[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6333 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6333

   To amend chapter 8 of title 5, United States Code, to provide for 
 Congressional oversight of agency rulemaking, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2012

 Mr. King of Iowa introduced the following bill; which was referred to 
  the Committee on the Judiciary, and in addition to the Committee on 
 Rules, 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 amend chapter 8 of title 5, United States Code, to provide for 
 Congressional oversight of agency rulemaking, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sunset Act of 2012''.

SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    Chapter 8 of title 5, United States Code, is amended to read as 
follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``801. Congressional review.
``802. Congressional approval procedure for rules.
``803. Definitions.
``804. Judicial review.
``805. Exemption for monetary policy.
``806. Review of rules currently in effect.
``807. Sunset for rules.
``Sec. 801. Congressional review
    ``(a)(1)(A) Beginning on the date that is 3 months after the date 
of enactment of this section and every 3 months thereafter, each agency 
shall submit to each House of the Congress and to the Comptroller 
General a report including each rule made by that agency during that 3 
month period, containing--
            ``(i) a copy of each such rule;
            ``(ii) a concise general statement relating to the rule;
            ``(iii) a list of any other related regulatory actions 
        intended to implement the same statutory provision or 
        regulatory objective as well as the individual and aggregate 
        economic effects of those actions; and
            ``(iv) the proposed effective date of the rule.
    ``(B) No rule may take effect before the submission of a report 
under subparagraph (A) that includes that rule.
    ``(C) On the date of the submission of the report under 
subparagraph (A), the Federal agency promulgating each rule included in 
the report shall submit to the Comptroller General and make available 
to each House of Congress--
            ``(i) a complete copy of the cost-benefit analysis of the 
        rule, if any;
            ``(ii) the agency's actions pursuant to title 5 of the 
        United States Code, sections 603, 604, 605, 607, and 609;
            ``(iii) the agency's actions pursuant to title 2 of the 
        United States Code, sections 1532, 1533, 1534, and 1535; and
            ``(iv) any other relevant information or requirements under 
        any other Act and any relevant Executive orders.
    ``(D) Upon receipt of a report submitted under subparagraph (A), 
each House shall provide copies of the report to the chairman and 
ranking member of each standing committee with jurisdiction under the 
rules of the House of Representatives or the Senate to report a bill to 
amend the provision of law under which each rule included in the report 
is issued.
    ``(2)(A) The Comptroller General shall provide a report on each 
rule to the committees of jurisdiction by the end of 15 calendar days 
after the submission or publication date as provided in section 
802(b)(2). The report of the Comptroller General shall include an 
assessment of the agency's compliance with procedural steps required by 
paragraph (1)(C).
    ``(B) Federal agencies shall cooperate with the Comptroller General 
by providing information relevant to the Comptroller General's report 
under subparagraph (A).
    ``(3) A rule included in a report submitted under paragraph (1) 
shall take effect upon enactment of a joint resolution of approval 
described in section 802 or as provided for in the rule following 
enactment of a joint resolution of approval described in section 802, 
whichever is later.
    ``(4) If a joint resolution of approval relating to a rule is not 
enacted within the period provided in subsection (b)(2), then a joint 
resolution of approval relating to the same rule may not be considered 
under this chapter in the same Congress by either the House of 
Representatives or the Senate.
    ``(b)(1) A rule shall not take effect unless the Congress enacts a 
joint resolution of approval described under section 802.
    ``(2) If a joint resolution described in subsection (a) is not 
enacted into law by the end of 70 session days or legislative days, as 
applicable, beginning on the date on which the report referred to in 
section 801(a)(1)(A) is received by Congress (excluding days either 
House of Congress is adjourned for more than 3 days during a session of 
Congress), then each rule described in that resolution shall be deemed 
not to be approved and such rule shall not take effect.
    ``(3) Such a rule may not be reissued in substantially the same 
form, and a new rule that is substantially the same as such a rule may 
not be issued, unless the reissued or new rule is specifically 
authorized by a law enacted after the date described in this 
subsection.
