```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6223 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6223

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

                           September 28, 2010

 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.

    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 ``Congressional Office of Regulatory 
Analysis Creation and Sunset and Review Act of 2010''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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.

          TITLE I--CONGRESSIONAL OFFICE OF REGULATORY ANALYSIS

SEC. 101. ESTABLISHMENT OF OFFICE.

    (a) Establishment.--
            (1) In general.--There is established a Congressional 
        Office of Regulatory Analysis (in this title referred to as the 
        ``Office'').
            (2) Director.--The Office shall have a Director (in this 
        title referred to as the ``Director'') who shall be appointed 
        by the Speaker of the House of Representatives and the majority 
        leader of the Senate after considering recommendations received 
        from the Committee on Oversight and Government Reform of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate, without regard to 
        political affiliation and solely on the basis of the Director's 
        ability to perform the duties of the Office.
            (3) Term.--
                    (A) In general.--The term of office of the Director 
                shall be 4 years, but no Director shall be permitted to 
                serve more than 3 terms.
                    (B) Vacancy.--Any individual appointed as Director 
                to fill a vacancy prior to the expiration of a term 
                shall serve only for the unexpired portion of that 
                term. An individual serving as Director at the 
                expiration of that term may continue to serve until the 
                individual's successor is appointed.
            (4) Removal.--The Director may be removed by a concurrent 
        resolution of the Congress.
            (5) Compensation.--The Director shall be paid at a rate 
        equal to the rate of basic pay for level III of the Executive 
        Schedule in section 5314 of title 5, United States Code.
    (b) Personnel.--
            (1) In general.--The Director shall appoint and fix the 
        compensation of such personnel as may be necessary to carry out 
        the duties and functions of the Office.
            (2) Appointment.--All personnel of the Office shall be 
        appointed without regard to political affiliation and solely on 
        the basis of their fitness to perform their duties.
            (3) Duties and responsibilities.--The Director may 
        prescribe the duties and responsibilities of the personnel of 
        the Office, and delegate to them authority to perform any of 
        the duties, powers, and functions imposed on the Office or on 
        the Director.
            (4) Employee status.--For purposes of pay (other than pay 
        of the Director) and employment benefits, rights, and 
        privileges, all personnel of the Office shall be treated as if 
        they were employees of the House of Representatives.
    (c) Experts and Consultants.--In carrying out the duties and 
functions of the Office, the Director may procure temporary (not to 
exceed one year) and intermittent services under section 3109(b) of 
title 5, United States Code, but at rates for individuals not to exceed 
the daily equivalent of the maximum annual rate of basic pay under the 
General Schedule of section 5332 of title 5, United States Code.
    (d) Relationship to Executive Branch.--
            (1) Information requests.--The Director is authorized to 
        secure information, data, estimates, and statistics directly 
        from the various departments, agencies, and establishments of 
        the executive branch of Government, including the Office of 
        Management and Budget, and the regulatory agencies and 
        commissions of the Government. All such departments, agencies, 
        establishments, and regulatory agencies and commissions shall 
        promptly furnish the Director any available material which the 
        Director determines to be necessary in the performance of the 
        Director's duties and functions (other than material the 
        disclosure of which would be a violation of law).
            (2) Use of services, facilities, and personnel.--The 
        Director is authorized, upon agreement with the head of any 
        such department, agency, establishment, or regulatory agency or 
        commission, to use its services, facilities, and personnel with 
        or without reimbursement, and the head of each such department, 
        agency, establishment, or regulatory agency or commission is 
        authorized to provide the Office such services, facilities, and 
        personnel.
    (e) Relationship to Other Agencies of Congress.--In carrying out 
the duties and functions of the Office, and for the purpose of 
coordinating the operations of the Office with those of other 
congressional agencies with a view to using most effectively the 
information, services, and capabilities of all such agencies in 
carrying out the various responsibilities assigned to each, the 
Director is authorized to obtain information, data, estimates, and 
statistics developed by the General Accountability Office, the 
Congressional Budget Office, and the Congressional Research Service, 
and upon agreement with the Comptroller General, the Director of the 
Congressional Budget Office, or the Director of the Congressional 
Research Service to use their services, facilities, and personnel with 
or without reimbursement. The Comptroller General and such Directors 
are authorized to provide the Office with the information, data, 
estimates, and statistics, and the services, facilities, and personnel, 
referred to in the preceding sentence.
