I 

112TH CONGRESS 

1ST SESSION H. R. 214 

To establish a Congressional Office of Regulatory Analysis, to require the 

periodic review and automatic termination of Federal regulations, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2011 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, 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 establish a Congressional Office of Regulatory Analysis, 

to require the periodic review and automatic termination 

of Federal regulations, and for other purposes. 

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 ‘‘Congressional Office 

5 of Regulatory Analysis Creation and Sunset and Review 

6 Act of 2011’’. 

7 SEC. 2. TABLE OF CONTENTS. 

8 The table of contents for this Act is as follows: 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HR 214 IH

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—CONGRESSIONAL OFFICE OF REGULATORY ANALYSIS 

Sec. 101. Establishment of Office. 

Sec. 102. Responsibilities. 

Sec. 103. Effective date. 

TITLE II—REGULATORY SUNSET AND REVIEW 

Sec. 201. Purposes. 

Sec. 202. Review of regulations. 

Sec. 203. Covered rules. 

Sec. 204. Criteria for sunset review. 

Sec. 205. Sunset review procedures. 

Sec. 206. Review deadlines for covered rules. 

Sec. 207. Sunset review notices and agency reports. 

Sec. 208. Designation of agency regulatory review officer. 

Sec. 209. Relationship to other law. 

Sec. 210. Effect of termination of a covered rule. 

Sec. 211. Judicial review. 

Sec. 212. Definitions. 

Sec. 213. Effective date. 

Sec. 214. Sunset of this title. 

1 TITLE I—CONGRESSIONAL OF2 FICE OF REGULATORY ANAL3 YSIS 

4 SEC. 101. ESTABLISHMENT OF OFFICE. 

5 (a) ESTABLISHMENT.— 

6 (1) IN GENERAL.—There is established a Con7 gressional Office of Regulatory Analysis (in this title 

8 referred to as the ‘‘Office’’). 

9 (2) DIRECTOR.—The Office shall have a Direc10 tor (in this title referred to as the ‘‘Director’’) who 

11 shall be appointed by the Speaker of the House of 

12 Representatives and the majority leader of the Sen13 ate after considering recommendations received from 

14 the Committee on Oversight and Government ReVerDate Mar 15 2010 04:12 Jan 12, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H214.IH H214

smartinez on DSKB9S0YB1PROD with BILLS
3 

•HR 214 IH

1 form of the House of Representatives and the Com2 mittee on Homeland Security and Governmental Af3 fairs of the Senate, without regard to political affili4 ation and solely on the basis of the Director’s ability 

5 to perform the duties of the Office. 

6 (3) TERM.— 

7 (A) IN GENERAL.—The term of office of 

8 the Director shall be 4 years, but no Director 

9 shall be permitted to serve more than 3 terms. 

10 (B) VACANCY.—Any individual appointed 

11 as Director to fill a vacancy prior to the expira12 tion of a term shall serve only for the unexpired 

13 portion of that term. An individual serving as 

14 Director at the expiration of that term may 

15 continue to serve until the individual’s successor 

16 is appointed. 

17 (4) REMOVAL.—The Director may be removed 

18 by a concurrent resolution of the Congress. 

19 (5) COMPENSATION.—The Director shall be 

20 paid at a rate equal to the rate of basic pay for level 

21 III of the Executive Schedule in section 5314 of title 

22 5, United States Code. 

23 (b) PERSONNEL.— 

24 (1) IN GENERAL.—The Director shall appoint 

25 and fix the compensation of such personnel as may 


smartinez on DSKB9S0YB1PROD with BILLS
4 

•HR 214 IH

1 be necessary to carry out the duties and functions 

2 of the Office. 

3 (2) APPOINTMENT.—All personnel of the Office 

4 shall be appointed without regard to political affili5 ation and solely on the basis of their fitness to per6 form their duties. 

7 (3) DUTIES AND RESPONSIBILITIES.—The Di8 rector may prescribe the duties and responsibilities 

9 of the personnel of the Office, and delegate to them 

10 authority to perform any of the duties, powers, and 

11 functions imposed on the Office or on the Director. 

12 (4) EMPLOYEE STATUS.—For purposes of pay 

13 (other than pay of the Director) and employment 

14 benefits, rights, and privileges, all personnel of the 

15 Office shall be treated as if they were employees of 

16 the House of Representatives. 

17 (c) EXPERTS AND CONSULTANTS.—In carrying out 

18 the duties and functions of the Office, the Director may 

19 procure temporary (not to exceed one year) and intermit20 tent services under section 3109(b) of title 5, United 

21 States Code, but at rates for individuals not to exceed the 

22 daily equivalent of the maximum annual rate of basic pay 

23 under the General Schedule of section 5332 of title 5, 

24 United States Code. 

25 (d) RELATIONSHIP TO EXECUTIVE BRANCH.— 


smartinez on DSKB9S0YB1PROD with BILLS
5 

•HR 214 IH

1 (1) INFORMATION REQUESTS.—The Director is 

2 authorized to secure information, data, estimates, 

3 and statistics directly from the various departments, 

4 agencies, and establishments of the executive branch 

5 of Government, including the Office of Management 

6 and Budget, and the regulatory agencies and com7 missions of the Government. All such departments, 

8 agencies, establishments, and regulatory agencies 

9 and commissions shall promptly furnish the Director 

10 any available material which the Director determines 

11 to be necessary in the performance of the Director’s 

12 duties and functions (other than material the disclo13 sure of which would be a violation of law). 

