I 
114TH CONGRESS 
1ST SESSION H. R. 2010 
To require the periodic review and automatic termination of Federal 
regulations. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2015 
Mr. HULTGREN (for himself, Mr. RIBBLE, and Mr. FRANKS of Arizona) intro-
duced the following bill; which was referred to the Committee on Over-
sight 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 jurisdic-
tion of the committee concerned 
A BILL 
To require the periodic review and automatic termination 
of Federal regulations. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulatory Review and 
Sunset Act of 2015’’. 
SEC. 2. PURPOSE. 
The purposes of this Act are— 
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(1) to require agencies to regularly review sig-
nificant rules to determine whether the rules should 
be continued without change, modified, consolidated 
with another rule, or terminated; 
(2) to require agencies to consider the com-
ments of the public, the regulated community, and 
Congress regarding the actual costs and burdens of 
rules reviewed under this Act, and whether the rules 
are obsolete, unnecessary, duplicative, conflicting, or 
otherwise inconsistent; 
(3) to require that any rules continued in effect 
under this Act meet all the legal requirements that 
would apply to the issuance of a new rule, including 
any applicable Federal cost-benefit and risk assess-
ment 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 Congress 
to request that other rules that are not significant 
be reviewed in the same manner as significant rules; 
and 
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(6) to require the Administrator to coordinate 
and be responsible for sunset reviews conducted by 
agencies. 
SEC. 3. DESIGNATION OF RULES FOR SUNSET REVIEW. 
(a) COVERED RULES.—A covered rule shall be sub-
ject to sunset review in accordance with this Act. 
(b) PUBLIC PETITIONS.— 
(1) IN
GENERAL.—Any person adversely af-
fected by a rule that is not a significant rule may 
submit a petition to the agency that has jurisdiction 
over the rule requesting that the agency designate 
the rule for sunset review, which shall— 
(A) be in writing, but is not otherwise re-
quired to be in any particular form; and 
(B) identify the rule for which sunset re-
view is requested with reasonable specificity and 
state on its face that the petitioner seeks sunset 
review of the rule. 
(2) RESPONSE REQUIRED FOR NONCOMPLYING 
PETITIONS.—If an agency determines that a petition 
submitted under paragraph (1) does not meet the 
requirements of this subsection, the agency shall 
provide a response to the petitioner not later than 
30 days after the date on which the agency received 
the petition, which shall— 
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(A) notify the petitioner of the problem; 
and 
(B) provide information on how to formu-
late a petition that meets those requirements. 
(3) DECISION
WITHIN 90 DAYS.—Not later 
than 90 days after the date on which an agency re-
ceives a petition under paragraph (1) that meets the 
requirements of this subsection, the agency shall 
transmit a response to the petitioner stating whether 
the petition was granted or denied, except that the 
agency may extend such period by a total of not 
more than 30 days. 
(4) PETITIONS
DEEMED
GRANTED
FOR
SUB-
STANTIAL
INEXCUSABLE
DELAY.—A petition sub-
mitted under paragraph (1) is deemed to have been 
granted by an 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 (3), in no-
tifying the petitioner of the determination of the 
agency to grant or deny the petition. 
(5) PUBLIC LOG.—Each agency shall maintain 
a public log of petitions submitted under paragraph 
(1), which shall include the status or disposition of 
each petition. 
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(c) CONGRESSIONAL REQUESTS.— 
(1) IN GENERAL.—An appropriate committee of 
Congress, or a majority of the majority party mem-
bers or a majority of nonmajority party members of 
such committee, may request in writing that the Ad-
ministrator designate any rule that is not a signifi-
cant rule for sunset review. 
(2) DESIGNATION
BY
ADMINISTRATOR.—Not 
later than 30 days after the date on which the Ad-
ministrator receives a request under paragraph (1), 
the Administrator shall designate the rule for sunset 
review, unless the Administrator determines that it 
would not be in the public interest to conduct a sun-
set review of the rule. 
(3) NOTICE OF DENIAL.—If the Administrator 
denies a request under paragraph (1), the Adminis-
trator shall transmit to the committee of Congress 
making the request a notice stating the reasons for 
the denial. 
(d) PUBLICATION OF NOTICE OF DESIGNATION FOR 
SUNSET REVIEW.—After designating a rule under sub-
section (b) or (c) for sunset review, the agency or the Ad-
ministrator, as applicable, shall promptly publish a notice 
of that designation in the Federal Register. 
