[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7455 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7455
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
February 26, 2024
Mr. Emmer (for himself, Mrs. Cammack, Mr. Finstad, Mrs. Hinson, Mr.
Donalds, Mr. Norman, Mr. Rogers of Alabama, Mr. Reschenthaler, Mrs.
Houchin, Mr. Higgins of Louisiana, Mr. Scott Franklin of Florida, Mr.
Crenshaw, Mr. Cloud, Mr. Burgess, Mr. Baird, Mr. Bilirakis, Mr. Biggs,
Mrs. Fischbach, Mr. Duncan, Ms. Mace, Mr. Weber of Texas, Mr. Van Drew,
Mr. Mooney, Mr. Alford, Mr. Ciscomani, Mr. Bean of Florida, Mr. Carter
of Georgia, Mr. Williams of New York, Mr. Van Orden, and Mr. Roy)
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 2024''.
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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