[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1067 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1067

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2015

   Mr. Blunt (for himself, Mr. Roberts, Mr. Tillis, and Mr. Heller) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To require the periodic review and automatic termination of Federal 
                              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 Review and Sunset Act of 
2015''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to require agencies to regularly review significant 
        rules to determine whether the rules 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 Congress regarding the 
        actual costs and burdens of rules 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 of 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 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 agencies.

SEC. 3. 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 congress.--The term 
        ``appropriate committee of 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) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency'' has the meaning given 
        that term in section 3(q) of the Federal Deposit Insurance Act 
        (12 U.S.C. 1813(q)).
            (5) Covered rule.--The term ``covered rule'' means a rule 
        that--
                    (A) is determined by the Administrator to be a 
                significant rule; or
                    (B) is any other rule designated by an agency or 
                the Administrator for sunset review under this Act.
            (6) Major rule.--The term ``major rule'' means any rule 
        that the Administrator 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 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.
            (7) Rule.--The term ``rule''--
                    (A) means--
                            (i) 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; and
                            (ii) each set of rules--
                                    (I) designated in the Code of 
                                Federal Regulations as a part; and
                                    (II) that do not appear in the Code 
                                of Federal Regulations and are 
                                comparable to a part of that Code under 
                                guidelines established by the 
                                Administrator; and
                    (B) does not include--
                            (i) regulations or other agency 
                        statements--
                                    (I) 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) that are limited to agency 
                                organization, management, or personnel 
                                matters;
                                    (III) issued with respect to a 
                                military or foreign affairs function of 
                                the United States; or
                                    (IV) that the Administrator 
                                certifies in writing are necessary for 
                                the enforcement of the Federal criminal 
                                laws;
                            (ii) 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; or
                            (iii) 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.
            (8) Significant rule.--The term ``significant rule'' means 
        a rule that the Administrator determines--
                    (A) has resulted in or is likely to result in an 
                annual effect on the economy of $100,000,000 or more;
                    (B) is a major rule; or
                    (C) was issued pursuant to a significant regulatory 
                action, as that term is defined in Executive Order 
                12866 (5 U.S.C. 601 note; relating to regulatory 
                planning and review), as in effect on September 30, 
                1993.
            (9) Sunset review.--The term ``sunset review'' means a 
        review of a rule under this Act.

SEC. 4. DESIGNATION OF RULES FOR SUNSET REVIEW.

    (a) Covered Rules.--A covered rule shall be subject to sunset 
review in accordance with this Act.
    (b) 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 that has jurisdiction over the rule requesting that the 
        agency designate the rule for sunset review, which shall--
                    (A) be in writing, but is not otherwise required to 
                be in any particular form; and
                    (B) 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.
            (2) Response required for noncomplying petitions.--If an 
        agency determines that a petition submitted under paragraph (1) 
        does not meet the requirements of this subsection, the agency 
        shall provide a response to the petitioner not later than 30 
        days after the date on which the agency received the petition, 
        which shall--
                    (A) notify the petitioner of the problem; and
                    (B) provide information on how to formulate a 
                petition that meets those requirements.
            (3) Decision within 90 days.--Not later than 90 days after 
        the date on which an agency receives a petition under paragraph 
        (1) 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.
            (4) Petitions deemed granted for substantial inexcusable 
        delay.--A petition submitted under paragraph (1) 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 (3), in notifying the petitioner of the 
        determination of the agency to grant or deny the petition.
            (5) Public log.--Each agency shall maintain a public log of 
        petitions submitted under paragraph (1), which shall include 
        the status or disposition of each petition.
    (c) Congressional Requests.--
            (1) In general.--An appropriate committee of Congress, or a 
        majority of the majority party members or a majority of 
        nonmajority party members of the committee, may request in 
        writing that the Administrator designate any rule that is not a 
        significant rule for sunset review.
            (2) Designation by administrator.--Not later than 30 days 
        after the date on which the Administrator receives a request 
        under paragraph (1), the Administrator shall designate the rule 
        for sunset review, unless the Administrator determines that it 
        would not be in the public interest to conduct a sunset review 
        of the rule.
            (3) Notice of denial.--If the Administrator denies a 
        request under paragraph (1), the Administrator shall transmit 
        to the committee of Congress making the request a notice 
        stating the reasons for the denial.
    (d) Publication of Notice of Designation for Sunset Review.--After 
designating a rule under subsection (b) or (c) for sunset review, the 
agency or the Administrator, as applicable, shall promptly publish a 
notice of that designation in the Federal Register.