    (f) Assistance to the Congress.--The Director shall provide to the 
Committee on Oversight and Government Reform of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate, information that will assist the committee in 
the discharge of all matters within its jurisdiction, including 
information with respect to its jurisdiction over authorization and 
oversight of the Office of Information and Regulatory Affairs of the 
Office of Management and Budget.
    (g) Information.--
            (1) Freedom of information.--The Office shall make 
        available information from its activities in accordance with 
        section 552 of title 5, United States Code.
            (2) Public docket.--The Office shall maintain a publicly 
        available log of information (other than information which may 
        not be released under section 552(b) of title 5, United States 
        Code) that shall contain--
                    (A) all written communications, regardless of 
                format, between Office personnel and any person who is 
                not employed by the Federal Government; and
                    (B) the dates and names of individuals involved in 
                all substantive oral communications, including meetings 
                and telephone conversations between Office personnel 
                and any person not employed by the Federal Government, 
                and the subject matter of such communications.
    (h) Appropriations.--There are authorized to be appropriated to the 
Office such sums as may be necessary for each of fiscal years 2011 
through 2018.

SEC. 102. RESPONSIBILITIES.

    (a) Transfer of Functions Under Chapter 8 From GAO to Office.--
            (1) Director's new authority.--Section 801 of title 5, 
        United States Code, is amended--
                    (A) by striking ``Comptroller General'' each place 
                it occurs and inserting ``Director of the Office''; and
                    (B) by striking ``the Comptroller General's 
                report'' in subsection (a)(2)(B) and inserting ``the 
                report of the Director of the Office''.
            (2) Definition.--Section 804 is amended by adding at the 
        end the following:
            ``(4) The term `Director of the Office' means the Director 
        of the Congressional Office of Regulatory Affairs established 
        by section 101 of the Congressional Office of Regulatory 
        Analysis Creation and Sunset and Review Act of 2010.''.
            (3) Major rules.--Section 801(a)(2)(A) of title 5, United 
        States Code, is amended to read as follows:
    ``(2)(A) The Director of the Office shall provide a report on each 
major rule to the committees of jurisdiction in each House of the 
Congress by the end of 30 calendar days after the submission or 
publication date as provided in section 802(b)(2). The report of the 
Director shall include--
            ``(i) an assessment of the compliance by the Federal agency 
        with the requirements in paragraph (1)(B); and
            ``(ii) an analysis of the rule by the Director, using any 
        relevant data and analyses generated by the Federal agency and 
        any data of the Office, including the following:
                    ``(I) A description of the potential benefits of 
                the rule, including any beneficial effects that cannot 
                be quantified in monetary terms and the identification 
                of those likely to receive the benefits.
                    ``(II) A description of the potential costs of the 
                rule, including any adverse effects that cannot be 
                quantified in monetary terms and the identification of 
                those likely to bear the costs.
                    ``(III) A determination of the potential net 
                benefits of the rule, including an evaluation of 
                effects that cannot be quantified in monetary terms.
                    ``(IV) A description of alternative approaches that 
                could achieve the same regulatory goal at a lower cost, 
                together with an analysis of the potential benefits and 
                costs and a brief explanation of the legal reasons why 
                such alternatives, if proposed, could not be adopted.
                    ``(V) A summary of how these results differ, if at 
                all, from the results that the promulgating agency 
                received when conducting similar analyses.''.
            (4) Nonmajor rules.--The Office shall conduct an assessment 
        and analysis, as described in section 801(a)(2)(A) of title 5, 
        United States Code, of any nonmajor rule, as defined in section 
        804(3) of such title, when requested to do so by a committee of 
        the House of Representatives or the Senate or by an individual 
        Representative or Senator.
            (5) Priorities.--
                    (A) Assignment.--To ensure that analysis of the 
                most significant regulations occurs, the Office shall 
                give first priority to, and shall conduct analyses of, 
                all major rules, as defined in section 804(2) of title 
                5, United States Code. Secondary priority shall be 
                assigned to requests from committees of the House of 
                Representatives and the Senate. Tertiary priority shall 
                be assigned to requests from individual Representatives 
                and Senators.
                    (B) Discretion to director of office.--The Director 
                of the Office shall have the discretion to assign 
                priority among the secondary and tertiary requests.
