I
104TH CONGRESS
1ST SESSION
H. R. 994
To require the periodic review and automatic termination of Federal
regulations.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 21, 1995
Mr. CHAPMAN (for himself, Mr. MICA, Mr. DELAY, Mr. DEAL of Georgia, and
Mr. PETE GEREN of Texas) introduced the following bill; which was re-
ferred to the Committee on Government Reform and Oversight and, in
addition, to the Committee on the Judiciary, for a period to be subse-
quently 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.
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 Sunset and
Review Act of 1995’’.
SEC. 2. PURPOSE.
The purposes of this Act are the following:
(1) To require agencies to regularly review their
regulations and make recommendations to termi-
nate, continue in effect, modify, or consolidate those
regulations.
(2) To require agencies to submit those rec-
ommendations to the Administrator of the Office of
Information and Regulatory Affairs and to the Con-
gress.
(3) To provide for the automatic termination of
regulations that are not continued in effect after
such review.
(4) To designate a Regulatory Review Officer
within each agency, who is responsible for the imple-
mentation of this Act by the agency.
SEC. 3. REVIEW AND TERMINATION OF REGULATIONS.
(a) IN GENERAL.—Except as provided in subsection
(c), the effectiveness of a regulation issued by an agency
shall terminate on the applicable termination date under
subsection (b), and the regulation shall have no force or
effect after that termination date, unless the head of the
agency—
(1) reviews the regulation in accordance with
section 4;
(2) after the review, and at least 120 days be-
fore that termination date, submits to the Congress
and publishes in the Federal Register a preliminary
report on the findings and proposed recommenda-
tions of that review in accordance with section
5(a)(1);
(3) reviews and considers comments regarding
the preliminary report that are transmitted to the
agency by the Administrator and appropriate com-
mittees of the Congress during the 60-day period be-
ginning on the date of submission of the preliminary
report; and
(4) after the 60-day period beginning on the
date of submission of the preliminary report to the
Congress, but not later than 60 days before that ter-
mination date, submits to the Congress and pub-
lishes in the Federal Register—
(A) a final report on the review under sec-
tion 4 in accordance with section 5(a)(2), and
(B) a notice extending the effectiveness of
the regulation, with or without modifications, as
of the end of the 60-day period beginning on
the date of that publication.
(b) TERMINATION DATES.—For purposes of sub-
section (a), the termination date of a regulation is as fol-
lows:
cates, conflicts with, or overlaps requirements under
regulations of other agencies.
(3) The extent to which the regulation impedes
competition.
(4) Whether the benefits to society from the
regulation exceed the costs to society from the regu-
lation.
(5) Whether the regulation is based on ade-
quate and correct information.
(6) Whether the regulation is worded as simply
and clearly as possible.
(7) Whether the most cost-efficient alternative
was chosen in the regulation to achieve the objective
of the regulation.
(8) The extent to which information require-
ments under the regulation can be reduced, particu-
larly for small businesses.
(9) Whether the regulation is fashioned to
maximize net benefits to society.
(10) Whether the regulation is clear and certain
regarding who is required to comply with the regula-
tion.
(11) Whether the regulation maximizes the util-
ity of market mechanisms to the extent feasible.
(12) Whether the condition of the economy and
of regulated industries is considered.
(13) Whether the regulation imposes on the pri-
vate sector the minimum economic burdens nec-
essary to achieve the purposes of the regulation.
(14) Whether the total effect of the regulation
across agencies has been examined.
(15) Whether the regulation is crafted to mini-
mize needless litigation.
(16) Whether the regulation is necessary to
protect the health and safety of the public.
(17) Whether the regulation has resulted in un-
intended consequences.
(18) Whether performance standards or other
alternatives were utilized to provide adequate flexi-
bility to the regulated industries.
(c) REQUIREMENT
TO SOLICIT COMMENTS FROM
THE PUBLIC AND PRIVATE SECTOR.—In reviewing regu-
lations under this section, the head of an agency shall so-
licit comments from the public (including the private sec-
tor) regarding the application of the criteria set forth in
subsection (b) to the regulation before making determina-
tions under this section and sending a report under section
5(a) regarding a regulation.
SEC. 5. AGENCY REPORTS.
