I 
113TH CONGRESS 
2D SESSION 
H. R. 4304 
To make certain repeals and revisions to Federal labor laws, to decrease 
the regulatory burdens on small businesses, to provide for comprehensive 
energy reform, and to amend the securities laws to streamline access 
to capital. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2014 
Mr. SCALISE (for himself, Mrs. BLACK, Mr. MCHENRY, Mr. MULVANEY, Mr. 
BRADY of Texas, Mr. FLORES, Mr. LUETKEMEYER, Mr. ROE of Ten-
nessee, Mr. PITTS, Mr. BYRNE, Mr. LANKFORD, Mrs. LUMMIS, Mr. AUS-
TIN SCOTT of Georgia, Mr. HUIZENGA of Michigan, Mr. LAMBORN, Mrs. 
BLACKBURN, Mr. FRANKS of Arizona, Mr. SESSIONS, Mr. HUDSON, Mr. 
BARTON, Mr. DUNCAN of South Carolina, Mr. WILSON of South Caro-
lina, Mr. CHABOT, Mr. RICE of South Carolina, Mr. BENTIVOLIO, Mr. 
SALMON, Mr. ROONEY, Mr. YOHO, Mr. WEBER of Texas, Mr. HARRIS, 
and Mr. DESJARLAIS) introduced the following bill; which was referred 
to the Committee on Natural Resources, and in addition to the Commit-
tees on the Budget, Small Business, Education and the Workforce, Over-
sight and Government Reform, the Judiciary, Energy and Commerce, 
Transportation and Infrastructure, Science, Space, and Technology, 
Rules, Financial Services, Agriculture, and Ways and Means, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To make certain repeals and revisions to Federal labor laws, 
to decrease the regulatory burdens on small businesses, 
to provide for comprehensive energy reform, and to 
amend the securities laws to streamline access to capital. 
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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 ‘‘Jumpstarting Oppor-
tunities with Bold Solutions Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
DIVISION I—LABOR 
TITLE I—REPEAL OF DAVIS-BACON ACT 
Sec. 101. Repeal of Davis-Bacon wage requirements. 
Sec. 102. Effective date and limitation. 
TITLE II—UNION CONTRACT NOT A BAR TO HIGHER WAGES 
Sec. 201. Payment of higher wages. 
TITLE III—REPEAL OF PROVISIONS RELATING TO OFFICIAL 
TIME OF FEDERAL EMPLOYEES FOR PURPOSES OF UNION OR-
GANIZING 
Sec. 301. Repeal of certain provisions relating to official time of Federal em-
ployees for purposes of union organizing. 
TITLE IV—RULEMAKING, INVESTIGATIVE, AND ADJUDICATIVE 
AUTHORITY OF THE NATIONAL LABOR RELATIONS BOARD 
Sec. 401. Authorities of the National Labor Relations Board. 
Sec. 402. Regulations. 
DIVISION II—DEREGULATION 
TITLE V—UNIFORM COST-BENEFIT ANALYSIS OF REGULATIONS 
Sec. 501. Uniform use of cost-benefit analysis. 
Sec. 502. Congressional review. 
TITLE VI—PERIODIC REVIEW AND TERMINATION OF 
REGULATIONS 
Sec. 601. Review of regulations. 
Sec. 602. Rules covered. 
Sec. 603. Criteria for sunset review. 
Sec. 604. Sunset review procedures. 
Sec. 605. Review deadlines for covered rules. 
Sec. 606. Sunset review notices and agency reports. 
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Sec. 607. Designation of agency regulatory review officers. 
Sec. 608. Relationship to the Administrative Procedure Act. 
Sec. 609. Effect of termination of a covered rule. 
Sec. 610. Judicial review. 
Sec. 611. Definitions. 
Sec. 612. Sunset of this title. 
TITLE VII—REGULATION COSTS TO SMALL BUSINESSES AND 
GRACE PERIOD FOR REGULATORY VIOLATIONS 
Sec. 701. Small Business Administration study on the cost of Federal regula-
tions. 
Sec. 702. Grace period for regulatory violations. 
TITLE VIII—MAJOR RULES OF THE EXECUTIVE BRANCH BE 
APPROVED BY CONGRESS 
Sec. 801. Congressional review of agency rulemaking. 
Sec. 802. Budgetary effects of rules subject to section 802 of title 5, United 
States Code. 
Sec. 803. Government Accountability Office study of rules. 
TITLE IX—SIMPLIFICATION OF MERGERS, ACQUISITIONS AND 
SALES OF SMALL BUSINESS 
Sec. 901. Registration exemption for merger and acquisition brokers. 
