I 

113TH CONGRESS 

1ST SESSION H. R. 309 

To require the periodic review and automatic termination of Federal 

regulations. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2013 

Mr. HULTGREN (for himself, Mr. GARRETT, Mr. RIBBLE, Mr. FRANKS of Arizona, and Mr. WESTMORELAND) introduced the following bill; which was 

referred to the Committee on Oversight and Government Reform, and in 

addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require the periodic review and automatic termination 

of Federal regulations. 

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 and 

5 Review Act of 2013’’. 

6 SEC. 2. PURPOSE. 

7 The purposes of this Act are— 


tjames on DSK6SPTVN1PROD with 
2 

•HR 309 IH

1 (1) to require agencies to regularly review their 

2 significant rules to determine whether they should be 

3 continued without change, modified, consolidated 

4 with another rule, or terminated; 

5 (2) to require agencies to consider the com6 ments of the public, the regulated community, and 

7 the Congress regarding the actual costs and burdens 

8 of rules being reviewed under this Act, and whether 

9 the rules are obsolete, unnecessary, duplicative, con10 flicting, or otherwise inconsistent; 

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

12 under this Act meet all the legal requirements that 

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

14 any applicable Federal cost-benefit and risk assess15 ment requirements; 

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

17 and other rules through a sunset review process and 

18 to provide for the repeal or other change in such 

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

20 United States Code; 

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

22 the public and appropriate committees of the Con23 gress to request that other rules that are not signifi24 cant be reviewed in the same manner as significant 

25 rules; and 


tjames on DSK6SPTVN1PROD with 
3 

•HR 309 IH

1 (6) to require the Administrator to coordinate 

2 and be responsible for sunset reviews conducted by 

3 the agencies. 

4 SEC. 3. REVIEW OF REGULATIONS. 

5 A covered rule shall be subject to review in accord6 ance with this Act. Upon completion of such review, the 

7 agency which has jurisdiction over such rule shall— 

8 (1) issue a final report under section 8(c)(2) 

9 continuing such rule, or 

10 (2) conduct a rulemaking in accordance with 

11 section 8(d) to modify, consolidate with another rule, 

12 or terminate such rule. 

13 SEC. 4. RULES COVERED. 

14 (a) COVERED RULES.—For purposes of this Act, a 

15 covered rule is a rule that— 

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

17 significant rule under subsection (b); or 

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

19 which has jurisdiction over such rule or the Adminis20 trator under this Act for sunset review. 

21 (b) SIGNIFICANT RULES.—For purposes of this Act, 

22 a significant rule is a rule that the Administrator deter23 mines— 


tjames on DSK6SPTVN1PROD with 
4 

•HR 309 IH

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

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

3 more; 

4 (2) is a major rule; or 

5 (3) was issued pursuant to a significant regu6 latory action, as that term is defined in Executive 

7 Order 12866 (as in effect on the first date that Ex8 ecutive order was in effect). 

9 (c) PUBLIC PETITIONS.— 

10 (1) IN GENERAL.—Any person adversely af11 fected by a rule that is not a significant rule may 

12 submit a petition to the agency which has jurisdic13 tion over the rule requesting that such agency des14 ignate the rule for sunset review. Such agency shall 

15 designate the rule for sunset review unless such 

16 agency determines that it would not be in the public 

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

18 making such determination, such agency shall take 

19 into account the number and nature of other peti20 tions received on the same rule and whether or not 

21 such petitions have been denied. 

22 (2) FORM AND CONTENT OF PETITION.—A pe23 tition under paragraph (1)— 

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

25 required to be in any particular form; and 


tjames on DSK6SPTVN1PROD with 
5 

•HR 309 IH

1 (B) shall identify the rule for which sunset 

2 review is requested with reasonable specificity 

3 and state on its face that the petitioner seeks 

4 sunset review of the rule. 

5 (3) RESPONSE REQUIRED FOR NONCOMPLYING

6 PETITIONS.—If an agency determines that a petition 

7 does not meet the requirements of this subsection, 

8 the agency shall provide a response to the petitioner 

9 within 30 days after receiving the petition, notifying 

10 the petitioner of the problem and providing informa11 tion on how to formulate a petition that meets those 

12 requirements. 