14 (2) USE OF SERVICES, FACILITIES, AND PER15 SONNEL.—The Director is authorized, upon agree16 ment with the head of any such department, agency, 

17 establishment, or regulatory agency or commission, 

18 to use its services, facilities, and personnel with or 

19 without reimbursement, and the head of each such 

20 department, agency, establishment, or regulatory 

21 agency or commission is authorized to provide the 

22 Office such services, facilities, and personnel. 

23 (e) RELATIONSHIP TO OTHER AGENCIES OF CON24 GRESS.—In carrying out the duties and functions of the 

25 Office, and for the purpose of coordinating the operations 


smartinez on DSKB9S0YB1PROD with BILLS
6 

•HR 214 IH

1 of the Office with those of other congressional agencies 

2 with a view to using most effectively the information, serv3 ices, and capabilities of all such agencies in carrying out 

4 the various responsibilities assigned to each, the Director 

5 is authorized to obtain information, data, estimates, and 

6 statistics developed by the General Accountability Office, 

7 the Congressional Budget Office, and the Congressional 

8 Research Service, and upon agreement with the Comp9 troller General, the Director of the Congressional Budget 

10 Office, or the Director of the Congressional Research 

11 Service to use their services, facilities, and personnel with 

12 or without reimbursement. The Comptroller General and 

13 such Directors are authorized to provide the Office with 

14 the information, data, estimates, and statistics, and the 

15 services, facilities, and personnel, referred to in the pre16 ceding sentence. 

17 (f) ASSISTANCE TO THE CONGRESS.—The Director 

18 shall provide to the Committee on Oversight and Govern19 ment Reform of the House of Representatives and the 

20 Committee on Homeland Security and Governmental Af21 fairs of the Senate, information that will assist the com22 mittee in the discharge of all matters within its jurisdic23 tion, including information with respect to its jurisdiction 

24 over authorization and oversight of the Office of InformaVerDate Mar 15 2010 04:12 Jan 12, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H214.IH H214

smartinez on DSKB9S0YB1PROD with BILLS
7 

•HR 214 IH

1 tion and Regulatory Affairs of the Office of Management 

2 and Budget. 

3 (g) INFORMATION.— 

4 (1) FREEDOM OF INFORMATION.—The Office 

5 shall make available information from its activities 

6 in accordance with section 552 of title 5, United 

7 States Code. 

8 (2) PUBLIC DOCKET.—The Office shall main9 tain a publicly available log of information (other 

10 than information which may not be released under 

11 section 552(b) of title 5, United States Code) that 

12 shall contain— 

13 (A) all written communications, regardless 

14 of format, between Office personnel and any 

15 person who is not employed by the Federal Gov16 ernment; and 

17 (B) the dates and names of individuals in18 volved in all substantive oral communications, 

19 including meetings and telephone conversations 

20 between Office personnel and any person not 

21 employed by the Federal Government, and the 

22 subject matter of such communications. 

23 (h) APPROPRIATIONS.—There are authorized to be 

24 appropriated to the Office such sums as may be necessary 

25 for each of fiscal years 2012 through 2019. 


smartinez on DSKB9S0YB1PROD with BILLS
8 

•HR 214 IH

1 SEC. 102. RESPONSIBILITIES. 

2 (a) TRANSFER OF FUNCTIONS UNDER CHAPTER 8 

3 FROM GAO TO OFFICE.— 

4 (1) DIRECTOR’S NEW AUTHORITY.—Section 

5 801 of title 5, United States Code, is amended— 

6 (A) by striking ‘‘Comptroller General’’ 

7 each place it occurs and inserting ‘‘Director of 

8 the Office’’; and 

9 (B) by striking ‘‘the Comptroller General’s 

10 report’’ in subsection (a)(2)(B) and inserting 

11 ‘‘the report of the Director of the Office’’. 

12 (2) DEFINITION.—Section 804 is amended by 

13 adding at the end the following: 

14 ‘‘(4) The term ‘Director of the Office’ means 

15 the Director of the Congressional Office of Regu16 latory Affairs established by section 101 of the Con17 gressional Office of Regulatory Analysis Creation 

18 and Sunset and Review Act of 2011.’’. 

19 (3) MAJOR RULES.—Section 801(a)(2)(A) of 

20 title 5, United States Code, is amended to read as 

21 follows: 

22 ‘‘(2)(A) The Director of the Office shall provide a re23 port on each major rule to the committees of jurisdiction 

24 in each House of the Congress by the end of 30 calendar 

25 days after the submission or publication date as provided 


smartinez on DSKB9S0YB1PROD with BILLS
9 

•HR 214 IH

1 in section 802(b)(2). The report of the Director shall in2 clude— 

3 ‘‘(i) an assessment of the compliance by the 

4 Federal agency with the requirements in paragraph 

5 (1)(B); and 

6 ‘‘(ii) an analysis of the rule by the Director, 

7 using any relevant data and analyses generated by 

8 the Federal agency and any data of the Office, in9 cluding the following: 

10 ‘‘(I) A description of the potential benefits 

11 of the rule, including any beneficial effects that 

12 cannot be quantified in monetary terms and the 

13 identification of those likely to receive the bene14 fits. 

15 ‘‘(II) A description of the potential costs of 

16 the rule, including any adverse effects that can17 not be quantified in monetary terms and the 

18 identification of those likely to bear the costs. 

19 ‘‘(III) A determination of the potential net 

20 benefits of the rule, including an evaluation of 

21 effects that cannot be quantified in monetary 

22 terms. 

23 ‘‘(IV) A description of alternative ap24 proaches that could achieve the same regulatory 

25 goal at a lower cost, together with an analysis 


smartinez on DSKB9S0YB1PROD with BILLS
10 

•HR 214 IH

1 of the potential benefits and costs and a brief 

2 explanation of the legal reasons why such alter3 natives, if proposed, could not be adopted. 

