,i #aafth ,,congress #ast ,session ,h4 ,r4 #ijc ,,in ,,the ,,house ,,of ,,representatives ,january #cj1 #bjai,mr4 ,king of ,iowa introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,rules1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend chapter #h of title #e1 ,united ,states ,code1 to provide for ,congressional oversight of agency rulemaking1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,sunset ,act of #bjai4 #b4 ,congressional review of agency rulemaking ,chapter #h of title #e1 ,united ,states ,code1 is amended to read as follows3 #h ,congressional ,review of ,agency ,rulemaking #hja4 ,congressional review4 #hjb4 ,congressional approval procedure for rules4 #hjc4 ,definitions4 #hjd4 ,judicial review4 #hje4 ,exemption for monetary policy4 #hjf4 ,review of rules currently in effect4 #hjg4 ,sunset for rules4 #hja4 ,congressional review 7a7 7#a7 7,a7 ,beginning on the date that is #c months after the date of enactment of this section and every #c months thereafter1 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 #c-month period1 containing-- 7i7 a copy of each such rule2 7ii7 a concise general statement relating to the rule2 7iii7 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 actions2 and 7iv7 the proposed effective date of the rule4 7,b7 ,no rule may take effect before the submission of a report under subparagraph 7,a7 that includes that rule4 7,c7 ,on the date of the submission of the report under subparagraph 7,a71 the ,federal agency promulgating each rule included in the report shall submit to the ,comptroller ,general and make available to each ,house of ,congress-- 7i7 a complete copy of the cost-benefit analysis of the rule1 if any2 7ii7 the agency's actions pursuant to title #e of the ,united ,states ,code1 sections #fjc1 #fjd1 #fje1 #fjg1 and #fji2 7iii7 the agency's actions pursuant to title #b of the ,united ,states ,code1 sections #aecb1 #aecc1 #aecd1 and #aece2 and 7iv7 any other relevant information or requirements under any other ,act and any relevant ,executive orders4 7,d7 ,upon receipt of a report submitted under subparagraph 7,a71 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 issued4 7#b7 7,a7 ,the ,comptroller ,general shall provide a report on each rule to the committees of jurisdiction by the end of #ae calendar days after the submission or publication date as provided in section #hjb7;b77#b74 ,the report of the ,comptroller ,general shall include an assessment of the agency's compliance with procedural steps required by paragraph 7#a77;,c74 7,b7 ,federal agencies shall cooperate with the ,comptroller ,general by providing information relevant to the ,comptroller ,general's report under subparagraph 7,a74 7#c7 ,a rule included in a report submitted under paragraph 7#a7 shall take effect upon enactment of a joint resolution of approval described in section #hjb or as provided for in the rule following enactment of a joint resolution of approval described in section #hjb1 whichever is later4 7#d7 ,if a joint resolution of approval relating to a rule is not enacted within the period provided in subsection 7b77#b71 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 ,senate4 7b7 7#a7 ,a rule shall not take effect unless the ,congress enacts a joint resolution of approval described under section #hjb4 7#b7 ,if a joint resolution described in subsection 7a7 is not enacted into law by the end of #gj session days or legislative days1 as applicable1 beginning on the date on which the report referred to in section #hja7;a77#a77;,a7 is received by ,congress 7excluding days either ,house of ,congress is adjourned for more than #c days during a session of ,congress71 then each rule described in that resolution shall be deemed not to be approved and such rule shall not take effect4 7#c7 ,such a rule may not be reissued in substantially the same form1 and a new rule that is substantially the same as such a rule may not be issued1 unless the reissued or new rule is specifically authorized by a law enacted after the date described in this subsection4 7c7 7#a7 ,notwithstanding any other provision of this section 7except subject to paragraph 7#c771 a rule may take effect for one #ij-;calendar-day period if the ,president makes a determination under paragraph 7#b7 and submits written notice of such determination to the ,congress4 7#b7 ,paragraph 7#a7 applies to a determination made by the ,president by ,executive order that the rule should take effect because such rule is-- 7,a7 necessary because of an imminent threat to health or safety or other emergency2 7,b7 necessary for the enforcement of criminal laws2 7,c7 necessary for national security2 or 7,d7 issued pursuant to any statute implementing an international trade agreement4 7#c7 ,an exercise by the ,president of the authority under this subsection shall have no effect on the procedures under section #hjb4 7d7 7#a7 ,in addition to the opportunity for review otherwise provided under this chapter1 in the case of any rule included in a report submitted in accordance with subsection 7a77#a77;,a7 during the period beginning on the date occurring-- 7,a7 in the case of the ,senate1 #fj session days1 or 7,b7 in the case of the ,house of ,representatives1 #fj legislative days1 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 session1 section #hjb shall apply to such rule in the succeeding session of ,congress4 7#b7 7,a7 ,in applying section #hjb for purposes of such additional review1 a rule described under paragraph 7#a7 shall be treated as though-- 7i7 such rule were published in the ,federal ,register on-- 7,i7 in the case of the ,senate1 the #aeth session day1 or 7,,ii7 in the case of the ,house of ,representatives1 the #aeth legislative day1 after the succeeding session of ,congress first convenes2 and 7ii7 a report on such rule were submitted to ,congress under subsection 7a77#a7 on such date4 7,b7 ,nothing in this paragraph shall be construed to affect the requirement under subsection 7a77#a7 that a report shall be submitted