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

14 day period beginning on the date of receiving a peti15 tion that meets the requirements of this subsection, 

16 the agency shall transmit a response to the peti17 tioner stating whether the petition was granted or 

18 denied, except that the agency may extend such pe19 riod by a total of not more than 30 days. 

20 (5) PETITIONS DEEMED GRANTED FOR SUB21 STANTIAL INEXCUSABLE DELAY.—A petition for 

22 sunset review of a rule is deemed to have been 

23 granted by an agency, and such agency is deemed to 

24 have designated the rule for sunset review, if a court 

25 finds there is a substantial and inexcusable delay, 


tjames on DSK6SPTVN1PROD with 
6 

•HR 309 IH

1 beyond the period specified in paragraph (4), in no2 tifying the petitioner of the agency’s determination 

3 to grant or deny the petition. 

4 (6) PUBLIC LOG.—Each agency shall maintain 

5 a public log of petitions submitted under this sub6 section, that includes the status or disposition of 

7 each petition. 

8 (d) CONGRESSIONAL REQUESTS.— 

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

10 the Congress, or a majority of the majority party 

11 members or a majority of nonmajority party mem12 bers of such committee, may request in writing that 

13 the Administrator designate any rule that is not a 

14 significant rule for sunset review. The Administrator 

15 shall designate such rule for sunset review within 30 

16 days after receipt of such request unless the Admin17 istrator determines that it would not be in the public 

18 interest to conduct a sunset review of such rule. 

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

20 denies a congressional request under this subsection, 

21 the Administrator shall transmit to the congressional 

22 committee making the request a notice stating the 

23 reasons for the denial. 

24 (e) PUBLICATION OF NOTICE OF DESIGNATION FOR

25 SUNSET REVIEW.—After designating a rule under subVerDate Mar 15 2010 02:13 Jan 19, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H309.IH H309

tjames on DSK6SPTVN1PROD with 
7 

•HR 309 IH

1 section (c) or (d) for sunset review, the agency or the Ad2 ministrator shall promptly publish a notice of that des3 ignation in the Federal Register. 

4 SEC. 5. CRITERIA FOR SUNSET REVIEW. 

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

6 any rule subject to sunset review to continue without 

7 change or to be modified or consolidated in accordance 

8 with this Act, such rule must be authorized by law and 

9 meet all applicable requirements that would apply if it 

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

11 5, United States Code, or other statutory rulemaking pro12 cedures required for that rule. For purposes of this sec13 tion, the term ‘‘applicable requirements’’ includes any re14 quirement for cost-benefit analysis and any requirement 

15 for standardized risk analysis and risk assessment. 

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

17 applicable requirements and an Act under which a rule 

18 was issued, the conflict shall be resolved in the same man19 ner as such conflict would be resolved if the agency were 

20 issuing a new rule. 

21 SEC. 6. SUNSET REVIEW PROCEDURES. 

22 (a) FUNCTIONS OF THE ADMINISTRATOR.— 

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

24 (A) INVENTORY AND FIRST LIST.—Within 

25 6 months after the date of the enactment of 


tjames on DSK6SPTVN1PROD with 
8 

•HR 309 IH

1 this Act, the Administrator shall conduct an in2 ventory of existing rules and publish a first list 

3 of covered rules. The list shall— 

4 (i) specify the particular group to 

5 which each significant rule is assigned 

6 under paragraph (2), and state the review 

7 deadline for all significant rules in each 

8 such group; and 

9 (ii) include other rules subject to sun10 set review for any other reason, and state 

11 the review deadline for each such rule. 

12 (B) SUBSEQUENT LISTS.—After publica13 tion of the first list under subparagraph (A), 

14 the Administrator shall publish an updated list 

15 of covered rules at least annually, specifying the 

16 review deadline for each rule on the list. 