    (b) Transfer of Certain Functions Under the Unfunded Mandates 
Reform Act of 1995 From CBO to Office.--
            (1) Cost of regulations.--Section 103 of the Unfunded 
        Mandates Reform Act of 1995 (2 U.S.C. 1511) is amended--
                    (A) in subsection (b), by striking ``the Director'' 
                and inserting ``the Director of the Congressional 
                Office of Regulatory Analysis''; and
                    (B) in subsection (c), by inserting after ``Budget 
                Office'' the following: ``or the Director of the 
                Congressional Office of Regulatory Analysis''.
            (2) Assistance to the congressional office of regulatory 
        analysis.--Section 206 of the Unfunded Mandates Reform Act of 
        1995 (2 U.S.C. 1536) is amended--
                    (A) by amending the section heading to read as 
                follows: ``sec. 206. assistance to the congressional 
                office of regulatory analysis.''; and
                    (B) in paragraph (2), by striking ``the Director of 
                the Congressional Budget Office'' and inserting ``the 
                Director of the Congressional Office of Regulatory 
                Analysis''.
    (c) Other Reports.--In addition to the analyses of major and 
nonmajor rules described in subsection (a), the Office shall also issue 
an annual report including estimates of the total costs and benefits of 
all existing Federal regulations.

SEC. 103. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
180 days after the date of the enactment of this Act.

                 TITLE II--REGULATORY SUNSET AND REVIEW

SEC. 201. PURPOSES.

    The purposes of this title are--
            (1) to require agencies to regularly review their 
        significant rules to determine whether they should be continued 
        without change, modified, consolidated with another rule, or 
        terminated;
            (2) to require agencies to consider the comments of the 
        public, the regulated community, and the Congress regarding the 
        actual costs and burdens of rules being reviewed under this 
        title, and whether the rules are obsolete, unnecessary, 
        duplicative, conflicting, or otherwise inconsistent;
            (3) to require that any rules continued in effect under 
        this title meet all the legal requirements that would apply to 
        the issuance of a new rule, including any applicable Federal 
        cost-benefit and risk assessment requirements;
            (4) to provide for the review of significant rules and 
        other rules through a sunset review process and to provide for 
        the repeal or other change in such rules in accordance with 
        chapters 5 and 7 of title 5, United States Code;
            (5) to provide for a petition process that allows the 
        public and appropriate committees of the Congress to request 
        that other rules that are not significant be reviewed in the 
        same manner as significant rules; and
            (6) to require the Administrator to coordinate and be 
        responsible for sunset reviews conducted by the agencies.

SEC. 202. REVIEW OF REGULATIONS.

    A covered rule shall be subject to review in accordance with this 
title. Upon completion of such review, the agency which has 
jurisdiction over such rule shall--
            (1) issue a final report under section 207(c)(2) continuing 
        such rule; or
            (2) conduct a rulemaking in accordance with section 207(d) 
        to modify, consolidate with another rule, or terminate such 
        rule.

SEC. 203. COVERED RULES.

    (a) Covered Rules.--For purposes of this title, a covered rule is a 
rule that--
            (1) is determined by the Administrator to be a significant 
        rule under subsection (b); or
            (2) is any other rule designated by the agency which has 
        jurisdiction over such rule or by the Administrator under this 
        title for sunset review.
    (b) Significant Rules.--For purposes of this title, a significant 
rule is a rule that the Administrator determines--
            (1) has resulted in or is likely to result in an annual 
        effect on the economy of $100,000,000 or more;
            (2) is a major rule, as defined in section 804(2) of title 
        5, United States Code; or
            (3) was issued pursuant to a significant regulatory action, 
        as that term is defined in Executive Order 12866 (5 U.S.C. 601 
        note; relating to regulatory planning and review).
    (c) Public Petitions.--
            (1) In general.--Any person adversely affected by a rule 
        that is not a significant rule may submit a petition to the 
        agency which has jurisdiction over the rule requesting that 
        such agency designate the rule for sunset review. Such agency 
        shall designate the rule for sunset review unless such agency 
        determines that it would not be in the public interest to 
        conduct a sunset review of the rule. In making such 
        determination, such agency shall take into account the number 
        and nature of other petitions received on the same rule, 
        whether or not they have already been denied.