SEC. 5. CRITERIA FOR SUNSET REVIEW.

    (a) Definition.--In this section, the term ``applicable 
requirements'' includes any requirement for--
            (1) cost-benefit analysis; and
            (2) standardized risk analysis and risk assessment.
    (b) 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, the rule shall be authorized 
by law and meet all applicable requirements that would apply if it were 
issued as a new rule pursuant to section 553 of title 5, United States 
Code, or other statutory rulemaking procedures required for that rule.
    (c) 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 the 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.--Not later than 6 
                months after the date of enactment of this Act, the 
                Administrator shall conduct an inventory of rules in 
                effect on the date of enactment of this Act and publish 
                a first list of covered rules, which 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 in 
                        accordance with section 7(a)(1); and
                            (ii) include other rules subject to sunset 
                        review for any other reason, and state the 
                        review deadline for each such rule in 
                        accordance with section 7(a)(1).
                    (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.--To permit orderly and 
                prioritized sunset reviews, the Administrator shall--
                            (i) assign each significant rule in effect 
                        on the date of enactment of this Act to 1 of 4 
                        groups established by the Administrator; and
                            (ii) specify for each such 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 the assignment under 
                subparagraph (A)(i), the Administrator shall--
                            (i) consult with appropriate agencies; and
                            (ii) prioritize rules based on--
                                    (I) the grouping of related rules 
                                under 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 rules in effect 
                                on the date of enactment of this Act.
            (3) Grouping of related rules.--The Administrator shall--
                    (A) group related rules under paragraph (2) (and 
                designate other rules) for simultaneous sunset review 
                based upon subject matter similarity, functional 
                interrelationships, and other relevant factors to 
                ensure comprehensive and coordinated review of 
                redundant, overlapping, and conflicting rules and 
                requirements;
                    (B) ensure simultaneous sunset reviews of covered 
                rules without regard to whether the rules were issued 
                by the same agency; and
                    (C) designate any other rule for sunset review that 
                is necessary for a comprehensive sunset review whether 
                or not the other rule is otherwise a covered rule.
            (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 under 
        this Act to ensure--
                    (A) uniform, complete, and timely sunset reviews; 
                and
                    (B) notice and opportunity for public comment under 
                section 8(a).
            (5) Review and evaluation of reports.--Not later than 90 
        days after receiving a preliminary report under subsection 
        (b)(2), the Administrator shall--
                    (A) review and evaluate each preliminary and final 
                report submitted by an agency under paragraphs (2) and 
                (3) of subsection (b); and
                    (B) transmit comments to the head of the agency 
                regarding--
                            (i) the quality of the analysis in the 
                        report, including whether the agency has 
                        properly applied section 5;
                            (ii) the consistency of the proposed action 
                        of the agency with actions of other agencies; 
                        and
                            (iii) whether the rule should be continued 
                        without change, modified, consolidated with 
                        another rule, or terminated.
    (b) Agency Sunset Review Procedure.--
            (1) Sunset review notice.--Not less than 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 Congress on whether to 
                continue without changing, modifying, consolidating, or 
                terminating 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) not less than 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--
                    (A) consider the public comments and other 
                recommendations generated by the preliminary report 
                under paragraph (2) for a covered rule;
                    (B) consult with the appropriate committees of 
                Congress before issuing a final report; and
                    (C) not less than 90 days before the review 
                deadline of the covered rule, publish in the Federal 
                Register, in accordance with subsection (c)(2) or (d) 
                of section 8, and transmit a final report to the 
                Administrator and the appropriate committees of 
                Congress.
            (4) Open procedures regarding sunset review.--In any sunset 
        review conducted under 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 the review, 
        which shall be made available, upon request, to the public.
    (c) Effectiveness of Agency Recommendation.--If a final report 
under subsection (b)(3)--
            (1) recommends that a covered rule should be continued 
        without change, the covered rule shall be continued; and
            (2) 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, 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 subsection (a) to the Administrator.