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SEC. 4. 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 Act, such rule shall 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 pro-
cedures required for that rule. 
(b) GOVERNING LAW.—If there is a conflict between 
applicable requirements and an Act under which a rule 
was issued, the conflict shall be resolved in the same man-
ner as such conflict would be resolved if the agency were 
issuing a new rule. 
(c) APPLICABLE REQUIREMENTS DEFINED.—In this 
section, the term ‘‘applicable requirements’’ includes any 
requirement for— 
(1) cost-benefit analysis; and 
(2) standardized risk analysis and risk assess-
ment. 
SEC. 5. SUNSET REVIEW PROCEDURES. 
(a) FUNCTIONS OF THE ADMINISTRATOR.— 
(1) NOTICE OF RULES SUBJECT TO REVIEW.— 
(A) INVENTORY
AND
FIRST
LIST.—Not 
later than 6 months after the date of the enact-
ment of this Act, the Administrator shall con-
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duct an inventory of rules in effect on the date 
of the enactment of this Act and publish a first 
list of covered rules, which 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 in accordance with section 
6(a)(1); and 
(ii) include other rules subject to sun-
set review for any other reason, and state 
the review deadline for each such rule in 
accordance with section 6(a)(1). 
(B) SUBSEQUENT
LISTS.—After publica-
tion 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.—To permit or-
derly and prioritized sunset reviews, the Admin-
istrator shall— 
(i) assign each significant rule in ef-
fect on the date of the enactment of this 
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Act to 1 of 4 groups established by the Ad-
ministrator; and 
(ii) specify for each such group an ini-
tial review deadline in accordance with sec-
tion 6(a)(1). 
(B) 
PRIORITIZATIONS.—In 
determining 
which rules shall be given priority in time in the 
assignment under subparagraph (A)(i), the Ad-
ministrator shall— 
(i) consult with appropriate agencies; 
and 
(ii) prioritize rules based on— 
(I) the grouping of related rules 
under 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-ben-
efit analysis and risk assessment, with 
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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 discre-
tion to an official in issuing the rule, 
with priority in time given to those 
rules that were issued under provi-
sions that provide relatively greater 
discretion; 
(VI) the burden of reviewing each 
rule on the reviewing agency; and 
(VII) the need for orderly proc-
essing and the timely completion of 
the sunset reviews of rules in effect on 
the date of the enactment of this Act. 
(3) GROUPING OF RELATED RULES.—The Ad-
ministrator shall— 
(A) group related rules under paragraph 
(2) (and designate other rules) for simultaneous 
sunset review based upon subject matter simi-
larity, functional interrelationships, and other 
relevant factors to ensure comprehensive and 
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coordinated review of redundant, overlapping, 
and conflicting rules and requirements; 
(B) ensure simultaneous sunset reviews of 
covered rules without regard to whether they 
were issued by the same agency; and 
(C) shall designate any other rule for sun-
set review that is necessary for a comprehensive 
sunset review whether or not such other rule is 
otherwise a covered rule. 
(4) GUIDANCE.—The Administrator shall pro-
vide timely guidance to agencies on the conduct of 
sunset reviews and the preparation of sunset review 
notices and reports required under this Act to en-
sure— 
(A) uniform, complete, and timely sunset 
reviews; and 
(B) notice and opportunity for public com-
ment under section 7(a). 
(5) REVIEW AND EVALUATION OF REPORTS.— 
Not later than 90 days after receiving a preliminary 
report under subsection (b)(2), the Administrator 
shall— 
(A) review and evaluate each preliminary 
and final report submitted by an agency under 
paragraphs (2) and (3) of subsection (b); and 
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(B) transmit comments to the head of the 
agency regarding— 
(i) the quality of the analysis in the 
report, including whether the agency has 
properly applied section 4; 
(ii) the consistency of the proposed 
action of the agency with actions of other 
agencies; and 
(iii) whether the rule should be contin-
ued without change, modified, consolidated 
with another rule, or terminated. 
(b) AGENCY SUNSET REVIEW PROCEDURE.— 
(1) SUNSET REVIEW NOTICE.—Not less than 30 
months before the review deadline under section 6(a) 
for a covered rule issued by an agency, the agency 
shall— 
(A) publish a sunset review notice in ac-
cordance with section 7(a) in the Federal Reg-
ister and, to the extent reasonable and prac-
ticable, 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 Congress on 
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whether to continue without change, modify, 
consolidate, or terminate the covered rule. 