17 (2) GROUPING OF SIGNIFICANT RULES IN FIRST

18 LIST.— 

19 (A) STAGGERED REVIEW.—The Adminis20 trator shall assign each significant rule in effect 

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

22 4 groups established by the Administrator to 

23 permit orderly and prioritized sunset reviews, 

24 and specify for each group an initial review 

25 deadline in accordance with section 7(a)(1). 


tjames on DSK6SPTVN1PROD with 
9 

•HR 309 IH

1 (B) PRIORITIZATIONS.—In determining 

2 which rules shall be given priority in time in 

3 that assignment, the Administrator shall con4 sult with appropriate agencies, and shall 

5 prioritize rule based on— 

6 (i) the grouping of related rules in ac7 cordance with paragraph (3); 

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

9 and on the regulated community and the 

10 public, with priority in time given to those 

11 rules that impose the greatest cost; 

12 (iii) consideration of the views of reg13 ulated persons, including State and local 

14 governments; 

15 (iv) whether a particular rule has re16 cently been subject to cost-benefit analysis 

17 and risk assessment, with priority in time 

18 given to those rules that have not been 

19 subject to such analysis and assessment; 

20 (v) whether a particular rule was 

21 issued under a statutory provision that 

22 provides relatively greater discretion to an 

23 official in issuing the rule, with priority in 

24 time given to those rules that were issued 


tjames on DSK6SPTVN1PROD with 
10 

•HR 309 IH

1 under provisions that provide relatively 

2 greater discretion; 

3 (vi) the burden of reviewing each rule 

4 on the reviewing agency; and 

5 (vii) the need for orderly processing 

6 and the timely completion of the sunset re7 views of existing rules. 

8 (3) GROUPING OF RELATED RULES.—The Ad9 ministrator shall group related rules under para10 graph (2) (and designate other rules) for simulta11 neous sunset review based upon their subject matter 

12 similarity, functional interrelationships, and other 

13 relevant factors to ensure comprehensive and coordi14 nated review of redundant, overlapping, and con15 flicting rules and requirements. The Administrator 

16 shall ensure simultaneous sunset reviews of covered 

17 rules without regard to whether they were issued by 

18 the same agency, and shall designate any other rule 

19 for sunset review that is necessary for a comprehen20 sive sunset review whether or not such other rule is 

21 otherwise a covered rule under this Act. 

22 (4) GUIDANCE.—The Administrator shall pro23 vide timely guidance to agencies on the conduct of 

24 sunset reviews and the preparation of sunset review 

25 notices and reports required by this Act to ensure 


tjames on DSK6SPTVN1PROD with 
11 

•HR 309 IH

1 uniform, complete, and timely sunset reviews and to 

2 ensure notice and opportunity for public comment 

3 consistent with section 8. 

4 (5) REVIEW AND EVALUATION OF REPORTS.— 

5 The Administrator shall review and evaluate each 

6 preliminary and final report submitted by the agency 

7 pursuant to this section. Within 90 days after re8 ceiving a preliminary report, the Administrator shall 

9 transmit comments to the head of the agency re10 garding— 

11 (A) the quality of the analysis in the re12 port, including whether the agency has properly 

13 applied section 5; 

14 (B) the consistency of the agency’s pro15 posed action with actions of other agencies; and 

16 (C) whether the rule should be continued 

17 without change, modified, consolidated with an18 other rule, or terminated. 

19 (b) AGENCY SUNSET REVIEW PROCEDURE.— 

20 (1) SUNSET REVIEW NOTICE.—At least 30 

21 months before the review deadline under section 7(a) 

22 for a covered rule issued by an agency, the agency 

23 shall— 

24 (A) publish a sunset review notice in ac25 cordance with section 8(a) in the Federal RegVerDate Mar 15 2010 02:13 Jan 19, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H309.IH H309

tjames on DSK6SPTVN1PROD with 
12 

•HR 309 IH

1 ister and, to the extent reasonable and prac2 ticable, in other publications or media that are 

3 designed to reach those persons most affected 

4 by the covered rule; and 

5 (B) request the views of the Administrator 

6 and the appropriate committees of the Congress 

7 on whether to continue without change, modify, 

8 consolidate, or terminate the covered rule. 