            (2) Form and content of petition.--A petition under 
        paragraph (1)--
                    (A) shall be in writing, but is not otherwise 
                required to be in any particular form;
                    (B) shall identify the rule for which sunset review 
                is requested with reasonable specificity and state on 
                its face that the petitioner seeks sunset review of the 
                rule; and
                    (C) shall be accompanied by a $20 processing fee.
            (3) Response required for noncomplying petitions.--If such 
        agency determines that a petition does not meet the 
        requirements of this subsection, such agency shall provide a 
        response to the petitioner within 30 days after receiving the 
        petition, notifying the petitioner of the problem and providing 
        information on how to formulate a petition that meets those 
        requirements.
            (4) Decision within 90 days.--Within the 90-day period 
        beginning on the date of receiving a petition that meets the 
        requirements of this subsection, such agency shall transmit a 
        response to the petitioner stating whether the petition was 
        granted or denied, except that such agency may extend such 
        period by a total of not more than 30 days.
            (5) Petitions deemed granted for substantial inexcusable 
        delay.--A petition for sunset review of a rule is deemed to 
        have been granted by such agency, and such agency is deemed to 
        have designated the rule for sunset review, if a court finds 
        there is a substantial and inexcusable delay, beyond the period 
        specified in paragraph (4), in notifying the petitioner of such 
        agency's determination to grant or deny the petition.
            (6) Public log.--Such agency shall maintain a public log of 
        petitions submitted under this subsection, that includes the 
        status or disposition of each petition.
    (d) Congressional Requests.--
            (1) In general.--An appropriate committee of the Congress, 
        or a majority of the majority party members or a majority of 
        nonmajority party members of such a committee, may request in 
        writing that the Administrator designate any rule that is not a 
        significant rule for sunset review. The Administrator shall 
        designate such rule for sunset review within 30 days after 
        receipt of such a request unless the Administrator determines 
        that it would not be in the public interest to conduct a sunset 
        review of such rule.
            (2) Notice of denial.--If the Administrator denies a 
        congressional request under this subsection, the Administrator 
        shall transmit to the congressional committee making the 
        request a notice stating the reasons for the denial.
    (e) Publication of Notice of Designation for Sunset Review.--After 
designating a rule under subsection (c) or (d) for sunset review, the 
agency or the Administrator shall promptly publish a notice of that 
designation in the Federal Register.

SEC. 204. CRITERIA FOR SUNSET REVIEW.

    (a) Compliance With Other Laws.--In order for any rule subject to 
sunset review to continue without change or to be modified or 
consolidated in accordance with this title, such rule must be 
authorized by law and meet all applicable requirements that would apply 
if it were issued as a new rule pursuant to section 553 of title 5, 
United States Code, or other statutory rulemaking procedures required 
for that rule. For purposes of this section, the term ``applicable 
requirements'' includes any requirement for cost-benefit analysis and 
any requirement for standardized risk analysis and risk assessment.
    (b) Governing Law.--If there is a conflict between such applicable 
requirements and an Act under which a rule was issued, the conflict 
shall be resolved in the same manner as such conflict would be resolved 
if the agency were issuing a new rule.

SEC. 205. SUNSET REVIEW PROCEDURES.

    (a) Functions of the Administrator.--
            (1) Notice of rules subject to review.--
                    (A) Inventory and first list.--Within one year 
                after the date of the enactment of this Act, the 
                Administrator shall conduct an inventory of existing 
                rules and publish a first list of covered rules. The 
                list shall--
                            (i) specify the particular group to which 
                        each significant rule is assigned under 
                        paragraph (2), and state the review deadline 
                        for all significant rules in each such group; 
                        and
                            (ii) include other rules subject to sunset 
                        review for any other reason, and state the 
                        review deadline for each such rule.
                    (B) Subsequent lists.--After publication of the 
                first list under subparagraph (A), the Administrator 
                shall publish an updated list of covered rules at least 
                annually, specifying the review deadline for each rule 
                on the list.
            (2) Grouping of significant rules in first list.--
                    (A) Staggered review.--The Administrator shall 
                assign each significant rule in effect on the date of 
                enactment of this Act to one of 4 groups established by 
                the Administrator to permit orderly and prioritized 
                sunset reviews, and specify for each group an initial 
                review deadline in accordance with section 206(a)(1).