DIVISION III—ENERGY 
TITLE X—OFFSHORE ENERGY AND JOBS ACT 
Sec. 1001. Short title. 
Subtitle A—Outer Continental Shelf Leasing Program Reforms 
Sec. 1011. Outer Continental Shelf leasing program reforms. 
Sec. 1012. Domestic oil and natural gas production goal. 
Sec. 1013. Development and submittal of new 5-year oil and gas leasing pro-
gram. 
Sec. 1014. Rule of construction. 
Subtitle B—Directing the President To Conduct New OCS Sales in Virginia, 
South Carolina, and California 
Sec. 1021. Requirement to conduct proposed oil and gas Lease Sale 220 on the 
Outer Continental Shelf offshore Virginia. 
Sec. 1022. South Carolina lease sale. 
Sec. 1023. Southern California existing infrastructure lease sale. 
Sec. 1024. Environmental impact statement requirement. 
Sec. 1025. National defense. 
Sec. 1026. Opening the Eastern Gulf of Mexico for exploration. 
Subtitle C—Equitable Sharing of Outer Continental Shelf Revenues 
Sec. 1031. Disposition of Outer Continental Shelf revenues to coastal States. 
Subtitle D—Reorganization of Minerals Management Agencies of the 
Department of the Interior 
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Sec. 1041. Establishment of Under Secretary for Energy, Lands, and Minerals 
and Assistant Secretary of Ocean Energy and Safety. 
Sec. 1042. Bureau of Ocean Energy. 
Sec. 1043. Ocean Energy Safety Service. 
Sec. 1044. Office of Natural Resources Revenue. 
Sec. 1045. Ethics and drug testing. 
Sec. 1046. Abolishment of Minerals Management Service. 
Sec. 1047. Conforming amendments to Executive Schedule pay rates. 
Sec. 1048. Outer Continental Shelf Energy Safety Advisory Board. 
Sec. 1049. Outer Continental Shelf inspection fees. 
Sec. 1050. Prohibition on action based on National Ocean Policy developed 
under Executive Order No. 13547. 
Subtitle E—United States Territories 
Sec. 1061. Application of Outer Continental Shelf Lands Act with respect to 
territories of the United States. 
Subtitle F—Judicial Review 
Sec. 1071. Time for filing complaint. 
Sec. 1072. District court deadline. 
Sec. 1073. Ability to seek appellate review. 
Sec. 1074. Limitation on scope of review and relief. 
Sec. 1075. Legal fees. 
Sec. 1076. Exclusion. 
Sec. 1077. Definitions. 
Subtitle G—Miscellaneous Provisions 
Sec. 1081. Rules regarding distribution of revenues under Gulf of Mexico En-
ergy Security Act of 2006. 
Sec. 1082. Seismic testing in the Atlantic Outer Continental Shelf. 
Sec. 1083. Disposition of qualified outer Continental Shelf Revenues. 
TITLE XI—ALASKAN ENERGY FOR AMERICAN JOBS ACT 
Sec. 2001. Short title. 
Sec. 2002. Definitions. 
Sec. 2003. Leasing program for lands within the Coastal Plain. 
Sec. 2004. Lease sales. 
Sec. 2005. Grant of leases by the Secretary. 
Sec. 2006. Lease terms and conditions. 
Sec. 2007. Policies regarding buying, building, and working for America. 
Sec. 2008. Coastal Plain environmental protection. 
Sec. 2009. Expedited judicial review. 
Sec. 2010. Treatment of revenues. 
Sec. 2011. Rights-of-way across the Coastal Plain. 
Sec. 2012. Conveyance. 
TITLE XII—STATE CONTROL ON ALL AVAILABLE FEDERAL LAND 
Sec. 3001. State control on all available Federal land. 
TITLE XIII—FEDERAL LANDS JOBS AND ENERGY SECURITY 
Subtitle A—Federal Lands Jobs and Energy Security 
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Sec. 4001. Short title. 
Sec. 4002. Policies regarding buying, building, and working for America. 
CHAPTER 1—ONSHORE OIL AND GAS PERMIT STREAMLINING 
Sec. 4101. Short title. 
SUBCHAPTER A—APPLICATION FOR PERMITS TO DRILL PROCESS REFORM 
Sec. 4111. Permit to drill application timeline. 
Sec. 4112. Solar and wind right-of-way rental reform. 
SUBCHAPTER B—ADMINISTRATIVE PROTEST DOCUMENTATION REFORM 
Sec. 4121. Administrative protest documentation reform. 
SUBCHAPTER C—PERMIT STREAMLINING 
Sec. 4131. Improve Federal energy permit coordination. 