4 ‘‘(V) A summary of how these results dif5 fer, if at all, from the results that the promul6 gating agency received when conducting similar 

7 analyses.’’. 

8 (4) NONMAJOR RULES.—The Office shall con9 duct an assessment and analysis, as described in 

10 section 801(a)(2)(A) of title 5, United States Code, 

11 of any nonmajor rule, as defined in section 804(3) 

12 of such title, when requested to do so by a com13 mittee of the House of Representatives or the Senate 

14 or by an individual Representative or Senator. 

15 (5) PRIORITIES.— 

16 (A) ASSIGNMENT.—To ensure that anal17 ysis of the most significant regulations occurs, 

18 the Office shall give first priority to, and shall 

19 conduct analyses of, all major rules, as defined 

20 in section 804(2) of title 5, United States Code. 

21 Secondary priority shall be assigned to requests 

22 from committees of the House of Representa23 tives and the Senate. Tertiary priority shall be 

24 assigned to requests from individual Represent25 atives and Senators. 


smartinez on DSKB9S0YB1PROD with BILLS
11 

•HR 214 IH

1 (B) DISCRETION TO DIRECTOR OF OF2 FICE.—The Director of the Office shall have 

3 the discretion to assign priority among the sec4 ondary and tertiary requests. 

5 (b) TRANSFER OF CERTAIN FUNCTIONS UNDER THE

6 UNFUNDED MANDATES REFORM ACT OF 1995 FROM

7 CBO TO OFFICE.— 

8 (1) COST OF REGULATIONS.—Section 103 of 

9 the Unfunded Mandates Reform Act of 1995 (2 

10 U.S.C. 1511) is amended— 

11 (A) in subsection (b), by striking ‘‘the Di12 rector’’ and inserting ‘‘the Director of the Con13 gressional Office of Regulatory Analysis’’; and 

14 (B) in subsection (c), by inserting after 

15 ‘‘Budget Office’’ the following: ‘‘or the Director 

16 of the Congressional Office of Regulatory Anal17 ysis’’. 

18 (2) ASSISTANCE TO THE CONGRESSIONAL OF19 FICE OF REGULATORY ANALYSIS.—Section 206 of 

20 the Unfunded Mandates Reform Act of 1995 (2 

21 U.S.C. 1536) is amended— 

22 (A) by amending the section heading to 

23 read as follows: ‘‘SEC. 206. ASSISTANCE TO

24 THE CONGRESSIONAL OFFICE OF REGU25 LATORY ANALYSIS.’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
12 

•HR 214 IH

1 (B) in paragraph (2), by striking ‘‘the Di2 rector of the Congressional Budget Office’’ and 

3 inserting ‘‘the Director of the Congressional Of4 fice of Regulatory Analysis’’. 

5 (c) OTHER REPORTS.—In addition to the analyses of 

6 major and nonmajor rules described in subsection (a), the 

7 Office shall also issue an annual report including esti8 mates of the total costs and benefits of all existing Federal 

9 regulations. 

10 SEC. 103. EFFECTIVE DATE. 

11 This title and the amendments made by this title 

12 shall take effect 180 days after the date of the enactment 

13 of this Act. 

14 TITLE II—REGULATORY SUNSET 

15 AND REVIEW 

16 SEC. 201. PURPOSES. 

17 The purposes of this title are— 

18 (1) to require agencies to regularly review their 

19 significant rules to determine whether they should be 

20 continued without change, modified, consolidated 

21 with another rule, or terminated; 

22 (2) to require agencies to consider the com23 ments of the public, the regulated community, and 

24 the Congress regarding the actual costs and burdens 

25 of rules being reviewed under this title, and whether 


smartinez on DSKB9S0YB1PROD with BILLS
13 

•HR 214 IH

1 the rules are obsolete, unnecessary, duplicative, con2 flicting, or otherwise inconsistent; 

3 (3) to require that any rules continued in effect 

4 under this title meet all the legal requirements that 

5 would apply to the issuance of a new rule, including 

6 any applicable Federal cost-benefit and risk assess7 ment requirements; 

8 (4) to provide for the review of significant rules 

9 and other rules through a sunset review process and 

10 to provide for the repeal or other change in such 

11 rules in accordance with chapters 5 and 7 of title 5, 

12 United States Code; 

13 (5) to provide for a petition process that allows 

14 the public and appropriate committees of the Con15 gress to request that other rules that are not signifi16 cant be reviewed in the same manner as significant 

17 rules; and 

18 (6) to require the Administrator to coordinate 

19 and be responsible for sunset reviews conducted by 

20 the agencies. 

21 SEC. 202. REVIEW OF REGULATIONS. 

22 A covered rule shall be subject to review in accord23 ance with this title. Upon completion of such review, the 

24 agency which has jurisdiction over such rule shall— 


smartinez on DSKB9S0YB1PROD with BILLS
14 

•HR 214 IH

1 (1) issue a final report under section 207(c)(2) 

2 continuing such rule; or 

3 (2) conduct a rulemaking in accordance with 

4 section 207(d) to modify, consolidate with another 

5 rule, or terminate such rule. 

6 SEC. 203. COVERED RULES. 

7 (a) COVERED RULES.—For purposes of this title, a 

8 covered rule is a rule that— 

9 (1) is determined by the Administrator to be a 

10 significant rule under subsection (b); or 

11 (2) is any other rule designated by the agency 

12 which has jurisdiction over such rule or by the Ad13 ministrator under this title for sunset review. 

