[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8563 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8563

   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

                             July 28, 2022

   Mr. Emmer (for himself, Mrs. Cammack, Mr. Donalds, Mr. Carter of 
Georgia, Mr. Banks, Mr. Cloud, Mr. Tiffany, Mr. Bilirakis, Mr. Norman, 
   Mr. Smith of Nebraska, Mr. Ellzey, Mr. Rutherford, Ms. Mace, Mr. 
 Higgins of Louisiana, Mr. Gosar, Mr. Roy, and Mr. Mullin) 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 2022''.

SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    Chapter 8 of title 5, United States Code, is amended--
            (1) in the table of sections, by adding at the end the 
        following:

``809. Sunset for rules.
``810. Review of rules in effect.'';
        and
            (2) by adding at the end the following:
``Sec. 809. Sunset for rules
    ``(a) Expiration of Rule.--
            ``(1) In general.--Except as provided in this section, each 
        major 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 described 
                in subsection (d) 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 not more than one rule during each Congress from the application 
of subsection (a) for a period of not more than 30 days 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).
``Sec. 810. Review of rules 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 major rule that is in effect as of the date of enactment of this 
section.''.

SEC. 3. EFFECTIVE DATE.

    On the date that is 10 years after the date of enactment of this 
Act--
            (1) section 810 of title 5, United States Code, is 
        repealed; and
            (2) the table of sections for chapter 8 of such title is 
        amended by striking the item pertaining to section 810.
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