(2) PRELIMINARY REPORT.—In reviewing a cov-
ered rule, the agency shall— 
(A) consider public comments and other 
recommendations generated by a sunset review 
notice under paragraph (1); and 
(B) not less than 1 year before the review 
deadline under section 6(a) for the covered rule, 
publish in the Federal Register, in accordance 
with section 7(b), and transmit to the Adminis-
trator and the appropriate committees of the 
Congress a preliminary report. 
(3) FINAL REPORT.—The agency shall— 
(A) consider the public comments and 
other recommendations generated by the pre-
liminary report under paragraph (2) for a cov-
ered rule; 
(B) consult with the appropriate commit-
tees of Congress before issuing a final report; 
and 
(C) not less than 90 days before the review 
deadline of the covered rule, publish in the Fed-
eral Register, in accordance with section 7(c)(2) 
or 7(d), and transmit a final report to the Ad-
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ministrator and the appropriate committees of 
Congress. 
(4) OPEN
PROCEDURES
REGARDING
SUNSET 
REVIEW.—In any sunset review conducted under this 
Act, the agency conducting the review shall make a 
written record describing the subject of all contacts 
the agency or Administrator made with non-govern-
mental persons outside the agency relating to the re-
view, which shall be made available, upon request, to 
the public. 
(c) EFFECTIVENESS
OF
AGENCY
RECOMMENDA-
TION.—If a final report under subsection (b)(3)— 
(1) recommends that a covered rule should be 
continued without change, the covered rule shall be 
continued; and 
(2) recommends that a covered rule should be 
modified, consolidated with another rule, or termi-
nated, the rule may be modified, so consolidated, or 
terminated in accordance with section 7(d). 
(d) PRESERVATION OF INDEPENDENCE OF FEDERAL 
BANK REGULATORY AGENCIES.—The head of any appro-
priate Federal banking agency, the Federal Housing Fi-
nance Board, the National Credit Union Administration, 
and the Office of Federal Housing Enterprise Oversight 
shall have the authority with respect to that agency that 
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would otherwise be granted under subsection (a) to the 
Administrator. 
SEC. 6. REVIEW DEADLINES FOR COVERED RULES. 
(a) IN GENERAL.—For purposes of this Act, the re-
view deadline of a covered rule is as follows: 
(1) EXISTING SIGNIFICANT RULES.— 
(A) IN GENERAL.—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 5(a)(2)(A). 
(B) OTHER SIGNIFICANT RULES.—For a 
significant rule that is not assigned to such a 
group specified under section 5(a)(2)(A) on the 
date that is 6 months after the date of the en-
actment of this Act, the initial review deadline 
is the last day of the 4-year period beginning on 
the date of the enactment of this Act. 
(2) NEW SIGNIFICANT RULES.—For a signifi-
cant rule that first takes effect after the date of the 
enactment of this Act, the initial review deadline is 
the last day of the 10-year period beginning on the 
date on which the rule takes effect. 
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(3) RULES COVERED PURSUANT TO PUBLIC PE-
TITION OR CONGRESSIONAL REQUEST.—For a rule 
subject to sunset review pursuant to a public peti-
tion under section 3(b) or a congressional request 
under section 3(c), the initial review deadline is the 
last day of the 3-year period beginning on— 
(A) the date on which the agency or Ad-
ministrator so designates the rule for sunset re-
view; or 
(B) the date of issuance of a final court 
order that the agency is deemed to have des-
ignated the rule for sunset review. 
(4) RELATED
RULE
DESIGNATED
FOR
RE-
VIEW.—For a rule that the Administrator designates 
under section 5(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 ini-
tial review deadline is the same as the review dead-
line 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 pub-
lishing notice thereof in the Federal Register that de-
scribes the reasons why the temporary extension is nec-
essary to respond to or prevent an emergency situation. 
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(c) DETERMINATIONS WHERE RULES HAVE BEEN 
AMENDED.—For purposes of this Act, if various provi-
sions of a covered rule were issued at different times, 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 on which the most recent review 
and revision of the rule under this Act was com-
pleted. 