to ,congress before a rule can take effect4 7#c7 ,a rule described under paragraph 7#a7 shall take effect as otherwise provided by law 7including other subsections of this section74 #hjb4 ,congressional approval procedure for rules 7a7 ,for purposes of this section1 the term joint resolution means only a joint resolution introduced on or after the date on which the report referred to in section #hja7;a77#a77;,a7 is received by ,congress 7excluding days either ,house of ,congress is adjourned for more than #c days during a session of ,congress71 the matter after the resolving clause of which is as follows3 ,that ,congress approves the rules submitted by the relating to 4 7,the blank spaces being appropriately filled in74 7#a7 ,in the ,house1 the majority leader of the ,house of ,representatives 7or his designee7 and the minority leader of the ,house of ,representatives 7or his designee7 shall introduce such joint resolution described in subsection 7a7 7by request71 within #c legislative days after ,congress receives the report referred to in section #hja7;a77#a77;,a74 7#b7 ,in the ,senate1 the majority leader of the ,senate 7or his designee7 and the minority leader of the ,senate 7or his designee7 shall introduce such joint resolution described in subsection 7a7 7by request71 within #c session days after ,congress receives the report referred to in section #hja7;a77#a77;,a74 7b7 7#a7 ,a joint resolution described in subsection 7a7 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 issued4 7#b7 ,for purposes of this section1 the term submission date means the date on which the ,congress receives the report submitted under section #hja7;a77#a74 7c7 ,in the ,senate1 if the committee or committees to which a joint resolution described in subsection 7a7 has been referred have not reported it at the end of #ae session days after its introduction1 such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar4 ,a vote on final passage of the resolution shall be taken on or before the close of the #aeth session day after the resolution is reported by the committee or committees to which it was referred1 or after such committee or committees have been discharged from further consideration of the resolution4 7d7 7#a7 ,in the ,senate1 when the committee or committees to which a joint resolution is referred have reported1 or when a committee or committees are discharged 7under subsection 7c77 from further consideration of a joint resolution described in subsection 7a71 it is at any time thereafter in order 7even though a previous motion to the same effect has been disagreed to7 for a motion to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against consideration of the joint resolution7 are waived4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the joint resolution is agreed to1 the joint resolution shall remain the unfinished business of the ,senate until disposed of4 7#b7 ,in the ,senate1 debate on the joint resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #b hours1 which shall be divided equally between those favoring and those opposing the joint resolution4 ,a motion to further limit debate is in order and not debatable4 ,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 contingent4 7#c7 ,in the ,senate1 immediately following the conclusion of the debate on a joint resolution described in subsection 7a71 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate1 the vote on final passage of the joint resolution shall occur4 7#d7 ,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 7a7 shall be decided without debate4 7e7 7#a7 ,in the ,house of ,representatives1 if the committee or committees to which a joint resolution described in subsection 7a7 has been referred have not reported it at the end of #ae legislative days after its introduction1 such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar4 ,a vote on final passage of the resolution shall be taken on or before the close of the #aeth legislative day after the resolution is reported by the committee or committees to which it was referred1 or after such committee or committees have been discharged from further consideration of the resolution4 7#b7 7,a7 ,a motion in the ,house of ,representatives to proceed to the consideration of a resolution shall be privileged and not debatable4 ,an amendment to the motion shall not be in order1 nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to4 7,b7 ,debate in the ,house of ,representatives on a resolution shall be limited to not more than two hours1 which shall be divided equally between those favoring and those opposing the resolution4 ,a motion to further limit debate shall not be debatable4 ,amendments to the resolution shall be in order4 ,no motion to recommit the resolution shall be in order4 ,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 contingent4 7,c7 ,motions to postpone1 made in the ,house of ,representatives with respect to the consideration of a resolution1 and motions to proceed to the consideration of other business1 shall be decided without debate4 7,d7 ,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 debate4 7f7 ,if1 before the passage by one ,house of a joint resolution of that ,house described in subsection 7a71 that ,house receives from the other ,house a joint resolution described in subsection 7a71 then the following procedures shall apply with respect to a joint resolution described in subsection 7a7 of the ,house receiving the joint resolution-- 7#a7 the procedure in that ,house shall be the same as if no joint resolution had been received from the other ,house2 but 7#b7 the vote on final passage shall be on the joint resolution of the other ,house4 7g7 ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution described in subsection 7a71 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 #hjc4 ,definitions ,for purposes of this chapter-- 7#a7 ,the term ,federal agency means any agency as that term is defined in section #eea7a74 7#b7 ,the term rule has the meaning given such term in section #eea1 except that such term does not include-- 7,a7 any rule of particular applicability1 including a rule that approves or prescribes for the future rates1 wages1 prices1 services1 or allowances therefore1 corporate or financial structures1 reorganizations1 mergers1 or acquisitions thereof1 or accounting practices or disclosures bearing on any of the foregoing2 7,b7 any rule relating to agency management or personnel2 or 7,c7 any rule of agency organization1 procedure1 or practice that does not substantially affect the rights or obligations of non-agency parties4 #hjd4 ,judicial review 7a7 ,no determination1 finding1 action1 or omission under this chapter shall be subject to judicial review4 7b7 ,notwithstanding subsection 7a71 a court may determine whether a ,federal agency has completed the necessary requirements under this chapter for a rule to take effect4 #hje4 ,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 ,committee4 #hjf4 ,review of rules currently in effect 7a7 ,annual review ,beginning on the date that is #f months after the date of enactment of this section and annually thereafter for the #i years following1 each agency shall designate not less than #aj percent of eligible rules made by that agency for review1 and shall submit a report including each such eligible rule in the same manner as a report under section #hja7;a77#a74 ,section #hja and section #hjb shall apply to each such rule1 subject to subsection 7c7 of this section4 ,no eligible rule previously designated may be designated again4 7b7 ,sunset for eligible rules not extended ,beginning after the date that is #aj years after the date of enactment of this section1 if ,congress has not enacted a joint resolution of approval for that eligible rule1 that eligible rule shall not continue in effect4 7c7 ,consolidation2 severability ,in applying sections #hja and #hjb to eligible rules under this section1 the following shall apply3 7#a7 ,the words take effect shall be read as continue in effect4 7#b7 ,except as provided in paragraph 7#c71 a single joint resolution of approval shall apply to all eligible rules in a report designated for a year1 and the matter after the resolving clause of that joint resolution is as follows3 ,that ,congress approves the rules submitted by the for the year 4 7,the blank spaces being appropriately filled in74 7#c7 ,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 contingent4 7#d7 ,a member of either ,house may move that a separate joint resolution be required for a specified rule4 7d7 ,definition ,in this section1 the term eligible rule means a rule that is in effect as of the date of enactment of this section4 #hjg4 ,sunset for rules 7a7 ,expiration of rule 7#a7 ,in general ,except as provided in this section1 each rule made by an agency shall cease to have effect-- 7,a7 beginning on the date that is #aj years after the date of enactment of a joint resolution of approval with regard to the rule2 or 7,b7 if a joint resolution of extension described in subsection 7d7 has been enacted with regard to the rule1 beginning on the date that is #aj years after the date of enactment of the most recently enacted such joint resolution4 7#b7 ,reissuance of the rule prohibited ,the rule may not be reissued in substantially the same form1 and a new rule that is substantially the same as such a rule may not be issued1 unless the reissued or new rule is specifically authorized by a law enacted after the date described in this subsection 7a74 7b7 ,report by agency ,not later than #ahj days before the date described in subsection 7a71 the agency shall submit a report similar to the report described in #hja7;a77#a77;,a7 to each ,house of ,congress and to the ,comptroller ,general1 except that instead of the proposed effective date1 such report shall contain the date described in subsection 7a74 7c7 ,exemption by ,president ,the ,president may by ,executive order exempt a rule from the application of subsection 7a7 for a period of not more than #aj years if the ,president determines1 and submits to ,congress written notice of such determination1 that such rule is-- 7#a7 necessary because of an imminent threat to health or safety or other emergency2 7#b7 necessary for the enforcement of criminal laws2 7#c7 necessary for national security2 or 7#d7 issued pursuant to any statute implementing an international trade agreement4 7d7 ,joint resolution of extension 7#a7 ,joint resolution described ,for purposes of this section1 the term joint resolution means only a joint resolution introduced on or after the date on which the report referred to subsection 7b7 is received by ,congress 7excluding days either ,house of ,congress is adjourned for more than #c days during a session of ,congress71 the matter after the resolving clause of which is as follows3 ,that ,congress extends the rule submitted by the relating to 4 7,the blank spaces being appropriately filled in74 ,the following shall apply to such a joint resolution3 7,a7 ,in the ,house1 the majority leader of the ,house of ,representatives 7or his designee7 and the minority leader of the ,house of ,representatives 7or his designee7 shall introduce such joint resolution 7by request71 within #c legislative days after ,congress receives the report submitted under subsection 7b74 7,b7 ,in the ,senate1 the majority leader of the ,senate 7or his designee7 and the minority leader of the ,senate 7or his designee7 shall introduce such joint resolution described in subsection 7a7 7by request71 within #c session days after ,congress receives the report submitted under subsection 7b74 7#b7 ,consideration of joint resolution ,subsections 7b7 through 7g7 of section #hjb shall apply to a joint resolution described in paragraph 7#a7 of this subsection in the same manner as a joint resolution described in subsection 7a7 of section #hjb1 except that for purposes of that subsection1 the term submission date means the date on which the ,congress receives the report submitted under subsection 7b74 4