14 (b) SIGNIFICANT RULES.—For purposes of this title, 

15 a significant rule is a rule that the Administrator deter16 mines— 

17 (1) has resulted in or is likely to result in an 

18 annual effect on the economy of $100,000,000 or 

19 more; 

20 (2) is a major rule, as defined in section 804(2) 

21 of title 5, United States Code; or 

22 (3) was issued pursuant to a significant regu23 latory action, as that term is defined in Executive 

24 Order 12866 (5 U.S.C. 601 note; relating to regu25 latory planning and review). 


smartinez on DSKB9S0YB1PROD with BILLS
15 

•HR 214 IH

1 (c) PUBLIC PETITIONS.— 

2 (1) IN GENERAL.—Any person adversely af3 fected by a rule that is not a significant rule may 

4 submit a petition to the agency which has jurisdic5 tion over the rule requesting that such agency des6 ignate the rule for sunset review. Such agency shall 

7 designate the rule for sunset review unless such 

8 agency determines that it would not be in the public 

9 interest to conduct a sunset review of the rule. In 

10 making such determination, such agency shall take 

11 into account the number and nature of other peti12 tions received on the same rule, whether or not they 

13 have already been denied. 

14 (2) FORM AND CONTENT OF PETITION.—A pe15 tition under paragraph (1)— 

16 (A) shall be in writing, but is not otherwise 

17 required to be in any particular form; 

18 (B) shall identify the rule for which sunset 

19 review is requested with reasonable specificity 

20 and state on its face that the petitioner seeks 

21 sunset review of the rule; and 

22 (C) shall be accompanied by a $20 proc23 essing fee. 

24 (3) RESPONSE REQUIRED FOR NONCOMPLYING

25 PETITIONS.—If such agency determines that a petiVerDate Mar 15 2010 04:12 Jan 12, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H214.IH H214

smartinez on DSKB9S0YB1PROD with BILLS
16 

•HR 214 IH

1 tion does not meet the requirements of this sub2 section, such agency shall provide a response to the 

3 petitioner within 30 days after receiving the petition, 

4 notifying the petitioner of the problem and providing 

5 information on how to formulate a petition that 

6 meets those requirements. 

7 (4) DECISION WITHIN 90 DAYS.—Within the 90- 

8 day period beginning on the date of receiving a peti9 tion that meets the requirements of this subsection, 

10 such agency shall transmit a response to the peti11 tioner stating whether the petition was granted or 

12 denied, except that such agency may extend such pe13 riod by a total of not more than 30 days. 

14 (5) PETITIONS DEEMED GRANTED FOR SUB15 STANTIAL INEXCUSABLE DELAY.—A petition for 

16 sunset review of a rule is deemed to have been 

17 granted by such agency, and such agency is deemed 

18 to have designated the rule for sunset review, if a 

19 court finds there is a substantial and inexcusable 

20 delay, beyond the period specified in paragraph (4), 

21 in notifying the petitioner of such agency’s deter22 mination to grant or deny the petition. 

23 (6) PUBLIC LOG.—Such agency shall maintain 

24 a public log of petitions submitted under this subVerDate Mar 15 2010 04:12 Jan 12, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H214.IH H214

smartinez on DSKB9S0YB1PROD with BILLS
17 

•HR 214 IH

1 section, that includes the status or disposition of 

2 each petition. 

3 (d) CONGRESSIONAL REQUESTS.— 

4 (1) IN GENERAL.—An appropriate committee of 

5 the Congress, or a majority of the majority party 

6 members or a majority of nonmajority party mem7 bers of such a committee, may request in writing 

8 that the Administrator designate any rule that is not 

9 a significant rule for sunset review. The Adminis10 trator shall designate such rule for sunset review 

11 within 30 days after receipt of such a request unless 

12 the Administrator determines that it would not be in 

13 the public interest to conduct a sunset review of 

14 such rule. 

15 (2) NOTICE OF DENIAL.—If the Administrator 

16 denies a congressional request under this subsection, 

17 the Administrator shall transmit to the congressional 

18 committee making the request a notice stating the 

19 reasons for the denial. 

20 (e) PUBLICATION OF NOTICE OF DESIGNATION FOR

21 SUNSET REVIEW.—After designating a rule under sub22 section (c) or (d) for sunset review, the agency or the Ad23 ministrator shall promptly publish a notice of that des24 ignation in the Federal Register. 


smartinez on DSKB9S0YB1PROD with BILLS
18 

•HR 214 IH

1 SEC. 204. CRITERIA FOR SUNSET REVIEW. 

2 (a) COMPLIANCE WITH OTHER LAWS.—In order for 

3 any rule subject to sunset review to continue without 

4 change or to be modified or consolidated in accordance 

5 with this title, such rule must be authorized by law and 

6 meet all applicable requirements that would apply if it 

7 were issued as a new rule pursuant to section 553 of title 

8 5, United States Code, or other statutory rulemaking pro9 cedures required for that rule. For purposes of this sec10 tion, the term ‘‘applicable requirements’’ includes any re11 quirement for cost-benefit analysis and any requirement 

12 for standardized risk analysis and risk assessment. 

13 (b) GOVERNING LAW.—If there is a conflict between 

14 such applicable requirements and an Act under which a 

15 rule was issued, the conflict shall be resolved in the same 

16 manner as such conflict would be resolved if the agency 

17 were issuing a new rule. 

18 SEC. 205. SUNSET REVIEW PROCEDURES. 

19 (a) FUNCTIONS OF THE ADMINISTRATOR.— 

20 (1) NOTICE OF RULES SUBJECT TO REVIEW.— 

21 (A) INVENTORY AND FIRST LIST.—Within 

22 one year after the date of the enactment of this 

23 Act, the Administrator shall conduct an inven24 tory of existing rules and publish a first list of 

25 covered rules. The list shall— 


smartinez on DSKB9S0YB1PROD with BILLS
19 

•HR 214 IH

1 (i) specify the particular group to 

2 which each significant rule is assigned 

3 under paragraph (2), and state the review 

4 deadline for all significant rules in each 

5 such group; and 

6 (ii) include other rules subject to sun7 set review for any other reason, and state 

8 the review deadline for each such rule. 