SEC. 7. SUNSET REVIEW NOTICES AND AGENCY REPORTS. 
(a) SUNSET REVIEW NOTICES.—The sunset review 
notice required under section 5(b)(1) for a covered 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 implemen-
tation 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, 
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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 the rule covers; 
(B) whether the rule as a whole, or any 
major feature of it, is outdated, obsolete, or un-
necessary, whether by change of technology, the 
marketplace, or otherwise; 
(C) the extent to which the rule or infor-
mation required to comply with the rule dupli-
cated, conflicted, or overlapped with require-
ments 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 accu-
rate; 
(E) whether the rule unnecessarily im-
peded 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 Federal 
Government; 
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(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 re-
quired 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 the rule; 
(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 
the rule; 
(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 unin-
tended consequences; 
(K) the extent to which information re-
quirements under the rule can be reduced; and 
(L) the extent to which the rule has con-
tributed positive benefits, particularly health, 
safety, or environmental benefits. 
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(b) PRELIMINARY REPORTS ON SUNSET REVIEWS.— 
The preliminary report required under section 5(b)(2) on 
the sunset review of a covered rule shall contain— 
(1) a request for public comments; 
(2) specific requests for factual findings and 
recommended legal conclusions regarding the appli-
cation of section 4 to the rule, the continued need 
for the rule, and whether the rule duplicates func-
tions of another rule; 
(3) a request for comments on whether the rule 
should be continued without change, modified, con-
solidated with another rule, or terminated; and 
(4) 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.—The report required under 
section 5(b)(3) on the sunset review of a covered 
rule shall— 
(A) contain the factual findings and legal 
conclusions of the agency conducting the review 
regarding the application of section 5 to the 
rule and the proposed recommendation of the 
agency as to whether the rule should be contin-
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ued 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 pro-
posed rulemaking for termination consistent 
with subparagraph (C)(i). 
(2) PUBLICATION.—A final report under para-
graph (1)(B) shall be published in the Federal Reg-
ister. 
(d) RULEMAKING.— 
(1) PUBLICATION.—A final report under sub-
paragraph (C) or (D) of subsection (c)(1) shall be 
published in the Federal Register, which shall con-
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stitute publication of the notice required under sub-
section (c)(1)(C)(i). 
(2) REQUIREMENT.—After publication of a 
final report under subparagraph (C) or (D) of sub-
section (c)(1), the agency that conducted the sunset 
review of the covered rule shall conduct the rule-
making that is required in such final report. 
(e) LEGISLATIVE RECOMMENDATIONS.—In any case 
in which the head of an agency determines that a rule 
in a final report under subparagraph (C) or (D) of sub-
section (c)(1) cannot be changed, modified, or consolidated 
with another rule without legislative action, the head of 
the agency shall include in the final report a description 
of what legislative changes are required to implement the 
recommendations in the final report with regard to the 
rule. 
SEC. 8. DESIGNATION OF AGENCY REGULATORY REVIEW 
OFFICERS. 
The head of each agency shall designate an officer 
of the agency as the Regulatory Review Officer of the 
agency, who shall— 
(1) be responsible for the implementation of 
this Act by the agency; and 
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(2) report directly to the head of the agency 
and the Administrator with respect to that responsi-
bility. 
SEC. 9. RELATIONSHIP TO THE ADMINISTRATIVE PROCE-
DURE ACT. 
Nothing in this Act shall be construed to supersede 
the provisions of chapter 5, 6, or 7 of title 5, United States 
Code. 
SEC. 10. EFFECT OF TERMINATION OF A COVERED RULE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), if a covered rule is terminated under this Act— 
(1) this Act shall not be construed to prevent 
the President or an agency from exercising any au-
thority that otherwise exists to implement the stat-
ute under which the rule was issued; 
(2) in an agency proceeding or court action be-
tween 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 Act 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 termi-
nated. 
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(b) EFFECT ON DEADLINES.— 
(1) DEFINITION.—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. 
(2) EFFECT.—Notwithstanding subsection (a), 
any deadline for, relating to, or involving any action 
dependent upon, any rule terminated under this Act 
is suspended until the agency that issued the rule 
issues a new rule on the same matter, unless other-
wise provided by a law. 
SEC. 11. JUDICIAL REVIEW. 