    ``(c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a rule may take effect for one 90-
calendar-day period if the President makes a determination under 
paragraph (2) and submits written notice of such determination to the 
Congress.
    ``(2) Paragraph (1) applies to a determination made by the 
President by Executive order that the rule should take effect because 
such rule is--
            ``(A) necessary because of an imminent threat to health or 
        safety or other emergency;
            ``(B) necessary for the enforcement of criminal laws;
            ``(C) necessary for national security; or
            ``(D) issued pursuant to any statute implementing an 
        international trade agreement.
    ``(3) An exercise by the President of the authority under this 
subsection shall have no effect on the procedures under section 802.
    ``(d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any rule included in a 
report submitted in accordance with subsection (a)(1)(A) during the 
period beginning on the date occurring--
            ``(A) in the case of the Senate, 60 session days, or
            ``(B) in the case of the House of Representatives, 60 
        legislative days,
before the date the Congress is scheduled to adjourn a session of 
Congress through the date on which the same or succeeding Congress 
first convenes its next session, section 802 shall apply to such rule 
in the succeeding session of Congress.
    ``(2)(A) In applying section 802 for purposes of such additional 
review, a rule described under paragraph (1) shall be treated as 
though--
            ``(i) such rule were published in the Federal Register on--
                    ``(I) in the case of the Senate, the 15th session 
                day, or
                    ``(II) in the case of the House of Representatives, 
                the 15th legislative day,
        after the succeeding session of Congress first convenes; and
            ``(ii) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
    ``(B) Nothing in this paragraph shall be construed to affect the 
requirement under subsection (a)(1) that a report shall be submitted to 
Congress before a rule can take effect.
    ``(3) A rule described under paragraph (1) shall take effect as 
otherwise provided by law (including other subsections of this 
section).
``Sec. 802. Congressional approval procedure for rules
    ``(a) For purposes of this section, the term `joint resolution' 
means only a joint resolution introduced on or after the date on which 
the report referred to in section 801(a)(1)(A) is received by Congress 
(excluding days either House of Congress is adjourned for more than 3 
days during a session of Congress), the matter after the resolving 
clause of which is as follows: `That Congress approves the rules 
submitted by the __ relating to __.' (The blank spaces being 
appropriately filled in).
            ``(1) In the House, the majority leader of the House of 
        Representatives (or his designee) and the minority leader of 
        the House of Representatives (or his designee) shall introduce 
        such joint resolution described in subsection (a) (by request), 
        within 3 legislative days after Congress receives the report 
        referred to in section 801(a)(1)(A).
            ``(2) In the Senate, the majority leader of the Senate (or 
        his designee) and the minority leader of the Senate (or his 
        designee) shall introduce such joint resolution described in 
        subsection (a) (by request), within 3 session days after 
        Congress receives the report referred to in section 
        801(a)(1)(A).
    ``(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction 
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.
    ``(2) For purposes of this section, the term `submission date' 
means the date on which the Congress receives the report submitted 
under section 801(a)(1).
    ``(c) In the Senate, if the committee or committees to which a 
joint resolution described in subsection (a) has been referred have not 
reported it at the end of 15 session days after its introduction, such 
committee or committees shall be automatically discharged from further 
consideration of the resolution and it shall be placed on the calendar. 
A vote on final passage of the resolution shall be taken on or before 
the close of the 15th session day after the resolution is reported by 
the committee or committees to which it was referred, or after such 
committee or committees have been discharged from further consideration 
of the resolution.
