I

103D CONGRESS

1ST SESSION H. R. 3628

To establish the Regulatory Sunset Commission to review regulations of

executive agencies, and to provide for the automatic termination of regulations that are not authorized by the Commission to continue in effect.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 22, 1993

Mr. CHAPMAN introduced the following bill; which was referred jointly to the

Committees on the Judiciary and Government Operations

A BILL

To establish the Regulatory Sunset Commission to review

regulations of executive agencies, and to provide for the

automatic termination of regulations that are not authorized by the Commission to continue in effect.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Regulatory Sunset Act

5 of 1993’’.

6 SEC. 2. PURPOSE.

7 The purposes of this Act are the following:
2

•HR 3628 IH

1 (1) To require agencies to regularly review their

2 regulations and make recommendations to termi3 nate, continue in effect, or modify those regulations.

4 (2) To designate a Regulatory Review Officer

5 within each agency, who is responsible for furthering

6 compliance by the agency with the requirements of

7 this Act.

8 (3) To establish a Commission to perform sun9 set reviews of all agency regulations.

10 (4) To provide for the automatic termination of

11 agency regulations that are not authorized by the

12 Commission to continue in effect after such reviews.

13 SEC. 3. DEFINITIONS.

14 In this Act:

15 (1) AGENCY.—The term ‘‘agency’’ means an

16 Executive agency, as that term is defined in section

17 105 of title 5, United States Code.

18 (2) REGULATION.—The term ‘‘regulation’’

19 means a rule, as that term is defined in section

20 551(4) of title 5, United States Code, that is issued

21 by an agency.

22 (3) COMMISSION.—The term ‘‘Commission’’

23 means the Regulatory Sunset Commission estab24 lished by section 103.
3

•HR 3628 IH

1 TITLE I—SUNSET REVIEWS

2 SEC. 101. REVIEW AND TERMINATION OF REGULATIONS.

3 (a) IN GENERAL.—Except as provided in subsection

4 (b), regulations shall be reviewed by the Commission and

5 terminate as follows:

6 (1) EXISTING REGULATIONS.—A regulation in

7 effect on the date of the enactment of this Act—

8 (A) shall be reviewed by the Commission

9 before the end of the 7-year period beginning

10 on that date of enactment, and

11 (B) shall not be effective after that 7-year

12 period, unless before the end of that period the

13 regulation is reviewed and authorized by the

14 Commission to continue in effect in accordance

15 with this Act.

16 (2) NEW REGULATIONS.—A regulation that is

17 first effective after that date of enactment—

18 (A) shall be reviewed by the Commission

19 before the end of the 3-year period beginning

20 on the first date it is effective, and

21 (B) shall not be effective after that 3-year

22 period, unless before the end of that period the

23 regulation is reviewed and authorized by the

24 Commission to continue in effect in accordance

25 with this Act.
4

•HR 3628 IH

1 (3) REGULATIONS CONTINUED IN EFFECT.—A

2 regulation that is reviewed and authorized by the

3 Commission to continue in effect under this sub4 section or subsection (b)(3)—

5 (A) shall be reviewed by the Commission

6 before the end of the 7-year period beginning

7 on the date of the last such authorization, and

8 (B) shall not be effective after the end of

9 that 7-year period, unless before the end of that

10 period the regulation is reviewed and authorized

11 by the Commission to continue in effect in ac12 cordance with this Act.

13 (b) CONTINUED EFFECTIVENESS WITH RESPECT TO

14 MODIFICATIONS.—

15 (1) 6-MONTH EXTENSION.—A regulation that

16 would otherwise terminate under subsection (a) shall

17 continue in effect for the 6-month period beginning

18 on the date on which that termination would occur,

19 if the Commission includes in a report under section

20 102(d) for the regulation any recommendation of

21 modifications that should be made to the regulation.

22 (2) SUBSEQUENT REVIEW.—Before the end of

23 the 6-month period under paragraph (1) for a regu24 lation, the Commission shall review the regulation
5

•HR 3628 IH

1 and determine whether the modifications rec2 ommended by the Commission have been made.

3 (3) FURTHER EXTENSION.—The Commission

4 shall authorize a regulation continued in effect

5 under paragraph (1) to continue in effect for the 7-

6 year period beginning on the first day of the 6-

7 month period for the regulation under paragraph

8 (1), if the Commission determines in accordance

9 with paragraph (2) that the modifications rec10 ommended by the Commission have been made.

11 SEC. 102. REVIEW OF REGULATIONS BY COMMISSION.

12 (a) IN GENERAL.—The Commission shall—

13 (1) continuously review all regulations in ac14 cordance with section 101 and this section;

15 (2) make determinations regarding whether reg16 ulations should terminate or be authorized to con17 tinue in effect;

18 (3) recommend modifications that should be

19 made to regulations; and

20 (4) authorize regulations to continue in effect,

21 as determined by the Commission to be appropriate.