Sec. 4132. Administration of current law. 
SUBCHAPTER D—JUDICIAL REVIEW 
Sec. 4141. Definitions. 
Sec. 4142. Exclusive venue for certain civil actions relating to covered energy 
projects. 
Sec. 4143. Timely filing. 
Sec. 4144. Expedition in hearing and determining the action. 
Sec. 4145. Standard of review. 
Sec. 4146. Limitation on injunction and prospective relief. 
Sec. 4147. Limitation on attorneys’ fees. 
Sec. 4148. Legal standing. 
SUBCHAPTER E—KNOWING AMERICA’S OIL AND GAS RESOURCES 
Sec. 4151. Funding oil and gas resource assessments. 
CHAPTER 2—OIL AND GAS LEASING CERTAINTY 
Sec. 4161. Short title. 
Sec. 4162. Minimum acreage requirement for onshore lease sales. 
Sec. 4163. Leasing certainty. 
Sec. 4164. Leasing consistency. 
Sec. 4165. Reduce redundant policies. 
Sec. 4166. Streamlined congressional notification. 
CHAPTER 3—OIL SHALE 
Sec. 4171. Short title. 
Sec. 4172. Effectiveness of oil shale regulations, amendments to resource man-
agement plans, and record of decision. 
Sec. 4173. Oil shale leasing. 
CHAPTER 4—MISCELLANEOUS PROVISIONS 
Sec. 4181. Rule of construction. 
Subtitle B—Planning for American Energy 
Sec. 4201. Short title. 
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Sec. 4202. Onshore domestic energy production strategic plan. 
Subtitle C—National Petroleum Reserve in Alaska Access 
Sec. 4301. Short title. 
Sec. 4302. Sense of Congress and reaffirming national policy for the National 
Petroleum Reserve in Alaska. 
Sec. 4303. National Petroleum Reserve in Alaska: lease sales. 
Sec. 4304. National Petroleum Reserve in Alaska: planning and permitting 
pipeline and road construction. 
Sec. 4305. Issuance of a new integrated activity plan and environmental impact 
statement. 
Sec. 4306. Departmental accountability for development. 
Sec. 4307. Deadlines under new proposed integrated activity plan. 
Sec. 4308. Updated resource assessment. 
Subtitle D—BLM Live Internet Auctions 
Sec. 4401. Short title. 
Sec. 4402. Internet-based onshore oil and gas lease sales. 
Subtitle E—Native American Energy 
Sec. 4501. Short title. 
Sec. 4502. Appraisals. 
Sec. 4503. Standardization. 
Sec. 4504. Environmental reviews of major Federal actions on Indian lands. 
Sec. 4505. Judicial review. 
Sec. 4506. Tribal biomass demonstration project. 
Sec. 4507. Tribal resource management plans. 
Sec. 4508. Leases of restricted lands for the Navajo Nation. 
Sec. 4509. Nonapplicability of certain rules. 
Sec. 4510. Permits for incidental take. 
Sec. 4511. Migratory Bird Treaty Act. 
TITLE XIV—HYDRAULIC FRACTURING 
Subtitle A—State Authority for Hydraulic Fracturing Regulation 
Sec. 5101. Short title. 
Sec. 5102. State authority for hydraulic fracturing regulation. 
Sec. 5103. Government Accountability Office study. 
Sec. 5104. Tribal authority on trust land. 
Subtitle B—EPA Hydraulic Fracturing Research 
Sec. 5201. Short title. 
Sec. 5202. EPA hydraulic fracturing research. 
Subtitle C—Miscellaneous Provisions 
Sec. 5301. Review of State activities. 
TITLE XV—NORTHERN ROUTE APPROVAL 
Sec. 6001. Short title. 
Sec. 6002. Findings. 
Sec. 6003. Keystone XL permit approval. 
Sec. 6004. Judicial review. 
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Sec. 6005. American burying beetle. 
Sec. 6006. Right-of-way and temporary use permit. 
Sec. 6007. Permits for activities in navigable waters. 
Sec. 6008. Migratory Bird Treaty Act permit. 
Sec. 6009. Oil spill response plan disclosure. 
TITLE XVI—RELIEF FROM EPA CLIMATE CHANGE REGULATIONS 
AND FEDERAL PROHIBITIONS ON SYNTHETIC FUELS 
Sec. 7001. Repeal of EPA climate change regulation. 
Sec. 7002. Repeal of Federal ban on synthetic fuels purchasing requirement. 
Sec. 7003. Sense of Congress opposing carbon tax. 
Sec. 7004. Prohibition on use of social cost of carbon in analysis. 
