II 

114TH CONGRESS 

1ST SESSION S. 826 

To amend title 5, United States Code, to sunset rules after 10 years unless 

agencies undergo notice and comment rulemaking, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 19, 2015 

Mr. DAINES introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend title 5, United States Code, to sunset rules after 

10 years unless agencies undergo notice and comment 

rulemaking, 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 ‘‘Regulatory Examina5 tion Vital for Improving and Evaluating Working Solu6 tions Act of 2015’’ or the ‘‘REVIEWS Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act, the terms ‘‘agency’’ and ‘‘rule’’ have the 

9 meanings given those terms in section 551 of title 5, 

10 United States Code. 


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•S 826 IS

1 SEC. 3. REGULATORY SUNSET. 

2 (a) IN GENERAL.—Section 553 of title 5, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘(f) EFFECTIVE DATE OF RULES.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), any rule required to be promulgated in 

8 accordance with this section shall cease to be effec9 tive on the date that is 10 years after the date on 

10 which the agency promulgates the rule. 

11 ‘‘(2) EXCEPTION.—The effective period of a 

12 rule described in paragraph (1) may be extended for 

13 additional periods of not more than 10 years if, be14 fore the date on which the rule ceases to be effective, 

15 the agency that promulgated the rule complies with 

16 the procedures under this section as if the rule were 

17 a new rule to be issued by the agency.’’. 

18 (b) EFFECTIVE DATE.—The amendment made under 

19 subsection (a) shall apply to a rule promulgated by an 

20 agency after the date of enactment of this Act. 

21 SEC. 4. ENFORCEMENT OF RULES. 

22 (a) ACTIONS REVIEWABLE.—Section 704 of title 5, 

23 United States Code, is amended— 

24 (1) by striking ‘‘Agency action’’ and inserting 

25 the following: 

26 ‘‘(a) IN GENERAL.—Agency action’’; and 


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•S 826 IS

1 (2) by adding at the end the following: 

2 ‘‘(b) CLARIFICATION OF FINAL AGENCY ACTION.— 

3 For purposes of this section, the term ‘final agency action’ 

4 includes interpretative rules, general statements of policy, 

5 and rules of agency organization, procedure, or practice 

6 issued by an agency.’’. 

7 (b) REVIEW IN COURT OF APPEALS.—Section 2342 

8 of title 28, United States Code, is amended— 

9 (1) in paragraph (6), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (7), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (3) by inserting after paragraph (7) the fol14 lowing new paragraph: 

15 ‘‘(8) all rules of an agency (as defined under 

16 section 551 of title 5) that— 

17 ‘‘(A) ceased to be effective under section 

18 553(f) of such title; and 

19 ‘‘(B) the agency continues to enforce.’’. 

Æ 


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