22 (b) CRITERIA FOR REVIEW.—The Commission shall

23 consider the following criteria in determining whether a

24 regulation should terminate, is authorized to continue in

25 effect, or should be modified:
6

•HR 3628 IH

1 (1) The extent to which the regulation is out2 dated, obsolete, or unnecessary.

3 (2) The extent to which the regulation or infor4 mation required to comply with a regulation dupli5 cates, conflicts with, or overlaps requirements under

6 regulations of other agencies.

7 (3) The extent to which the regulation impedes

8 competition.

9 (4) Whether the benefits to society from the

10 regulation exceed the costs to society from the regu11 lation.

12 (5) Whether the regulation is based on ade13 quate and correct information.

14 (6) Whether the regulation is worded as simply

15 and clearly as possible.

16 (7) Whether the most cost-effective alternative

17 was chosen in the regulation to achieve the objective

18 of the regulation.

19 (8) The extent to which information require20 ments under the regulation can be reduced, particu21 larly for small businesses.

22 (9) Whether the regulation is fashioned to

23 maximize net benefits to society.

24 (10) Whether the regulation is clear and certain

25 regarding who is subject to the regulation.
7

•HR 3628 IH

1 (11) Whether the regulation is crafted to mini2 mize needless litigation.

3 (12) Whether the condition of the economy and

4 of regulated industries is considered.

5 (13) Whether the regulation imposes on the pri6 vate sector the minimum economic burdens nec7 essary to achieve the purposes of the regulation.

8 (14) Whether the total effect of the regulation

9 across agencies has been examined.

10 (15) Whether the regulation relies on market

11 mechanisms.

12 (16) Whether the regulation is necessary to

13 protect the health and safety of the public.

14 (17) Whether the regulation has resulted in un15 intended consequences.

16 (c) REVIEW REQUIREMENTS.—For purposes of con17 ducting reviews of regulations under this Act, the Commis18 sion shall—

19 (1) receive and consider testimony and com20 ments from the private sector regarding the applica21 tion of the criteria set forth in section 102(b) to ex22 isting regulations;

23 (2) review agency reports on regulations sub24 mitted under section 201(2); and
8

•HR 3628 IH

1 (3) publish schedules of Commission reviews of

2 regulations, that provide reasonable notice of those

3 reviews to agencies.

4 (d) REPORTS.—The Commission shall submit to the

5 President and the Congress and publish in the Federal

6 Register reports on regulations, before the date of the ter7 mination of the regulations under section 101, which in8 clude—

9 (1) determinations of whether the regulations

10 should terminate, are authorized to continue in ef11 fect, or should be modified;

12 (2) recommendations of any modifications to

13 the regulations that should be made to the regula14 tions;

15 (3) other information the Commission considers

16 necessary for a complete evaluation of the regula17 tions; and

18 (4) findings and recommendations for legisla19 tive or administrative action the Commission consid20 ers appropriate.

21 SEC. 103. ESTABLISHMENT OF REGULATORY SUNSET COM22 MISSION.

23 (a) ESTABLISHMENT.—There is established a Com24 mission to be known as the Regulatory Sunset Commis25 sion.
9

•HR 3628 IH

1 (b) MEMBERSHIP.—

2 (1) NUMBER AND APPOINTMENT.—The Com3 mission shall consist of 9 members appointed by the

4 President, by and with the advice and consent of the

5 Senate, from among individuals who are qualified to

6 serve on the Commission by virtue of their edu7 cation, training, or experience.

8 (2) CONGRESSIONAL RECOMMENDATIONS.—The

9 majority leader and minority leader of the Senate

10 and the Speaker and minority leader of the House

11 of Representatives may submit recommendations to

12 the President concerning appointments to the Com13 mission.

14 (3) LIMITATION ON POLITICAL AFFILIATION.—

15 Not more than 5 members of the Commission may

16 be members of the same political party.

17 (4) CHAIRPERSON.—The President shall des18 ignate a member of the Commission as the Chair19 person of the Commission.

20 (c) TERMS.—

21 (1) IN GENERAL.—Except as provided in para22 graphs (2) and (3), the term of an individual as a

23 member of the Commission shall be 6 years.
10

•HR 3628 IH

1 (2) INITIAL APPOINTMENTS.—Of the individ2 uals first appointed as members of the Commission,

3 as specified by the President—

4 (A) 3 shall be appointed to an initial term

5 of 2 years;

6 (B) 3 shall be appointed to an initial term

7 of 4 years; and

8 (C) 3 shall be appointed to an initial term

9 of 6 years.

10 (3) COMPLETION OF TERM OF VACATED MEM11 BERSHIP.—A member of the Commission appointed

12 to fill a vacancy on the Commission occurring before

13 the expiration of the term for which the member’s

14 predecessor was appointed shall serve pursuant to

15 that appointment only for the remainder of that

16 term.

17 (4) LIMITATION ON REAPPOINTMENT.—An in18 dividual may not serve more than 2 terms as a mem19 ber of the Commission.

20 (d) EFFECT AND FILLING OF VACANCIES.—A va21 cancy on the Commission shall not impair the authority

22 of the remaining members of the Commission to exercise

23 the powers of the Commission.