TITLE XVII—ADDRESSING THE PRESIDENT’S WAR ON COAL 
Subtitle A—Management and Disposal of Coal Combustion Residuals 
Sec. 8001. Short title. 
Sec. 8002. Management and disposal of coal combustion residuals. 
Sec. 8003. 2000 regulatory determination. 
Sec. 8004. Technical assistance. 
Sec. 8005. Federal Power Act. 
Subtitle B—Surface Mining Stream Buffer Zone Rule 
Sec. 8011. Short title. 
Sec. 8012. Incorporation of surface mining stream buffer zone rule into State 
programs. 
TITLE XVIII—SATISFYING ENERGY NEEDS AND SAVING THE 
ENVIRONMENT 
Sec. 9001. Short title. 
Sec. 9002. Inapplicability of certain emission limits for electric utility steam 
generating units that convert coal refuse into energy. 
TITLE XIX—NUCLEAR REGULATORY COMMISSION 
REORGANIZATION PLAN CODIFICATION AND COMPLEMENTS 
Sec. 10001. Short title. 
Subtitle A—Replacement of Reorganization Plan 
Sec. 10011. General functions. 
Sec. 10012. Chairman. 
Sec. 10013. Emergency authority. 
Sec. 10014. Reporting. 
Sec. 10015. Rescission of Reorganization Plan approval. 
Subtitle B—Miscellaneous 
Sec. 10021. Certification of documents transmitted to Congress. 
Sec. 10022. Time limits for Commission review of Atomic Safety and Licensing 
Board decisions. 
Sec. 10023. Allegations of wrongdoing. 
Sec. 10024. Approval of Commissioner travel. 
Sec. 10025. Implementation. 
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TITLE XX—PERMITTING FOR ONSHORE AND OFFSHORE WIND 
ENERGY 
Subtitle A—Offshore Meteorological Site Testing and Monitoring 
Sec. 11001. Short title. 
Sec. 11002. Offshore meteorological site testing and monitoring projects. 
Subtitle B—Onshore Meteorological Site Testing and Monitoring 
Sec. 11011. Short title. 
Sec. 11012. Onshore meteorological site testing and monitoring project. 
TITLE XXI—DOMESTIC PROSPERITY AND GLOBAL FREEDOM 
Sec. 12001. Short title. 
Sec. 12002. Amendments. 
Sec. 12003. Pending applications. 
DIVISION IV—ACCESS TO CAPITAL 
TITLE XXII—SMALL BUSINESS ACCESS TO CAPITAL 
Sec. 13001. Registration and reporting exemptions relating to private equity 
funds advisors. 
TITLE XXIII—COMMUNITY LENDING ENHANCEMENT AND 
REGULATORY RELIEF 
Sec. 14001. Changes required to small bank holding company policy statement 
on assessment of financial and managerial factors. 
Sec. 14002. Escrow requirements. 
Sec. 14003. Exception to annual privacy notice requirement under the Gramm- 
Leach-Bliley Act. 
Sec. 14004. Accounting principles cost-benefit requirements. 
Sec. 14005. Community bank exemption from annual management assessment 
of internal controls requirement of the Sarbanes-Oxley Act of 
2002. 
Sec. 14006. Certain loans included as qualified mortgages. 
Sec. 14007. Increase in small servicer exemption. 
Sec. 14008. Appraiser qualification threshold. 
Sec. 14009. Coordination among financial institutions. 
DIVISION I—LABOR 
TITLE I—REPEAL OF DAVIS- 
BACON ACT 
SEC. 101. REPEAL OF DAVIS-BACON WAGE REQUIREMENTS. 
(a) IN GENERAL.—Subchapter IV of chapter 31 of 
title 40, United States Code, is repealed. 
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(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 
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 
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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 title. 
(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 title to ensure 
uniform, complete, and timely sunset reviews and to 
ensure notice and opportunity for public comment 
consistent with section 406. 
(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 403; 
(B) the consistency of the agency’s pro-
posed action with actions of other agencies; and 
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(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 
405(a) for a covered rule issued by an agency, the 
agency shall— 
(A) publish a sunset review notice in ac-
cordance with section 406(a) in the Federal 
Register and, to the extent reasonable and 
practicable, in other publications or media that 
are designed to reach those persons most af-
fected 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 405(a) for the covered rule, 
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publish in the Federal Register, in accordance 
with section 406(b), and transmit to the Ad-
ministrator 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-
view deadline of the covered rule, the agency shall 
publish in the Federal Register, in accordance with 
section 406(c)(2) or 406(d), and transmit a final re-
port to the Administrator and the appropriate com-
mittees of the Congress. 