(a) PRELIMINARY AND FINAL REPORTS ON REVIEWS
OF REGULATIONS.—The head of an agency shall submit
to the President, the Administrator, and the Congress and
publish in the Federal Register for each review of a regu-
lation under section 4—
(1) a preliminary report that contains—
(A) specific findings of the agency regard-
ing—
(i) application of the criteria set forth
in section 4(b) to the regulation;
(ii) the need for the function of the
regulation; and
(iii) whether the regulation duplicates
functions of another regulation; and
(B) proposed recommendations on wheth-
er—
(i) the effectiveness of the regulation
should terminate or be extended;
(ii) the regulation should be modified;
and
(iii) the regulation should be consoli-
dated with another regulation; and
(2) a final report on the findings and rec-
ommendations of the agency head regarding exten-
sion of the effectiveness of the regulation and any
appropriate modifications to the regulation that in-
cludes—
(A) a full justification of the decision to
extend and, if applicable, modify the regulation;
and
(B) the factual basis for all determinations
made with respect to that extension or modi-
fication under the criteria set forth in section
4(b).
(b) REPORT ON SCHEDULE FOR REVIEWING EXIST-
ING REGULATIONS.—Not later than 100 days after the
date of the enactment of this Act, and annually thereafter,
the head of each agency shall submit to the Administrator
and the Congress and publish in the Federal Register a
report stating a schedule for reviewing in accordance with
this Act regulations issued by the agency before the date
of that submission. The first schedule shall give priority
to reviewing during the 3-year period beginning on the
date of the enactment of this Act regulations that have
an annual effect on the economy of $100,000,000 or more
or adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the envi-
ronment, public health or safety, or State, local, or tribal
governments or communities.
SEC. 6. FUNCTIONS OF ADMINISTRATOR.
(a) IN GENERAL.—The Administrator shall—
(1) review and evaluate each report submitted
by the head of an agency under section 5(a), regard-
ing—
(A) the quality of the analysis in the re-
ports;
(B) whether the agency has properly ap-
plied the criteria set forth in section 4(b); and
(C) the consistency of the agency action
with actions of other agencies; and
(2) transmit to the head of the agency the rec-
ommendations of the Administrator regarding the
report.
(b) GUIDANCE.—The Administrator shall provide
guidance to agencies on the conduct of reviews and the
preparation of reports under this Act.
SEC. 7. DESIGNATION OF AGENCY REGULATORY REVIEW
OFFICERS.
(a) IN GENERAL.—The head of each agency shall
designate an officer of the agency as the Regulatory Re-
view Officer of the agency.
(b) FUNCTIONS.—The Regulatory Review Officer of
an agency shall—
(1) be responsible for the implementation of
this Act by the agency; and
(2) report directly to the head of the agency
with respect to that responsibility.
SEC. 8. JUDICIAL REVIEW.
Notwithstanding any other provisions of law, an ac-
tion seeking judicial review of an agency action under this
Act extending, terminating, modifying, or consolidating a
regulation may not be brought after the 30-day period be-
ginning on the date of the publication of a notice under
section 3(a)(4) for that action.
SEC. 9. REQUIREMENT TO PROVIDE CONGRESS NOTICE
AND OPPORTUNITY TO COMMENT BEFORE
MODIFYING, EXTENDING, OR TERMINATING
REGULATION.
An agency may not modify a regulation or terminate
or extend the effective period of a regulation, unless the
head of the agency—
(1) submits to the Congress—
(A) notice of the proposal to take that ac-
tion, at least 120 days before the effective date
of that action; and
(B) notice of the final determination to
take that action, at least—
(i) 60 days after submitting notice
under subparagraph (A) for the action;
and
(ii) 60 days before the effective date
of the action; and
(2) reviews and considers comments submitted
to the agency by appropriate committees of the Con-
gress during the 60-day period beginning on the
date of submittal of notice under paragraph (1)(A)
for the action.
SEC. 10. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Office.
(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
CON-
GRESS.—The term ‘‘appropriate committee of the
Congress’’ means with respect to a regulation each
standing committee of the Congress having authority
under the rules of the House of Representatives or
the Senate to report a bill to enact or amend the
provision of law under which the regulation is is-
sued.
(4) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Information and Regulatory Affairs in the Of-
fice of Management and Budget.
(5) 
REGULATION.—The 
term 
‘‘regulation’’
means the whole or a part of an agency statement
of general or particular applicability and future ef-
fect designed to implement, interpret, or prescribe
law or policy, other than such a statement to carry
out a routine administrative function of an agency.
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