                    (B) Prioritizations.--In determining which rules 
                shall be given priority in time in that assignment, the 
                Administrator shall consult with appropriate agencies, 
                and shall prioritize rule based on--
                            (i) the grouping of related rules in 
                        accordance with paragraph (3);
                            (ii) the extent of the cost of each rule 
                        and on the regulated community and the public, 
                        with priority in time given to those rules that 
                        impose the greatest cost;
                            (iii) consideration of the views of 
                        regulated persons, including State and local 
                        governments;
                            (iv) whether a particular rule has recently 
                        been subject to cost-benefit analysis and risk 
                        assessment, with priority in time given to 
                        those rules that have not been subject to such 
                        analysis and assessment;
                            (v) whether a particular rule was issued 
                        under a statutory provision that provides 
                        relatively greater discretion to an official in 
                        issuing the rule, with priority in time given 
                        to those rules that were issued under 
                        provisions that provide relatively greater 
                        discretion;
                            (vi) the burden of reviewing each rule on 
                        the reviewing agency; and
                            (vii) the need for orderly processing and 
                        the timely completion of the sunset reviews of 
                        existing rules.
            (3) Grouping of related rules.--The Administrator shall 
        group related rules under paragraph (2) (and designate other 
        rules) for simultaneous sunset review based upon their subject 
        matter similarity, functional interrelationships, and other 
        relevant factors to ensure comprehensive and coordinated review 
        of redundant, overlapping, and conflicting rules and 
        requirements. The Administrator shall ensure simultaneous 
        sunset reviews of covered rules without regard to whether they 
        were issued by the same agency, and shall designate any other 
        rule for sunset review that is necessary for a comprehensive 
        sunset review whether or not such other rule is otherwise a 
        covered rule under this title.
            (4) Guidance.--The Administrator shall provide timely 
        guidance to agencies on the conduct of sunset reviews and the 
        preparation of sunset review notices and reports required by 
        this title to ensure uniform, complete, and timely sunset 
        reviews and to ensure notice and opportunity for public comment 
        consistent with section 207.
            (5) Review and evaluation of reports.--The Administrator 
        shall review and evaluate each preliminary and final report 
        submitted by the agency pursuant to this section. Within 90 
        days after receiving a preliminary report, the Administrator 
        shall transmit comments to the head of the agency regarding--
                    (A) the quality of the analysis in the report, 
                including whether the agency has properly applied 
                section 204;
                    (B) the consistency of the agency's proposed action 
                with actions of other agencies; and
                    (C) whether the rule should be continued without 
                change, modified, consolidated with another rule, or 
                terminated.
    (b) Agency Sunset Review Procedure.--
            (1) Sunset review notice.--At least 2\1/2\ years before the 
        review deadline under section 206(a) for a covered rule issued 
        by an agency, the agency shall--
                    (A) publish a sunset review notice in accordance 
                with section 207(a) in the Federal Register and, to the 
                extent reasonable and practicable, in other 
                publications or media that are designed to reach those 
                persons most affected by the covered rule; and
                    (B) request the views of the Administrator and the 
                appropriate committees of the Congress on whether to 
                continue without change, modify, consolidate, or 
                terminate the covered rule.
            (2) Preliminary report.--In reviewing a covered rule, the 
        agency shall--
                    (A) consider public comments and other 
                recommendations generated by a sunset review notice 
                under paragraph (1); and
                    (B) at least one year before the review deadline 
                under section 206(a) for the covered rule, publish in 
                the Federal Register, in accordance with section 
                207(b), and transmit to the Administrator and the 
                appropriate committees of the Congress a preliminary 
                report.
            (3) Final report.--The agency shall consider the public 
        comments and other recommendations generated by the preliminary 
        report under paragraph (2) for a covered rule, and shall 
        consult with the appropriate committees of the Congress before 
        issuing a final report. At least 90 days before the review 
        deadline of the covered rule, the agency shall publish in the 
        Federal Register, in accordance with section 207(c)(2) or 
        207(d), and transmit a final report to the Administrator and 
        the appropriate committees of the Congress.
            (4) Open procedures regarding sunset review.--In any sunset 
        review conducted pursuant to this title, the agency conducting 
        the review shall make a written record describing the subject 
        of all contacts the agency or Administrator made with non-
        governmental persons outside the agency relating to such 
        review. The written record of such contact shall be made 
        available, upon request, to the public.
    (c) Effectiveness of Agency Recommendation.--If a final report 
under subsection (b)(3) recommends that a covered rule should be 
continued without change, the covered rule shall be continued. If a 
final report under subsection (b)(3) recommends that a covered rule 
should be modified, consolidated with another rule, or terminated, the 
rule may be modified, so consolidated, or terminated in accordance with 
section 207(d).
