I 
112TH CONGRESS 
1ST SESSION H. R. 3068 
To require the periodic review and automatic termination of Federal 
regulations. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2011 
Mr. HULTGREN introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To require the periodic review and automatic termination 
of Federal regulations. 
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 2011’’. 
SEC. 2. PURPOSE. 
The purposes of this Act are— 
(1) to require agencies to regularly review their 
significant rules to determine whether they should be 
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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 
the Congress regarding the actual costs and burdens 
of rules being reviewed under this Act, and whether 
the rules are obsolete, unnecessary, duplicative, con-
flicting, 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 the Con-
gress to request that other rules that are not signifi-
cant 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 
the agencies. 
SEC. 3. REVIEW OF REGULATIONS. 
A covered rule shall be subject to review in accord-
ance with this Act. Upon completion of such review, the 
agency which has jurisdiction over such rule shall— 
(1) issue a final report under section 8(c)(2) 
continuing such rule, or 
(2) conduct a rulemaking in accordance with 
section 8(d) to modify, consolidate with another rule, 
or terminate such rule. 
SEC. 4. RULES COVERED. 
(a) COVERED RULES.—For purposes of this Act, 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 the Adminis-
trator under this Act for sunset review. 
(b) SIGNIFICANT RULES.—For purposes of this Act, 
a significant rule is a rule that the Administrator deter-
mines— 
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(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; or 
(3) was issued pursuant to a significant regu-
latory action, as that term is defined in Executive 
order 12866 (as in effect on the first date that Ex-
ecutive order was in effect). 
(c) 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 which has jurisdic-
tion over the rule requesting that such agency des-
ignate 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 peti-
tions received on the same rule and whether or not 
such petitions have been denied. 
(2) FORM AND CONTENT OF PETITION.—A pe-
tition under paragraph (1)— 
(A) shall be in writing, but is not otherwise 
required to be in any particular form; and 
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(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. 
(3) RESPONSE REQUIRED FOR NONCOMPLYING 
PETITIONS.—If an agency determines that a petition 
does not meet the requirements of this subsection, 
the agency shall provide a response to the petitioner 
within 30 days after receiving the petition, notifying 
the petitioner of the problem and providing informa-
tion 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 peti-
tion that meets the requirements of this subsection, 
the agency shall transmit a response to the peti-
tioner stating whether the petition was granted or 
denied, except that the agency may extend such pe-
riod by a total of not more than 30 days. 
(5) PETITIONS
DEEMED
GRANTED
FOR
SUB-
STANTIAL
INEXCUSABLE
DELAY.—A petition for 
sunset review of a rule 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, 
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beyond the period specified in paragraph (4), in no-
tifying the petitioner of the agency’s determination 
to grant or deny the petition. 
(6) PUBLIC LOG.—Each agency shall maintain 
a public log of petitions submitted under this sub-
section, 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 mem-
bers of such 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 request unless the Admin-
istrator 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 sub-
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section (c) or (d) for sunset review, the agency or the Ad-
ministrator shall promptly publish a notice of that des-
ignation in the Federal Register. 
SEC. 5. 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 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 pro-
cedures required for that rule. For purposes of this sec-
tion, the term ‘‘applicable requirements’’ includes any re-
quirement for cost-benefit analysis and any requirement 
for standardized risk analysis and risk assessment. 
(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. 
SEC. 6. SUNSET REVIEW PROCEDURES. 
(a) FUNCTIONS OF THE ADMINISTRATOR.— 
(1) NOTICE OF RULES SUBJECT TO REVIEW.— 
(A) INVENTORY AND FIRST LIST.—Within 
6 months after the date of the enactment of 
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this Act, the Administrator shall conduct an in-
ventory 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 sun-
set review for any other reason, and state 
the review deadline for each such rule. 
(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.—The Adminis-
trator 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 7(a)(1). 
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(B) 
PRIORITIZATIONS.—In 
determining 
which rules shall be given priority in time in 
that assignment, the Administrator shall con-
sult with appropriate agencies, and shall 
prioritize rule based on— 
(i) the grouping of related rules in ac-
cordance 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 reg-
ulated persons, including State and local 
governments; 
(iv) whether a particular rule has re-
cently 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 
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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 re-
views of existing rules. 
(3) GROUPING OF RELATED RULES.—The Ad-
ministrator shall group related rules under para-
graph (2) (and designate other rules) for simulta-
neous sunset review based upon their subject matter 
similarity, functional interrelationships, and other 
relevant factors to ensure comprehensive and coordi-
nated review of redundant, overlapping, and con-
flicting 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 comprehen-
sive sunset review whether or not such other rule is 
otherwise a covered rule under this Act. 
