117 HR 8563 IH: Sunset Act of 2022
U.S. House of Representatives
2022-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
117th CONGRESS
2d Session
H. R. 8563
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.
1.

Short title
This Act may be cited as the “Sunset Act of 2022”.
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:
“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).
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.”.
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.