9 (2) PRELIMINARY REPORT.—In reviewing a cov10 ered rule, the agency shall— 

11 (A) consider public comments and other 

12 recommendations generated by a sunset review 

13 notice under paragraph (1); and 

14 (B) at least 1 year before the review dead15 line under section 7(a) for the covered rule, 

16 publish in the Federal Register, in accordance 

17 with section 8(b), and transmit to the Adminis18 trator and the appropriate committees of the 

19 Congress a preliminary report. 

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

21 the public comments and other recommendations 

22 generated by the preliminary report under para23 graph (2) for a covered rule, and shall consult with 

24 the appropriate committees of the Congress before 

25 issuing a final report. At least 90 days before the reVerDate Mar 15 2010 02:13 Jan 19, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H309.IH H309

tjames on DSK6SPTVN1PROD with 
13 

•HR 309 IH

1 view deadline of the covered rule, the agency shall 

2 publish in the Federal Register, in accordance with 

3 section 8(c)(2) or 8(d), and transmit a final report 

4 to the Administrator and the appropriate committees 

5 of the Congress. 

6 (4) OPEN PROCEDURES REGARDING SUNSET

7 REVIEW.—In any sunset review conducted pursuant 

8 to this Act, the agency conducting the review shall 

9 make a written record describing the subject of all 

10 contacts the agency or Administrator made with 

11 non-governmental persons outside the agency relat12 ing to such review. The written record of such con13 tact shall be made available, upon request, to the 

14 public. 

15 (c) EFFECTIVENESS OF AGENCY RECOMMENDA16 TION.—If a final report under subsection (b)(3) rec17 ommends that a covered rule should be continued without 

18 change, the covered rule shall be continued. If a final re19 port under subsection (b)(3) recommends that a covered 

20 rule should be modified, consolidated with another rule, 

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

22 or terminated in accordance with section 8(d). 

23 (d) PRESERVATION OF INDEPENDENCE OF FEDERAL

24 BANK REGULATORY AGENCIES.—The head of any appro25 priate Federal banking agency (as that term is defined 


tjames on DSK6SPTVN1PROD with 
14 

•HR 309 IH

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

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

3 National Credit Union Administration, and the Office of 

4 Federal Housing Enterprise Oversight shall have the au5 thority with respect to that agency that would otherwise 

6 be granted under section 7(a)(2)(B) to the Administrator 

7 or other officer designated by the President. 

8 SEC. 7. REVIEW DEADLINES FOR COVERED RULES. 

9 (a) IN GENERAL.—For purposes of this Act, the re10 view deadline of a covered rule is as follows: 

11 (1) EXISTING SIGNIFICANT RULES.—For a sig12 nificant rule in effect on the date of the enactment 

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

14 of the 4-year, 5-year, 6-year, or 7-year period begin15 ning on the date of the enactment of this Act, as 

16 specified by the Administrator under section 

17 6(a)(2)(A). For any significant rule that 6 months 

18 after the date of enactment is not assigned to such 

19 a group specified under section 6(a)(2)(A), the ini20 tial review deadline is the last day of the 4-year pe21 riod beginning on the date of enactment of this Act. 

22 (2) NEW SIGNIFICANT RULES.—For a signifi23 cant rule that first takes effect after the date of the 

24 enactment of this Act, the initial review deadline is 

25 the last day of either— 


tjames on DSK6SPTVN1PROD with 
15 

•HR 309 IH

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

2 date the rule takes effect, or 

3 (B) if the Administrator determines as 

4 part of the rulemaking process that the rule is 

5 issued pursuant to negotiated rulemaking pro6 cedures or that compliance with the rule re7 quires substantial capital investment, the 7-year 

8 period beginning on the date the rule takes ef9 fect. 

10 (3) RULES COVERED PURSUANT TO PUBLIC PE11 TITION OR CONGRESSIONAL REQUEST.—For any rule 

12 subject to sunset review pursuant to a public peti13 tion under section 4(c) or a congressional request 

14 under section 4(d), the initial review deadline is the 

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

16 (A) the date the agency or Administrator 

17 so designates the rule for review; or 

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

19 order that the agency is deemed to have des20 ignated the rule for sunset review. 

21 (4) RELATED RULE DESIGNATED FOR RE22 VIEW.—For a rule that the Administrator designates 

23 under section 6(a)(3) for sunset review because it is 

24 related to another covered rule and that is grouped 

25 with that other rule for simultaneous review, the iniVerDate Mar 15 2010 02:13 Jan 19, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H309.IH H309

tjames on DSK6SPTVN1PROD with 
16 

•HR 309 IH

1 tial review deadline is the same as the review dead2 line for that other rule. 