    (d) Preservation of Independence of Federal Bank Regulatory 
Agencies.--The head of any appropriate Federal banking agency (as that 
term is defined in section 3(q) of the Federal Deposit Insurance Act 
(12 U.S.C. 1813(q)), the Federal Housing Finance Board, the National 
Credit Union Administration, and the Office of Federal Housing 
Enterprise Oversight shall have the authority with respect to that 
agency that would otherwise be granted under section 206(a)(2)(B) to 
the Administrator or other officer designated by the President.

SEC. 206. REVIEW DEADLINES FOR COVERED RULES.

    (a) In General.--
            (1) Existing significant rules.--For a significant rule in 
        effect on the date of the enactment of this Act, the initial 
        review deadline is the last day of the 4-year, 5-year, 6-year, 
        or 7-year period beginning on the date of the enactment of this 
        Act, as specified by the Administrator under section 
        205(a)(2)(A). For any significant rule that 6 months after the 
        date of enactment is not assigned to such a group specified 
        under section 205(a)(2)(A), the initial review deadline is the 
        last day of the 4-year period beginning on the date of 
        enactment of this Act.
            (2) New significant rules.--For a significant rule that 
        first takes effect after the date of the enactment of this Act, 
        the initial review deadline is the last day of either--
                    (A) the 3-year period beginning on the date the 
                rule takes effect; or
                    (B) if the Administrator determines as part of the 
                rulemaking process that the rule is issued pursuant to 
                negotiated rulemaking procedures or that compliance 
                with the rule requires substantial capital investment, 
                the 7-year period beginning on the date the rule takes 
                effect.
            (3) Rules covered pursuant to public petition or 
        congressional request.--For any rule subject to sunset review 
        pursuant to a public petition under section 203(c) or a 
        congressional request under section 203(d), the initial review 
        deadline is the last day of the 3-year period beginning on--
                    (A) the date the agency or Administrator so 
                designates the rule for review; or
                    (B) the date of issuance of a final court order 
                that the agency is deemed to have designated the rule 
                for sunset review.
            (4) Related rule designated for review.--For a rule that 
        the Administrator designates under section 205(a)(3) for sunset 
        review because it is related to another covered rule and that 
        is grouped with that other rule for simultaneous review, the 
        initial review deadline is the same as the review deadline for 
        that other rule.
    (b) Temporary Extension.--The review deadline under subsection (a) 
for a covered rule may be extended by the Administrator for not more 
than 6 months by publishing notice thereof in the Federal Register that 
describes reasons why the temporary extension is necessary to respond 
to or prevent an emergency situation.
    (c) Determinations Where Rules Have Been Amended.--For purposes of 
this title, if various provisions of a covered rule were issued at 
different times, then the rule as a whole shall be treated as if it 
were issued on the later of--
            (1) the date of issuance of the provision of the rule that 
        was issued first; or
            (2) the date the most recent review and revision of the 
        rule under this title was completed.

SEC. 207. SUNSET REVIEW NOTICES AND AGENCY REPORTS.