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.--
                    (A) In general.--For a significant rule in effect 
                on the date of 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 
                enactment of this Act, as specified by the 
                Administrator under section 6(a)(2)(A).
                    (B) Other significant rules.--For a significant 
                rule that is not assigned to such a group specified 
                under section 6(a)(2)(A) on the date that is 6 months 
                after the date of enactment of this Act, 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 enactment of this Act, the 
        initial review deadline is the last day of the 10-year period 
        beginning on the date on which the rule takes effect.
            (3) Rules covered pursuant to public petition or 
        congressional request.--For a rule subject to sunset review 
        pursuant to a public petition under section 4(b) or a 
        congressional request under section 4(c), the initial review 
        deadline is the last day of the 3-year period beginning on--
                    (A) the date on which the agency or Administrator 
                so designates the rule for sunset 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 the 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, 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 on which 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 required under 
section 6(b)(1) for a covered 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 as a 
                result 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 the rule 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 Federal 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 the rule;
                    (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 the rule;
                    (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, safety, or 
                environmental benefits.
    (b) Preliminary Reports on Sunset Reviews.--The preliminary report 
required under section 6(b)(2) on the sunset review of a covered rule 
shall contain--
            (1) a request for public comments;
            (2) specific requests for factual findings and recommended 
        legal conclusions regarding the application of section 6 to the 
        rule, the continued need for the rule, and whether the rule 
        duplicates functions of another rule;
            (3) a request for comments on whether the rule should be 
        continued without change, modified, consolidated with another 
        rule, or terminated; and
            (4) 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.--
            (1) In general.--The final report required under section 
        6(b)(3) on the sunset review of a covered rule shall--
                    (A) contain the factual findings and legal 
                conclusions of the agency conducting the review 
                regarding the application of section 6 to the rule and 
                the proposed recommendation of the agency as to whether 
                the rule should be continued without change, modified, 
                consolidated with another rule, or terminated;
                    (B) in the case of a rule that the agency proposes 
                to continue without change, so state;
                    (C) in the case of a rule that the agency proposes 
                to modify or consolidate with another rule, contain--
                            (i) 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
                            (ii) the text of the rule as so modified or 
                        consolidated; and
                    (D) in the case of a rule that the agency proposes 
                to terminate, contain a notice of proposed rulemaking 
                for termination consistent with subparagraph (C)(i).
            (2) Publication.--A final report under paragraph (1)(B) 
        shall be published in the Federal Register.
    (d) Rulemaking.--
            (1) Publication.--A final report under subparagraph (C) or 
        (D) of subsection (c)(1) shall be published in the Federal 
        Register, which shall constitute publication of the notice 
        required under subsection (c)(1)(C)(i).
            (2) Requirement.--After publication of a final report under 
        subparagraph (C) or (D) of subsection (c)(1), the agency that 
        conducted the sunset review of the covered rule shall conduct 
        the rulemaking that is required in the final report.
    (e) Legislative Recommendations.--If the head of an agency 
determines that a rule in a final report under subparagraph (C) or (D) 
of subsection (c)(1) cannot be changed, modified, or consolidated with 
another rule without legislative action, the head of the agency shall 
include in the final report a description of what legislative changes 
are required to implement the recommendations in the final report with 
regard to the 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, who shall--
            (1) be responsible for the implementation of this Act by 
        the agency; and
            (2) 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 shall be construed to supersede the provisions 
of chapter 5, 6, or 7 of title 5, United States Code.

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

    (a) In General.--Except as provided in subsection (b), if a covered 
rule is terminated under 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) Definition.--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.
            (2) Effect.--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.

SEC. 12. JUDICIAL REVIEW.

    (a) Public Petition.--A denial or substantial inexcusable delay in 
granting or denying a public petition under section 4(b) shall be 
considered a final agency action subject to review under section 702 of 
title 5, United States Code.
    (b) Congressional Request.--A denial of a congressional request 
under section 4(c) shall not be subject to judicial review.
    (c) 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(b) 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 public petition under section 4(b), more than 1 
        year after the period applicable to the rule under section 
        4(b)(4).
    (d) 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 shall be construed to affect the availability or 
standard of judicial review for agency regulatory action.

SEC. 13. SUNSET OF THIS ACT.

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