9 (B) SUBSEQUENT LISTS.—After publica10 tion of the first list under subparagraph (A), 

11 the Administrator shall publish an updated list 

12 of covered rules at least annually, specifying the 

13 review deadline for each rule on the list. 

14 (2) GROUPING OF SIGNIFICANT RULES IN FIRST

15 LIST.— 

16 (A) STAGGERED REVIEW.—The Adminis17 trator shall assign each significant rule in effect 

18 on the date of enactment of this Act to one of 

19 4 groups established by the Administrator to 

20 permit orderly and prioritized sunset reviews, 

21 and specify for each group an initial review 

22 deadline in accordance with section 206(a)(1). 

23 (B) PRIORITIZATIONS.—In determining 

24 which rules shall be given priority in time in 

25 that assignment, the Administrator shall conVerDate Mar 15 2010 04:12 Jan 12, 2011 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H214.IH H214

smartinez on DSKB9S0YB1PROD with BILLS
20 

•HR 214 IH

1 sult with appropriate agencies, and shall 

2 prioritize rule based on— 

3 (i) the grouping of related rules in ac4 cordance with paragraph (3); 

5 (ii) the extent of the cost of each rule 

6 and on the regulated community and the 

7 public, with priority in time given to those 

8 rules that impose the greatest cost; 

9 (iii) consideration of the views of reg10 ulated persons, including State and local 

11 governments; 

12 (iv) whether a particular rule has re13 cently been subject to cost-benefit analysis 

14 and risk assessment, with priority in time 

15 given to those rules that have not been 

16 subject to such analysis and assessment; 

17 (v) whether a particular rule was 

18 issued under a statutory provision that 

19 provides relatively greater discretion to an 

20 official in issuing the rule, with priority in 

21 time given to those rules that were issued 

22 under provisions that provide relatively 

23 greater discretion; 

24 (vi) the burden of reviewing each rule 

25 on the reviewing agency; and 


smartinez on DSKB9S0YB1PROD with BILLS
21 

•HR 214 IH

1 (vii) the need for orderly processing 

2 and the timely completion of the sunset re3 views of existing rules. 

4 (3) GROUPING OF RELATED RULES.—The Ad5 ministrator shall group related rules under para6 graph (2) (and designate other rules) for simulta7 neous sunset review based upon their subject matter 

8 similarity, functional interrelationships, and other 

9 relevant factors to ensure comprehensive and coordi10 nated review of redundant, overlapping, and con11 flicting rules and requirements. The Administrator 

12 shall ensure simultaneous sunset reviews of covered 

13 rules without regard to whether they were issued by 

14 the same agency, and shall designate any other rule 

15 for sunset review that is necessary for a comprehen16 sive sunset review whether or not such other rule is 

17 otherwise a covered rule under this title. 

18 (4) GUIDANCE.—The Administrator shall pro19 vide timely guidance to agencies on the conduct of 

20 sunset reviews and the preparation of sunset review 

21 notices and reports required by this title to ensure 

22 uniform, complete, and timely sunset reviews and to 

23 ensure notice and opportunity for public comment 

24 consistent with section 207. 


smartinez on DSKB9S0YB1PROD with BILLS
22 

•HR 214 IH

1 (5) REVIEW AND EVALUATION OF REPORTS.— 

2 The Administrator shall review and evaluate each 

3 preliminary and final report submitted by the agency 

4 pursuant to this section. Within 90 days after re5 ceiving a preliminary report, the Administrator shall 

6 transmit comments to the head of the agency re7 garding— 

8 (A) the quality of the analysis in the re9 port, including whether the agency has properly 

10 applied section 204; 

11 (B) the consistency of the agency’s pro12 posed action with actions of other agencies; and 

13 (C) whether the rule should be continued 

14 without change, modified, consolidated with an15 other rule, or terminated. 

16 (b) AGENCY SUNSET REVIEW PROCEDURE.— 

(1) SUNSET REVIEW NOTICE.—At least 21 17 ⁄2

18 years before the review deadline under section 

19 206(a) for a covered rule issued by an agency, the 

20 agency shall— 

21 (A) publish a sunset review notice in ac22 cordance with section 207(a) in the Federal 

23 Register and, to the extent reasonable and 

24 practicable, in other publications or media that 


smartinez on DSKB9S0YB1PROD with BILLS
23 

•HR 214 IH

1 are designed to reach those persons most af2 fected by the covered rule; and 

3 (B) request the views of the Administrator 

4 and the appropriate committees of the Congress 

5 on whether to continue without change, modify, 

6 consolidate, or terminate the covered rule. 

7 (2) PRELIMINARY REPORT.—In reviewing a cov8 ered rule, the agency shall— 

9 (A) consider public comments and other 

10 recommendations generated by a sunset review 

11 notice under paragraph (1); and 

12 (B) at least one year before the review 

13 deadline under section 206(a) for the covered 

14 rule, publish in the Federal Register, in accord15 ance with section 207(b), and transmit to the 

16 Administrator and the appropriate committees 

17 of the Congress a preliminary report. 

18 (3) FINAL REPORT.—The agency shall consider 

19 the public comments and other recommendations 

20 generated by the preliminary report under para21 graph (2) for a covered rule, and shall consult with 

22 the appropriate committees of the Congress before 

23 issuing a final report. At least 90 days before the re24 view deadline of the covered rule, the agency shall 

25 publish in the Federal Register, in accordance with 


smartinez on DSKB9S0YB1PROD with BILLS
24 

•HR 214 IH

1 section 207(c)(2) or 207(d), and transmit a final re2 port to the Administrator and the appropriate com3 mittees of the Congress. 