3 (b) TEMPORARY EXTENSION.—The review deadline 

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

5 by the Administrator for not more than 6 months by pub6 lishing notice thereof in the Federal Register that de7 scribes reasons why the temporary extension is necessary 

8 to respond to or prevent an emergency situation. 

9 (c) DETERMINATIONS WHERE RULES HAVE BEEN

10 AMENDED.—For purposes of this Act, if various provi11 sions of a covered rule were issued at different times, then 

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

13 on the later of— 

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

15 rule that was issued first; or 

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

17 of the rule under this Act was completed. 

18 SEC. 8. SUNSET REVIEW NOTICES AND AGENCY REPORTS. 

19 (a) SUNSET REVIEW NOTICES.—The sunset review 

20 notice under section 6(b)(1) for a rule shall— 

21 (1) request comments regarding whether the 

22 rule should be continued without change, modified, 

23 consolidated with another rule, or terminated; 


tjames on DSK6SPTVN1PROD with 
17 

•HR 309 IH

1 (2) if applicable, request comments regarding 

2 whether the rule meets the applicable Federal cost3 benefit and risk assessment criteria; and 

4 (3) solicit comments about the past implemen5 tation and effects of the rule, including— 

6 (A) the direct and indirect costs incurred 

7 because of the rule, including the net reduction 

8 in the value of private property (whether real, 

9 personal, tangible, or intangible), and whether 

10 the incremental benefits of the rule exceeded 

11 the incremental costs of the rule, both generally 

12 and regarding each of the specific industries 

13 and sectors it covers; 

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

15 major feature of it, is outdated, obsolete, or un16 necessary, whether by change of technology, the 

17 marketplace, or otherwise; 

18 (C) the extent to which the rule or infor19 mation required to comply with the rule dupli20 cated, conflicted, or overlapped with require21 ments under rules of other agencies; 

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

23 to health or safety or the environment, what the 

24 perceived risk was at the time of issuance and 


tjames on DSK6SPTVN1PROD with 
18 

•HR 309 IH

1 to what extent the risk predictions were accu2 rate; 

3 (E) whether the rule unnecessarily im4 peded domestic or international competition or 

5 unnecessarily intruded on free market forces, 

6 and whether the rule unnecessarily interfered 

7 with opportunities or efforts to transfer to the 

8 private sector duties carried out by the Govern9 ment; 

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

11 imposed unfunded mandates on, or otherwise 

12 affected, State and local governments; 

13 (G) whether compliance with the rule re14 quired substantial capital investment and 

15 whether terminating the rule on the next review 

16 deadline would create an unfair advantage to 

17 those who are not in compliance with it; 

18 (H) whether the rule constituted the least 

19 cost method of achieving its objective consistent 

20 with the criteria of the Act under which the 

21 rule was issued, and to what extent the rule 

22 provided flexibility to those who were subject to 

23 it; 


tjames on DSK6SPTVN1PROD with 
19 

•HR 309 IH

1 (I) whether the rule was worded simply 

2 and clearly, including clear identification of 

3 those who were subject to the rule; 

4 (J) whether the rule created negative unin5 tended consequences; 

6 (K) the extent to which information re7 quirements under the rule can be reduced; and 

8 (L) the extent to which the rule has con9 tributed positive benefits, particularly health or 

10 safety or environmental benefits. 

11 (b) PRELIMINARY REPORTS ON SUNSET REVIEWS.— 

12 The preliminary report under section 6(b)(2) on the sun13 set review of a rule shall request public comments and con14 tain— 

15 (1) specific requests for factual findings and 

16 recommended legal conclusions regarding the appli17 cation of section 5 to the rule, the continued need 

18 for the rule, and whether the rule duplicates func19 tions of another rule; 

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

21 should be continued without change, modified, con22 solidated with another rule, or terminated; and 

23 (3) if consolidation or modification of the rule 

24 is recommended, suggestions for the proposed text of 

25 the consolidated or modified rule. 


tjames on DSK6SPTVN1PROD with 
20 

•HR 309 IH

1 (c) FINAL REPORTS ON SUNSET REVIEWS.—The re2 port under section 6(b)(3) on the sunset review of a rule 

3 shall— 

4 (1) contain the factual findings and legal con5 clusions of the agency conducting the review regard6 ing the application of section 5 to the rule and the 