(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 by this Act to ensure 
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uniform, complete, and timely sunset reviews and to 
ensure notice and opportunity for public comment 
consistent with section 8. 
(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 re-
ceiving a preliminary report, the Administrator shall 
transmit comments to the head of the agency re-
garding— 
(A) the quality of the analysis in the re-
port, including whether the agency has properly 
applied section 5; 
(B) the consistency of the agency’s pro-
posed action with actions of other agencies; and 
(C) whether the rule should be continued 
without change, modified, consolidated with an-
other rule, or terminated. 
(b) AGENCY SUNSET REVIEW PROCEDURE.— 
(1) SUNSET
REVIEW
NOTICE.—At least 30 
months before the review deadline under section 7(a) 
for a covered rule issued by an agency, the agency 
shall— 
(A) publish a sunset review notice in ac-
cordance with section 8(a) in the Federal Reg-
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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 the Congress 
on 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) at least 1 year before the review dead-
line under section 7(a) for the covered rule, 
publish in the Federal Register, in accordance 
with section 8(b), and transmit to the Adminis-
trator 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 para-
graph (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 re-
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view deadline of the covered rule, the agency shall 
publish in the Federal Register, in accordance with 
section 8(c)(2) or 8(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 Act, 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 relat-
ing to such review. The written record of such con-
tact shall be made available, upon request, to the 
public. 
(c) EFFECTIVENESS
OF
AGENCY
RECOMMENDA-
TION.—If a final report under subsection (b)(3) rec-
ommends that a covered rule should be continued without 
change, the covered rule shall be continued. If a final re-
port 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 8(d). 
(d) PRESERVATION OF INDEPENDENCE OF FEDERAL 
BANK REGULATORY AGENCIES.—The head of any appro-
priate Federal banking agency (as that term is defined 
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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 au-
thority with respect to that agency that would otherwise 
be granted under section 7(a)(2)(B) to the Administrator 
or other officer designated by the President. 
SEC. 7. 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.—For a sig-
nificant 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 begin-
ning on the date of the enactment of this Act, as 
specified by 
the 
Administrator 
under 
section 
6(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 6(a)(2)(A), the ini-
tial review deadline is the last day of the 4-year pe-
riod beginning on the date of 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 either— 
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(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 pro-
cedures or that compliance with the rule re-
quires substantial capital investment, the 7-year 
period beginning on the date the rule takes ef-
fect. 
(3) RULES COVERED PURSUANT TO PUBLIC PE-
TITION OR CONGRESSIONAL REQUEST.—For any rule 
subject to sunset review pursuant to a public peti-
tion under section 4(c) or a congressional request 
under section 4(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 des-
ignated the rule for sunset review. 
(4) RELATED
RULE
DESIGNATED
FOR
RE-
VIEW.—For a rule that the Administrator designates 
under section 6(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-
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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 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 Act, if various provi-
sions 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 Act was completed. 
SEC. 8. SUNSET REVIEW NOTICES AND AGENCY REPORTS. 
(a) SUNSET REVIEW NOTICES.—The sunset review 
notice under section 6(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; 
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(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, 
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 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 
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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 Govern-
ment; 
(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 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; 
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(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 or 
safety or environmental benefits. 
(b) PRELIMINARY REPORTS ON SUNSET REVIEWS.— 
The preliminary report under section 6(b)(2) on the sun-
set review of a rule shall request public comments and con-
tain— 
(1) specific requests for factual findings and 
recommended legal conclusions regarding the appli-
cation of section 5 to the rule, the continued need 
for the rule, and whether the rule duplicates func-
tions of another rule; 
(2) a request for comments on whether the rule 
should be continued without change, modified, con-
solidated 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. 
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(c) FINAL REPORTS ON SUNSET REVIEWS.—The re-
port under section 6(b)(3) on the sunset review of a rule 
shall— 
(1) contain the factual findings and legal con-
clusions of the agency conducting the review regard-
ing the application of section 5 to the rule and the 
agency’s proposed recommendation as to whether 
the rule should be continued without change, modi-
fied, consolidated with another rule, or terminated; 
(2) in the case of a rule that the agency pro-
poses to continue without change, so state; 
(3) in the case of a rule that the agency pro-
poses to modify or consolidate with another rule, 
contain— 
(A) 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 
(B) the text of the rule as so modified or 
consolidated; and 
(4) in the case of a rule that the agency pro-
poses to terminate, contain a notice of proposed 
rulemaking for termination consistent with para-
graph (3)(A). 
