
United States Code. A denial of a congressional request under section 
4(d) shall not be subject to judicial review.
    (b) Time Limitation on Filing a Civil Action.--Notwithstanding any 
other provisions of law, an action seeking judicial review of a final 
agency action under this Act may not be brought--
            (1) in the case of a final agency action denying a public 
        petition under section 4(c) or continuing without change, 
        modifying, consolidating, or terminating a covered rule, more 
        than 30 days after the date of that agency action; or
            (2) in the case of an action challenging a delay in 
        deciding on a petition for a rule under section 4(c), more than 
1 year after the period applicable to the rule under section 4(c)(4).
    (c) Availability of Judicial Review Unaffected.--Except to the 
extent that there is a direct conflict with the provisions of this Act, 
nothing in this Act is intended to affect the availability or standard 
of judicial review for agency regulatory action.

SEC. 13. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Information and Regulatory 
        Affairs in the Office of Management and Budget.
            (2) Agency.--The term ``agency'' has the meaning given that 
        term in section 551(1) of title 5, United States Code.
            (3) Appropriate committee of the congress.--The term 
        ``appropriate committee of the Congress'' means, with respect 
        to a rule, 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 issued.
            (4) Rule.--
                    (A) General rule.--Subject to subparagraph (B), the 
                term ``rule'' means any agency statement of general 
                applicability and future effect, including agency 
                guidance documents, designed to implement, interpret, 
                or prescribe law or policy, or describing the 
                procedures or practices of an agency, or intended to 
                assist in such actions, but does not include--
                            (i) regulations or other agency statements 
                        issued in accordance with formal rulemaking 
                        provisions of sections 556 and 557 of title 5, 
                        United States Code, or in accordance with other 
                        statutory formal rulemaking procedures required 
                        for such regulations or statements;
                            (ii) regulations or other agency statements 
                        that are limited to agency organization, 
                        management, or personnel matters;
                            (iii) regulations or other agency 
                        statements issued with respect to a military or 
                        foreign affairs function of the United States;
                            (iv) regulations, statements, or other 
                        agency actions that are reviewed and usually 
                        modified each year (or more frequently), or are 
                        reviewed regularly and usually modified based 
                        on changing economic or seasonal conditions;
                            (v) regulations or other agency actions 
                        that grant an approval, license, permit, 
                        registration, or similar authority or that 
                        grant or recognize an exemption or relieve a 
                        restriction, or any agency action necessary to 
                        permit new or improved applications of 
                        technology or to allow the manufacture, 
                        distribution, sale, or use of a substance or 
                        product; and
                            (vi) regulations or other agency statements 
                        that the Administrator certifies in writing are 
                        necessary for the enforcement of the Federal 
                        criminal laws.
                    (B) Scope of a rule.--For purposes of this Act, 
                each set of rules designated in the Code of Federal 
                Regulations as a part shall be treated as one rule. 
                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 rule.
            (5) Sunset review.--The term ``sunset review'' means a 
        review of the rule under this Act.

SEC. 14. SUNSET OF THIS ACT.

    This Act shall have no force or effect after the 10-year period 
beginning on the date of the enactment of this Act.
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