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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3628 Introduced in House (IH)]

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.

    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 Act of 1993''.

SEC. 2. PURPOSE.

    The purposes of this Act are the following:
            (1) To require agencies to regularly review their 
        regulations and make recommendations to terminate, continue in 
        effect, or modify those regulations.
            (2) To designate a Regulatory Review Officer within each 
        agency, who is responsible for furthering compliance by the 
        agency with the requirements of this Act.
            (3) To establish a Commission to perform sunset reviews of 
        all agency regulations.
            (4) To provide for the automatic termination of agency 
        regulations that are not authorized by the Commission to 
        continue in effect after such reviews.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' means an Executive agency, 
        as that term is defined in section 105 of title 5, United 
        States Code.
            (2) Regulation.--The term ``regulation'' means a rule, as 
        that term is defined in section 551(4) of title 5, United 
        States Code, that is issued by an agency.
            (3) Commission.--The term ``Commission'' means the 
        Regulatory Sunset Commission established by section 103.

                        TITLE I--SUNSET REVIEWS

SEC. 101. REVIEW AND TERMINATION OF REGULATIONS.

    (a) In General.--Except as provided in subsection (b), regulations 
shall be reviewed by the Commission and terminate as follows:
            (1) Existing regulations.--A regulation in effect on the 
        date of the enactment of this Act--
                    (A) shall be reviewed by the Commission before the 
                end of the 7-year period beginning on that date of 
                enactment, and
                    (B) shall not be effective after that 7-year 
                period, unless before the end of that period the 
                regulation is reviewed and authorized by the Commission 
                to continue in effect in accordance with this Act.
            (2) New regulations.--A regulation that is first effective 
        after that date of enactment--
                    (A) shall be reviewed by the Commission before the 
                end of the 3-year period beginning on the first date it 
                is effective, and
                    (B) shall not be effective after that 3-year 
                period, unless before the end of that period the 
                regulation is reviewed and authorized by the Commission 
                to continue in effect in accordance with this Act.
            (3) Regulations continued in effect.--A regulation that is 
        reviewed and authorized by the Commission to continue in effect 
        under this subsection or subsection (b)(3)--
                    (A) shall be reviewed by the Commission before the 
                end of the 7-year period beginning on the date of the 
                last such authorization, and
                    (B) shall not be effective after the end of that 7-
                year period, unless before the end of that period the 
                regulation is reviewed and authorized by the Commission 
                to continue in effect in accordance with this Act.
    (b) Continued Effectiveness With Respect to Modifications.--
            (1) 6-month extension.--A regulation that would otherwise 
        terminate under subsection (a) shall continue in effect for the 
        6-month period beginning on the date on which that termination 
        would occur, if the Commission includes in a report under 
        section 102(d) for the regulation any recommendation of 
        modifications that should be made to the regulation.
            (2) Subsequent review.--Before the end of the 6-month 
        period under paragraph (1) for a regulation, the Commission 
        shall review the regulation and determine whether the 
        modifications recommended by the Commission have been made.
            (3) Further extension.--The Commission shall authorize a 
        regulation continued in effect under paragraph (1) to continue 
        in effect for the 7-year period beginning on the first day of 
        the 6-month period for the regulation under paragraph (1), if 
        the Commission determines in accordance with paragraph (2) that 
        the modifications recommended by the Commission have been made.

SEC. 102. REVIEW OF REGULATIONS BY COMMISSION.