    ``(d)(1) In the Senate, when the committee or committees to which a 
joint resolution is referred have reported, or when a committee or 
committees are discharged (under subsection (c)) from further 
consideration of a joint resolution described in subsection (a), it is 
at any time thereafter in order (even though a previous motion to the 
same effect has been disagreed to) for a motion to proceed to the 
consideration of the joint resolution, and all points of order against 
the joint resolution (and against consideration of the joint 
resolution) are waived. The motion is not subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If a motion to proceed 
to the consideration of the joint resolution is agreed to, the joint 
resolution shall remain the unfinished business of the Senate until 
disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 2 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. It shall be in order to 
consider any amendment that provides for specific conditions on which 
the approval of a particular rule included in the joint resolution is 
contingent.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e)(1) In the House of Representatives, if the committee or 
committees to which a joint resolution described in subsection (a) has 
been referred have not reported it at the end of 15 legislative days 
after its introduction, such committee or committees shall be 
automatically discharged from further consideration of the resolution 
and it shall be placed on the appropriate calendar. A vote on final 
passage of the resolution shall be taken on or before the close of the 
15th legislative day after the resolution is reported by the committee 
or committees to which it was referred, or after such committee or 
committees have been discharged from further consideration of the 
resolution.
    ``(2)(A) A motion in the House of Representatives to proceed to the 
consideration of a resolution shall be privileged and not debatable. An 
amendment to the motion shall not be in order, nor shall it be in order 
to move to reconsider the vote by which the motion is agreed to or 
disagreed to.
    ``(B) Debate in the House of Representatives on a resolution shall 
be limited to not more than two hours, which shall be divided equally 
between those favoring and those opposing the resolution. A motion to 
further limit debate shall not be debatable. Amendments to the 
resolution shall be in order. No motion to recommit the resolution 
shall be in order. It shall be in order to consider any amendment that 
provides for specific conditions on which the approval of a particular 
rule included in the joint resolution is contingent.
    ``(C) Motions to postpone, made in the House of Representatives 
with respect to the consideration of a resolution, and motions to 
proceed to the consideration of other business, shall be decided 
without debate.
    ``(D) All appeals from the decisions of the Chair relating to the 
application of the Rules of the House of Representatives to the 
procedure relating to a resolution shall be decided without debate.
    ``(f) If, before the passage by one House of a joint resolution of 
that House described in subsection (a), that House receives from the 
other House a joint resolution described in subsection (a), then the 
following procedures shall apply with respect to a joint resolution 
described in subsection (a) of the House receiving the joint 
resolution--
            ``(1) the procedure in that House shall be the same as if 
        no joint resolution had been received from the other House; but
            ``(2) the vote on final passage shall be on the joint 
        resolution of the other House.
    ``(g) This section is enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
``Sec. 803. Definitions
    ``For purposes of this chapter--
            ``(1) The term `Federal agency' means any agency as that 
        term is defined in section 551(1).
            ``(2) The term `rule' has the meaning given such term in 
        section 551, except that such term does not include--
                    ``(A) any rule of particular applicability, 
                including a rule that approves or prescribes for the 
                future rates, wages, prices, services, or allowances 
                therefore, corporate or financial structures, 
                reorganizations, mergers, or acquisitions thereof, or 
                accounting practices or disclosures bearing on any of 
                the foregoing;
                    ``(B) any rule relating to agency management or 
                personnel; or
                    ``(C) any rule of agency organization, procedure, 
                or practice that does not substantially affect the 
                rights or obligations of non-agency parties.
``Sec. 804. Judicial review
    ``(a) No determination, finding, action, or omission under this 
chapter shall be subject to judicial review.
    ``(b) Notwithstanding subsection (a), a court may determine whether 
a Federal agency has completed the necessary requirements under this 
chapter for a rule to take effect.
``Sec. 805. Exemption for monetary policy
    ``Nothing in this chapter shall apply to rules that concern 
monetary policy proposed or implemented by the Board of Governors of 
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 806. Review of rules currently in effect
    ``(a) Annual Review.--Beginning on the date that is 6 months after 
the date of enactment of this section and annually thereafter for the 9 
years following, each agency shall designate not less than 10 percent 
of eligible rules made by that agency for review, and shall submit a 
report including each such eligible rule in the same manner as a report 
under section 801(a)(1). Section 801 and section 802 shall apply to 
each such rule, subject to subsection (c) of this section. No eligible 
rule previously designated may be designated again.
    ``(b) Sunset for Eligible Rules Not Extended.--Beginning after the 
date that is 10 years after the date of enactment of this section, if 
Congress has not enacted a joint resolution of approval for that 
eligible rule, that eligible rule shall not continue in effect.