4 (4) OPEN PROCEDURES REGARDING SUNSET

5 REVIEW.—In any sunset review conducted pursuant 

6 to this title, the agency conducting the review shall 

7 make a written record describing the subject of all 

8 contacts the agency or Administrator made with 

9 non-governmental persons outside the agency relat10 ing to such review. The written record of such con11 tact shall be made available, upon request, to the 

12 public. 

13 (c) EFFECTIVENESS OF AGENCY RECOMMENDA14 TION.—If a final report under subsection (b)(3) rec15 ommends that a covered rule should be continued without 

16 change, the covered rule shall be continued. If a final re17 port under subsection (b)(3) recommends that a covered 

18 rule should be modified, consolidated with another rule, 

19 or terminated, the rule may be modified, so consolidated, 

20 or terminated in accordance with section 207(d). 

21 (d) PRESERVATION OF INDEPENDENCE OF FEDERAL

22 BANK REGULATORY AGENCIES.—The head of any appro23 priate Federal banking agency (as that term is defined 

24 in section 3(q) of the Federal Deposit Insurance Act (12 

25 U.S.C. 1813(q)), the Federal Housing Finance Board, the 


smartinez on DSKB9S0YB1PROD with BILLS
25 

•HR 214 IH

1 National Credit Union Administration, and the Office of 

2 Federal Housing Enterprise Oversight shall have the au3 thority with respect to that agency that would otherwise 

4 be granted under section 206(a)(2)(B) to the Adminis5 trator or other officer designated by the President. 

6 SEC. 206. REVIEW DEADLINES FOR COVERED RULES. 

7 (a) IN GENERAL.— 

8 (1) EXISTING SIGNIFICANT RULES.—For a sig9 nificant rule in effect on the date of the enactment 

10 of this Act, the initial review deadline is the last day 

11 of the 4-year, 5-year, 6-year, or 7-year period begin12 ning on the date of the enactment of this Act, as 

13 specified by the Administrator under section 

14 205(a)(2)(A). For any significant rule that 6 months 

15 after the date of enactment is not assigned to such 

16 a group specified under section 205(a)(2)(A), the 

17 initial review deadline is the last day of the 4-year 

18 period beginning on the date of enactment of this 

19 Act. 

20 (2) NEW SIGNIFICANT RULES.—For a signifi21 cant rule that first takes effect after the date of the 

22 enactment of this Act, the initial review deadline is 

23 the last day of either— 

24 (A) the 3-year period beginning on the 

25 date the rule takes effect; or 


smartinez on DSKB9S0YB1PROD with BILLS
26 

•HR 214 IH

1 (B) if the Administrator determines as 

2 part of the rulemaking process that the rule is 

3 issued pursuant to negotiated rulemaking pro4 cedures or that compliance with the rule re5 quires substantial capital investment, the 7-year 

6 period beginning on the date the rule takes ef7 fect. 

8 (3) RULES COVERED PURSUANT TO PUBLIC PE9 TITION OR CONGRESSIONAL REQUEST.—For any rule 

10 subject to sunset review pursuant to a public peti11 tion under section 203(c) or a congressional request 

12 under section 203(d), the initial review deadline is 

13 the last day of the 3-year period beginning on— 

14 (A) the date the agency or Administrator 

15 so designates the rule for review; or 

16 (B) the date of issuance of a final court 

17 order that the agency is deemed to have des18 ignated the rule for sunset review. 

19 (4) RELATED RULE DESIGNATED FOR RE20 VIEW.—For a rule that the Administrator designates 

21 under section 205(a)(3) for sunset review because it 

22 is related to another covered rule and that is 

23 grouped with that other rule for simultaneous re24 view, the initial review deadline is the same as the 

25 review deadline for that other rule. 


smartinez on DSKB9S0YB1PROD with BILLS
27 

•HR 214 IH

1 (b) TEMPORARY EXTENSION.—The review deadline 

2 under subsection (a) for a covered rule may be extended 

3 by the Administrator for not more than 6 months by pub4 lishing notice thereof in the Federal Register that de5 scribes reasons why the temporary extension is necessary 

6 to respond to or prevent an emergency situation. 

7 (c) DETERMINATIONS WHERE RULES HAVE BEEN

8 AMENDED.—For purposes of this title, if various provi9 sions of a covered rule were issued at different times, then 

10 the rule as a whole shall be treated as if it were issued 

11 on the later of— 

12 (1) the date of issuance of the provision of the 

13 rule that was issued first; or 

14 (2) the date the most recent review and revision 

15 of the rule under this title was completed. 

16 SEC. 207. SUNSET REVIEW NOTICES AND AGENCY REPORTS. 

17 (a) SUNSET REVIEW NOTICE.—The sunset review 

18 notice under section 205(b)(1) for a rule shall— 

19 (1) request comments regarding whether the 

20 rule should be continued without change, modified, 

21 consolidated with another rule, or terminated; 

22 (2) if applicable, request comments regarding 

23 whether the rule meets the applicable Federal cost24 benefit and risk assessment criteria; and 


smartinez on DSKB9S0YB1PROD with BILLS
28 

•HR 214 IH

1 (3) solicit comments about the past implemen2 tation and effects of the rule, including— 

3 (A) the direct and indirect costs incurred 

4 because of the rule, including the net reduction 

5 in the value of private property (whether real, 

6 personal, tangible, or intangible), and whether 

7 the incremental benefits of the rule exceeded 

8 the incremental costs of the rule, both generally 

9 and regarding each of the specific industries 

10 and sectors it covers; 