    (a) In General.--The Commission shall--
            (1) continuously review all regulations in accordance with 
        section 101 and this section;
            (2) make determinations regarding whether regulations 
        should terminate or be authorized to continue in effect;
            (3) recommend modifications that should be made to 
        regulations; and
            (4) authorize regulations to continue in effect, as 
        determined by the Commission to be appropriate.
    (b) Criteria for Review.--The Commission shall consider the 
following criteria in determining whether a regulation should 
terminate, is authorized to continue in effect, or should be modified:
            (1) The extent to which the regulation is outdated, 
        obsolete, or unnecessary.
            (2) The extent to which the regulation or information 
        required to comply with a regulation duplicates, conflicts 
        with, or overlaps requirements under regulations of other 
        agencies.
            (3) The extent to which the regulation impedes competition.
            (4) Whether the benefits to society from the regulation 
        exceed the costs to society from the regulation.
            (5) Whether the regulation is based on adequate and correct 
        information.
            (6) Whether the regulation is worded as simply and clearly 
        as possible.
            (7) Whether the most cost-effective alternative was chosen 
        in the regulation to achieve the objective of the regulation.
            (8) The extent to which information requirements under the 
        regulation can be reduced, particularly for small businesses.
            (9) Whether the regulation is fashioned to maximize net 
        benefits to society.
            (10) Whether the regulation is clear and certain regarding 
        who is subject to the regulation.
            (11) Whether the regulation is crafted to minimize needless 
        litigation.
            (12) Whether the condition of the economy and of regulated 
        industries is considered.
            (13) Whether the regulation imposes on the private sector 
        the minimum economic burdens necessary to achieve the purposes 
        of the regulation.
            (14) Whether the total effect of the regulation across 
        agencies has been examined.
            (15) Whether the regulation relies on market mechanisms.
            (16) Whether the regulation is necessary to protect the 
        health and safety of the public.
            (17) Whether the regulation has resulted in unintended 
        consequences.
    (c) Review Requirements.--For purposes of conducting reviews of 
regulations under this Act, the Commission shall--
            (1) receive and consider testimony and comments from the 
        private sector regarding the application of the criteria set 
        forth in section 102(b) to existing regulations;
            (2) review agency reports on regulations submitted under 
        section 201(2); and
            (3) publish schedules of Commission reviews of regulations, 
        that provide reasonable notice of those reviews to agencies.
    (d) Reports.--The Commission shall submit to the President and the 
Congress and publish in the Federal Register reports on regulations, 
before the date of the termination of the regulations under section 
101, which include--
            (1) determinations of whether the regulations should 
        terminate, are authorized to continue in effect, or should be 
        modified;
            (2) recommendations of any modifications to the regulations 
        that should be made to the regulations;
            (3) other information the Commission considers necessary 
        for a complete evaluation of the regulations; and
            (4) findings and recommendations for legislative or 
        administrative action the Commission considers appropriate.

SEC. 103. ESTABLISHMENT OF REGULATORY SUNSET COMMISSION.

    (a) Establishment.--There is established a Commission to be known 
as the Regulatory Sunset Commission.
    (b) Membership.--
            (1) Number and appointment.--The Commission shall consist 
        of 9 members appointed by the President, by and with the advice 
        and consent of the Senate, from among individuals who are 
        qualified to serve on the Commission by virtue of their 
        education, training, or experience.
            (2) Congressional recommendations.--The majority leader and 
        minority leader of the Senate and the Speaker and minority 
        leader of the House of Representatives may submit 
        recommendations to the President concerning appointments to the 
        Commission.
            (3) Limitation on political affiliation.--Not more than 5 
        members of the Commission may be members of the same political 
        party.
            (4) Chairperson.--The President shall designate a member of 
        the Commission as the Chairperson of the Commission.
    (c) Terms.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the term of an individual as a member of the Commission 
        shall be 6 years.
            (2) Initial appointments.--Of the individuals first 
        appointed as members of the Commission, as specified by the 
        President--
                    (A) 3 shall be appointed to an initial term of 2 
                years;
                    (B) 3 shall be appointed to an initial term of 4 
                years; and
                    (C) 3 shall be appointed to an initial term of 6 
                years.
            (3) Completion of term of vacated membership.--A member of 
        the Commission appointed to fill a vacancy on the Commission 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall serve pursuant to that 
        appointment only for the remainder of that term.
            (4) Limitation on reappointment.--An individual may not 
        serve more than 2 terms as a member of the Commission.
    (d) Effect and Filling of Vacancies.--A vacancy on the Commission 
shall not impair the authority of the remaining members of the 
Commission to exercise the powers of the Commission.
    (e) Compensation.--
            (1) In general.--A member of the Commission, other than the 
        Chairperson, shall be paid at a rate equal to the rate of basic 
        pay payable for level III of the Executive Schedule.
            (2) Chairperson.--The Chairperson of the Commission shall 
        be paid at a rate equal to the rate of basic pay payable for 
        level II of the Executive Schedule.
    (f) Meetings.--The Commission shall meet on a regular basis, at the 
call of the Chairperson of the Commission or a majority of its members.
    (g) Quorum.--A majority of the members of the Commission shall 
constitute a quorum for the transaction of business but a lesser number 
may hold hearings.
    (h) Prohibition on Other Activities of Members.--A member of the 
Commission shall not engage in any other business, vocation, or 
employment.
    (i) Removal of Member.--Any member of the Commission may be removed 
by the President for inefficiency, neglect of duty, or malfeasance in 
office.