    ``(c) Consolidation; Severability.--In applying sections 801 and 
802 to eligible rules under this section, the following shall apply:
            ``(1) The words `take effect' shall be read as `continue in 
        effect'.
            ``(2) Except as provided in paragraph (3), a single joint 
        resolution of approval shall apply to all eligible rules in a 
        report designated for a year, and the matter after the 
        resolving clause of that joint resolution is as follows: `That 
        Congress approves the rules submitted by the __ for the year 
        __.' (The blank spaces being appropriately filled in).
            ``(3) It shall be in order to consider any amendment that 
        provides for specific conditions on which the approval of a 
        particular eligible rule included in the joint resolution is 
        contingent.
            ``(4) A member of either House may move that a separate 
        joint resolution be required for a specified rule.
    ``(d) Definition.--In this section, the term `eligible rule' means 
a rule that is in effect as of the date of enactment of this section.
``Sec. 807. Sunset for rules
    ``(a) Expiration of Rule.--
            ``(1) In general.--Except as provided in this section, each 
        rule made by an agency shall cease to have effect--
                    ``(A) beginning on the date that is 10 years after 
                the date of enactment of a joint resolution of approval 
                with regard to the rule; or
                    ``(B) if a joint resolution of extension described 
                in subsection (d) has been enacted with regard to the 
                rule, beginning on the date that is 10 years after the 
                date of enactment of the most recently enacted such 
                joint resolution.
            ``(2) Reissuance of the rule prohibited.--The rule may not 
        be reissued in substantially the same form, and a new rule that 
        is substantially the same as such a rule may not be issued, 
        unless the reissued or new rule is specifically authorized by a 
        law enacted after the date described in this subsection (a).
    ``(b) Report by Agency.--Not later than 180 days before the date 
described in subsection (a), the agency shall submit a report similar 
to the report described in 801(a)(1)(A) to each House of Congress and 
to the Comptroller General, except that instead of the proposed 
effective date, such report shall contain the date described in 
subsection (a).
    ``(c) Exemption by President.--The President may by Executive order 
exempt a rule from the application of subsection (a) for a period of 
not more than 10 years if the President determines, and submits to 
Congress written notice of such determination, that such rule is--
            ``(1) necessary because of an imminent threat to health or 
        safety or other emergency;
            ``(2) necessary for the enforcement of criminal laws;
            ``(3) necessary for national security; or
            ``(4) issued pursuant to any statute implementing an 
        international trade agreement.
    ``(d) Joint Resolution of Extension.--
            ``(1) Joint resolution described.--For purposes of this 
        section, the term `joint resolution' means only a joint 
        resolution introduced on or after the date on which the report 
        referred to subsection (b) is received by Congress (excluding 
        days either House of Congress is adjourned for more than 3 days 
        during a session of Congress), the matter after the resolving 
        clause of which is as follows: `That Congress extends the rule 
        submitted by the _ _ relating to _ _.' (The blank spaces being 
        appropriately filled in). The following shall apply to such a 
        joint resolution:
                    ``(A) In the House, the majority leader of the 
                House of Representatives (or his designee) and the 
                minority leader of the House of Representatives (or his 
                designee) shall introduce such joint resolution (by 
                request), within 3 legislative days after Congress 
                receives the report submitted under subsection (b).
                    ``(B) In the Senate, the majority leader of the 
                Senate (or his designee) and the minority leader of the 
                Senate (or his designee) shall introduce such joint 
                resolution described in subsection (a) (by request), 
                within 3 session days after Congress receives the 
                report submitted under subsection (b).
            ``(2) Consideration of joint resolution.--Subsections (b) 
        through (g) of section 802 shall apply to a joint resolution 
        described in paragraph (1) of this subsection in the same 
        manner as a joint resolution described in subsection (a) of 
        section 802, except that for purposes of that subsection, the 
        term `submission date' means the date on which the Congress 
        receives the report submitted under subsection (b).''.
                                 <all>