    (a) Sunset Review Notice.--The sunset review notice under section 
205(b)(1) for a rule shall--
            (1) request comments regarding whether the rule should be 
        continued without change, modified, consolidated with another 
        rule, or terminated;
            (2) if applicable, request comments regarding whether the 
        rule meets the applicable Federal cost-benefit and risk 
        assessment criteria; and
            (3) solicit comments about the past implementation and 
        effects of the rule, including--
                    (A) the direct and indirect costs incurred because 
                of the rule, including the net reduction in the value 
                of private property (whether real, personal, tangible, 
                or intangible), and whether the incremental benefits of 
                the rule exceeded the incremental costs of the rule, 
                both generally and regarding each of the specific 
                industries and sectors it covers;
                    (B) whether the rule as a whole, or any major 
                feature of it, is outdated, obsolete, or unnecessary, 
                whether by change of technology, the marketplace, or 
                otherwise;
                    (C) the extent to which the rule or information 
                required to comply with the rule duplicated, 
                conflicted, or overlapped with requirements under rules 
                of other agencies;
                    (D) in the case of a rule addressing a risk to 
                health or safety or the environment, what the perceived 
                risk was at the time of issuance and to what extent the 
                risk predictions were accurate;
                    (E) whether the rule unnecessarily impeded domestic 
                or international competition or unnecessarily intruded 
                on free market forces, and whether the rule 
                unnecessarily interfered with opportunities or efforts 
                to transfer to the private sector duties carried out by 
                the Government;
                    (F) whether, and to what extent, the rule imposed 
                unfunded mandates on, or otherwise affected, State and 
                local governments;
                    (G) whether compliance with the rule required 
                substantial capital investment and whether terminating 
                the rule on the next review deadline would create an 
                unfair advantage to those who are not in compliance 
                with it;
                    (H) whether the rule constituted the least cost 
                method of achieving its objective consistent with the 
                criteria of the Act under which the rule was issued, 
                and to what extent the rule provided flexibility to 
                those who were subject to it;
                    (I) whether the rule was worded simply and clearly, 
                including clear identification of those who were 
                subject to the rule;
                    (J) whether the rule created negative unintended 
                consequences;
                    (K) the extent to which information requirements 
                under the rule can be reduced; and
                    (L) the extent to which the rule has contributed 
                positive benefits, particularly health or safety or 
                environmental benefits.
    (b) Preliminary Reports on Sunset Reviews.--The preliminary report 
under section 205(b)(2) on the sunset review of a rule shall request 
public comments and contain--
            (1) specific requests for factual findings and recommended 
        legal conclusions regarding the application of section 204 to 
        the rule, the continued need for the rule, and whether the rule 
        duplicates functions of another rule;
            (2) a request for comments on whether the rule should be 
        continued without change, modified, consolidated with another 
        rule, or terminated; and
            (3) if consolidation or modification of the rule is 
        recommended, suggestions for the proposed text of the 
        consolidated or modified rule.
    (c) Final Reports on Sunset Reviews.--
            (1) In general.--A final report under section 205(b)(3) on 
        the sunset review of a rule shall--
                    (A) contain the factual findings and legal 
                conclusions of the agency conducting the review 
                regarding the application of section 204 to the rule 
                and the agency's proposed recommendation as to whether 
                the rule should be continued without change, modified, 
                consolidated with another rule, or terminated;
                    (B) in the case of a rule that the agency proposes 
                to continue without change, so state;
                    (C) in the case of a rule that the agency proposes 
                to modify or consolidate with another rule, contain--
                            (i) a notice of proposed rulemaking under 
                        section 553 of title 5, United States Code, or 
                        under other statutory rulemaking procedures 
                        required for that rule; and
                            (ii) the text of the rule as so modified or 
                        consolidated; and
                    (D) in the case of a rule that the agency proposes 
                to terminate, contain a notice of proposed rulemaking 
                for termination consistent with paragraph (3)(A).
            (2) Final report published in the federal register.--A 
        final report under section 205(b)(3) shall be published in the 
        Federal Register.
    (d) Rulemaking.--In the case of a final report on a rule described 
in subparagraphs (C) or (D) of subsection (c)(1), the final report 
shall be published in the Federal Register and its publication shall 
constitute publication of the notice required by subsection 
(c)(1)(C)(i). After publication of a final report on a rule described 
in subparagraphs (C) or (D) of subsection (c)(1) on a sunset review of 
a rule, the agency which conducted such review shall conduct the 
rulemaking which is called for in such report.

SEC. 208. DESIGNATION OF AGENCY REGULATORY REVIEW OFFICER.

    The head of each agency shall designate an officer of the agency as 
the Regulatory Review Officer of the agency. The Regulatory Review 
Officer of an agency shall be responsible for the implementation of 
this title by the agency and shall report directly to the head of the 
agency and the Administrator with respect to that responsibility.

SEC. 209. RELATIONSHIP TO OTHER LAW.

    Nothing in this title is intended to supersede the provisions of 
chapters 5, 6, and 7 of title 5, United States Code.

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

    (a) Effect of Termination, Generally.--If a covered rule is 
terminated pursuant to this title--
            (1) this title shall not be construed to prevent the 
        President or an agency from exercising any authority that 
        otherwise exists to implement the statute under which the rule 
        was issued;
            (2) in an agency proceeding or court action between an 
        agency and a non-agency party, the rule shall be given no 
        conclusive legal effect but may be submitted as evidence of 
        prior agency practice and procedure; and
            (3) this title shall not be construed to prevent the 
        continuation or institution of any enforcement action that is 
        based on a violation of the rule that occurred before the 
        effectiveness of the rule terminated.