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A final report described in paragraph (2) shall be pub-
lished in the Federal Register. 
(d) RULEMAKING.—The final report under subsection 
(c)(3) or (c)(4) shall be published in the Federal Register 
and its publication shall constitute publication of the no-
tice required by subsection (c)(3)(A). After publication of 
the final report under subsection (c)(3) or (c)(4) on a sun-
set review of a rule, the agency which conducted such re-
view shall conduct the rulemaking which is called for in 
such report. 
(e) LEGISLATIVE RECOMMENDATIONS.—In any case 
in which the head of an agency determines that a rule 
in a final report under subsection (c)(3) or (c)(4) cannot 
be changed, modified, or consolidated with another rule 
without legislative action, such head shall include in such 
final report a description of what legislative changes are 
required to implement the recommendations in such final 
report with regard to such rule. 
SEC. 9. 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. The Regulatory Review Officer of an agency shall 
be responsible for the implementation of this Act by the 
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agency and shall report directly to the head of the agency 
and the Administrator with respect to that responsibility. 
SEC. 10. RELATIONSHIP TO THE ADMINISTRATIVE PROCE-
DURE ACT. 
Nothing in this Act is intended to supersede the pro-
visions of chapters 5, 6, and 7 of title 5, United States 
Code. 
SEC. 11. EFFECT OF TERMINATION OF A COVERED RULE. 
(a) EFFECT OF TERMINATION, GENERALLY.—If a 
covered rule is terminated pursuant to 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. 
(b) EFFECT ON DEADLINES.— 
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(1) IN GENERAL.—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, un-
less otherwise provided by a law. 
(2) DEADLINE DEFINED.—In this subsection, 
the term ‘‘deadline’’ means any date certain for ful-
filling any obligation or exercising any authority es-
tablished by or under any Federal rule, or by or 
under any court order implementing any Federal 
rule. 
SEC. 12. JUDICIAL REVIEW. 
(a) IN GENERAL.—A denial or substantial inexcus-
able delay in granting or denying a petition under section 
4(c) shall be considered final agency action subject to re-
view under section 702 of title 5, United States Code. A 
denial of a congressional request under section 4(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 
Act may not be brought— 
(1) in the case of a final agency action denying 
a public petition under section 4(c) or continuing 
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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 petition for a rule under section 
4(c), more than 1 year after the period applicable to 
the rule under section 4(c)(4). 
(c) 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 
is intended to affect the availability or standard of judicial 
review for agency regulatory action. 
SEC. 13. 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
THE
CON-
GRESS.—The term ‘‘appropriate committee of the 
Congress’’ means, with respect to a rule, each stand-
ing committee of Congress having authority under 
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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) MAJOR
RULE.—The term ‘‘major rule’’ 
means any rule that the Administrator of the Office 
of Information and Regulatory Affairs in the Office 
of Management and Budget finds has resulted 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, 
State, or local government agencies, or geo-
graphic regions; or 
(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, or on the ability of United States- 
based enterprises to compete with foreign-based 
enterprises in domestic and export markets. 
(5) RULE.— 
(A) GENERAL RULE.—Subject to subpara-
graph (B), the term ‘‘rule’’ means any agency 
statement of general applicability and future ef-
fect, including agency guidance documents, de-
signed to implement, interpret, or prescribe law 
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or policy, or describing the procedures or prac-
tices of an agency, or intended to assist in such 
actions, but does not include— 
(i) regulations or other agency state-
ments 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 state-
ments that are limited to agency organiza-
tion, management, or personnel matters; 
(iii) regulations or other agency state-
ments 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 usu-
ally modified each year (or more fre-
quently), or are reviewed regularly and 
usually modified based on changing eco-
nomic or seasonal conditions; 
(v) regulations or other agency actions 
that grant an approval, license, permit, 
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registration, or similar authority or that 
grant or recognize an exemption or relieve 
a restriction, or any agency action nec-
essary to permit new or improved applica-
tions of technology or to allow the manu-
facture, distribution, sale, or use of a sub-
stance or product; and 
(vi) regulations or other agency state-
ments 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 Act, 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 Adminis-
trator shall be treated as one rule. 
(6) SUNSET
REVIEW.—The term ‘‘sunset re-
view’’ means a review of the rule under this Act. 
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SEC. 14. 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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