SEC. 104. STAFF OF COMMISSION.

    (a) Executive Director.--The Commission may appoint an executive 
director, who may be paid at a rate determined by the Commission.
    (b) Staff.--The Commission may appoint such professional and 
clerical personnel as may be reasonable and necessary to enable the 
Commission to carry out its functions, who may be paid at rates 
determined by the Commission.
    (c) Other Federal Personnel.--Upon request of the Chairman of the 
Commission, the head of an agency may detail to the Commission, without 
reimbursement, any personnel of the agency to assist the Commission in 
carrying out its duties under this Act. Such detail shall be without 
interruption or loss of civil service status or privilege.

SEC. 105. POWERS OF COMMISSION.

    (a) Hearings and Meetings.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate.
    (b) Contractual Authority.--The Commission may contract with and 
compensate government and private agencies or persons for supplies or 
services necessary to fulfill the duties of the Commission.

SEC. 106. LIMITATION ON ACTIONS FOR JUDICIAL REVIEW.

    Notwithstanding any other provisions of law, a determination of the 
Commission shall be subject to judicial review only in an action 
brought no later than 30 days after the issuance of the determination.

SEC. 107. ACCESS TO INFORMATION AND RECORDS OF AGENCIES.

    The Commission may secure directly from any agency such information 
as may be necessary to enable the Commission to carry out its duties. 
Upon request of the Chairperson of the Commission, the head of an 
agency shall, to the extent not otherwise prohibited by law, furnish 
such information to the Commission. The Commission shall have access 
to, and may inspect, records of any agency to obtain that information.

                TITLE II--AGENCY ROLE IN SUNSET REVIEWS

SEC. 201. AGENCY RESPONSIBILITIES.

    The head of each agency shall--
            (1) conduct thorough and systematic reviews, based on the 
        criteria set forth in section 102(b), of all regulations of the 
        agency;
            (2) prepare and transmit to the Commission a report on 
        regulations of the agency, by not later than 1 year prior to 
        the date on which the regulations are scheduled to be reviewed 
        under schedules published by the Commission under section 
        102(c)(3), which includes--
                    (A) specific findings regarding the criteria set 
                forth in section 102(b) with respect to each 
                regulation;
                    (B) recommendations on whether each regulation 
                should terminate, be authorized to continue in effect, 
                or be modified; and
                    (C) recommendations on the consolidation of any of 
                the regulations with other regulations that duplicate 
                functions of the regulations; and
            (3) publish in the Federal Register responses to 
        determinations of the Commission in its reports under 
        subsection (d) of section 102, including--
                    (A) responses to recommendations by the Commission 
                of modifications in regulations of the agency; and
                    (B) descriptions of the actions to be taken by the 
                agency in response to all recommendations of the 
                Commission under that section.

SEC. 202. DESIGNATION OF AGENCY REGULATORY REVIEW OFFICERS.

    (a) In General.--There shall be within each agency a Regulatory 
Review Officer, who shall be designated by the head of the agency from 
among officials of the agency.
    (b) Functions.--The Regulatory Review Officer of an agency shall--
            (1) further the compliance by the agency with the 
        requirements of this Act; and
            (2) report directly to the head of the agency with respect 
        to the function under paragraph (1).

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