    (b) Effect on Deadlines.--
            (1) In general.--Notwithstanding subsection (a), any 
        deadline for, relating to, or involving any action dependent 
        upon, any rule terminated under this title is suspended until 
        the agency that issued the rule issues a new rule on the same 
        matter, unless otherwise provided by a law.
            (2) Deadline defined.--In this subsection, the term 
        ``deadline'' means any date certain for fulfilling any 
        obligation or exercising any authority established by or under 
        any Federal rule, or by or under any court order implementing 
        any Federal rule.

SEC. 211. JUDICIAL REVIEW.

    (a) In General.--A denial or substantial inexcusable delay in 
granting or denying a petition under section 203(c) shall be considered 
final agency action subject to review under section 702 of title 5, 
United States Code. A denial of a congressional request under section 
203(d) shall not be subject to judicial review.
    (b) Time Limitation on Filing a Civil Action.--Notwithstanding any 
other provisions of law, an action seeking judicial review of a final 
agency action under this title may not be brought--
            (1) in the case of a final agency action denying a public 
        petition under section 203(c) or continuing without change, 
        modifying, consolidating, or terminating a covered rule, more 
        than 30 days after the date of that agency action; or
            (2) in the case of an action challenging a delay in 
        deciding on a petition for a rule under section 203(c), more 
        than 1 year after the period applicable to the rule under 
        section 203(c)(4).
    (c) Availability of Judicial Review Unaffected.--Except to the 
extent that there is a direct conflict with the provisions of this 
title, nothing in this title is intended to affect the availability or 
standard of judicial review for agency regulatory action.

SEC. 212. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Information and Regulatory 
        Affairs in the Office of Management and Budget.
            (2) Agency.--The term ``agency'' has the meaning given that 
        term in section 551(1) of title 5, United States Code.
            (3) Appropriate committee of the congress.--The term 
        ``appropriate committee of the Congress'' means, with respect 
        to a rule, each standing committee of Congress having authority 
        under the rules of the House of Representatives or the Senate 
        to report a bill to amend the provision of law under which the 
        rule is issued.
            (4) Rule.--
                    (A) In general.--Subject to subparagraph (B), the 
                term ``rule'' means any agency statement of general 
                applicability and future effect, including agency 
                guidance documents, designed to implement, interpret, 
                or prescribe law or policy, or describing the 
                procedures or practices of an agency, or intended to 
                assist in such actions, but does not include--
                            (i) regulations or other agency statements 
                        issued in accordance with formal rulemaking 
                        provisions of sections 556 and 557 of title 5, 
                        United States Code, or in accordance with other 
                        statutory formal rulemaking procedures required 
                        for such regulations or statements;
                            (ii) regulations or other agency statements 
                        that are limited to agency organization, 
                        management, or personnel matters;
                            (iii) regulations or other agency 
                        statements issued with respect to a military or 
                        foreign affairs function of the United States;
                            (iv) regulations, statements, or other 
                        agency actions that are reviewed and usually 
                        modified each year (or more frequently), or are 
                        reviewed regularly and usually modified based 
                        on changing economic or seasonal conditions;
                            (v) regulations or other agency actions 
                        that grant an approval, license, permit, 
                        registration, or similar authority or that 
                        grant or recognize an exemption or relieve a 
                        restriction, or any agency action necessary to 
                        permit new or improved applications of 
                        technology or to allow the manufacture, 
                        distribution, sale, or use of a substance or 
                        product; and
                            (vi) regulations or other agency statements 
                        that the Administrator certifies in writing are 
                        necessary for the enforcement of the Federal 
                        criminal laws.
                    (B) Scope of a rule.--For purposes of this title, 
                each set of rules designated in the Code of Federal 
                Regulations as a part shall be treated as one rule. 
                Each set of rules that do not appear in the Code of 
                Federal Regulations and that are comparable to a part 
                of that Code under guidelines established by the 
                Administrator shall be treated as one rule.
            (5) Sunset review.--The term ``sunset review'' means a 
        review of a rule under this title.

SEC. 213. EFFECTIVE DATE.

    This title shall take effect on the date of the enactment of this 
Act.

SEC. 214. SUNSET OF THIS TITLE.

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