24 (e) COMPENSATION.—
11

•HR 3628 IH

1 (1) IN GENERAL.—A member of the Commis2 sion, other than the Chairperson, shall be paid at a

3 rate equal to the rate of basic pay payable for level

4 III of the Executive Schedule.

5 (2) CHAIRPERSON.—The Chairperson of the

6 Commission shall be paid at a rate equal to the rate

7 of basic pay payable for level II of the Executive

8 Schedule.

9 (f) MEETINGS.—The Commission shall meet on a

10 regular basis, at the call of the Chairperson of the Com11 mission or a majority of its members.

12 (g) QUORUM.—A majority of the members of the

13 Commission shall constitute a quorum for the transaction

14 of business but a lesser number may hold hearings.

15 (h) PROHIBITION ON OTHER ACTIVITIES OF MEM16 BERS.—A member of the Commission shall not engage in

17 any other business, vocation, or employment.

18 (i) REMOVAL OF MEMBER.—Any member of the

19 Commission may be removed by the President for ineffi20 ciency, neglect of duty, or malfeasance in office.

21 SEC. 104. STAFF OF COMMISSION.

22 (a) EXECUTIVE DIRECTOR.—The Commission may

23 appoint an executive director, who may be paid at a rate

24 determined by the Commission.
12

•HR 3628 IH

1 (b) STAFF.—The Commission may appoint such pro2 fessional and clerical personnel as may be reasonable and

3 necessary to enable the Commission to carry out its func4 tions, who may be paid at rates determined by the Com5 mission.

6 (c) OTHER FEDERAL PERSONNEL.—Upon request of

7 the Chairman of the Commission, the head of an agency

8 may detail to the Commission, without reimbursement,

9 any personnel of the agency to assist the Commission in

10 carrying out its duties under this Act. Such detail shall

11 be without interruption or loss of civil service status or

12 privilege.

13 SEC. 105. POWERS OF COMMISSION.

14 (a) HEARINGS AND MEETINGS.—The Commission

15 may, for the purpose of carrying out this Act, hold hear16 ings, sit and act at times and places, take testimony, and

17 receive evidence as the Commission considers appropriate.

18 (b) CONTRACTUAL AUTHORITY.—The Commission

19 may contract with and compensate government and pri20 vate agencies or persons for supplies or services necessary

21 to fulfill the duties of the Commission.

22 SEC. 106. LIMITATION ON ACTIONS FOR JUDICIAL REVIEW.

23 Notwithstanding any other provisions of law, a deter24 mination of the Commission shall be subject to judicial
13

•HR 3628 IH

1 review only in an action brought no later than 30 days

2 after the issuance of the determination.

3 SEC. 107. ACCESS TO INFORMATION AND RECORDS OF

4 AGENCIES.

5 The Commission may secure directly from any agency

6 such information as may be necessary to enable the Com7 mission to carry out its duties. Upon request of the Chair8 person of the Commission, the head of an agency shall,

9 to the extent not otherwise prohibited by law, furnish such

10 information to the Commission. The Commission shall

11 have access to, and may inspect, records of any agency

12 to obtain that information.

13 TITLE II—AGENCY ROLE IN

14 SUNSET REVIEWS

15 SEC. 201. AGENCY RESPONSIBILITIES.

16 The head of each agency shall—

17 (1) conduct thorough and systematic reviews,

18 based on the criteria set forth in section 102(b), of

19 all regulations of the agency;

20 (2) prepare and transmit to the Commission a

21 report on regulations of the agency, by not later

22 than 1 year prior to the date on which the regula23 tions are scheduled to be reviewed under schedules

24 published by the Commission under section

25 102(c)(3), which includes—
14

•HR 3628 IH

1 (A) specific findings regarding the criteria

2 set forth in section 102(b) with respect to each

3 regulation;

4 (B) recommendations on whether each reg5 ulation should terminate, be authorized to con6 tinue in effect, or be modified; and

7 (C) recommendations on the consolidation

8 of any of the regulations with other regulations

9 that duplicate functions of the regulations; and

10 (3) publish in the Federal Register responses to

11 determinations of the Commission in its reports

12 under subsection (d) of section 102, including—

13 (A) responses to recommendations by the

14 Commission of modifications in regulations of

15 the agency; and

16 (B) descriptions of the actions to be taken

17 by the agency in response to all recommenda18 tions of the Commission under that section.

19 SEC. 202. DESIGNATION OF AGENCY REGULATORY REVIEW

20 OFFICERS.

21 (a) IN GENERAL.—There shall be within each agency

22 a Regulatory Review Officer, who shall be designated by

23 the head of the agency from among officials of the agency.

24 (b) FUNCTIONS.—The Regulatory Review Officer of

25 an agency shall—
15

•HR 3628 IH

1 (1) further the compliance by the agency with

2 the requirements of this Act; and

3 (2) report directly to the head of the agency

4 with respect to the function under paragraph (1).

Æ