I 
112TH CONGRESS 
1ST SESSION 
H. R. 214 
To establish a Congressional Office of Regulatory Analysis, to require the 
periodic review and automatic termination of Federal regulations, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2011 
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Over-
sight and Government Reform, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish a Congressional Office of Regulatory Analysis, 
to require the periodic review and automatic termination 
of Federal regulations, and for other purposes. 
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 ‘‘Congressional Office 
of Regulatory Analysis Creation and Sunset and Review 
Act of 2011’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
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Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—CONGRESSIONAL OFFICE OF REGULATORY ANALYSIS 
Sec. 101. Establishment of Office. 
Sec. 102. Responsibilities. 
Sec. 103. Effective date. 
TITLE II—REGULATORY SUNSET AND REVIEW 
Sec. 201. Purposes. 
Sec. 202. Review of regulations. 
Sec. 203. Covered rules. 
Sec. 204. Criteria for sunset review. 
Sec. 205. Sunset review procedures. 
Sec. 206. Review deadlines for covered rules. 
Sec. 207. Sunset review notices and agency reports. 
Sec. 208. Designation of agency regulatory review officer. 
Sec. 209. Relationship to other law. 
Sec. 210. Effect of termination of a covered rule. 
Sec. 211. Judicial review. 
Sec. 212. Definitions. 
Sec. 213. Effective date. 
Sec. 214. Sunset of this title. 
TITLE 
I—CONGRESSIONAL 
OF-
FICE OF REGULATORY ANAL-
YSIS 
SEC. 101. ESTABLISHMENT OF OFFICE. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established a Con-
gressional Office of Regulatory Analysis (in this title 
referred to as the ‘‘Office’’). 
(2) DIRECTOR.—The Office shall have a Direc-
tor (in this title referred to as the ‘‘Director’’) who 
shall be appointed by the Speaker of the House of 
Representatives and the majority leader of the Sen-
ate after considering recommendations received from 
the Committee on Oversight and Government Re-
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form of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate, without regard to political affili-
ation and solely on the basis of the Director’s ability 
to perform the duties of the Office. 
(3) TERM.— 
(A) IN GENERAL.—The term of office of 
the Director shall be 4 years, but no Director 
shall be permitted to serve more than 3 terms. 
(B) VACANCY.—Any individual appointed 
as Director to fill a vacancy prior to the expira-
tion of a term shall serve only for the unexpired 
portion of that term. An individual serving as 
Director at the expiration of that term may 
continue to serve until the individual’s successor 
is appointed. 
(4) REMOVAL.—The Director may be removed 
by a concurrent resolution of the Congress. 
(5) COMPENSATION.—The Director shall be 
paid at a rate equal to the rate of basic pay for level 
III of the Executive Schedule in section 5314 of title 
5, United States Code. 
(b) PERSONNEL.— 
(1) IN GENERAL.—The Director shall appoint 
and fix the compensation of such personnel as may 
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be necessary to carry out the duties and functions 
of the Office. 
(2) APPOINTMENT.—All personnel of the Office 
shall be appointed without regard to political affili-
ation and solely on the basis of their fitness to per-
form their duties. 
(3) DUTIES AND RESPONSIBILITIES.—The Di-
rector may prescribe the duties and responsibilities 
of the personnel of the Office, and delegate to them 
authority to perform any of the duties, powers, and 
functions imposed on the Office or on the Director. 
(4) EMPLOYEE STATUS.—For purposes of pay 
(other than pay of the Director) and employment 
benefits, rights, and privileges, all personnel of the 
Office shall be treated as if they were employees of 
the House of Representatives. 
(c) EXPERTS AND CONSULTANTS.—In carrying out 
the duties and functions of the Office, the Director may 
procure temporary (not to exceed one year) and intermit-
tent services under section 3109(b) of title 5, United 
States Code, but at rates for individuals not to exceed the 
daily equivalent of the maximum annual rate of basic pay 
under the General Schedule of section 5332 of title 5, 
United States Code. 