7 agency’s proposed recommendation as to whether 

8 the rule should be continued without change, modi9 fied, consolidated with another rule, or terminated; 

10 (2) in the case of a rule that the agency pro11 poses to continue without change, so state; 

12 (3) in the case of a rule that the agency pro13 poses to modify or consolidate with another rule, 

14 contain— 

15 (A) a notice of proposed rulemaking under 

16 section 553 of title 5, United States Code or 

17 under other statutory rulemaking procedures 

18 required for that rule, and 

19 (B) the text of the rule as so modified or 

20 consolidated; and 

21 (4) in the case of a rule that the agency pro22 poses to terminate, contain a notice of proposed 

23 rulemaking for termination consistent with para24 graph (3)(A). 


tjames on DSK6SPTVN1PROD with 
21 

•HR 309 IH

1 A final report described in paragraph (2) shall be pub2 lished in the Federal Register. 

3 (d) RULEMAKING.—The final report under subsection 

4 (c)(3) or (c)(4) shall be published in the Federal Register 

5 and its publication shall constitute publication of the no6 tice required by subsection (c)(3)(A). After publication of 

7 the final report under subsection (c)(3) or (c)(4) on a sun8 set review of a rule, the agency which conducted such re9 view shall conduct the rulemaking which is called for in 

10 such report. 

11 (e) LEGISLATIVE RECOMMENDATIONS.—In any case 

12 in which the head of an agency determines that a rule 

13 in a final report under subsection (c)(3) or (c)(4) cannot 

14 be changed, modified, or consolidated with another rule 

15 without legislative action, such head shall include in such 

16 final report a description of what legislative changes are 

17 required to implement the recommendations in such final 

18 report with regard to such rule. 

19 SEC. 9. DESIGNATION OF AGENCY REGULATORY REVIEW 

20 OFFICERS. 

21 The head of each agency shall designate an officer 

22 of the agency as the Regulatory Review Officer of the 

23 agency. The Regulatory Review Officer of an agency shall 

24 be responsible for the implementation of this Act by the 


tjames on DSK6SPTVN1PROD with 
22 

•HR 309 IH

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

2 and the Administrator with respect to that responsibility. 

3 SEC. 10. RELATIONSHIP TO THE ADMINISTRATIVE PROCE4 DURE ACT. 

5 Nothing in this Act is intended to supersede the pro6 visions of chapters 5, 6, and 7 of title 5, United States 

7 Code. 

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

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

10 covered rule is terminated pursuant to this Act— 

11 (1) this Act shall not be construed to prevent 

12 the President or an agency from exercising any au13 thority that otherwise exists to implement the stat14 ute under which the rule was issued; 

15 (2) in an agency proceeding or court action be16 tween an agency and a non-agency party, the rule 

17 shall be given no conclusive legal effect but may be 

18 submitted as evidence of prior agency practice and 

19 procedure; and 

20 (3) this Act shall not be construed to prevent 

21 the continuation or institution of any enforcement 

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

23 occurred before the effectiveness of the rule termi24 nated. 

25 (b) EFFECT ON DEADLINES.— 


tjames on DSK6SPTVN1PROD with 
23 

•HR 309 IH

1 (1) IN GENERAL.—Notwithstanding subsection 

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

3 action dependent upon, any rule terminated under 

4 this Act is suspended until the agency that issued 

5 the rule issues a new rule on the same matter, un6 less otherwise provided by a law. 

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

8 the term ‘‘deadline’’ means any date certain for ful9 filling any obligation or exercising any authority es10 tablished by or under any Federal rule, or by or 

11 under any court order implementing any Federal 

12 rule. 

13 SEC. 12. JUDICIAL REVIEW. 

14 (a) IN GENERAL.—A denial or substantial inexcus15 able delay in granting or denying a petition under section 

16 4(c) shall be considered final agency action subject to re17 view under section 702 of title 5, United States Code. A 

18 denial of a congressional request under section 4(d) shall 

19 not be subject to judicial review. 

