[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3068 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3068

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2011

 Mr. Hultgren introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, 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

_______________________________________________________________________

                                 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 
2011''.

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; 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 and 
        whether or not such petitions have 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; and
                    (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.
            (3) Response required for noncomplying petitions.--If an 
        agency determines that a petition does not meet the 
        requirements of this subsection, the 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, the agency shall transmit a 
        response to the petitioner stating whether the petition was 
        granted or denied, except that the 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 an 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 the 
        agency's determination to grant or deny the petition.
            (6) Public log.--Each 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 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 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 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.--The 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 30 months 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) in 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.
    (e) Legislative Recommendations.--In any case in which the head of 
an agency determines that a rule in a final report under subsection 
(c)(3) or (c)(4) cannot be changed, modified, or consolidated with 
another rule without legislative action, such head shall include in 
such final report a description of what legislative changes are 
required to implement the recommendations in such final report with 
regard to such 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 THE ADMINISTRATIVE PROCEDURE ACT.

    Nothing in this Act is intended to supersede the provisions of 
chapters 5, 6, and 7 of title 5, United States Code.

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) Major rule.--The term ``major rule'' means any rule 
        that the Administrator of the Office of Information and 
        Regulatory Affairs in the Office of Management and Budget finds 
        has resulted in or is likely to result in--
                    (A) an annual effect on the economy of $100,000,000 
                or more;
                    (B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    (C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.
            (5) 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.
            (6) 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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