(d) RELATIONSHIP TO EXECUTIVE BRANCH.— 
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(1) INFORMATION REQUESTS.—The Director is 
authorized to secure information, data, estimates, 
and statistics directly from the various departments, 
agencies, and establishments of the executive branch 
of Government, including the Office of Management 
and Budget, and the regulatory agencies and com-
missions of the Government. All such departments, 
agencies, establishments, and regulatory agencies 
and commissions shall promptly furnish the Director 
any available material which the Director determines 
to be necessary in the performance of the Director’s 
duties and functions (other than material the disclo-
sure of which would be a violation of law). 
(2) USE OF SERVICES, FACILITIES, AND PER-
SONNEL.—The Director is authorized, upon agree-
ment with the head of any such department, agency, 
establishment, or regulatory agency or commission, 
to use its services, facilities, and personnel with or 
without reimbursement, and the head of each such 
department, agency, establishment, or regulatory 
agency or commission is authorized to provide the 
Office such services, facilities, and personnel. 
(e) RELATIONSHIP TO OTHER AGENCIES OF CON-
GRESS.—In carrying out the duties and functions of the 
Office, and for the purpose of coordinating the operations 
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of the Office with those of other congressional agencies 
with a view to using most effectively the information, serv-
ices, and capabilities of all such agencies in carrying out 
the various responsibilities assigned to each, the Director 
is authorized to obtain information, data, estimates, and 
statistics developed by the General Accountability Office, 
the Congressional Budget Office, and the Congressional 
Research Service, and upon agreement with the Comp-
troller General, the Director of the Congressional Budget 
Office, or the Director of the Congressional Research 
Service to use their services, facilities, and personnel with 
or without reimbursement. The Comptroller General and 
such Directors are authorized to provide the Office with 
the information, data, estimates, and statistics, and the 
services, facilities, and personnel, referred to in the pre-
ceding sentence. 
(f) ASSISTANCE TO THE CONGRESS.—The Director 
shall provide to the Committee on Oversight and Govern-
ment Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate, information that will assist the com-
mittee in the discharge of all matters within its jurisdic-
tion, including information with respect to its jurisdiction 
over authorization and oversight of the Office of Informa-
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tion and Regulatory Affairs of the Office of Management 
and Budget. 
(g) INFORMATION.— 
(1) FREEDOM OF INFORMATION.—The Office 
shall make available information from its activities 
in accordance with section 552 of title 5, United 
States Code. 
(2) PUBLIC DOCKET.—The Office shall main-
tain a publicly available log of information (other 
than information which may not be released under 
section 552(b) of title 5, United States Code) that 
shall contain— 
(A) all written communications, regardless 
of format, between Office personnel and any 
person who is not employed by the Federal Gov-
ernment; and 
(B) the dates and names of individuals in-
volved in all substantive oral communications, 
including meetings and telephone conversations 
between Office personnel and any person not 
employed by the Federal Government, and the 
subject matter of such communications. 
(h) APPROPRIATIONS.—There are authorized to be 
appropriated to the Office such sums as may be necessary 
for each of fiscal years 2012 through 2019. 
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SEC. 102. RESPONSIBILITIES. 
(a) TRANSFER OF FUNCTIONS UNDER CHAPTER 8 
FROM GAO TO OFFICE.— 
(1) DIRECTOR’S
NEW
AUTHORITY.—Section 
801 of title 5, United States Code, is amended— 
(A) by striking ‘‘Comptroller General’’ 
each place it occurs and inserting ‘‘Director of 
the Office’’; and 
(B) by striking ‘‘the Comptroller General’s 
report’’ in subsection (a)(2)(B) and inserting 
‘‘the report of the Director of the Office’’. 