(a) PUBLIC PETITION.—A denial or substantial inex-
cusable delay in granting or denying a public petition 
under section 3(b) shall be considered a final agency ac-
tion subject to review under section 702 of title 5, United 
States Code. 
(b) CONGRESSIONAL REQUEST.—A denial of a con-
gressional request under section 3(c) shall not be subject 
to judicial review. 
(c) 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 
Act may not be brought— 
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(1) in the case of a final agency action denying 
a public petition under section 3(b) or continuing 
without change, modifying, consolidating, or termi-
nating 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 public petition section 3(b), more 
than 1 year after the period applicable to the rule 
under section 3(b)(4). 
(d) AVAILABILITY
OF JUDICIAL REVIEW UNAF-
FECTED.—Except to the extent that there is a direct con-
flict with the provisions of this Act, nothing in this Act 
shall be construed to affect the availability or standard 
of judicial review for agency regulatory action. 
SEC. 12. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Office of In-
formation 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 CONGRESS.— 
The term ‘‘appropriate committee of Congress’’ 
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means, with respect to a rule, each standing com-
mittee of Congress having authority under the Rules 
of the House of Representatives or the Senate to re-
port a bill to amend the provision of law under 
which the rule is issued. 
(4) APPROPRIATE
FEDERAL
BANKING
AGEN-
CY.—The term ‘‘appropriate Federal banking agen-
cy’’ has the meaning given that term under section 
3(q) of the Federal Deposit Insurance Act (12 
U.S.C. 1813(q)). 
(5) COVERED RULE.—The term ‘‘covered rule’’ 
means a rule that— 
(A) is determined by the Administrator to 
be a significant rule; or 
(B) is any other rule designated by an 
agency or the Administrator for sunset review 
under this Act. 
(6) MAJOR
RULE.—The term ‘‘major rule’’ 
means any rule that the Administrator finds has re-
sulted in or is likely to result in— 
(A) an annual effect on the economy of 
$100,000,000 or more; 
(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
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State, or local government agencies, or geo-
graphic regions; or 
(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, or the ability of United States-based 
enterprises to compete with foreign-based enter-
prises in domestic and export markets. 
(7) RULE.—The term ‘‘rule’’— 
(A) means— 
(i) 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 as-
sist in such actions; and 
(ii) each set of rules— 
(I) designated in the Code of 
Federal Regulations as a part; and 
(II) that do not appear in the 
Code of Regulations and are com-
parable to a part of that Code under 
guidelines established by the Adminis-
trator; and 
(B) does not include— 
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(i) regulations or other agency state-
ments— 
(I) issued in accordance with for-
mal rulemaking provisions of sections 
556 and 557 of title 5, United States 
Code, or in accordance with other 
statutory formal rulemaking proce-
dures required for such regulations or 
statements; 
(II) that are limited to agency or-
ganization, management, or personnel 
matters; 
(III) issued with respect to a 
military or foreign affairs function of 
the United States; or 
(IV) that the Administrator cer-
tifies in writing are necessary for the 
enforcement of the Federal criminal 
laws; 
(ii) regulations, statements, or other 
agency actions that are reviewed and usu-
ally modified each year (or more fre-
quently), or are reviewed regularly and 
usually modified based on changing eco-
nomic or seasonal conditions; or 
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(iii) regulations or other agency ac-
tions that grant an approval, license, per-
mit, registration, or similar authority or 
that grant or recognize an exemption or re-
lieve a restriction, or any agency action 
necessary to permit new or improved appli-
cations of technology or to allow the manu-
facture, distribution, sale, or use of a sub-
stance or product. 
(8) SIGNIFICANT RULE.—The term ‘‘significant 
rule’’ means a rule that the Administrator deter-
mines— 
(A) has resulted in or is likely to result in 
an 
annual 
effect 
on 
the 
economy 
of 
$100,000,000 or more; 
(B) is a major rule; or 
(C) was issued pursuant to a significant 
regulatory action, as that term is defined in Ex-
ecutive Order 12866 (5 U.S.C. 601 note; relat-
ing to regulatory planning and review), as in ef-
fect on September 30, 1993. 
(9) SUNSET
REVIEW.—The term ‘‘sunset re-
view’’ means a review of a rule under this Act. 
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SEC. 13. SUNSET OF THIS ACT. 
This Act shall have no force or effect after the 10- 
year period beginning on the date of the enactment of this 
Act. 
Æ 
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