[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2778 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2778
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
June 15, 2015
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 2015''.
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>