11 (B) whether the rule as a whole, or any 

12 major feature of it, is outdated, obsolete, or un13 necessary, whether by change of technology, the 

14 marketplace, or otherwise; 

15 (C) the extent to which the rule or infor16 mation required to comply with the rule dupli17 cated, conflicted, or overlapped with require18 ments under rules of other agencies; 

19 (D) in the case of a rule addressing a risk 

20 to health or safety or the environment, what the 

21 perceived risk was at the time of issuance and 

22 to what extent the risk predictions were accu23 rate; 

24 (E) whether the rule unnecessarily im25 peded domestic or international competition or 


smartinez on DSKB9S0YB1PROD with BILLS
29 

•HR 214 IH

1 unnecessarily intruded on free market forces, 

2 and whether the rule unnecessarily interfered 

3 with opportunities or efforts to transfer to the 

4 private sector duties carried out by the Govern5 ment; 

6 (F) whether, and to what extent, the rule 

7 imposed unfunded mandates on, or otherwise 

8 affected, State and local governments; 

9 (G) whether compliance with the rule re10 quired substantial capital investment and 

11 whether terminating the rule on the next review 

12 deadline would create an unfair advantage to 

13 those who are not in compliance with it; 

14 (H) whether the rule constituted the least 

15 cost method of achieving its objective consistent 

16 with the criteria of the Act under which the 

17 rule was issued, and to what extent the rule 

18 provided flexibility to those who were subject to 

19 it; 

20 (I) whether the rule was worded simply 

21 and clearly, including clear identification of 

22 those who were subject to the rule; 

23 (J) whether the rule created negative unin24 tended consequences; 


smartinez on DSKB9S0YB1PROD with BILLS
30 

•HR 214 IH

1 (K) the extent to which information re2 quirements under the rule can be reduced; and 

3 (L) the extent to which the rule has con4 tributed positive benefits, particularly health or 

5 safety or environmental benefits. 

6 (b) PRELIMINARY REPORTS ON SUNSET REVIEWS.— 

7 The preliminary report under section 205(b)(2) on the 

8 sunset review of a rule shall request public comments and 

9 contain— 

10 (1) specific requests for factual findings and 

11 recommended legal conclusions regarding the appli12 cation of section 204 to the rule, the continued need 

13 for the rule, and whether the rule duplicates func14 tions of another rule; 

15 (2) a request for comments on whether the rule 

16 should be continued without change, modified, con17 solidated with another rule, or terminated; and 

18 (3) if consolidation or modification of the rule 

19 is recommended, suggestions for the proposed text of 

20 the consolidated or modified rule. 

21 (c) FINAL REPORTS ON SUNSET REVIEWS.— 

22 (1) IN GENERAL.—A final report under section 

23 205(b)(3) on the sunset review of a rule shall— 

24 (A) contain the factual findings and legal 

25 conclusions of the agency conducting the review 


smartinez on DSKB9S0YB1PROD with BILLS
31 

•HR 214 IH

1 regarding the application of section 204 to the 

2 rule and the agency’s proposed recommendation 

3 as to whether the rule should be continued 

4 without change, modified, consolidated with an5 other rule, or terminated; 

6 (B) in the case of a rule that the agency 

7 proposes to continue without change, so state; 

8 (C) in the case of a rule that the agency 

9 proposes to modify or consolidate with another 

10 rule, contain— 

11 (i) a notice of proposed rulemaking 

12 under section 553 of title 5, United States 

13 Code, or under other statutory rulemaking 

14 procedures required for that rule; and 

15 (ii) the text of the rule as so modified 

16 or consolidated; and 

17 (D) in the case of a rule that the agency 

18 proposes to terminate, contain a notice of pro19 posed rulemaking for termination consistent 

20 with paragraph (3)(A). 

21 (2) FINAL REPORT PUBLISHED IN THE FED22 ERAL REGISTER.—A final report under section 

23 205(b)(3) shall be published in the Federal Register. 

24 (d) RULEMAKING.—In the case of a final report on 

25 a rule described in subparagraphs (C) or (D) of subsection 


smartinez on DSKB9S0YB1PROD with BILLS
32 

•HR 214 IH

1 (c)(1), the final report shall be published in the Federal 

2 Register and its publication shall constitute publication of 

3 the notice required by subsection (c)(1)(C)(i). After publi4 cation of a final report on a rule described in subpara5 graphs (C) or (D) of subsection (c)(1) on a sunset review 

6 of a rule, the agency which conducted such review shall 

7 conduct the rulemaking which is called for in such report. 

8 SEC. 208. DESIGNATION OF AGENCY REGULATORY REVIEW 

9 OFFICER. 

10 The head of each agency shall designate an officer 

11 of the agency as the Regulatory Review Officer of the 

12 agency. The Regulatory Review Officer of an agency shall 

13 be responsible for the implementation of this title by the 

14 agency and shall report directly to the head of the agency 

15 and the Administrator with respect to that responsibility. 

16 SEC. 209. RELATIONSHIP TO OTHER LAW. 

17 Nothing in this title is intended to supersede the pro18 visions of chapters 5, 6, and 7 of title 5, United States 

19 Code. 

20 SEC. 210. EFFECT OF TERMINATION OF A COVERED RULE. 

21 (a) EFFECT OF TERMINATION, GENERALLY.—If a 

22 covered rule is terminated pursuant to this title— 

23 (1) this title shall not be construed to prevent 

24 the President or an agency from exercising any auVerDate Mar 15 2010 04:12 Jan 12, 2011 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H214.IH H214

smartinez on DSKB9S0YB1PROD with BILLS
33 

•HR 214 IH

1 thority that otherwise exists to implement the stat2 ute under which the rule was issued; 

3 (2) in an agency proceeding or court action be4 tween an agency and a non-agency party, the rule 

5 shall be given no conclusive legal effect but may be 

6 submitted as evidence of prior agency practice and 

7 procedure; and 

8 (3) this title shall not be construed to prevent 

9 the continuation or institution of any enforcement 

10 action that is based on a violation of the rule that 

11 occurred before the effectiveness of the rule termi12 nated. 