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

21 Notwithstanding any other provisions of law, an action 

22 seeking judicial review of a final agency action under this 

23 Act may not be brought— 

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

25 a public petition under section 4(c) or continuing 


tjames on DSK6SPTVN1PROD with 
24 

•HR 309 IH

1 without change, modifying, consolidating, or termi2 nating a covered rule, more than 30 days after the 

3 date of that agency action; or 

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

5 in deciding on a petition for a rule under section 

6 4(c), more than 1 year after the period applicable to 

7 the rule under section 4(c)(4). 

8 (c) AVAILABILITY OF JUDICIAL REVIEW UNAF9 FECTED.—Except to the extent that there is a direct con10 flict with the provisions of this Act, nothing in this Act 

11 is intended to affect the availability or standard of judicial 

12 review for agency regulatory action. 

13 SEC. 13. DEFINITIONS. 

14 In this Act: 

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the Office of In17 formation and Regulatory Affairs in the Office of 

18 Management and Budget. 

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

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

21 United States Code. 

22 (3) APPROPRIATE COMMITTEE OF THE CON23 GRESS.—The term ‘‘appropriate committee of the 

24 Congress’’ means, with respect to a rule, each stand25 ing committee of Congress having authority under 


tjames on DSK6SPTVN1PROD with 
25 

•HR 309 IH

1 the Rules of the House of Representatives or the 

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

3 under which the rule is issued. 

4 (4) MAJOR RULE.—The term ‘‘major rule’’ 

5 means any rule that the Administrator of the Office 

6 of Information and Regulatory Affairs in the Office 

7 of Management and Budget finds has resulted in or 

8 is likely to result in— 

9 (A) an annual effect on the economy of 

10 $100,000,000 or more; 

11 (B) a major increase in costs or prices for 

12 consumers, individual industries, Federal, 

13 State, or local government agencies, or geo14 graphic regions; or 

15 (C) significant adverse effects on competi16 tion, employment, investment, productivity, in17 novation, or on the ability of United States18 based enterprises to compete with foreign-based 

19 enterprises in domestic and export markets. 

20 (5) RULE.— 

21 (A) GENERAL RULE.—Subject to subpara22 graph (B), the term ‘‘rule’’ means any agency 

23 statement of general applicability and future ef24 fect, including agency guidance documents, de25 signed to implement, interpret, or prescribe law 


tjames on DSK6SPTVN1PROD with 
26 

•HR 309 IH

1 or policy, or describing the procedures or prac2 tices of an agency, or intended to assist in such 

3 actions, but does not include— 

4 (i) regulations or other agency state5 ments issued in accordance with formal 

6 rulemaking provisions of sections 556 and 

7 557 of title 5, United States Code, or in 

8 accordance with other statutory formal 

9 rulemaking procedures required for such 

10 regulations or statements; 

11 (ii) regulations or other agency state12 ments that are limited to agency organiza13 tion, management, or personnel matters; 

14 (iii) regulations or other agency state15 ments issued with respect to a military or 

16 foreign affairs function of the United 

17 States; 

18 (iv) regulations, statements, or other 

19 agency actions that are reviewed and usu20 ally modified each year (or more fre21 quently), or are reviewed regularly and 

22 usually modified based on changing eco23 nomic or seasonal conditions; 

24 (v) regulations or other agency actions 

25 that grant an approval, license, permit, 


tjames on DSK6SPTVN1PROD with 
27 

•HR 309 IH

1 registration, or similar authority or that 

2 grant or recognize an exemption or relieve 

3 a restriction, or any agency action nec4 essary to permit new or improved applica5 tions of technology or to allow the manu6 facture, distribution, sale, or use of a sub7 stance or product; and 

8 (vi) regulations or other agency state9 ments that the Administrator certifies in 

10 writing are necessary for the enforcement 

11 of the Federal criminal laws. 

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

13 this Act, each set of rules designated in the 

14 Code of Federal Regulations as a part shall be 

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

16 not appear in the Code of Federal Regulations 

17 and that are comparable to a part of that Code 

18 under guidelines established by the Adminis19 trator shall be treated as one rule. 

20 (6) SUNSET REVIEW.—The term ‘‘sunset re21 view’’ means a review of the rule under this Act. 


tjames on DSK6SPTVN1PROD with 
28 

•HR 309 IH

1 SEC. 14. SUNSET OF THIS ACT. 

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

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

4 Act. 

Æ 


tjames on DSK6SPTVN1PROD with