I
104TH CONGRESS
1ST SESSION
H. R. 122
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
JANUARY 4, 1995
Mr. CHAPMAN introduced the following bill; which was referred to the Com-
mittee on Government Reform and Oversight 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 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 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, 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.
(2) INITIAL
APPOINTMENTS.—Of the individ-
uals first appointed as members of the Commission,
as specified by the President—
(A) 3 shall be appointed to an initial term
of 2 years;
(B) 3 shall be appointed to an initial term
of 4 years; and
(C) 3 shall be appointed to an initial term
of 6 years.
(3) COMPLETION OF TERM OF VACATED MEM-
BERSHIP.—A member of the Commission appointed
to fill a vacancy on the Commission occurring before
the expiration of the term for which the member’s
predecessor was appointed shall serve pursuant to
that appointment only for the remainder of that
term.
(4) LIMITATION ON REAPPOINTMENT.—An in-
dividual may not serve more than 2 terms as a mem-
ber of the Commission.
(d) EFFECT AND FILLING OF VACANCIES.—A va-
cancy on the Commission shall not impair the authority
of the remaining members of the Commission to exercise
the powers of the Commission.
(e) COMPENSATION.—
(1) IN GENERAL.—A member of the Commis-
sion, other than the Chairperson, shall be paid at a
rate equal to the rate of basic pay payable for level
III of the Executive Schedule.
(2) CHAIRPERSON.—The Chairperson of the
Commission shall be paid at a rate equal to the rate
of basic pay payable for level II of the Executive
Schedule.
(f) MEETINGS.—The Commission shall meet on a
regular basis, at the call of the Chairperson of the Com-
mission or a majority of its members.
(g) QUORUM.—A majority of the members of the
Commission shall constitute a quorum for the transaction
of business but a lesser number may hold hearings.
(h) PROHIBITION ON OTHER ACTIVITIES OF MEM-
BERS.—A member of the Commission shall not engage in
any other business, vocation, or employment.
(i) REMOVAL
OF MEMBER.—Any member of the
Commission may be removed by the President for ineffi-
ciency, neglect of duty, or malfeasance in office.
SEC. 104. STAFF OF COMMISSION.
(a) EXECUTIVE DIRECTOR.—The Commission may
appoint an executive director, who may be paid at a rate
determined by the Commission.
(b) STAFF.—The Commission may appoint such pro-
fessional and clerical personnel as may be reasonable and
necessary to enable the Commission to carry out its func-
tions, who may be paid at rates determined by the Com-
mission.
(c) OTHER FEDERAL PERSONNEL.—Upon request of
the Chairman of the Commission, the head of an agency
may detail to the Commission, without reimbursement,
any personnel of the agency to assist the Commission in
carrying out its duties under this Act. Such detail shall
be without interruption or loss of civil service status or
privilege.
SEC. 105. POWERS OF COMMISSION.
(a) HEARINGS
AND MEETINGS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
(b) CONTRACTUAL AUTHORITY.—The Commission
may contract with and compensate government and pri-
vate agencies or persons for supplies or services necessary
to fulfill the duties of the Commission.
SEC. 106. LIMITATION ON ACTIONS FOR JUDICIAL REVIEW.
Notwithstanding any other provisions of law, a deter-
mination of the Commission shall be subject to judicial
review only in an action brought no later than 30 days
after the issuance of the determination.
SEC. 107. ACCESS TO INFORMATION AND RECORDS OF
AGENCIES.
The Commission may secure directly from any agency
such information as may be necessary to enable the Com-
mission to carry out its duties. Upon request of the Chair-
person of the Commission, the head of an agency shall,
to the extent not otherwise prohibited by law, furnish such
information to the Commission. The Commission shall
have access to, and may inspect, records of any agency
to obtain that information.
TITLE II—AGENCY ROLE IN
SUNSET REVIEWS
SEC. 201. AGENCY RESPONSIBILITIES.
The head of each agency shall—
(1) conduct thorough and systematic reviews,
based on the criteria set forth in section 102(b), of
all regulations of the agency;
(2) prepare and transmit to the Commission a
report on regulations of the agency, by not later
than 1 year prior to the date on which the regula-
tions are scheduled to be reviewed under schedules
published 
by 
the 
Commission 
under 
section
102(c)(3), which includes—
(A) specific findings regarding the criteria
set forth in section 102(b) with respect to each
regulation;
(B) recommendations on whether each reg-
ulation should terminate, be authorized to con-
tinue in effect, or be modified; and
(C) recommendations on the consolidation
of any of the regulations with other regulations
that duplicate functions of the regulations; and
(3) publish in the Federal Register responses to
determinations of the Commission in its reports
under subsection (d) of section 102, including—
(A) responses to recommendations by the
Commission of modifications in regulations of
the agency; and
(B) descriptions of the actions to be taken
by the agency in response to all recommenda-
tions of the Commission under that section.
SEC. 202. DESIGNATION OF AGENCY REGULATORY REVIEW
OFFICERS.
(a) IN GENERAL.—There shall be within each agency
a Regulatory Review Officer, who shall be designated by
the head of the agency from among officials of the agency.
(b) FUNCTIONS.—The Regulatory Review Officer of
an agency shall—
(1) further the compliance by the agency with
the requirements of this Act; and
(2) report directly to the head of the agency
with respect to the function under paragraph (1).
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