(2) DEFINITION.—Section 804 is amended by 
adding at the end the following: 
‘‘(4) The term ‘Director of the Office’ means 
the Director of the Congressional Office of Regu-
latory Affairs established by section 101 of the Con-
gressional Office of Regulatory Analysis Creation 
and Sunset and Review Act of 2011.’’. 
(3) MAJOR
RULES.—Section 801(a)(2)(A) of 
title 5, United States Code, is amended to read as 
follows: 
‘‘(2)(A) The Director of the Office shall provide a re-
port on each major rule to the committees of jurisdiction 
in each House of the Congress by the end of 30 calendar 
days after the submission or publication date as provided 
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in section 802(b)(2). The report of the Director shall in-
clude— 
‘‘(i) an assessment of the compliance by the 
Federal agency with the requirements in paragraph 
(1)(B); and 
‘‘(ii) an analysis of the rule by the Director, 
using any relevant data and analyses generated by 
the Federal agency and any data of the Office, in-
cluding the following: 
‘‘(I) A description of the potential benefits 
of the rule, including any beneficial effects that 
cannot be quantified in monetary terms and the 
identification of those likely to receive the bene-
fits. 
‘‘(II) A description of the potential costs of 
the rule, including any adverse effects that can-
not be quantified in monetary terms and the 
identification of those likely to bear the costs. 
‘‘(III) A determination of the potential net 
benefits of the rule, including an evaluation of 
effects that cannot be quantified in monetary 
terms. 
‘‘(IV) A description of alternative ap-
proaches that could achieve the same regulatory 
goal at a lower cost, together with an analysis 
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of the potential benefits and costs and a brief 
explanation of the legal reasons why such alter-
natives, if proposed, could not be adopted. 
‘‘(V) A summary of how these results dif-
fer, if at all, from the results that the promul-
gating agency received when conducting similar 
analyses.’’. 
(4) NONMAJOR RULES.—The Office shall con-
duct an assessment and analysis, as described in 
section 801(a)(2)(A) of title 5, United States Code, 
of any nonmajor rule, as defined in section 804(3) 
of such title, when requested to do so by a com-
mittee of the House of Representatives or the Senate 
or by an individual Representative or Senator. 
(5) PRIORITIES.— 
(A) ASSIGNMENT.—To ensure that anal-
ysis of the most significant regulations occurs, 
the Office shall give first priority to, and shall 
conduct analyses of, all major rules, as defined 
in section 804(2) of title 5, United States Code. 
Secondary priority shall be assigned to requests 
from committees of the House of Representa-
tives and the Senate. Tertiary priority shall be 
assigned to requests from individual Represent-
atives and Senators. 
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(B) DISCRETION
TO
DIRECTOR
OF
OF-
FICE.—The Director of the Office shall have 
the discretion to assign priority among the sec-
ondary and tertiary requests. 
(b) TRANSFER OF CERTAIN FUNCTIONS UNDER THE 
UNFUNDED MANDATES REFORM ACT OF 1995 FROM 
CBO TO OFFICE.— 
(1) COST
OF
REGULATIONS.—Section 103 of 
the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1511) is amended— 
(A) in subsection (b), by striking ‘‘the Di-
rector’’ and inserting ‘‘the Director of the Con-
gressional Office of Regulatory Analysis’’; and 
(B) in subsection (c), by inserting after 
‘‘Budget Office’’ the following: ‘‘or the Director 
of the Congressional Office of Regulatory Anal-
ysis’’. 
(2) ASSISTANCE TO THE CONGRESSIONAL OF-
FICE OF REGULATORY ANALYSIS.—Section 206 of 
the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1536) is amended— 
(A) by amending the section heading to 
read as follows: ‘‘SEC. 206. ASSISTANCE TO 
THE
CONGRESSIONAL
OFFICE
OF
REGU-
LATORY ANALYSIS.’’; and 
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(B) in paragraph (2), by striking ‘‘the Di-
rector of the Congressional Budget Office’’ and 
inserting ‘‘the Director of the Congressional Of-
fice of Regulatory Analysis’’. 
