Sec. 604. Sunset review procedures
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Within 6 months after the date of the enactment of this title, the Administrator shall conduct an inventory of existing rules and publish a first list of covered rules. The list shall— 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 include other rules subject to sunset review for any other reason, and state the review deadline for each such rule. After publication 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.
The Administrator shall assign each significant rule in effect on the date of enactment of this title 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 405(a)(1). In determining which rules shall be given priority in time in that assignment, the Administrator shall consult with appropriate agencies, and shall prioritize rule based on— the grouping of related rules in accordance with paragraph (3); 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; consideration of the views of regulated persons, including State and local governments; whether a particular rule has recently 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; 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; the burden of reviewing each rule on the reviewing agency; and the need for orderly processing and the timely completion of the sunset reviews of existing rules.
The Administrator shall group related rules under paragraph
(2)(and designate other rules) for simultaneous sunset review based upon their subject matter similarity, functional interrelationships, and other relevant factors to ensure comprehensive and coordinated review of redundant, overlapping, and conflicting 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 comprehensive sunset review whether or not such other rule is otherwise a covered rule under this title. The Administrator shall provide 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. The Administrator shall review and evaluate each preliminary and final report submitted by the agency pursuant to this section. Within 90 days after receiving a preliminary report, the Administrator shall transmit comments to the head of the agency regarding— the quality of the analysis in the report, including whether the agency has properly applied section 403; the consistency of the agency’s proposed action with actions of other agencies; and whether the rule should be continued without change, modified, consolidated with another rule, or terminated. At least 30 months before the review deadline under section 405(a) for a covered rule issued by an agency, the agency shall— publish a sunset review notice in accordance 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 affected by the covered rule; and 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. In reviewing a covered rule, the agency shall— consider public comments and other recommendations generated by a sunset review notice under paragraph (1); and at least 1 year before the review deadline under section 405(a) for the covered rule, publish in the Federal Register, in accordance with section 406(b), and transmit to the Administrator and the appropriate committees of the Congress a preliminary report. The agency shall consider the public comments and other recommendations generated by the preliminary report under paragraph
(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 review 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 report to the Administrator and the appropriate committees of the Congress. 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 relating to such review. The written record of such contact shall be made available, upon request, to the public. If a final report under subsection (b)(3) recommends that a covered rule should be continued without change, the covered rule shall be continued. If a final report 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). The head of any appropriate 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 Administrator or other officer designated by the President.
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Sec. 604
Sunset review procedures
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