13 (b) EFFECT ON DEADLINES.— 

14 (1) IN GENERAL.—Notwithstanding subsection 

15 (a), any deadline for, relating to, or involving any 

16 action dependent upon, any rule terminated under 

17 this title is suspended until the agency that issued 

18 the rule issues a new rule on the same matter, un19 less otherwise provided by a law. 

20 (2) DEADLINE DEFINED.—In this subsection, 

21 the term ‘‘deadline’’ means any date certain for ful22 filling any obligation or exercising any authority es23 tablished by or under any Federal rule, or by or 

24 under any court order implementing any Federal 

25 rule. 


smartinez on DSKB9S0YB1PROD with BILLS
34 

•HR 214 IH

1 SEC. 211. JUDICIAL REVIEW. 

2 (a) IN GENERAL.—A denial or substantial inexcus3 able delay in granting or denying a petition under section 

4 203(c) shall be considered final agency action subject to 

5 review under section 702 of title 5, United States Code. 

6 A denial of a congressional request under section 203(d) 

7 shall not be subject to judicial review. 

8 (b) TIME LIMITATION ON FILING A CIVIL ACTION.— 

9 Notwithstanding any other provisions of law, an action 

10 seeking judicial review of a final agency action under this 

11 title may not be brought— 

12 (1) in the case of a final agency action denying 

13 a public petition under section 203(c) or continuing 

14 without change, modifying, consolidating, or termi15 nating a covered rule, more than 30 days after the 

16 date of that agency action; or 

17 (2) in the case of an action challenging a delay 

18 in deciding on a petition for a rule under section 

19 203(c), more than 1 year after the period applicable 

20 to the rule under section 203(c)(4). 

21 (c) AVAILABILITY OF JUDICIAL REVIEW UNAF22 FECTED.—Except to the extent that there is a direct con23 flict with the provisions of this title, nothing in this title 

24 is intended to affect the availability or standard of judicial 

25 review for agency regulatory action. 


smartinez on DSKB9S0YB1PROD with BILLS
35 

•HR 214 IH

1 SEC. 212. DEFINITIONS. 

2 In this title: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Office of In5 formation and Regulatory Affairs in the Office of 

6 Management and Budget. 

7 (2) AGENCY.—The term ‘‘agency’’ has the 

8 meaning given that term in section 551(1) of title 5, 

9 United States Code. 

10 (3) APPROPRIATE COMMITTEE OF THE CON11 GRESS.—The term ‘‘appropriate committee of the 

12 Congress’’ means, with respect to a rule, each stand13 ing committee of Congress having authority under 

14 the rules of the House of Representatives or the 

15 Senate to report a bill to amend the provision of law 

16 under which the rule is issued. 

17 (4) RULE.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B), the term ‘‘rule’’ means any agency 

20 statement of general applicability and future ef21 fect, including agency guidance documents, de22 signed to implement, interpret, or prescribe law 

23 or policy, or describing the procedures or prac24 tices of an agency, or intended to assist in such 

25 actions, but does not include— 


smartinez on DSKB9S0YB1PROD with BILLS
36 

•HR 214 IH

1 (i) regulations or other agency state2 ments issued in accordance with formal 

3 rulemaking provisions of sections 556 and 

4 557 of title 5, United States Code, or in 

5 accordance with other statutory formal 

6 rulemaking procedures required for such 

7 regulations or statements; 

8 (ii) regulations or other agency state9 ments that are limited to agency organiza10 tion, management, or personnel matters; 

11 (iii) regulations or other agency state12 ments issued with respect to a military or 

13 foreign affairs function of the United 

14 States; 

15 (iv) regulations, statements, or other 

16 agency actions that are reviewed and usu17 ally modified each year (or more fre18 quently), or are reviewed regularly and 

19 usually modified based on changing eco20 nomic or seasonal conditions; 

21 (v) regulations or other agency actions 

22 that grant an approval, license, permit, 

23 registration, or similar authority or that 

24 grant or recognize an exemption or relieve 

25 a restriction, or any agency action necVerDate Mar 15 2010 04:12 Jan 12, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H214.IH H214

smartinez on DSKB9S0YB1PROD with BILLS
37 

•HR 214 IH

1 essary to permit new or improved applica2 tions of technology or to allow the manu3 facture, distribution, sale, or use of a sub4 stance or product; and 

5 (vi) regulations or other agency state6 ments that the Administrator certifies in 

7 writing are necessary for the enforcement 

8 of the Federal criminal laws. 

9 (B) SCOPE OF A RULE.—For purposes of 

10 this title, each set of rules designated in the 

11 Code of Federal Regulations as a part shall be 

12 treated as one rule. Each set of rules that do 

13 not appear in the Code of Federal Regulations 

14 and that are comparable to a part of that Code 

15 under guidelines established by the Adminis16 trator shall be treated as one rule. 

17 (5) SUNSET REVIEW.—The term ‘‘sunset re18 view’’ means a review of a rule under this title. 

19 SEC. 213. EFFECTIVE DATE. 

20 This title shall take effect on the date of the enact21 ment of this Act. 


smartinez on DSKB9S0YB1PROD with BILLS
38 

•HR 214 IH

1 SEC. 214. SUNSET OF THIS TITLE. 

2 This title shall have no force or effect after the 10- 

3 year period beginning on the date of the enactment of this 

4 Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS