I
103D CONGRESS
1ST SESSION
H. R. 3628
To establish the Regulatory Sunset Commission to review regulations of
executive agencies, and to provide for the automatic termination of regu-
lations that are not authorized by the Commission to continue in effect.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 22, 1993
Mr. CHAPMAN introduced the following bill; which was referred jointly to the
Committees on the Judiciary and Government Operations
A BILL
To establish the Regulatory Sunset Commission to review
regulations of executive agencies, and to provide for the
automatic termination of regulations that are not author-
ized by the Commission to continue in effect.
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 Act
of 1993’’.
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, or modify those regulations.
(2) To designate a Regulatory Review Officer
within each agency, who is responsible for furthering
compliance by the agency with the requirements of
this Act.
(3) To establish a Commission to perform sun-
set reviews of all agency regulations.
(4) To provide for the automatic termination of
agency regulations that are not authorized by the
Commission to continue in effect after such reviews.
SEC. 3. DEFINITIONS.
In this Act:
(1) AGENCY.—The term ‘‘agency’’ means an
Executive agency, as that term is defined in section
105 of title 5, United States Code.
(2) 
REGULATION.—The 
term 
‘‘regulation’’
means a rule, as that term is defined in section
551(4) of title 5, United States Code, that is issued
by an agency.
(3) COMMISSION.—The term ‘‘Commission’’
means the Regulatory Sunset Commission estab-
lished by section 103.
TITLE I—SUNSET REVIEWS
SEC. 101. REVIEW AND TERMINATION OF REGULATIONS.
(a) IN GENERAL.—Except as provided in subsection
(b), regulations shall be reviewed by the Commission and
terminate as follows:
(1) EXISTING REGULATIONS.—A regulation in
effect on the date of the enactment of this Act—
(A) shall be reviewed by the Commission
before the end of the 7-year period beginning
on that date of enactment, and
(B) shall not be effective after that 7-year
period, unless before the end of that period the
regulation is reviewed and authorized by the
Commission to continue in effect in accordance
with this Act.
(2) NEW REGULATIONS.—A regulation that is
first effective after that date of enactment—
(A) shall be reviewed by the Commission
before the end of the 3-year period beginning
on the first date it is effective, and
(B) shall not be effective after that 3-year
period, unless before the end of that period the
regulation is reviewed and authorized by the
Commission to continue in effect in accordance
with this Act.
(3) REGULATIONS CONTINUED IN EFFECT.—A
regulation that is reviewed and authorized by the
Commission to continue in effect under this sub-
section or subsection (b)(3)—
(A) shall be reviewed by the Commission
before the end of the 7-year period beginning
on the date of the last such authorization, and
(B) shall not be effective after the end of
that 7-year period, unless before the end of that
period the regulation is reviewed and authorized
by the Commission to continue in effect in ac-
cordance with this Act.
(b) CONTINUED EFFECTIVENESS WITH RESPECT TO
MODIFICATIONS.—
(1) 6-MONTH EXTENSION.—A regulation that
would otherwise terminate under subsection (a) shall
continue in effect for the 6-month period beginning
on the date on which that termination would occur,
if the Commission includes in a report under section
102(d) for the regulation any recommendation of
modifications that should be made to the regulation.
(2) SUBSEQUENT REVIEW.—Before the end of
the 6-month period under paragraph (1) for a regu-
lation, the Commission shall review the regulation
and determine whether the modifications rec-
ommended by the Commission have been made.
(3) FURTHER
EXTENSION.—The Commission
shall authorize a regulation continued in effect
under paragraph (1) to continue in effect for the 7-
year period beginning on the first day of the 6-
month period for the regulation under paragraph
(1), if the Commission determines in accordance
with paragraph (2) that the modifications rec-
ommended by the Commission have been made.
SEC. 102. REVIEW OF REGULATIONS BY COMMISSION.
(a) IN GENERAL.—The Commission shall—
(1) continuously review all regulations in ac-
cordance with section 101 and this section;
(2) make determinations regarding whether reg-
ulations should terminate or be authorized to con-
tinue in effect;
(3) recommend modifications that should be
made to regulations; and
(4) authorize regulations to continue in effect,
as determined by the Commission to be appropriate.
(b) CRITERIA FOR REVIEW.—The Commission shall
consider the following criteria in determining whether a
regulation should terminate, is authorized to continue in
effect, or should be modified:
(1) The extent to which the regulation is out-
dated, obsolete, or unnecessary.
(2) The extent to which the regulation or infor-
mation required to comply with a regulation dupli-
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-effective 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 subject to the regulation.
(11) Whether the regulation is crafted to mini-
mize needless litigation.
(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 relies on market
mechanisms.
(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.
(c) REVIEW REQUIREMENTS.—For purposes of con-
ducting reviews of regulations under this Act, the Commis-
sion shall—
(1) receive and consider testimony and com-
ments from the private sector regarding the applica-
tion of the criteria set forth in section 102(b) to ex-
isting regulations;
(2) review agency reports on regulations sub-
mitted under section 201(2); and
(3) publish schedules of Commission reviews of
regulations, that provide reasonable notice of those
reviews to agencies.
(d) REPORTS.—The Commission shall submit to the
President and the Congress and publish in the Federal
Register reports on regulations, before the date of the ter-
mination of the regulations under section 101, which in-
clude—
(1) determinations of whether the regulations
should terminate, are authorized to continue in ef-
fect, or should be modified;
(2) recommendations of any modifications to
the regulations that should be made to the regula-
tions;
(3) other information the Commission considers
necessary for a complete evaluation of the regula-
tions; and
(4) findings and recommendations for legisla-
tive or administrative action the Commission consid-
ers appropriate.
SEC. 103. ESTABLISHMENT OF REGULATORY SUNSET COM-
MISSION.
(a) ESTABLISHMENT.—There is established a Com-
mission to be known as the Regulatory Sunset Commis-
sion.
(b) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall consist of 9 members appointed by the
President, by and with the advice and consent of the
Senate, from among individuals who are qualified to
serve on the Commission by virtue of their edu-
cation, training, or experience.
(2) CONGRESSIONAL RECOMMENDATIONS.—The
majority leader and minority leader of the Senate
and the Speaker and minority leader of the House
of Representatives may submit recommendations to
the President concerning appointments to the Com-
mission.
(3) LIMITATION ON POLITICAL AFFILIATION.—
Not more than 5 members of the Commission may
be members of the same political party.
(4) CHAIRPERSON.—The President shall des-
ignate a member of the Commission as the Chair-
person of the Commission.
(c) TERMS.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the term of an individual as a
member of the Commission shall be 6 years.