(c) OTHER REPORTS.—In addition to the analyses of 
major and nonmajor rules described in subsection (a), the 
Office shall also issue an annual report including esti-
mates of the total costs and benefits of all existing Federal 
regulations. 
SEC. 103. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall take effect 180 days after the date of the enactment 
of this Act. 
TITLE II—REGULATORY SUNSET 
AND REVIEW 
SEC. 201. PURPOSES. 
The purposes of this title are— 
(1) to require agencies to regularly review their 
significant rules to determine whether they should be 
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 title, and whether 
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the rules are obsolete, unnecessary, duplicative, con-
flicting, or otherwise inconsistent; 
(3) to require that any rules continued in effect 
under this title 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 
(6) to require the Administrator to coordinate 
and be responsible for sunset reviews conducted by 
the agencies. 
SEC. 202. REVIEW OF REGULATIONS. 
A covered rule shall be subject to review in accord-
ance with this title. Upon completion of such review, the 
agency which has jurisdiction over such rule shall— 
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(1) issue a final report under section 207(c)(2) 
continuing such rule; or 
(2) conduct a rulemaking in accordance with 
section 207(d) to modify, consolidate with another 
rule, or terminate such rule. 
SEC. 203. COVERED RULES. 
(a) COVERED RULES.—For purposes of this title, 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 by the Ad-
ministrator under this title for sunset review. 
(b) SIGNIFICANT RULES.—For purposes of this title, 
a significant rule is a rule that the Administrator deter-
mines— 
(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, as defined in section 804(2) 
of title 5, United States Code; or 
(3) was issued pursuant to a significant regu-
latory action, as that term is defined in Executive 
Order 12866 (5 U.S.C. 601 note; relating to regu-
latory planning and review). 
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(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, whether or not they 
have already 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; 
(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; and 
(C) shall be accompanied by a $20 proc-
essing fee. 
(3) RESPONSE REQUIRED FOR NONCOMPLYING 
PETITIONS.—If such agency determines that a peti-
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tion does not meet the requirements of this sub-
section, such agency shall provide a response to the 
petitioner within 30 days after receiving the petition, 
notifying the petitioner of the problem and providing 
information 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, 
such agency shall transmit a response to the peti-
tioner stating whether the petition was granted or 
denied, except that such 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 such 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, beyond the period specified in paragraph (4), 
in notifying the petitioner of such agency’s deter-
mination to grant or deny the petition. 
(6) PUBLIC LOG.—Such agency shall maintain 
a public log of petitions submitted under this sub-
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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 a committee, may request in writing 
that the Administrator designate any rule that is not 
a significant rule for sunset review. The Adminis-
trator shall designate such rule for sunset review 
within 30 days after receipt of such a request unless 
the Administrator 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-
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. 
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SEC. 204. 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 title, 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 
such applicable requirements and an Act under which a 
rule was issued, the conflict shall be resolved in the same 
manner as such conflict would be resolved if the agency 
were issuing a new rule. 
SEC. 205. SUNSET REVIEW PROCEDURES. 
(a) FUNCTIONS OF THE ADMINISTRATOR.— 
(1) NOTICE OF RULES SUBJECT TO REVIEW.— 
(A) INVENTORY AND FIRST LIST.—Within 
one year after the date of the enactment of this 
Act, the Administrator shall conduct an inven-
tory of existing rules and publish a first list of 
covered rules. The list shall— 
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(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 206(a)(1). 
(B) 
PRIORITIZATIONS.—In 
determining 
which rules shall be given priority in time in 
that assignment, the Administrator shall con-
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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 
under provisions that provide relatively 
greater discretion; 
(vi) the burden of reviewing each rule 
on the reviewing agency; and 
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(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 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 207. 
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(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 204; 
(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 21⁄2 
years before the review deadline under section 
206(a) for a covered rule issued by an agency, the 
agency shall— 
(A) publish a sunset review notice in ac-
cordance with section 207(a) in the Federal 
Register and, to the extent reasonable and 
practicable, in other publications or media that 
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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 one year before the review 
deadline under section 206(a) for the covered 
rule, publish in the Federal Register, in accord-
ance with section 207(b), and transmit to the 
Administrator 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 
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section 207(c)(2) or 207(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. 
(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 207(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 
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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 206(a)(2)(B) to the Adminis-
trator or other officer designated by the President. 
SEC. 206. REVIEW DEADLINES FOR COVERED RULES. 
(a) IN GENERAL.— 
(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 
205(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 205(a)(2)(A), the 
initial review deadline is the last day of the 4-year 
period 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— 
(A) the 3-year period beginning on the 
date the rule takes effect; or 
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(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 203(c) or a congressional request 
under section 203(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 205(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. 
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(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— 
(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. 207. SUNSET REVIEW NOTICES AND AGENCY REPORTS. 
(a) SUNSET REVIEW NOTICE.—The sunset review 
notice under section 205(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 
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(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 
to what extent the risk predictions were accu-
rate; 
(E) whether the rule unnecessarily im-
peded domestic or international competition or 
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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; 
(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; 
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(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 205(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 204 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. 
(c) FINAL REPORTS ON SUNSET REVIEWS.— 
(1) IN GENERAL.—A final report under section 
205(b)(3) on the sunset review of a rule shall— 
(A) contain the factual findings and legal 
conclusions of the agency conducting the review 
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regarding the application of section 204 to the 
rule and the agency’s proposed recommendation 
as to whether the rule should be continued 
without change, modified, consolidated with an-
other rule, or terminated; 
(B) in the case of a rule that the agency 
proposes to continue without change, so state; 
(C) in the case of a rule that the agency 
proposes to modify or consolidate with another 
rule, contain— 
(i) 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 
(ii) the text of the rule as so modified 
or consolidated; and 
(D) in the case of a rule that the agency 
proposes to terminate, contain a notice of pro-
posed rulemaking for termination consistent 
with paragraph (3)(A). 
(2) FINAL REPORT PUBLISHED IN THE FED-
ERAL
REGISTER.—A final report under section 
205(b)(3) shall be published in the Federal Register. 
(d) RULEMAKING.—In the case of a final report on 
a rule described in subparagraphs (C) or (D) of subsection 
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(c)(1), the final report shall be published in the Federal 
Register and its publication shall constitute publication of 
the notice required by subsection (c)(1)(C)(i). After publi-
cation of a final report on a rule described in subpara-
graphs (C) or (D) of subsection (c)(1) on a sunset review 
of a rule, the agency which conducted such review shall 
conduct the rulemaking which is called for in such report. 
SEC. 208. DESIGNATION OF AGENCY REGULATORY REVIEW 
OFFICER. 
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. 209. RELATIONSHIP TO OTHER LAW. 
Nothing in this title is intended to supersede the pro-
visions of chapters 5, 6, and 7 of title 5, United States 
Code. 
SEC. 210. 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-
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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 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. 
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SEC. 211. JUDICIAL REVIEW. 
(a) IN GENERAL.—A denial or substantial inexcus-
able delay in granting or denying a petition under section 
203(c) shall be considered final agency action subject to 
review under section 702 of title 5, United States Code. 
A denial of a congressional request under section 203(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 203(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 
203(c), more than 1 year after the period applicable 
to the rule under section 203(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. 
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SEC. 212. DEFINITIONS. 
In this title: 
(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 
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) RULE.— 
(A) IN
GENERAL.—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— 
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(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, 
registration, or similar authority or that 
grant or recognize an exemption or relieve 
a restriction, or any agency action nec-
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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 title, 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. 
(5) SUNSET
REVIEW.—The term ‘‘sunset re-
view’’ means a review of a rule under this title. 
SEC. 213. EFFECTIVE DATE. 
This title shall take effect on the date of the enact-
ment of this Act. 
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