(4) OPEN
PROCEDURES
REGARDING
SUNSET 
REVIEW.—In any sunset review conducted pursuant 
to this title, 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. 
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(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 406(d). 
(d) PRESERVATION OF INDEPENDENCE OF FEDERAL 
BANK REGULATORY AGENCIES.—The head of any appro-
priate Federal banking agency (as that term is defined 
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 
authority with respect to that agency that would otherwise 
be granted under section 405(a)(2)(B) to the Adminis-
trator or other officer designated by the President. 
SEC. 605. REVIEW DEADLINES FOR COVERED RULES. 
(a) IN GENERAL.—For purposes of this title, 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 title, the initial review deadline is the last day 
of the 4-year, 5-year, 6-year, or 7-year period begin-
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ning on the date of the enactment of this title, as 
specified by 
the 
Administrator 
under 
section 
404(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 404(a)(2)(A), the 
initial review deadline is the last day of the 4-year 
period beginning on the date of enactment of this 
title. 
(2) NEW SIGNIFICANT RULES.—For a signifi-
cant rule that first takes effect after the date of the 
enactment of this title, the initial review deadline is 
the last day of either— 
(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 402(c) or a congressional request 
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under section 402(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 404(a)(3) for sunset review because it 
is related to another covered rule and that is 
grouped with that other rule for simultaneous re-
view, the initial review deadline is the same as the 
review deadline 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 title, 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— 
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(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 title was completed. 
SEC. 606. SUNSET REVIEW NOTICES AND AGENCY REPORTS. 
(a) SUNSET REVIEW NOTICES.—The sunset review 
notice under section 404(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; 
(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-
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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 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 
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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; 
(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 404(b)(2) on the 
sunset review of a rule shall request public comments and 
contain— 
(1) specific requests for factual findings and 
recommended legal conclusions regarding the appli-
cation of section 403 to the rule, the continued need 
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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. 
(c) FINAL REPORTS ON SUNSET REVIEWS.—The re-
port under section 404(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 403 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 
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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). 
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 
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required to implement the recommendations in such final 
report with regard to such rule. 
SEC. 607. 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 title by the 
agency and shall report directly to the head of the agency 
and the Administrator with respect to that responsibility. 
SEC. 608. RELATIONSHIP TO THE ADMINISTRATIVE PROCE-
DURE ACT. 
Nothing in this title is intended to supersede the pro-
visions of chapters 5, 6, and 7 of title 5, United States 
Code. 
SEC. 609. EFFECT OF TERMINATION OF A COVERED RULE. 
(a) EFFECT OF TERMINATION, GENERALLY.—If a 
covered rule is terminated pursuant to this title— 
(1) this title 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 
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submitted as evidence of prior agency practice and 
procedure; and 
(3) this title 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.— 
(1) IN GENERAL.—Notwithstanding subsection 
(a), any deadline for, relating to, or involving any 
action dependent upon, any rule terminated under 
this title 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. 610. JUDICIAL REVIEW. 
(a) IN GENERAL.—A denial or substantial inexcus-
able delay in granting or denying a petition under section 
402(c) shall be considered final agency action subject to 
review under section 702 of title 5, United States Code. 
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A denial of a congressional request under section 402(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 
title may not be brought— 
(1) in the case of a final agency action denying 
a public petition under section 402(c) 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 petition for a rule under section 
402(c), more than 1 year after the period applicable 
to the rule under section 402(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 title, nothing in this title 
is intended to affect the availability or standard of judicial 
review for agency regulatory action. 
SEC. 611. DEFINITIONS. 
In this title, the following definitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Office of In-
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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 
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-
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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 
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 
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‘‘(B) is considered a ‘small-business con-
cern’ as such term is defined pursuant to Sec-
tion 3(a) of the Small Business Act (15 U.S.C. 
632(a)); 
‘‘(C) employed fewer than 200 individuals 
in the preceding calendar year; or 
‘‘(D) had CPI adjusted gross receipts of 
less than $10,000,000 in the preceding year; 
‘‘(2) the term ‘Ombudsman’ has the same 
meaning given such term in section 30(a) of the 
Small Business Act (15 U.S.C. 657(a)); 
‘‘(3) the term ‘consumer price index’ means the 
consumer price index for all urban consumers pub-
lished by the Department of Labor; and 
‘‘(4) the term ‘CPI adjusted gross receipts’ 
means the amount of gross receipts, divided by the 
consumer price index for calendar year 2012, and 
multiplied by the consumer price index for the pre-
ceding calendar year, rounded to the nearest mul-
tiple of $100,000 (or, if midway between multiples 
of $100,000, to the next higher multiple of 
$100,000).’’. 
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